BIDDING: Each animal will be sold to the highest bidder without reserve.

BIDDING DISPUTE: The Auctioneer in charge will settle any dispute as to bids, and his decision on such matters shall be final.

TERMS: Terms of the sale are cash due upon sale, unless prior credit arrangements for the sale have been agreed upon in writing between the Buyer and Seller, in which event, the terms of the written credit arrangement between the Buyer and Seller for the sale shall prevail. The failure of a member buyer to pay the appropriate party the sale amounts when due may constitute a cause for exclusion from BBU pursuant to Article I, section 9 of the By Laws of BBU.

PURCHASER’S RISK: Each animal becomes the risk of the purchaser as soon as the auctioneer declares it sold.

CERTIFICATE OF BREEDING AND/OR TRANSFERS: All required paperwork will be transferred to the buyer at the seller’s expense, upon settlement.

HEALTH: All animals will have appropriate certificates of veterinary inspection for travel to the sale site and will to the best of the seller’s knowledge be eligible for interstate shipment, however, buyers need to be aware of their individual resident state’s requirements for shipment of cattle. Any and all testing will have been completed within thirty (30) days of the sale date.

ANNOUNCEMENTS: If any changes in information of any kind are announced from the auction box, said announcements shall take precedence.

BREEDING GUARANTEES:

1) The seller guarantees that all animals are breeders, with the exception of : (a) calves under 12 months of age at the time of the sale; (b) animals shown after the sale has occurred (in such cases, the breeding guarantees, if any, will be those guarantees as are agreed upon between the seller and the buyer); (c) animals who suffer injury or disease following the sale; (d) animals administered any super ovulation drug or growth hormone after purchase; and, (e) animals subjected to negligence by or willful misconduct on the part of the buyer.

2) Females: (a) open females are so guaranteed; (b) any female is considered to be a breeder if she is certified to be pregnant by a licensed veterinarian at the time of sale and/or has a nursing calf at side; and, (c) safe in calf females have been examined by a veterinarian and so guaranteed.

3) Bulls eighteen (18) months or older are guaranteed by the seller to have passed a breeding soundness exam (BSE) and have been certified a satisfactory potential breeder by a licensed veterinarian within 60 days prior to the sale.

4) If within one-hundred twenty (120) days from the date of sale, the bull has failed to pass a BSE certified by a licensed veterinarian, buyer must send seller written notification of the failure of the test within one-hundred twenty (120) days from the date of sale and include the BSE test results. Within sixty (60) days after sellers notification of the failed BSE test, buyer and seller shall identify a mutually agreeable licensed veterinarian or technician certified by a licensed veterinarian to perform another BSE on the bull at the buyer’s expense. The results of the test shall be deemed final and conclusive of this matter and binding on buyer and seller. If, in the opinion of said veterinarian or technician, the bull is unable to pass a BSE and be confirmed a satisfactory potential breeder, he shall so certify in writing to the seller and the buyer which shall include the official from used by the Society of Theriogenology or the official BBU BSE form. In such event the buyer may return the bull to the farm of seller, provided the bull is in good condition and in compliance with the health requirements of the seller’s state, for a refund of the full purchase price. The acceptance of the refund of the full purchase price shall in any case be deemed full satisfaction and settlement of the matter. The seller and buyer shall bear equally all reasonable and necessary transportation expenses that are incurred in returning the animal to seller. Unless otherwise agreed by the buyer and the seller, the seller makes no guarantees with respect to the ability to freeze semen.

PRIVILEGES OF RETURN OR ADJUSTMENT OPTIONS:

1) With the exception of any applicable transportation expenses described herein, a seller shall never be liable to a buyer for an amount greater than the original selling price of any animal sold under these Sales Terms and Conditions.

2) Unless otherwise stated, all claims for adjustment or refund must be made in writing to the seller within 180 days following the sale of the animal in question.

3) If an animal is claimed to be a non-breeder, the animal may be returned to the seller if it is in a good condition and complies with the health requirements of the seller’s state. At the option of the buyer, the seller may issue a credit to the buyer for use in a future purchase or provide an animal of equal value subject to the approval of buyer. If the buyer exercises either such option, the claim shall be deemed fully and satisfactorily resolved. However, in the event that the buyer requests a refund of the purchase price, the seller may, at its option, either issue a refund of the full purchase price or, shall have 180 days from the date the animal is returned to the seller’s farm to conduct a trial to demonstrate the returned animal is a breeder. Refund of the full purchase price or demonstrated proof that the animal is a breeder during the test trial shall be deemed full satisfaction and settlement of the claim. Any expense incurred for transporting an animal claimed to be a non-breeder will be the responsibility of the buyer, except that the seller will be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where the sale took place. If the seller proves the animal to be a breeder, it will be the obligation of the buyer to take delivery of the animal and pay all transportation expenses.

4) If an animal is sold and subsequently becomes ineligible for registration under the rules of BBU for reasons other than incorrect parentage, the seller must make a satisfactory adjustment on the purchase price to the buyer, or at the option of the seller, refund the purchase price upon the return of the animal to the farm of the seller.

5) If an animal (including the offspring of a pregnant recipient) is sold and through parentage verification is proven to have incorrect parentage, as represented by the animal’s certificate of registration, and for which correct parentage can be determined, the seller is obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the seller’s option, refund the purchase price upon the return of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph must be made in writing to the seller on or before the first anniversary of the date of the sale.

6) Unless stated otherwise, all transportation expenses incurred will be the responsibility of the buyer, except that the seller will be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where the sale took place.

MISCELLANEOUS:

1) The above terms and conditions of sale constitute a contract between the buyer and the seller and are equally binding upon both parties. Each sale or resale of an animal constitutes a separate transaction.

2) Neither BBU nor any director, officer, employee or representative of BBU or any of its related entities shall be liable in any way with respect to a transaction conducted under these Sales Terms and Conditions; nor shall BBU, its directors, officers, employees or representatives be responsible in any way for enforcing the terms and conditions of any agreement between a buyer and a seller. Each buyer and seller agree to hold BBU, its directors, officers, employees, representatives and related entities harmless from all damages, expenses, claims, losses and other liabilities associated with a transaction conducted under these Suggested Sales Terms and Conditions.

3) No sponsor, sale manager, or other person connected with the management of a sale shall be liable in any way with respect to transactions conducted under these Sales Terms and Conditions.

4) These sale terms and conditions and all rights, obligations and duties arising hereunder and all disputes arising hereunder will be construed in accordance with, and governed by, the laws of the state in which the sale occurs, without giving effect to such state’s choice of law rules.

5) UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN AGREEMENT BETWEEN THE PARTIES RELATING TO THE SALE OR BEEFMASTER, BEEFMASTER ADVANCER, E6 OR UPGRADING CATTLE UNDER THESE SALE TERMS AND CONDITIONS, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE IS KNOWN TO THE PARTIES. THE REMEDIES PROVIDED IN THESE SALE TERMS AND CONDITIONS ARE THE EXCLUSIVE REMEDIES OF THE BUYER, OR ANY PARTY CLAIMING THROUGH THE BUYER, AND UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY PROVISION OR OTHERWISE.

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