RECOMMENDED TERMS AND CONDITIONS OF THE AMERICAN HIGHLAND CATTLE ASSOCIATION**
FOR THOSE STATED IN THE BELOW TERMS AND CONDITIONS, THERE ARE NO WARRANTIES,
EITHER EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THE CATTLE BEING SOLD.
WARRANTIES AND GUARANTEES SET FORTH IN THE "TERMS AND CONDITIONS" ARE
IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, AND REMEDIES
PROVIDED THEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER, OR ANY
PARTY CLAIMING THROUGH THE BUYER, FOR ANY BREACH OF WARRANTY OR GUARANTEE
THEREIN PROVIDED, AND ALL OTHER OBLIGATIONS OR LIABILITIES.
TERMS: Terms of the sale are cash or
check payable immediately upon the conclusion of the sale and before the animals
will be moved.
BIDDING: All animals sell to the
highest bidder. Any disputes or challenges regarding bids will be settled by
the auctioneer and his decision will be final.
PURCHASER’S RISK: 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 free of
charge to the purchaser, until loaded for shipment or until the expiration of
48 hours after the sale, whichever occurs sooner.
REGISTRATION: A transferred
certificate of registry will be furnished to the purchaser for each animal
within 60 days following the sale.
HEALTH: All animals are eligible for
interstate shipment; except as otherwise announced.
ANNOUNCEMENTS: Any changes of any kind
in this catalog will be announced from the auction box and such announcements
shall take precedence.
animals are guaranteed to be breeders, with the exception of: A) Calves under
12 months of age; B) Animals shown by purchaser after the sale (in cases of
animals shown after purchase the breeding guarantees, if any, shall be such as
agreed upon between the seller and the buyer); C) Injury or disease occurring
after the sale; D) Gross negligence or willful misconduct on the part of the
are guaranteed breeders if not allowed to run with the herd until at least 14
months of age. Any bull which settles cows by natural service and passes a
breeding soundness exam according to the guidelines of the Society of
Veterinary Theriogenologists, made by competent veterinarians, mutually agreed
upon by buyer and seller, during any 6 month period of trial (provided for in
paragraph 2 of "Options and Privileges of Return and Adjustment")
shall be considered a breeder. Any guarantees with respect to the ability to
freeze semen shall be by separate agreement between buyer and seller.
"Pregnant" females have been examined by a competent veterinarian and
are so guaranteed.
"Served" females are not guaranteed to be in calf.
"Pasture exposed" females have been exposed but are not guaranteed to
be in calf.
"Open" females have not been served and are so guaranteed.
Females: A female which has been used in an embryo transfer program is not
guaranteed to be a breeder after the date of sale unless by separate agreement
between buyer and seller.
animals sold as breeding animals are guaranteed not to be free-martins.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT
claims for adjustment or refund must be made in writing either within 6 months
of the sale date or no later than 6 months after the animal reaches 20 months
of age, with the exception of claims involving misrepresentation of service
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
requirement of the seller’s state. The seller shall be entitled to 6 months
trial following the return of the animal in which to prove that the animal is a
breeder. If at the end of 6 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 of equal value or refund the full purchase price. The return of
full purchase price shall in any case be deemed full satisfaction and
settlement. Any expense incurred for transporting an animal claimed to be a
non-breeder shall be the responsibility of the purchaser, except the seller
shall be responsible for transportation costs in excess of the distance between
the purchaser's farm and the location where the sale took place. 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
3. If a
female sold as "pregnant" proves not to be in calf, the purchaser may
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 or, at the buyer’s option, refund
the full purchase price upon return of the animal to the farm of the
seller. If a female is represented as "pregnant" at the time of sale
to a certain bull proves to have been bred to
a different bull, the seller shall be obligated to make a
satisfactory adjustment to the purchase price, or at the buyer’s option, refund
the full purchase price upon the return of the animal to the farm of the
seller. Any expense incurred for the transportation shall be the responsibility
of the purchaser, except the seller shall be responsible for transportation
costs in excess of the distance between the purchaser’s farm and the location
where the sale took place.
4. If a
female sold as "open" proves to be with 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, whichever is
acceptable to the purchaser. It shall be the obligation of the seller to bear
any expense incurred for transportation.
5. Cows with
calves at side are presumed to be breeders with no further fertility guarantee.
controversy or claim arising out of or related to this contract, or the breach
thereof, shall be settled by arbitration administered by the American
Arbitration Association under its commercial arbitration rules, and judgment on
the award rendered by the arbitrator(s) may be entered in any court having
animal, through blood typing and/or DNA typing, is determined to have ancestry
other than that reported on the registration certificate, the buyer shall be
entitled to a refund of the full purchase price from the seller upon return of
the animal to the farm of the seller at the buyer's expense. The animal in question,
at the buyer's option, may be exchanged for another animal of equal value, or
if agreeable with the buyer, the seller may have the certificate of registry
corrected at the seller's expense with the corrected certificate returned to
the buyer. Any adjustment provided herein, if selected, shall absolve the
seller from further liability for authenticity of pedigree to the buyer.
THE SELLER SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE LIABILITY OF SELLER
FOR A BREACH OF WARRANTY HEREUNDER IS LIMITED TO THE REMEDIES SET FORTH ABOVE.
above terms and conditions of sale shall constitute a contract between the
buyer and seller of each animal and shall be binding on both. Each sale or
resale of an animal constitutes a separate transaction.
the owners, sponsoring associations, auctioneers nor any other persons
connected with the management or conduct of this sale assumes any liability,
legal or otherwise.
ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE VOID WHERE PROHIBITED BY LAW.
** For voluntary
consideration and use by buyers/sellers in their independent business judgment.