TERMS & CONDITIONS

BIDDING: Each animal will be sold to the highest bidder. The auctioneer will settle any disputes as to bids, and his decision on such matters shall be final.

TERMS: Each animal becomes the risk of the purchaser as soon as sold, but it shall be the obligation of the seller to see that the animals are fed and cared for until loaded for shipment. The cost of shipment of the animal(s) will be shared equally between the buyer and seller and both buyer and seller will work to determine the most efficient transportation of the animal(s). The domestic shipment of embryos and semen will be treated the same as live animals with regards to cost. All cost of international shipments including, but not limited to, actual shipping and all paperwork required will be the sole responsibility of the buyer.

SIGHT UNSEEN PURCHASES: Buyers may purchase cattle by contacting one of the people listed in the catalog as sale day contacts.

CERTIFICATE OF REGISTRY: Once proper settlement has been made, a transferred certificate of registry will be furnished to the purchaser of each live lot at the expense of the seller. Registration of offspring resulting from embryos, flushes or semen will be the responsibility of the buyer.

HEALTH: Interstate health papers suitable for interstate shipment will be furnished on all live animals.

ANNOUNCEMENTS: Any changes from the information in this catalog will be provided in a sale day supplement sheet or announced from the auction block and such information shall take precedence over cataloged information.

BREEDING GUARANTEE: All animals are guaranteed breeders with the exception of: animals shown by purchaser after the sale in which the breeding guarantee (if any) shall be agreed upon between the seller and the buyer; injury or disease occurring after sale; gross negligence or willful misconduct on the part of the purchaser; death by any reason. Safe-in-calf females have been examined by competent personnel and are so guaranteed. Exposed females have been exposed but are not guaranteed safe in calf. Open females have not been serviced and are so guaranteed. Donor females: a female is not guaranteed to be a breeder after date of sale when that female is to be used or attempted to be used in an embryo transfer program unless by separate agreement between the buyer and seller. Embryo transfer guarantee- even though it is possible some of the female lots have worked successfully in an embryo transfer program in the past, and should in the future, there is not guarantee or warranty on future embryo production of any lot. Flush records are available upon request.

EMBRYOS AND SEMEN: All semen and embryos have been collected and stored by professional personnel, however, there is no warranty or guarantee as to conception rate on either. Some but not all of the embryos in this sale are eligible for international shipment. Please check with sale personnel or sellers as to the exact lots that will be eligible and to the countries they are eligible to ship.

OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT:All claims for adjustment or refund must be made in writing either within six months of the sale date or no later than six months after the animal reached 18 months of age. In the event an animal is claimed to be a non-breeder, the animal may be returned to the farm of the seller if in good condition and complying with the health requirements of the seller’s state. The seller shall be entitled to a six-month trial following the return of the animal in which to prove that the animal is a breeder. If at the end of six months the seller is unable to prove the animal is a breeder, the seller shall, at the option of the buyer, replace the animal with another animal of equal value or issue a credit for the initial selling price. If the seller proves the animal to be a breeder it shall be the obligation of the purchaser to take delivery of the animal and pay all expenses incurred for transportation. Any request for returns for adjustments due to disposition will be handled at the sole discretion of the seller. Notification of potential problems must be received in writing within one month of delivery date. Pregnancy exams have been conducted to the best of our ability. Cattle palpated safe are so guaranteed. The identity of the service sire represents our best estimate of conception date. In the case of AI and/or exposure to successive service sires, the identity of the service sire is not guaranteed. If a female sold as “safe-in-calf” proves not be in calf, the purchaser will receive service from the bull previously used, if available, or if the bull is not available, the seller shall be obligated to make satisfactory adjustment on the purchase price to the buyer, refund the purchase price or issue credit for the initial selling price upon return of the animal to the farm of the seller. Any adjustment provided for herein shall absolve the seller of any further liability except in the case such female proves to be a non-breeder. If a female sold as “open” proves to be in calf, the purchaser may return the animal to the farm of the seller prior to calving for a refund of the full purchase price or for another animal of equal value or be issued a credit for the initial selling price. Cows with calves at side and bred cows are presumed to be breeders with no further fertility guarantee. If an animal sold, at a later date, proves not to be eligible for registration under the association rules, the seller shall be obligated to make satisfactory adjustment on the purchase price, refund the purchase price or issue a credit for the initial selling price upon the return of the animal to the farm of the seller. If an animal is sold and through blood typing or DNA is proven to have incorrect parentage as represented by the certificate of registration, and for which parentage can be determined, the seller shall be obligated to make a satisfactory adjustment on the purchase price to the buyer, refund the purchase price or issue a credit for the initial selling price on the return of the animal to the farm of the seller.

RIGHTS AND OBLIGATIONS: The above terms and conditions of the sale shall constitute a contract between the buyer and seller of each animal and shall be equally binding upon both. Other than the guarantees and warranties stated above no other warranties or guarantees are expressed or implied. Each sale or resale of an animal constitutes a separate transaction. Neither the seller, the sale management, nor any other person connected with management of the sale assumes liability, legal or otherwise.