Page 6 - Frey Anugus Ranch Annual Production Sale February 4, 2018

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TERMS & CONDITIONSERMS & CONDITIONS

TERMS OF SALE 2. Unless otherwise stated, all claims for adjustment or refund must be made in writing to the seller within 180 days following
Announcements the sale of the animal in question.
1. If there is any inconsistency in the terms of any sales materials, including sale books, supplement sheets or day-of-sale 3. If an animal is claimed to be a non-breeder, the animal may be returned to the seller if it is in good condition and complies
announcements, (i) the day-of-sale announcement will control over both the supplement sheet and the sale book, and (ii) the with the health requirements of the seller’s state. At the option of the buyer, the seller may issue a credit to the buyer for use
supplement sheet will control over the sale book.
Cash Sale in a future purchase or provide an animal of equal value subject to the approval of buyer. If the buyer exercises either such
option, the claim shall be deemed fully and satisfactorily resolved. However, in the event that the buyer requests a refund of
1. All sales are for cash unless satisfactory credit arrangements, including any possible reservation of security interest by the the purchase price, the seller may, at its option, either issue a refund of the full purchase price or, shall have 180 days from the
seller, have been made with the seller prior to sale. date the animal is returned to the seller’s farm to conduct a trial to demonstrate the returned animal is a breeder. Refund of the
Buyer’s Risk at the Time of Sale full purchase price or demonstrated proof that the animal is a breeder during the test trial shall be deemed full satisfaction and
1. The risk of loss and injury of each animal passes to the buyer as soon as it is sold; however, it is the obligation of the seller settlement of the claim.
to ensure that sold animals are fed and cared for free of charge to the buyer until loaded for shipment or until the expiration of
24 hours after the sale, whichever occurs sooner. Any expense incurred for transporting an animal claimed to be a non-breeder will be the responsibility of the buyer, except that
Identifi cation Responsibilities the seller will be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where
1. Prior to the sale, the seller must ensure that each animal has a readable permanent identifi cation mark (e.g., tattoo, hot-iron the sale took place. If the seller proves the animal to be a breeder, it will be the obligation of the buyer to take delivery of the
brand or freeze brand) corresponding to its registration. animal and pay all transportation expenses.
2. The buyer must check all permanent identifi cation marks for accuracy upon possession and report any discrepancies or 4. If a female sold as “safe in calf” proves not to be in calf, the seller must make a satisfactory adjustment on the purchase price
irregularities to the seller immediately. to the buyer or, at the buyer’s option, refund the purchase price upon return of the animal to the farm of the seller. Any claim for
adjustment or refund under this paragraph must be made in writing to the seller on or before the fi rst anniversary of the date
3. In those cases where a nickname is used by the seller, the nickname must also be accompanied by the offi cial registered of the sale.
name and number of the animal.
Certifi cates of Registration 5. If a female represented as “safe in calf” to a certain bull at the time of sale proves to have been bred to a different bull, the
1. A transferred certifi cate of registration must be furnished by the seller free of charge to the buyer for each animal within 45 seller must make a satisfactory adjustment on the purchase price to the buyer or, at the buyer’s option, refund the purchase price
days following the later of either the date of sale or upon the receipt of full payment. upon return of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph must be made in
Artifi cial Insemination (AI) Service Certifi cates writing to the seller on or before the fi rst anniversary of the date of sale.
1. AI Service certifi cates will be the responsibility of the buyer unless otherwise specifi ed by the seller. 6. If a female sold as “open” proves to be with calf, the buyer may return the animal to the farm of the seller prior to calving
GUARANTEES for a refund of the full purchase price or for another animal of equal value, whichever is acceptable to the buyer. The Seller is
Health responsible for all transportation expenses.
1. Unless otherwise announced, the seller guarantees that all animals are eligible for interstate shipment as required by 7. White skin or hair must not be painted or altered. If such painting or alteration has occurred, the buyer may return the animal
applicable federal and state regulations.
Conformance with Registration to the farm of the seller for a refund of the full purchase price or for another animal of equal value, whichever is acceptable to
1. The seller guarantees that all sold animals are registered in accordance with the rules of the American Angus Association. the buyer.
8. If an animal is sold and subsequently becomes ineligible for registration under the rules of the American Angus Association
2. The seller guarantees to the buyer that all sold animals conform to the registration certifi cate as entered in the Herd Book of for reasons other than incorrect parentage, the seller must make a satisfactory adjustment on the purchase price to the buyer, or
the American Angus Association. at the option of the buyer, refund the purchase price upon the return of the animal to the farm of the seller.
3. The seller guarantees to the buyer that with respect to all females exposed to multiple service sires, each such service sire
will have parentage markers on fi le with the American Angus Association. (As adopted February 21, 2014) 9. If an animal (including the offspring of a pregnant recipient) is sold and through parentage verifi cation is proven to have
incorrect parentage, as represented by the animal’s certifi cate of registration, and for which correct parentage can be determined,
*These Suggested Sales Terms and Conditions have been drafted for optional use by sellers in multiple types of transactions the seller is obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the buyer’s option, refund the
including auctions, internet auctions, private treaty sales and private treaty sale “bid offs.” Whether to use them as drafted, purchase price upon the return of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph
as modifi ed, or not at all, is left to the independent business judgment of every seller. They are for sellers’ consideration and must be made in writing to the seller on or before the second anniversary of the date of the sale.
voluntary use.
Pedigree, Performance and Genetic Information 10. If the resulting calf of a pregnancy is not of the sex represented at the time of the sale, the seller is obligated to make a
satisfactory adjustment on the purchase price to the buyer or, at the buyer’s option, refund the purchase price upon the return
1. The seller guarantees to the buyer that the pedigree, performance data and genetic information, as represented in any sales
materials (including any sale book, supplement sheet or day-of-sale announcement), are accurate. The seller shall provide “as of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph must be made in writing to the
of” date for all information from the American Angus Association database. seller on or before the fi rst anniversary date of the sale.
11. Unless stated otherwise, all transportation expenses incurred will be the responsibility of the buyer, except that the seller
2. The absence of any such designation on the pedigree of an animal, as set forth in any sales materials, does not establish that will be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where the sale
the animal in question is not a carrier of any such genetic factor. took place.
3. In those cases where a commonly understood nickname is used by the seller, the seller guarantees the pedigree of the animal Disclosure or Retention of Genetic Materials
based on the commonly understood nickname. 1. If seller retains any genetic materials of an animal being sold that can be used for cloning, the seller must disclose such fact
Sex to any potential buyers prior to the sale.
1. Unless otherwise represented by the seller, there are no guarantees that offspring will be of a particular sex. GENETIC CONDITIONS: REQUIRED DISCLOSURES RELATING TO CERTAIN TEST RESULTS OR POTENTIAL CARRI-
Breeding Guarantees ER STATUS OF AN ANIMAL.
1. The seller guarantees that all animals are breeders, with the exception of: (a) calves under 12 months of age at the time of the 1. In advance of any sales of an animal, the seller shall have the affi rmative duty to notify any potential buyer of (1) any test
sale; (b) animals shown after the sale has occurred (in such cases, the breeding guarantees, if any, will be those guarantees as results in which an animal for sale has tested positive (under a test and at a laboratory approved by the American Angus Asso-
are agreed upon between the seller and the buyer); (c) animals who suffer injury or disease following the sale; and (d) animals ciation) as a carrier of any genetic conditions recognized by the American Angus Association, and (2) whether the animal has a
subjected to gross negligence by or willful misconduct on the part of the buyer. potential carrier designation on its pedigree for any genetic condition that is recognized by the American Angus Association.
2. The seller guarantees that all bulls are breeders for a period of 90 days following the initial turn out with buyer’s herd, but Optional Guarantee: Genetic Conditions
only if such bulls are at least 12 months old at the time of sale and have not been allowed to run with the herd until at least 14 1. The buyer and seller may determine the scope and duration of a guarantee, if any, on an individual basis. The seller may, but
months of age. A bull that settles a cow by natural service and passes a fertility test performed by a competent veterinarian or is not required, to provide a guarantee to the buyer relating to genetic conditions.
reproductive technician mutually agreed upon by the buyer and the seller will be considered a breeder. Unless otherwise agreed 2. Nothing contained herein should be construed to relieve the parties from complying fully with all the rules and policies of the
by the buyer and the seller, the seller makes no guarantees with respect to the ability to freeze semen. Association relating to genetic conditions generally or individually.
3. Cows with calves at their side are presumed to be breeders with no further fertility guarantee. MISCELLANEOUS
4. “Safe-in-calf” females are guaranteed by the seller to have been examined by a competent veterinarian or reproductive 1. The above terms and conditions of sale constitute a contract between the buyer and the seller of each animal and are equally
binding upon both parties. Each sale or resale of an animal constitutes a separate transaction.
technician and determined to be safe-in-calf by examination or other proven method (e.g., ultrasound, pregnancy blood tests,
and rectal palpation). 2. Neither the American Angus Association nor any director, offi cer, employee or representative of the Association or any of its
related entities assumes any liability, legal or otherwise, in connection with any sale or transaction conducted under the terms
5. “Served” females are not guaranteed to be in calf. of the Suggested Sales Terms and Conditions. Nor shall the American Angus Association, its directors, offi cers, employees
6. “Pasture-bred” females have been exposed but are not guaranteed to be in calf. or representatives assume any liability or be responsible in any way for enforcing the terms and conditions of any agreement
7. “Open” females are guaranteed by the seller to be without calf. between buyer and seller.
8. Donor females: 3. Neither the sponsor or sponsors, the sale manager, nor any other person connected with the management of the sale,
assumes any liability, legal or otherwise.
a. Unless otherwise agreed by the buyer and the seller, a female that has been used in an embryo transfer program is not
guaranteed to be a breeder after the date of the sale. 4. These sale terms and conditions and all rights, obligations and duties arising hereunder and all disputes arising hereunder
will be construed in accordance with, and governed by, the laws of the state in which the sale of the animal or animals occurs,
b. Unless otherwise agreed by the buyer and the seller, a female is not guaranteed to be a breeder after the date of the sale, without giving effect to such state’s choice of law rules.
when that female is to be used, or attempted to be used, in an embryo transfer program.
9. The seller makes the following guarantees with respect to all “pregnant recipients”: (i) that the female is pregnant, (ii) that the UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN
resulting calf is of the pedigree represented, and (iii) that the resulting calf is of the sex represented (if so represented). AGREEMENT BETWEEN THE PARTIES RELATING TO THE SALE OF ANGUS CATTLE UNDER THESE SALE TERMS
Semen AND CONDITIONS, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
1. Unless otherwise agreed by the buyer and the seller, with respect to the sale of semen the seller makes no guarantees with WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE
respect to the performance or characteristics of such semen and the buyer is purchasing such semen “as is.” IS KNOWN TO THE PARTIES. THE REMEDIES PROVIDED IN THESE SALE TERMS AND CONDITIONS ARE THE
Embryos EXCLUSIVE REMEDIES OF THE BUYER, OR ANY PARTY CLAIMING THROUGH THE BUYER, AND UNDER NO
1. Embryos being offered for sale will be sold “as is” unless the seller provides additional guarantees. CIRCUMSTANCES WILL THE SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL,
Privileges of Return or Adjustment: Options PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY PROVISION OR OTHERWISE.
1. With the exception of any applicable transportation expenses described herein, a seller shall never be liable to a buyer for an
amount greater than the original selling price of any animal sold under these Sales Terms and Conditions.
Suggested Terms & Condition, American Angus Association, revised September 13, 2017
4 Frey Angus Ranch Production Sale