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SALE TERMS AND CONDITIONS
Except 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 the respect to the cattle being sold at this auction. The warranties and guarantees set forth in the "Terms and Conditions" are in lieu of all other warranties, either expressed or implied, and the remedies provided there in shall be the sole and exclusive remedy of the buyer, or any party through the buyer, for any breach of warranty or guarantee therein provided, and all other obligations or liabilities. TERMS OF SALE: Cash, personal or company check accepted only unless arrangements have been made with Town Creek Farm prior to the sale. BIDDING: Each animal will be sold to the highest bidder without reserve. The person in charge will settle any disputes as to bids, and his decision on such matters shall 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 animals are fed and cared for until the animal is picked up by the buyer after the sale in a timely manner. CERTIFICATE OF REGISTRY: A transferred certificate of registry will be furnished to the purchaser for each animal, except those marked as commercial bulls and heifers, at no cost to the buyer within 60 days after settlement. Certificates will be issued by the International Brangus Breeders Association. HERD HEALTH: Our herd health plan is designed to run smoothly and to protect investments of time, money and energy, culminating ultimately into the final product, the calf. Calves are protected from birth by maternal immunization against E. Coli, rota-virus, and coronavirus scours transferred in the dam's colostrum. Young calves are immunized with 7-way Clostridium, 5way Lepto, IBR, BVD, P13, BRSV, Hemophilus Sommons and Brucella vaccines. Breeding age and mature cattle are immunized twice a year as above on a schedule which includes deworm with the addition of Vibriosis immunization.
HEALTH CERTIFICATES: Health certificates for interstate shipment will be provided at conclusion of the sale. ANNOUNCEMENTS: Except with respect to any provisions relating to warranties, rights, remedies, releases, and indemnifications, any changes from information of any kind in this catalog will be announced from the auction box and such announcements shall take precedence. BREEDING GUARANTEE: Our first goal is to make you a satisfied customer. We guarantee all breeding bulls sold in this sale to be fertile to the best of our knowledge. If a bull proves to be functionally infertile within 6 months (180 days) of the sale, we will replace the bull with one of equal value or issue a credit to be used in our next sale for the purchase price less the salvage value of the orignal bull purchase. Town Creek Farm has the right to prove the bull reproductively sound. This guarantee does not cover injury or disease, nor does it cover negligence on the part of the owner. Bull weights are recorded on Breeding Soundness Exams performed within 30 days of the sale. Bulls losing more than 20 percent of their body weight will be excluded from guarantee. Returns or refunds will be paid in the form of a credit to use toward purchase of another bull. This is not a life insurance policy. We will not replace a dead animal if it dies for any reason. We recommend that normal care and good herd health practices be exercised with these animals. Bulls are athletes and need proper nutritional requirements. Suggested ways to maintain your bull purchase will be issued to buyers at settlement following the sale. COMMERCIAL BRED HEIFERS: Any female is considered a breeder if she is pregnant at the time of sale. Commercial bred heifers have been certified safe in calf by a veterinarian or ultrasound technician within 30 days of sale (certification is mailed to buyers after completion of sale). Pregnant heifers are considered breeders without further guarantee. IDENTIFICATION: 1. Seller offers each bull with a brand of TC on its left side for all lots bearing the prefix TCF. 2. Buyer agrees to check brands for accuracy. 3. In those cases where a nickname is used, it shall be accompanied by the official registered name and number of the animal.
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OPTIONS AND PRIVILEGES FOR RETURN OR ADJUSTMENT: 1. All claims for adjustment or credit must be made in writing either within six months of the sale date or no later than six months after the animal reaches 18 months of age with the exception of claims involving dwarfs or misrepresentation of service sire. 2. In the event an animal is claimed to be a non-breeder within 6 months of purchase (first breeding season), the animal may be returned to the ranch 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 the animal is a breeder, the seller shall, at the option of the buyer, replace the animal with another of equal value or receive credit of the purchase price, less salvage, in the next Town Creek Farm sale. Either option 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 that 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 incurred for transportation. RIGHTS AND OBLIGATION: 1. The above terms and conditions of sale shall constitute a contract between the buyer and seller of each animal and shall be equally binding upon both. Each sale or resale of an animal constitutes a separate transaction. 2. All persons who attend the sale do so at their own risk. Neither the owners nor warranties, either expressed or implied, as to the merchantability or fitness for a particular purpose with the respect to the cattle being sold at this auction buyers at settlement following the sale any other persons connected with the sale assumes any liability, legal or otherwise.