SALE TERMS & CONDITIONS

The sale is governed by Texas law. The terms and guarantees listed on this page shall constitute a contract between the buyer and the seller of each animal sold. Announcements from the auction box will take precedence over the printed matter in this catalog and all other announcements made online or otherwise.

BIDDING

Each animal on which there are two or more bids will be sold to the highest bidder. The auctioneer in charge will settle any disputes as to bids and his decision on such matters will be final. Prospective buyers must register in person at the sale office or online with Premier Livestock Auctions to receive a buyer number and other important information.

PAYMENT AND TRANSFER

All sales are final and payment is due immediately following the sale, upon receipt. All purchases will be settled for in U.S. funds by cash, check, or bank wire due upon receipt and before the animal leaves England Cattle Co. Buyer’s account must be paid in full before the animal leaves ECC. Unpaid accounts are billed 14% interest, beginning 14 days after the sale. Upon receipt of payment, ECC will transfer registration papers to the buyer. If full payment is not received within 14 days, then upon written or electronic notice to buyer, ECC shall retain ownership of animal with full property rights, including the ability to sell the animal to another buyer.

LIABILITIES

All persons who attend the sale do so at their own risk and England Cattle Co. and sale manager assume no liability, legal or otherwise, for any accident that may occur. Ownership of the animal transfers at the time of sale and buyer bears the risk of injury, disease or death. ECC or sale management accepts no liability for the animals after they are sold.

BREEDER’S GUARANTEE

Every animal in this sale is, to the best of the breeder’s knowledge, free from any disease and are all sound. Bred females will be considered breeders without further guarantee. Buyer has 30 days from the date of the sale to have an accredited veterinarian check pregnancy status of bred females. Open or exposed females will be guaranteed by the seller to be a breeder. This, however, is not a lifetime insurance policy. This guarantee does not include injury, death, management, or feed or nutrition issues. Breeding guarantee is voided if any of the following occur: injury, death, disease, natural disaster, gross negligence or misconduct, heifers not in suitable body condition to breed, or virgin heifers flushed or IVF’d prior to having a natural calf. Should a breeding concern arise, buyer is responsible to report the concern to England Cattle Co. If an animal fails to breed, it may be returned to ECC in good condition. ECC reserves the right to try said animal for six months, and if it proves to be a breeder, return it at the buyer’s expense. If the animal proves to be a non-breeder, an animal of comparable rank or credit toward the purchase of another animal will be offered. No cash refunds will be given.

TRANSPORTATION

All necessary health papers will be furnished in order for the cattle to be shipped anywhere. Buyer’s should make themselves aware of health requirements for their respective states. It is the responsibility of the buyer to make all shipping and transportation arrangements. All cattle must be picked up from England Cattle Co. (ECC) within 30 days of the sale. Any cattle left at ECC after 30 days will be subject to a daily feeding and management charge of $15 per day, unless prior arrangement have been made. Cattle purchased within a 150 mile radius of Mercedes, Texas will be delivered at no charge. Transportation services will be offered the day of the sale. We greatly appreciate our generous bidders and buyers. Contact sale management to discuss further shipping arrangements.

LOT-SPECIFIC TERMS

Lot 1: ECC and K-K reserve the right to register calves out of embryos produced prior to the sale.

Lots 2-15: ECC reserves the right to one (1) flush or the split of two (2) flushes, minimum of six (6) embryos, on all heifers in the sale.

Lot 16: Vogue will be available for aspiration 30 days after calving and up to 180 days after the sale. Expected calving date: July 2023. Selling one (1) aspiration with a guarantee of six (6) transferable embryos and one (1) 60-day pregnancy if implanted by a certified embryo technician. Work is to be completed at a reputable embryo transfer facility, mutually agreed upon between buyer and seller. Buyer is responsible for all associated aspiration costs, including but not limited to, hauling to the facility, medications, feed and boarding, if necessary.

Lots 17 & 18: Purchase price = 3x the bid. Selling a package of three (3) embryos with a guarantee of one (1) 60-day pregnancy if implanted by a certified embryo technician. If no pregnancy is achieved from the first three (3) embryos, an additional embryo will be given.

Lot 19: ECC will retain half (1/2) interest. Buyer will be purchasing half (1/2) interest (50% ownership and 50% possession). Semen collected will be split 50/50, and all associated collection fees will be split 50/50 as well. Buyer will have the first opportunity to use the bull if they so choose. Bull will be registered as multiple-owned between both parties.

Lots 20 & 21: Purchase price = 5x the bid. All semen sales are for in-herd AI and ET use, only. Semen sales are non-refundable and non-transferable. Upon calving, ECC will provide buyers with a maximum of five (5) certificates. Additional certificates may be purchased for $100 per certificate. Semen is stored at Brushy Creek Custom Sires. Semen will be released to buyer upon receipt of payment. Buyer is responsible for arranging pickup/shipping from the storage facility.

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