AGA Sale Terms - Information from Flying H Genetics

AGA SALE TERMS AND-CONDITIONS

TERMS: Terms of sale are cash unless satisfactory credit arrangements have been made by the seller previous to the sale of any animal so affected.

BIDDING: All animals sell to the highest bidder. Any disputes or challenges regarding bids shall be settled by the auctioneer and his decision shall be final. Mailed or telephoned bids may be forwarded to the sale manager and will be handled with strictest confidence. Prior arrangements for telephone bids at sale time must be made with sales management or the auctioneer.

There are no warranties, expressed or implied, by either the auctioneer or seller, except as set forth herein, as to the merchantability or fitness for any particular purpose of any animal offered in this sale. The right to bid or the right to reject the final bid, if done before the hammer falls, is reserved for the seller.

INSURANCE OF PURCHASE AND RISK: All animals are at the owner's risk and become the property of the purchaser when declared sold by the auctioneer. Arrangements have been made to have insurance available when making settlement.

ACCIDENTS: All precautions possible will be taken to protect the safety of the buyers and others attending the sale. Nevertheless, no responsibility will be assumed by the auctioneer, sale manager or the host farm in the event of accidents or loss or damage of property.

HEALTH TESTS: All animals have been tested and found negative for brucellosis and tuberculosis. The sale Veterinarian will assist buyers on health status for specific states and testing for anaplasmosis and blue tongue if this is required for export to Canada.

Breeding Guarantees and Definitions

FEMALES: Females are guaranteed to be breeders, with the exception of female calves sold at side of dam, injury or disease occurring to the animal after time of sale, gross negligence or willful misconduct on the part of the purchaser, females used in ovum transplant after time of sale, females shown competitively after time of sale, and cows sold with calf at side.

Cows represented as being "safe in calf" will have been examined by a licensed veterinarian and are so guaranteed. They are considered breeders without further guarantee. Females with a "due to calve" date in the remarks column are considered safe in calf. A bred female is a female known to have been served by a bun either by natural breeding or artificial insemination, but it does not necessarily mean that the female is safe in calf to that service. A pasture bred female is a female that has been exposed for the time stated, but it does not necessarily mean that this female is safe in calf to that bull. An open heifer is a virgin heifer that has never been exposed to a bun either through natural service or artificial insemination. An open cow is a cow that has not been exposed to a bull either through natural service or artificial insemination since the birth of her last calf. Calves sold off their dams (split pairs) shall carry the full breeding guarantee.

MALES: Bulls are guaranteed to be breeders (defined as the ability to settle healthy cows by the time they are 18 months of age) with the exception of bull calves sold at the side of dam, injury or disease occurring to the animal after time of sale and gross negligence or willful misconduct on the part of the purchaser. Any guarantee with respect to the ability to freeze semen shall be made by separate agreement between the buyer and seller.

ADJUSTMENTS: The following adjustments do not preclude the right of the buyer and seller to mutually agree upon other terms and conditions for settlement of any dispute.

All Claims for adjustment or refund must be made in writing either within six (6) months from the date of sale or no later than six (6) months after the animal reaches eighteen months of age, whichever occurs first, with the exception or claims involving misrepresentation of service sire or as otherwise provided herein. If a females is sold as "safe in calf" to a given sire or sires on a specified date or dates and proves not to be as represented, the buyer is entitled to a refund of the purchase price from the seller upon return of the animal to the farm of the seller, at the seller's expense. In the event an animal is claimed to be a non-breeder, the animal may be returned to the farm of the seller, at the buyer's expense, if in good physical condition and the return is in compliance with the health requirements of the state where purchased. The seller shall be entitled a six (6) month trial period in which to prove that the animal is a breeder, the seller shall, at his option, replace the animal with another of equal value or refund the purchase price. Either option shall be deemed full satisfaction and settlement. Any animal resumed will be at the purchaser's risk. No guarantee is given concerning a pregnant female's gestation period or calf's condition. The seller is not responsible for damage caused by foreign bodies after the animal has been sold nor for sickness not apparent at sale time.

If a female is sold as "open" and proves to be with calf at time of sale and examined pregnant within sixty (60) days after the sale, the buyer may return the animal to the farm of the seller prior to calving for a refund of the full purchase price or for another mutually acceptable adjustment. It shall be the obligation of the seller to bear all expenses incurred for transportation of the animal in question to the farm of the seller.

Any adjustment provided herein, if selected, shall absolve the seller from further liability.

Horned-Polled-Scurred Definitions and Guarantees

HORNED: An animal with a horn growth affixed to the skull that has or has not been removed.
POLLED/SCURRED: An animal with rudimentary horn growth that will not develop into a hoary. The rudimentary horn growth may or may not become affixed to the skull at an older age.
POLLED: An animal with absence of horn growth. (An animal can have scurs and still be genetically polled).
SMOOTH-POLLED: A smooth-polled individual has no scars and does not develop scurs later in life.

AGA REGISTRATIONS AND TRANSFERS: Each animal which is cataloged, offered and sold as a registered animal has a certificate of registry available at time of sale. When an animal is sold as "eligible for registry" or "registry applied for," the seller shall be responsible for obtaining the certificate of registry and for the proper transfer of the certificate to the purchaser including full payment of transfer fees.

PURCHASER'S RISK: Each animal becomes the property of and therefore is also the risk of the purchaser as soon as it is sold, except it shall be the obligation of the seller to see that the animals are fed and cared for free of charge to the buyer until loaded for shipment or until the expiration of forty-eight (48) hours after the sale, which ever occurs first.

ANNOUNCEMENTS: Any errors or changes in information contained in the catalog will be announced from the auction block. Such announcements shall take precedence over information contained herein. The sale will be tape recorded for further reference.

RIGHTS AND OBLIGATIONS: The above terms and conditions of sale constitute a contract between the buyer and seller of each animal and shall be equally binding on both. Animals resold following purchase in this sale shall constitute a separate transaction and the rights and obligations of the parties connected thereto are not covered by the above terms and conditions of this sale. Neither the host farm, auctioneers, nor any other parties connected with the management or conduct of this sale assumes any liability, legal or otherwise, except as set forth above.