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NALF Suggested Sale Terms and Conditions
Identification of Animals
1. Each animal sold will have a readable tattoo corresponding to its registration paper.
2. Seller agrees to check all tattoos for accuracy prior to the sale. The buyer has the responsibility for rechecking the tattoos after taking possession and reporting any discrepancies to the seller immediately.
3. All animals to be sold will be identified by their official registration number, their tattoo and their registered name. If nicknames are used, they should be in addition to the other information.
4. The NALF board recommends that when any animal is sold, there is complete disclosure of any retained genetics in the form of pregnant recipients, frozen embryos, or frozen semen.
5. Prefixes in an animal's registration name cannot be removed or changed by subsequent owners. Two, three, or four letter prefixes cannot be added to the name of the animal by owners other than the original applicant unless it matches the prefix in the animal's tattoo.
Registration Certificates
1. The seller of the animal will submit the original registration certificate with transfer information or an application for registration with transfer information on it so that a certificate can be produced by the Foundation and transferred to the new buyer. The seller must sign the back of the certificate on the application to authorize the transfer.
2. It is the responsibility of the seller to provide the North American Limousin Foundation with the buyer's complete name, address and membership number (if available) so that the transfer can be completed. It is important that the membership number be given if the buyer is already a member of NALF.
3. It is the seller's responsibility to provide the registration certificate or application, and transfer information to NALF within 60 days following the date of sale, and pay transfer and registration fees.
Terms
1. Terms of all sales are considered to be cash unless credit arrangements have been made prior to the sale between the buyer and the seller.
Health
1. On all animals sold, health tests will be announced at the sale or printed in the sale catalog. It is understood that health papers reflect the condition of the animal at the time of the sale but carry no further guarantee as to the future health of the animal.
2. Buyers having special health requests or who wish to take cattle into states with specific and rigid health regulations should inquire specifically about the health tests required for entry into their state prior to the sale.
3. All females sold are considered to be calfhood vaccinated for Brucellosis unless they are otherwise stated in the catalog or announced from the block. It is suggested that verification of vaccination be written on the health certificate.
Purchaser's Risk
1. Each animal becomes the risk of the purchaser as soon as it is sold.
2. It is the responsibility of the buyer to see that their purchases are fed and cared for following the sale.
3. It is the responsibility of the buyer to arrange all trucking for their purchases.
Announcements
1. Any change from the information that is printed in the catalog will be announced from the auction block.
2. All announcements made from the auction block take precedence over the printed catalog.
3. Cataloged lots not selling will be announced prior to the sale or printed on a current supplement sheet.
Breeding Guarantee
1. All animals are guaranteed to be breeders with the exception of: a) calves under twelve months of age; b) in the event of any injury or disease that occurs to the calf after sale or; c) gross negligence or willful misconduct on the part of the purchaser; d) females used in embryo transplant.
2. Lactating cows with calf at side, sold as one unit are proven breeders, as indicated by the calf at side.
3. Bulls are guaranteed to be breeders at the time of sale or at 16 months of age if they are younger than 16 months at time of sale. Any bull which either settles cows by natural service and/or passes a fertility test made by a competent veterinarian is considered to be fertile. Any guarantee with respect to the ability to freeze semen shall be a separate agreement between buyer and seller.
4. Females sold as safe in calf have been examined by a competent veterinarian or other reproductive technician and are so guaranteed to be with calf. It is the buyers responsibility to pregnancy check all females and report any discrepancies within 30 days following the sale.
5. Any guarantee with respect to embryo transplant production shall be a separate agreement between buyer and seller.
Options and Privileges of Returned or Adjustment
1. All claims for adjustments or refunds must be made in writing either within six months of the date of the sale or no later than six months after the animal reaches 18 months of age, whichever occurs last.
2. In the event that an animal is claimed to be a non-breeder, the animal must be returned to the farm of the seller in good condition and must have met the health requirements of the original 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 month, the seller has been unable to prove the animal as a breeder, the seller shall, at the option of the buyer, replace the animal with another of equal value or refund the total purchase price. The return of the purchase price shall in all cases be deemed as full settlement.
Any expense incurred in transporting the animal that is claimed to be a non-breeder shall be the responsibility of the purchaser except that the seller shall be responsible for transportation costs in the excess of the distance between the purchaser's farm and the location of the sale. 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.
3. It is the obligation of the buyer and seller to negotiate any settlements on cattle that have not been properly represented at a sale. The selling of an animal constitutes a contract between buyer and seller and it is not the responsibility or the right of the North American Limousin Foundation or of the sale management firm to settle disagreements between buyers and sellers of cattle that have not been properly represented.
The return of an animal at the expense of the purchaser with a refund of the purchase price made by the seller is in all cases considered to be a complete settlement. Other settlements which are negotiated between buyer and seller may be equitable to cover instances in which cattle are not as represented sale day, but that does not warrant complete return of the animal.
Blood Typing for Parentage Verification
1. If at some time the purchaser raises a question as to the accurate parentage of an animal he has purchased, it may be settled by blood typing. Blood samples will be taken by a licensed veterinarian of the animal in question and of its sire and dam if they are not currently of file. The verification of the parentage test will be made by the NALF approved Stormont Laboratory. The results of these tests will be sent directly to NALF and will be sent on to both the purchaser and the seller so they will be aware of the official results.
2. If the blood tests indicate that the animal is not as it was registered originally, the seller will reimburse the buyer for the test and will refund the total purchase price of the animal or replace the animal with another of equal quality and value as determined by the purchaser.
3. It is important to remember that blood typing is not 100 percent exclusive and that it simply identifies animals that will qualify as the parents or animals that cannot be the parents.
4. All bulls born after December 31, 1990 that are to be used for artificial insemination must be parent verified by blood typing (both the sire and dam). All females born after July 1, 1987 that are to be used for embryo transplant, and all bulls born between July 1, 1987 and December 31, 1990 that are to be used for artificial insemination must be sire verified through blood typing. All females born prior to July 1, 1987 that are to be used for embryo transfer and all bulls born prior to July 1, 1987 that are to be used for artificial insemination must have an identification blood type on file.
Disclosure of Retained Genetics
1. Since the sale of a registered Limousin animal constitutes the transfer of ownership of all, or a portion of a "genetic package", it is the "Sellers" responsibility to inform potential "Buyers" of all retained genetics of animals in circumstances where potential exists for "Buyers" to be mislead. This includes, but is not limited to: semen collected and frozen prior to sale, embryos flushed, existing clones either as live animals or embryos, and cows carrying the service of an offered bull.
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