Bidding
- Each animal will be sold to the highest bidder without reservation. The auctioneer will settle any disputes as to bidding. His/her decision on such matters will be final.
Terms
- Terms of sale are cash unless credit arrangements are made between buyer and seller prior to sale.
Identification
- It shall be the obligation of the seller to determine that each animal offered for sale carries a legible tattoo corresponding to its registration certificate.
- It is the responsibility of the buyer to check tattoos for accuracy.
- The official registered name, accompanied by the registration number, and level of registry for Appendix animals, shall be given for each animal.
- It shall be the obligation of the seller to clearly state if an animal is horned or polled. Scurred animals shall be considered polled.
- The first owner (seller) of the calf will be responsible for submitting the application for registration. In the case of embryo transfer (ET), the first owner (seller) must provide the ET certificate and AI certificate (if needed).
Announcements
- Any changes of information contained in a sale catalog will be announced from the auction block and such announcements shall take precedence over any printed material.
Health
- All animals shall be eligible for interstate shipment, except as otherwise announced. Interstate health papers will be furnished for each animal requiring T.B. and Bangs tests in accordance with federal regulations. Proof of calfhood vaccination for Brucellosis must be provided in the form of a permanent ear tattoo shield.
- It is the responsibility of the buyer to know the health requirements of his/her home state.
Certificates of Registry-Transfers
- A certificate of registry and transfer will be furnished for each animal sold. It shall be the responsibility of the seller and/or sale manager to submit the properly prepared transfer application promptly to the American Shorthorn Association. A signed application for registry for unborn calves should be furnished with bred females, listing names and registration numbers of the sire and dam, as well as service date.
AI and/or ET Service Certificates
- AI service certificate shall be furnished by the seller at no cost to the buyer, for all females bred artificially to bulls not owned by the seller.
- ET certificates shall be furnished by the seller at no cost to the buyer for all offspring resulting from ET to include the purchase of a female(s), as egg(s) or a pregnancy(s).
Purchaser’s Risk
- Each animal becomes the property of the buyer as soon as sold, unless other arrangements are made prior to the sale.
Options for Return or Adjustment
- All claims for adjustment or refund must be made in writing either within six months of the sale date, or not later than six months after the animal reaches 18 months of age, with the exception of misrepresentation of service sire.
- In 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 requirements of the seller’s state. The seller shall be entitled to six months trial following the return of the animal in which to prove that the animal is a breeder. If, at the end of six months, the seller is unable to prove that 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 purchase price. The return of the full purchase price shall in any case be deemed as full satisfaction and settlement. Any expense incurred for transporting an animal claimed to be a non-breeder back to the seller’s farm shall be the responsibility of the seller. 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 expense incurred for transportation back to the purchaser’s farm.
Genetic Defect Disclaimer
- The American Shorthorn Association (ASA) makes no representation of any kind as to the genetic defect status or parental verification of live animals, pregnancies, embryos, flushes, or semen lots unless catalogued with a DNA case number and/or genetic defect Lab ID number. The ASA maintains a current “genetic defect status list,” available under the registrations menu at www.shorthorn.org .
Standard Breeding Guarantee
- All animals sell under the terms and conditions of the American Shorthorn Association Standard Breeding Guarantee.
- All animals are guaranteed to be breeders unless they fail to breed due to injury or disease occurring after purchase
- Bulls are guaranteed breeders, regardless of age at date of sale:
a. provided that bull is not allowed to run with the cow herd until at least 14 months of age.
b. provided the cow herd is healthy.
c. a breeding soundness exam (BSE) performed after the bull becomes 12 months of age and is performed no more than 30 days prior to date of sale, shall constitute fertility.
d. fertility guarantee does not imply the ability to freeze semen. Such would require an additional agreement between buyer and seller.
- Females are guaranteed breeders, regardless of age at date of sale, except if after date of sale, female is flushed (single egg or multiple ovulation) prior to being bred for a natural calf.
- Females sold safe in calf as determined by a licensed veterinarian. If a female proves not to be in calf to the bull stated, in the time frame stated, the buyer can exercise his choice of options as follows:
a. request a full and prompt refund of the purchase price upon return of the female to the sellers farm
b. request an adjustment to the purchase price
c. request service to the bull previously used, if available
d. request a combination of options b and c
e. if option b,c and/or d is used, such female is still guaranteed to breed
f. if female sells guaranteed bred to a certain sire, and proves to have been bred to a different sire, the buyer can choose from options a, b, c or d as stated above.
g. seller has a six month period of time to prove that the female is a breeder.
- Females sold as served. Served females are believed to be in calf, but not so guaranteed. If the female proves to not be bred, the buyer may obtain service from the bull previously used, if available. Such females are still guaranteed.
- Females sold as “pasture exposed” are regarded as “females sold as served”, and same particulars apply.
- Females sold as open are believed to be open, and are so guaranteed. If a female sold as open proves to be in calf, the purchaser may return the animal to the farm of the seller, prior to calving, for a full and prompt refund of the purchase price or for another animal of equal value, whichever is acceptable to the purchaser. It is the obligation of the seller to bear any expense incurred for transportation.
- Cows with calves at side. When sold as pairs, cows are presumed breeders with no further guarantee. In cases where the pair is split, the standard breeding guarantee applies to both cow and calf.
- Females that are flushed after purchase and produce a fertilized embryo are considered breeders, and need not conceive for natural calving after that flush.
- Females that have been flushed prior to date of sale are still subject to the standard breeding guarantee, unless the seller clearly and prominently states female not guaranteed.
- All females, including virgin heifer calves, regardless of age at date of sale, are guaranteed breeders, unless the buyer chooses to flush the female prior to breeding for natural calf. Such flush, even if unsuccessful, negates the standard breeding guarantee, unless a specific and separate agreement is made with the seller prior to flush
- A female which fails to conceive for a natural calf, at the option of the buyer, with agreement with the seller, can be flushed and if the flush produces fertilized viable embryos, such constitutes fertility and satisfies the guarantee.
Suggested Sale Terms revised and approved by ASA Board of Directors (August 22, 2005).
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