| Designer Genes Fit to Buck Sale March 6, 2010 |
| 5657 Hwy 21 East Madisonville, TX 77864 Office: (936) 348-2448 Fax: (936) 348-7428 Vernon Guidry: (936) 348-1330 |
| "Breed to Buck" |
| Sale Terms and Conditions |
1. SALE CONDITIONS: All prospective sale participants are urged to take
notice of and thoroughly read the sale terms & conditions for this auction as
published within this catalog, whether in print or online.
2. BIDDING: Each animal will be sold to the highest bidder without reserve. The
auctioneer in charge will settle any disputes as to bids, and his decision on the
matter shall be final.
3. BUYER REGISTRATION: ALL buyers must be registered through Superior
Livestock prior to the sale. Each buyer will be issued a buyer number for use
during the sale and bidding. You must contact Superior Livestock by calling
1-800-431-4452 to register.
4.TERMS: All terms are cash, check or certified funds due upon sale, unless prior
credit arrangements have been agreed upon, in writing, between buyer and seller.
ALL cattle must be paid for prior to loading.
5. RFD-TV & ON-LINE BIDDING: Payment requirements include money wire
transfer on Monday, March 8, 2010 or Cashier’s Check (guaranteed funds) by
FedEx or UPS delivery by Tuesday, March 9, 2010. All fees incurred for transfer
and/or check delivery shall be born by the Purchaser.
6. PURCHASER’S RISK: Each animal becomes the risk of the purchaser as
soon as sold, but will not be delivered until settlement has been made.
7. CERTIFICATE OF REGISTRY: Certificates of Registration will be held by
Guidry Land & Cattle, Inc. until March 29, 2010 or full settlement, with guaranteed
funds, has been made, whichever is earlier. Certificates of registration will be
mailed to the purchaser on those lots that are currently registered. All lots with a
Pending registration status will be mailed to Buyer upon our receipt from the ABBI
office. Please give full name and address to the secretary when making payment
so the Certificate of Registration will be mailed properly. It is the purchaser’s sole
responsibility to send in registration certificates to transfer ownership.
8. HEALTH: All animals where possession is sold are eligible for interstate
shipment. The cattle have been tested for Tuberculosis and Bangs disease within
thirty (30) days of the sale date. Should cattle required additional testing for their
destination state, purchaser will be required to pay any and all fees associated
with the required tests of their state
9. ANNOUNCEMENTS: Any changes in formation of any kind will be announced
from the auctioneer and such announcements shall take final precedence. Guidry
Land & Cattle, Inc. has made every reasonable effort to assure the correctness of
information printed, on paper and/or online, in this sales catalog.
10. BREEDING GUARANTEES:
a. OPEN FEMALES: Those females which have not been knowingly exposed or
pasture bred. This will include the Yearling & Weanling Heifers.
b. SAFE IN CALF: These females have been examined and are so guaranteed.
Buyer may, at his/her discretion, choose to leave said female(s) in the care of
Guidry Land & Cattle, Inc. until after calving. Seller will notify buyer of calving date
and Buyer will be required to make necessary arrangements for pick-up within 10
days. If buyer elects to pick up females prior to calving, buyer shall have until
March 19, 2010 or 7 days following pickup, whichever is later to have cattle re-
examined for pregnancy. In the instance the female is not safe in calf, the buyer
may return the female to the seller for a free breeding to the same sire at our
expense, allow seller to provide a buyer-approved replacement or return said
animal for a full refund. All transportation expense(s) relative to said guarantee
shall be at the Buyer’s expense.
c. BREEDING BULLS: Breeding bulls will have been fertility tested prior to the
sale and will sell as sound breeders only. It will be Buyer’s full duty, responsibility
and expense to have said breeding bull(s) re-examined by a licensed veterinarian,
and provide Proper notification to Guidry Land & Cattle, Inc. by March 19, 2010 in
order for Seller to honor such guarantee. In an instance whereby bull is found
unsatisfactory for breeding purposes, Buyer may return bull to seller for a full refund
or negotiate a suitable buyer-approved replacement. All transportation expense(s)
relative to said guarantee shall be at the Buyer’s expense.
11. SALE CATALOG/PRE-SALE FLYERS: Buyer should make purchases from
the Sale catalog provided the day of the sale and take heed to any
announcements made during the sale.
12. CHECK LIABILITY: The law regarding insufficient fund checks is as follows:
Any person signing a personalized check in the State of Texas will be held liable
for the amount of the check, plus a $100 handling fee. Acceptable form of
personal identification will be required. No post dated checks will be accepted.
Appropriate legal services will be obtained in whatever state and county
necessary in the United States to secure performance of any check given, the
handling fee listed above plus any applicable fees to secure such a service.
These conditions will be enforced to the full extent of the law and no exceptions will
be made. There will be an additional $250 fee for all returned checks that
are not replaced via wire transfer or cashier’s check within 5 days of the
return date of the check. All out of state personal checks written for the
purchase of any animal(s) shall incur a 10 business day hold on all registration
papers as well as the pickup of any animal purchased, without Seller’s prior
consent.
13. NO RETURNS OR REFUNDS: ALL SALES ARE FINAL AND BINDING.
NO ANIMALS ARE SUBJECT TO RETURN AND NO REFUNDS SHALL BE
MADE EXCEPT AS NOTED IN THE BREEDING GUARANTEES LISTED
ABOVE.
14. WARRANTIES BY SELLER ONLY: All warranties are strictly from the
seller, Guidry Land & Cattle, Inc. and are strictly to the present Buyer. No
guaranties or warranties by seller are transferable to a third party for any reason
whatsoever. Neither the auctioneer, RFD-TV, Superior Productions nor any of
their employees or agents make any representations or warranties of any kind,
express or implied, about the animals sold or offered for sale. Including any
warranty as to the soundness, merchantability, fitness for any particular purpose or
breeding qualities or soundness of any animal offered in the sale. All such
representations and warranties are hereby expressly disclaimed. “Puffery” or any
other statement by auctioneer or anyone acting on its behalf shall not be
considered a representation or warranty under any condition, and prospective
bidders should not rely on such statements as a representation or warranty by
auctioneer. Auctioneer shall have no responsibility for any written or verbal
arrangements between Seller and prospective bidders/buyers which differ from
these conditions of the sale.
15. USE CAUTION WHILE ON THE PREMISES: All persons attending the
auction do so at their own risk and are urged to use extreme caution while on both
the sale premises as well as Sellers premises when picking up cattle.
16. CATTLE PICK-UP: All animals will remain at Guidry Land & Cattle, Inc. and
can be picked up from our headquarters in Madisonville, Texas beginning
Wednesday, March 10, 2010, provided that guaranteed funds have been received
from buyer. Please make arrangements to pick up your purchases by contacting
Vernon Guidry, 936-348-1330 or 936-348-2448. All cattle must be picked up from
our headquarters on or before Noon on Friday, March 26, 2010. Any cattle
remaining in our care beyond this date shall incur a fee of $10 per head per day,
unless prior arrangements are made. No exceptions. We will offer a pick-up point
at Cal-Tex Feed Yard, Abilene, Texas on March 25-26, 2010. You MUST call to
make arrangements for your animals on or before NOON Monday, March 22,
2010. Cattle must be picked up from that location no later than 5:00 p.m. on
March 26, 2010
17. SEMEN SALES: Please contact our office at 936-348-2448 to make
arrangements for semen transfers. All semen purchasers are required to pay
shipping, transfer and/or storage fees on all purchased semen.
18. RIGHTS AND OBLIGATIONS: The above terms and conditions of sale shall
constitute a contract between the buyer and Guidry Land & Cattle, Inc. of each
animal and shall be equally binding upon both. Neither Superior Livestock, it’s
staff or employees or any other person(s) connected with the management of the
sale assumes any liability, legal or otherwise.
19. GOVERNING LAW: By placing a bid and/or the subsequent award as high
bidder, a contractual obligation has been entered into in Madison County, Texas
and all payments are due and payable in Madison County, Texas. The parties
agree that exclusive jurisdiction and venue of any legal proceedings arising from
this Agreement shall be in the courts of Madison County, Texas.
| DESIGNER GENES FIT TO BUCK TERMS & CONDITIONS |