Page 27 - Grassy Meadow Ranch 5th Annual Red Angus Bull Sale – Jan. 9, 2021

TERMS & CONDITIONS
TERMS & CONDITIONS

NOTICE – These sale terms and conditions have been prepared by the Red Angus Association of the distance between the Buyer’s farm/ranch and the location where the sale took place. If the
America as a service to its members. However, the Red Angus Association of America makes no Seller proves the animal to be a breeder, it shall be the obligation of the Buyer to take delivery
representation regarding the legal suffi ciency of these sale terms and conditions for any particular of the animal and pay all expenses incurred for transportation.
sale.
c. If a female sold as “safe in calf” proves not to be in-calf, the Buyer may receive service from
Except for those stated in the terms and conditions below, there are no warranties, either expressed the bull previously used. If the bull is not available, the Seller shall be obligated to make a
or implied, as to the merchantability or fi tness for a particular purpose with respect to the cattle be- satisfactory adjustment on the purchase price upon return of the animal to the farm/ranch of
ing sold at this auction. The warranties and guarantees set forth in the “Terms and Conditions” are the Seller. Any adjustment provided for herein shall absolve the Seller from further liability,
in lieu of all other warranties, either expressed or implied, and the remedies provided therein shall except in case such female proves to be a non-breeder. If a female represented as “safe in
be the sole and exclusive remedy for the Buyer, or any party claiming through Buyer, for any breach calf” at time of sale to a certain bull proves to have been bred to a different bull, the Seller
of warranty or guarantee therein provided, and all other obligations or liabilities. shall be obligated to make a satisfactory adjustment on the purchase price upon return of the
animal to the farm of the Seller (adjustments shall not be considered to be a breeding fee or
All cattle in this sale are offered according to the laws of the State wherein the sale is conducted. an allocation of the purchase price to any unborn calf). Any expense incurred for transporta-
The right to bid, as provided under law, is reserved for all sellers unless otherwise announced. tion shall be the responsibility of the Buyer, except that the Seller shall be responsible for
1. BIDDING transportation costs in excess of the distance between the Buyer’s farm/ranch and the location
The Auctioneer in charge will settle any disputes as to bids, and his decision on such matters shall where the sale took place.
be fi nal. d. If a female sold as “served” proves not to be in calf, or if a female sold as “pasture-bred”
2. TERMS proves not to be in calf, the Seller only guarantees such female to be a breeder.
Terms of sale are cash unless satisfactory credit arrangements have been made with Sale Manage-
ment prior to sale. e. If a female sold as “open” proves to be with calf, the Buyer may return the animal to the
3. PURCHASER’S RISK farm/ranch of the Seller prior to calving for a refund of the full purchase price or for replace-
Each animal becomes the risk of the Buyer as soon as sold, but it shall be the obligation of the ment with another animal of equal value, whichever is acceptable to the Buyer. It shall be the
Seller to see that animals are fed and cared for free of charge to Buyer, until loaded for shipment or obligation of the Seller to bear any expense incurred for transportation.
until the expiration of 48 hours after the sale, whichever occurs sooner. 11. DEFAULT
4. CERTIFICATE OF REGISTRY In the event the Buyer defaults on payment, the Buyer shall be responsible for all costs, including
A transferred certifi cate of registry will be furnished to the Buyer for each animal. attorney’s costs, incurred by Sale Management or Seller in connection with collecting, or attempting
5. HEALTH to collect, payment due.
All animals are eligible for interstate shipment, except as otherwise announced. Interstate health 12. GENETIC DEFECT AND PARENTAGE GUARANTEE
papers will be furnished for each animal requiring tuberculosis and brucellosis tests in accordance a. The parentage of all animals sold by the Seller is guaranteed to the extent that the animal is
with Federal Regulations. by the sire and out of the dam that is indicated on its registration papers.
6. NON-OWNED SERVICE SIRE
If a female is bred to a non-owned bull, at the time of natural service exposure, a lease agreement All test results confi rming an animal’s genetic defect status must be disclosed to potential
will be required for registration of the resulting calf. The exceptions to this rule are: buyers prior to that animal’s sale.
• If the bull was owned by a member of the family or an employee of the recorded owner of the
dam. All cattle have met the RAAA requirements for registration as pertaining to genetic defects. In
• If the cow was bought bred from the recorded owner of the service bull. particular, animals containing a known genetic defect carrier in their two generation pedigree
(parent or grandparent) without an intervening tested free animal have been tested for said
7. ANNOUNCEMENTS genetic defect.
Any changes from information of any kind in this catalog will be announced from the auction box
and such announcements shall take precedence. Frozen Semen: Seller guarantees that, unless otherwise stated, the respective RAAA regis-
8. BREEDING GUARANTEE tered sire(s) represented in any frozen semen offered in this sale has met RAAA requirements
a. All animals are guaranteed by the Seller to be breeders, with the exception of: as stated in the rules and regulations for an AI/ET sire as known at the time of this sale, to
1. Calves less than 12 months of age. produce offspring eligible for registration in the RAAA. (Add 1-12)
2. Animals shown by purchaser after sale. The breeding guarantees, if any, shall be such
as agreed upon between Seller and Buyer. Frozen Embryos: Seller guarantees that, unless otherwise stated, the parents of any frozen
3. Gross negligence or willful misconduct on the part of Buyer. embryo(s) offered in this sale have met the requirements for ET parents as stated in the RAAA
rules and regulations as known at the time of this sale, so that any live calves resulting from
b. Bulls are guaranteed breeders if not allowed to run within the herd until at least 14 months of the sale of these embryos will be eligible for registration in the RAAA.
age. Any bull that either:
1. Settles one-third or more of the healthy cows he serves. b. Refund of the animal’s purchase price or replacement with an animal of equivalent value
2. Is the sire of 20 or more animals. will be considered satisfactory settlement in the case of incorrect parentage or genetic defect
3. Settles cows by natural service and passes a fertility test made by a competent veteri- information provided at the time of sale.
narian during any six-month period of trial (provided for in paragraph 10b of “Options
and Privileges of Return or Adjustment,” this section) shall be considered a breeder. In no event will Seller be liable for any special, incidental, indirect, consequential (including
Any guarantees with respect to the ability to freeze semen shall be by separate agree- without limitation; lost profi ts, lost value of progeny, embryos and/or semen, interruption of
ment between the Buyer and Seller. business), or punitive damages, even if Seller has been advised of the possibility of such loss
or damage.
c. Safe in Calf Females have been examined by a competent veterinarian and are so guaranteed.
d. Served Females are believed to be in calf but are not so guaranteed. i. The Buyer will notify the Seller in writing immediately upon suspicion or verifi cation
e. Pasture-bred Females have been exposed but are not guaranteed to be in calf. that parentage or supplied genetic defect information is in error.
f. Open Females have not been served and are so guaranteed. ii. In cases of a returned animal: all expenses related to returning the animal to the
Seller will be incurred by the Buyer, and the animal being returned must meet health
9. IDENTIFICATION requirements of the Seller’s state.
Seller offers each animal with readable tattoos corresponding to its registration.
10. OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT 13. SELLER’S SEMEN RIGHTS
a. All claims for adjustment or refund must be made in writing either within six months of Any semen rights retained by the Seller must be announced from the auction box at the time of the
the sale date or not later than six months after the animal reaches 18 months of age, with the sale, if not already printed in the sale catalog.
exception of claims involving defects of parentage. 14. RIGHTS AND OBLIGATIONS
a. The above terms and conditions of sale shall constitute a contract between the Buyer
b. In the event an animal is claimed to be a non-breeder, the animal may be returned to the and Seller of each animal and shall be equally binding upon both. Each sale or resale of an
farm/ranch of the Seller if in good condition and complying with the health requirements of animal constitutes a separate transaction.
the Seller’s state. The Seller shall be entitled to six months trial following the return of the
animal in which to prove the animal is a breeder. If at the end of six months the Seller is b. Unless specifi cally stated herein, neither the Sale Management nor the Red Angus As-
unable to prove the animal is a breeder, the Seller, at the option of the Buyer, shall replace sociation of America shall have any liability for any event or occurrence related in any manner
the animal with another of equal value or refund the purchase price. The return of the full to this sale.
purchase price shall in any case be deemed full satisfaction and settlement. Any expenses
incurred for transporting an animal claimed to be a non-breeder shall be the responsibility of WEBSITE: RedAngus.org FAX Number: 888-829-6069 Member Services
the Buyer; except that the Seller shall be responsible for transportation cost in the excess of