Sale Terms and Conditions

TERMS OF SALE 

Announcements 

1. If there is any inconsistency in the terms of any sales materials, including sale books, supplement sheets or day-of-sale announcements, (i) the day-of-sale announcement will control over both the supplement sheet and the sale book, and (ii) the supplement sheet will control over the sale book. 

Cash Sale 

1. 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. 

Buyer’s Risk at the Time of Sale 

1. The risk of loss and injury of each animal passes to the buyer as soon as it is sold (hammer); 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. 

Identification Responsibilities 

1. Prior to the sale, the seller must ensure that each animal has a readable permanent identification mark (e.g., tattoo, hot-iron brand or freeze brand) corresponding to its registration. 

2. The buyer must check all permanent identification marks for accuracy upon possession and report any discrepancies or irregularities to the seller immediately.  

3. In those cases where a nickname is used by the seller, the nickname must also be accompanied by the official registered name and number of the animal. 

Certificates of Registration 

1. A transferred certificate of registration will be furnished by the sales company free of charge to the buyer for each animal within 60 days following the later of either the date of sale or upon the receipt of full payment.  

GUARANTEES 

Health 

1. Unless otherwise announced, the seller guarantees that all animals are eligible for interstate shipment as required by applicable federal and state regulations. 

Conformance with Registration 

1. The seller guarantees that all sold animals are registered in accordance with the rules of the American Wagyu Association and Australian Wagyu Association. 

2. The seller guarantees to the buyer that all sold animals conform to the registration certificate as entered in the Herd Book of the American Wagyu Association and Australian Wagyu Association. 

3. The seller guarantees to the buyer that with respect to all females exposed to multiple service sires, each such service sire will have parentage markers on file with either the American or Australian Wagyu Association.

Pedigree, Performance and Genetic Information

1. The seller guarantees to the buyer that the pedigree, performance data and genetic information, as represented in any sales materials (including any sale book, supplement sheet or day-of-sale announcement),  

2. The absence of any such designation on the pedigree of an animal, as set forth in any sales materials, does not establish that the animal in question is not a carrier of any such genetic factor. 

3. In those cases where a commonly understood nickname is used by the seller, the seller guarantees the pedigree of the animal based on the commonly understood nickname and registered name of the lot being sold.

Sex 

1. Unless otherwise represented by the seller, there are no guarantees that offspring will be of a particular sex. 

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; and (d) animals subjected to gross negligence by or willful misconduct on the part of the buyer. Any disputes as to these guarantees is between the seller/consignor and not the sales company. The sales company is removed from any future dispute between the two parties should a dispute arise.

2. The seller guarantees that all bulls are breeders for a period of 90 days following the initial turn out with 

Buyers herd. Provided the Bull is of 15 months of age.

 A bull that settles a cow by natural service and passes a fertility test performed by a competent veterinarian or reproductive technician mutually agreed upon by the buyer and the seller will be considered a breeder. Unless otherwise agreed by the buyer and the seller, the seller makes no guarantees with respect to the ability to freeze semen. 

3. Cows with calves at their side are presumed to be breeders with no further fertility guarantee. 

 Safe in calf females are guaranteed 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). 

 4. “Served” females are not guaranteed to be in calf.

5. “Paster-bred” females have been exposed by are not guaranteed to be in calf. 

6. “Open” females are guaranteed by the seller to be without calf.

8. Donor females: 

1. Unless otherwise agreed by the buyer and the seller, a female that has been used in an embryo transfer program is not guaranteed to be a breeder after the date of the sale. 

2. Unless otherwise agreed by the buyer and the seller, a female 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. 

9. The seller makes the following guaranteed with respect to all “pregnant recipients”: (i) that the female is

pregnant, (ii) that the resulting calf is of the pedigree represented. 

Semen 

1. 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 or characteristics of such semen and the buyer is purchasing such Semen as is.

Embryos

1. All Embryos are sold as is. There are no Implied or guaranteed pregnancy / conversion rate unless offered clearly and stated by the seller. Sales company is not a participant to any such guarantee.  

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 60 days following the sale of the animal in question. 

Disclosure or Retention of Genetic Materials  

1. 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.  

GENETIC CONDITIONS:  REQUIRED DISCLOSURES RELATING TO CERTAIN TEST RESULTS OR POTENTIAL CARRIER STATUS OF AN ANIMAL. 

1. In advance of any sales of an animal, the seller shall have the affirmative duty to notify any potential buyer of (1) any test results in which an animal for sale has tested positive (under a test and at a laboratory approved by the either the Australian or America Wagyu Association) as a carrier of any genetic conditions recognized by either association and (2) whether the animal has a potential carrier designation on its pedigree for any genetic condition that is recognized by either association. 

Optional Guarantee: Genetic Conditions 

1. The buyer and seller may determine the scope and duration of a guarantee, if any, on an individual basis. The seller may, but is not required, to provide a guarantee to the buyer relating to genetic conditions. 

MISCELLANEOUS 

1. The above terms and conditions of sale constitute a contract between the buyer and the seller of each animal and are equally binding upon both parties. Each sale or resale of an animal constitutes a separate transaction. This contract is binding between the seller(consignor) and the buyer. The sales company although facilitating the transaction bears no burden or liability what so ever. By participating in a stud wagyu auction event , you acknowledge that the sales company is held harmless and indemnified against any claims from either buyer or seller / consignor.

2. Neither the Australian Wagyu Association or American Wagyu Association nor any director, officer, employee or representative of the Association or any of its related entities assumes any liability, legal or otherwise, in connection with any sale or transaction conducted under the terms of the Suggested Sales Terms and Conditions. Breed association registries are used for reference only and both buyer and seller acknowledge there are no guarantees info in either registry is 100% correct.

3. Neither the sponsor or sponsors, the sale manager, nor any other person connected with the management of the sale, assumes any liability, legal or otherwise. 

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 of the animal or animals occurs without giving event 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 WAGYU 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.