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ALL ANIMALS OFFERED ARE SUBJECT TO PRIOR SALE AND PRICE CHANGES. EXCEPT FOR THOSE STATED IN
THE BELOW TERMS AND CONDITIONS, THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CATTLE BEING SOLD
IN THIS OFFERING. THE WARRANTIES AND GUARANTEES SET FORTH IN THESE “TERMS AND CONDITIONS”
ARE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, AND THE REMEDIES PROVIDED
THEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER, OR ANY PARTY CLAIMING THROUGH
BUYER, FOR ANY BREACH OF WARRANTY OR GUARANTEE THEREIN PROVIDED, AND ALL OTHER OBLIGA-
TIONS OR LIABILITIES.

SALE TERMS AND CONDITIONS
TERMS: Terms of sale are cash unless satisfactory credit arrangements have 3. If a female sold as “safe in calf” proves not to be in calf, the Purchaser may
been made with the Seller prior to the sale. receive service from the bull previously used, if available, or if the bull is not
PURCHASER’S RISK: Each animal becomes the risk of the Purchaser as available, the Seller shall be obligated to make a satisfactory adjustment on the
soon as sold. It shall be the obligation of the Seller to see that animals are fed purchase price upon return of the animal to the farm of the Seller. Any adjust-
and cared for, free of charge to Purchaser, until loaded for shipment. ment provided for herein shall absolve the Seller from further liability, except
CERTIFICATE OF REGISTRY: A transferred certificate of registry will be in case such female proves to be a non-breeder. If a female represented as “safe
furnished to the Buyer for each animal unless said animal is unregistered as in calf” at time of sale to a certain bull proves to have been bred to a different
denoted in the catalog. bull, the Seller shall be obligated to make a satisfactory adjustment on the
HEALTH: All animals are eligible for interstate shipment; except as otherwise purchase price upon return of the animal to the farm of the Seller (adjustments
announced. Interstate health papers will be furnished for each animal requiring shall not be considered to be a breeding fee or an allocation of the purchase
T.B., Bang’s, and other health testing in accordance with State and Federal price to any unborn calf). Any expenses incurred for transportation shall be the
Regulations. responsibility of the Purchaser, except that the Seller shall be responsible for
ARTIFICIAL INSEMINATION SERVICE CERTIFICATES transportation costs in excess of the distance between the Purchaser’s farm and
A.I. Service Certificates shall be furnished by the Seller, at no cost to the Buy- the location where the sale took place.
er, for all females sold in the sale that are bred artificially to bulls not owned 4. If a female sold as “served” proves not to be in calf, or if a female sold as
by the Seller. “pasture-bred” proves not to be in calf, the Seller only guarantees such female
ANNOUNCEMENTS: Changes of information, of any kind, in this catalog to be a breeder.
will be announced from the auction block. Such announcements shall take 5. If a female sold as “open” proves to be with calf, the Purchaser may return
precedence. the animal to the farm of the Seller prior to calving for a credit of the full pur-
BREEDING GUARANTEE chase price or for another animal of equal value, whichever is acceptable to the
1. All animals are guaranteed breeders, with the exception of: a) calves under Purchaser. It shall be the obligation of the Seller to bear any expense incurred
twelve months of age; b) animals shown by Purchaser after sale (in cases of for transportation.
animals shown after purchase, the breeding guarantee, if any, shall be such GENETIC DEFECT AND PARENTAGE GUARANTEE
as agreed upon between Seller and Buyer; or c) gross negligence or willful 1. All animals are guaranteed not to produce a calf with the following defects:
misconduct on the part of the Purchaser. Dwarfism, Double-muscling, Parrot Mouth, Osteopetrosis (marble bone dis-
2. Bulls are guaranteed breeders if not allowed to run with the herd until at ease), and Syndactylism (mule foot), and Arthrogryposis Multiplex (curly calf).
least 14 months of age. Any bull which either: 1) settles 1/3 or more of the The parentage of all animals bred by the Seller is guaranteed to the extent that
healthy cows he serves; 2) is the sire of 20 or more animals; or 3) settles cows the animal is by the Sire and out of the Dam indicated on its registration paper.
by natural service and passes a fertility test made by a competent veterinarian These guarantees are effective for a period of two years from date of sale only
during any 6 month period of trial (provided for in paragraph 2 of the section under the following conditions.
of these sale terms and conditions entitled “Options and Privileges of Return or a) The Buyer shall notify the Seller in writing immediately upon the birth of a
Adjustment”) shall be considered a breeder. calf suspected of being defective or immediately after determination is made
Any guarantees with respect to the ability to freeze semen shall be by separate that such calf is defective, or if parentage is suspected or found to be in error.
agreement between Buyer and Seller. b) The Seller, at his expense shall be permitted and provided, with reasonable
“Safe in Calf” Females have been examined by a competent veterinarian and opportunity, to obtain blood samples of an alleged defective calf and its sire
are so guaranteed. and dam for the purpose of blood type/DNA analysis to establish parenthood.
Pasture-bred Females have been exposed, but are not guaranteed to be in calf. In the case of suspect parentage, the Buyer at his expense, shall be permitted
Serviced females are believed to be in calf but are not so guaranteed. and provided, with reasonable opportunity, to obtain blood samples of the
Open females have not been served and are so guaranteed. animal in question and its sire and dam for the purpose of blood type/DNA
IDENTIFICATION: Seller offers each animal with a readable tattoo corre- analysis to establish parenthood. If sire or dam, as indicated on the animal’s
sponding to its catalog designation and registration when applicable. registration paper, is proven to be in error by such analysis, the Seller shall
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT reimburse Buyer for cost of such analysis.
1. All claims for adjustment or refund must be made in writing either within c) The animals will be returned by the Buyer to the Seller at the Buyer’s ex-
six months of the sale date or no later than six months after the animal reaches pense; provided the animal meets the health requirements for the Seller’s state.
18 months of age, with the exception of claims involving defects or parentage. d) The replacement of an animal with another of equal value or the refund of
2. In the event an animal is claimed to be a non-breeder, the animal may be the purchase price, in connection with a defect producing animal or an animal
returned to the farm of the Seller, if in good condition and in compliance with whose parentage is in error, shall be deemed full satisfaction and settlement.
the health requirements of the Seller’s state. The Seller shall be entitled to 2. In the event there is a dispute as to whether or not a calf is defective, or
six months trial following the return of the animal in which to prove that the parentage is in error, “determination” referred to in Paragraph 1a above shall
animal is a breeder. If at the end of six months the Seller is unable to prove be made by a person or persons acceptable to both the Buyer and Seller. In the
the animal is a breeder, the Seller shall, at the option of the Buyer, replace the event that Buyer and Seller cannot agree on the selection of such person or per-
animal with another of equal value or grant the Buyer a credit for use on any sons, then each of them shall appoint a representative to make the determina-
products marketed by the Seller. Such credit of the full purchase price shall, in tion. In the event that such representatives fail to agree, a third person selected
any case, be deemed full satisfaction and settlement. Any expense incurred for by the representatives of the Buyer and Seller shall make the determination.
transporting an animal claimed to be a non-breeder shall be the responsibility RIGHTS AND OBLIGATIONS
of the Purchaser, except that the Seller shall be responsible for transportation The above terms and conditions of sale shall constitute a contract between the
costs in excess of the distance between the Purchaser’s farm and the location Buyer and Seller of each animal and shall be equally binding upon both. Each
where the sale took place. If the Seller proves the animal to be a breeder, it sale or resale of an animal constitutes a separate transaction.
shall be the obligation of the Purchaser to take delivery of the animal and pay Neither the sale manager, nor any other person connected with the management
all expenses incurred for transportation. of the sale, assumes any liability, legal or otherwise.

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