TF TOMBIGBEE K 15 - Open Heifer - Polled

March 1, 2024

Featuring Herd Sire Prospects, Open Heifers, Bred Heifers, Pairs, 3-N-1's, Embryos, and Semen Lots

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Sale Contacts:
Anthony Mihalski - (210) 415-0888
Mike Green - (979) 229-6563

Location:
Reliant Arena Sales Pavilion 
One NRG Park
Houston, TX 77054

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Please call Marshall Curl @ (956) 537-6510 if you experience any issues with the bidding or registration process.

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.

Cash Sale: All sales are for cash unless satisfactory credit arrangements, including any possible reservation of security interest by the seller, have been made with the seller prior to sale. 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 10 of the BBU Bylaws.
Buyer's Risk at the name of Sale: The risk of loss and injury of each animal passes to the buyer as soon as it is sold; however, it is the obligation of the seller to ensure that sold animals are fed and cared for free of charge to the buyer until loaded for shipment or until the expiration of 24 hours after the sale, whichever occurs sooner.

Certificates of Registration: A transferred certificate of registration must be furnished by the seller free of charge to the buyer for each animal within 45 days follow• ing the later of either the date of sale or upon the receipt of full payment.

Health Guarantees: Unless otherwise announced, the seller guarantees that all animals are eligible for interstate shipment as required by applicable federal and state regulations.
Announcements: If there is any inconsistency in information in terms of the sales materials(e.g. sale catalog, supplemental sheets, sale day announcements, 1) sale day announcements will control over both the supplement sheet and the sale catalog, and 2) the supplement sheet will control over the sale catalog.
Identification Responsibilities:1) Prior to the sale, the seller must ensure that each animal has a readable permanent identification mark (tattoo, hot-iron brand or freeze brand) corresponding to its registration identification and 2) The buyer must check all permanent identification mark for accuracy upon possession and report any discrepancies to the seller immediately.

Artificial Insemination (Al) Certificates and Embryo Transfer (ET) Bills of Sale: Al certificates and ET bills of sale will be the responsibility of the seller.

Conformance with Registration Guarantees: 1) The seller guarantees that all sold animals are registered in accordance with the rules of BBU and 2) The seller guarantees to the buyer that all sold animals conform to the registration certificate as entered in the Herd Book of BBU.

Official BBU Information: All existing available official BBU information, including calf source, service sire and/or potential service sires (registration numbers) and performance data must be included in the final sales catalog.

Pedigree, Performance and Genetic Information Guarantees: The seller guarantees to the buyer that: 1) the pedigree, performance data and genetic information, as represented in any sales materials (including sale catalog, supplemental sheet or sale day announcement), are accurate; and, 2) all information from the BBU database is accompanied by an accurately stated "as of" date. The absence in any sales materials of a specific designation on the pedigree of an animal does not establish that the animal in question is not a carrier of such genetic defect.

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 gross negligence by or willful misconduct on the part of the buyer.
2)    Bulls eighteen (18) months or older are guaranteed by the seller to have passed a Bull Breeding Soundness Evaluation (BSE) and to have been certified a satisfactory potential breeder by a licensed veterinarian within forty-five (45) days prior to sale date. Results of the BSE must be reported on a fully completed official form and attached to the health papers required for the sale.
3)    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 and twenty (120) days from the date of sale and include the SSE 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 SSE and be confirmed a satisfactory potential breeder, he shall so certify in writing to the seller and the buyer which shall include the official form 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.
4)    Females younger than twenty-four (24) months of age can be sold as open. Females sold as open are guaranteed by seller to be open. Any female is considered 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 with no further fertility guarantee. Cows (including donor cows) with calves at side six (6) months or older must be certified to be pregnant by a licensed veterinarian.
5)    "Safe-in-calf" females are guaranteed by the seller to have been examined by a competent veterinarian or reproductive technician and determined to be safe- in-calf by examination or other proven method (e.g., ultrasound, pregnancy blood tests, and rectal palpation). "Served" females are not guar­ anteed to be in calf. "Exposed" females have been exposed but are not guaranteed to be in calf. "Open" females are guaranteed by the seller to be without calf.
6)    A Donor female (unless otherwise agreed by the buyer and the seller) is a female: (a) that has been used in an embryo transfer program and shall not be guaran- teed to be a breeder after the date of the sale, (b) that is not guaranteed to be a breeder after the date of the sale, when that female is to be used, or attempted to be used, in an embryo transfer program.
7)    The seller makes the following guarantees with respect to all "pregnant recipients": (a) that the female is pregnant, (b) that the resulting calf is of the
pedigree represented, and (c) that the resulting calf is of the sex represented Qf so represented).
Flushes and Time Requirements: A flush consists of all viable embryos, transferred or frozen, received from a female as the result of the administration of any super ovulation drug. The sale of a flush or resulting pregnancies must specify in the sale catalog the number of pregnancies guaranteed by seller and the disposition of any other pregnancies resulting from the flush, the disposition of any frozen embryos resulting from the flush and any additional charge for the recipient cows. The maxi- mum time for the delivery of the guaranteed results must be specified along with a payment schedule. Non-delivery or only partial delivery by the specified time by the seller will result in a pro-rata refund of all monies previously paid by the buyer for such flush or pregnancies not delivered.
Disclosure of Prior Procedures: The seller must disclose in the catalog or from the block any circumcision or other surgical alteration of any underline of any male or female known to the seller and of any single egg or super-ovulation flush of any female known to the seller.

Semen: Unless otherwise agreed by the buyer and the seller (with respect to the sale of semen), the seller makes no guarantees with respect to the performance of characteristics Of such semen and the buyer is purchasing such semen "as is".

Embryos: Embryos being offered for sale will be sold "as is" unless the seller provides additional guarantees.

Clones: Only BBU replication cell-cloned animals shall be eligible for registration and eligible to sell. Genetically modified animals shall not be eligible for registration and cannot sell. Cloned animals shall be guaranteed by the seller to be breeders under the same terms of the agreement for females and bulls. Any additional guarantees with respect to clones shall be by separate agreement between buyer and seller.

No Sex Guarantees: There are no representations as to the sex of offspring unless the seller makes a specific guarantee that offspring will be of a particular sex.
Disclosure or Retention of Genetic Materials: If seller retains any genetic materials of an animal being sold that can be used for cloning, the seller must disclose such fact to any potential buyers prior to the sale.

Privileges of Return or Adjustment Options:
8)    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.
9)    Unless otherwise stated, all claims for adjustment or refund must be made in writing to the seller within180 days following the sale of the animal in question.
10)    If an animal is claimed to be a non-breeder, the animal may be returned to the seller if it is in 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.
11)    If a female sold as "safe in calf" proves not to be in calf, the seller must make a satisfactory adjustment on the purchase price to the buyer or, at the
buyer's op- lion, refund the purchase price upon return of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph must be in writing to the seller within 180 days of the sale of the animal in question.
12)    If a female represented as "safe in calf" to a certain bull at the time of sale proves to have been bred to a different bull, the seller must make a satisfactory adjustment on the purchase price to the buyer or, at the buyer's option, refund the purchase price upon 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 within 180 days of the birth of the calf.
13)    If a female sold as "open" proves to be with calf, the buyer 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 buyer. Seller is responsible for all transportation expenses.
14)    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 buyer, refund the purchase price upon the return of the animal to the farm of the seller.
15)    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 buyer'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 second anniversary of the date of the sale.
16)    If the resulting calf of a pregnancy is not of the sex represented at the time of the sale, the seller is obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the buyer'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 date of the sale.
17)    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.

Genetic Defects and Factors: Required Disclosures Relating to Certain Test Results or Potential Carrier Status of an Animal:
•    In advance of any sales of an animal, the seller shall have the affirmative duty to notify any potential buyer of any test results in which an animal for sale has tested positive (under a test and at a laboratory approved by BBU) as a carrier of any genetic defect or genetic factor recognized by BBU.
•    The seller guarantees that a bred female will not produce a calf with an inherited deformity occurring in Bovine for a period of nine months following
date of sale.

Miscellaneous:
•    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.
•    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 Sales Terms and Conditions.
•    No sponsor, sale manager, or other person connected with the management of a sale shall be liable in any way with respect to transactions con­ ducted under these Sales Terms and Conditions.
•    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.
•    UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN AGREEMENT BETWEEN THE PARTIES RELATING TO THE SALE OF BEEFMASTER, BEEFMASTER ADVANCER, EGOR UPGRADING CATTLE UNDER THESE SALE TERMS AND CONDITIONS, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE 1$ 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.