ALBUM Wagstaff

Sale Terms & Conditions

Terms: The terms of this sale are cash or cheque payable at par at sale location unless satisfactory credit arrangements have been made previous to the sale. The right of property shall not pass until after settlement is made. All settlements must be made with the clerks of the sale before any cattle will be released.

Bid: Every animal consigned to the sale must be sold by auction. No private sales will be allowed except as otherwise provided for in the terms and conditions. No by-bidding will be permitted. Each animal will be sold to the highest bidder.

Disputes: In some cases of disputes, bidding will be reopened between the parties involved. If no further bid is made the buyer will be the person from whom the auctioneer accepted the last bid. The auctioneers decision in such matters will be final.

Purchaser’s Risk: Each animal becomes the risk of the purchaser as soon as sold. Animals will be cared for at the purchaser’s risk for a reasonable length of time.

Announcements: Announcements from the auction block will take precedence over the printed matter in the catalogue. Bidders are therefore cautioned to pay attention to any such announcements.

Certificate of Registry: The proper Registration or Recordation paper, as the case may be, will be duly transferred and furnished to the buyer for each animal after the settlement has been made.

Breeder’s Guarantee - Bulls: Should any bull fourteen (14) months of age or over, fail to prove a breeder after being used on cows known to be breeders, the matter shall be reported in writing to the seller within six (6) months following the date of purchase or six (6) months after the bull has reached fourteen (14) months of age. The seller will then have the right and privilege of six (6) months to prove the bull a breeder. No guarantee is given that the semen collected from the bull will be suitable for artificial insemination. Heifers: All have been palpated and guaranteed open and in good health by a local veterinarian.

Should any bull fail to be a satisfactory breeder, he will be replaced with a bull of equal value and performance level. Should this not be possible, a credit toward the purchase of another bull will be awarded. All warranty and responsibility is limited to replacement of the bull in question and is acknowledged by the buyer as a condition of sale.

Exception to Guarantee: In cases where the animal is subject to any hormonal or surgical reproduction techniques after the sale, the guarantee shall be null and void.

Bull Semen Retention: All consignors reserve the right to collect semen on any bull sold for in herd use. This semen will be collected at the buyer’s convenience and at the seller’s expense.

Settlement: Transportation charges on animals returned to the seller for account of the purchaser. No incidental expenses such as feed, AI, signing fees, interest, veterinary charges, etc. will be charged by either party when making settlement. If the seller is successful in proving the animal a breeder, then said animal will be reclaimed by the purchaser at his expense. Should the seller fail to so prove the animal is a breeder, then the buyer is guaranteed a satisfactory replacement, F.O.B. the ranch or the refund of the actual price. In no event shall the seller be responsible for more than the purchase price. Should a dispute over the quality of a replacement animal, the Sales Management will appoint a mediator.

Accidents: Although every precaution will be taken to protect the safety and comfort of buyers, neither the Sales Management, Auctioneer, or Sellers assume any responsibility in this manner and disclaims any liability legal or otherwise in the event of the accident or loss of property.

Rights and Obligations: The above terms and conditions shall constitute a contract between the buyer and the seller and equally binding to both. Resale of animals following purchase in this sale shall constitute a separate transaction the rights and obligations of the two parties connected thereto are not covered by the terms and conditions of this sale.