| Designer Genes Fit to Buck Sale March 5, 2011 |
| 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 |
| Back To Designer Genes Fit To Buck Sale Page |
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 cattle must be paid for prior to loading. All terms
are cash, check with bank letter of credit or certified funds due
upon sale completion, unless prior credit arrangements have
been agreed upon, in writing, between buyer and seller
5. ON-LINE BIDDING: Payment requirements include money
wire transfer on Monday, March 7th, 2011 or Cashier’s Check
(guaranteed funds) by FedEx or UPS delivery by Tuesday, March
8th, 2011. All fees incurred to transfer and/or check delivery
shall be born by the Purchaser.
6. PURCHASER’S RISK: Each animal becomes the risk of the
purchaser at time of cattle load out, 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 the latter of, March
28th, 2011 or full settlement has been made, whichever is later.
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 require 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 the sale format 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. Guidry Land and Cattle, Inc. reserves the right to 100
units of semen of all Bulls selling (all ages). Guidry Land
and Cattle, Inc. will pay all collection costs.
b. All Bulls are selling as is. None of these calves have been
fertility tested, therefore, we cannot guarantee the viability
of any bulls in this sale.
purchases from the Sale catalog provided for 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, 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 Monday, March 7th, 2011,
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 25th, 2011. 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.
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 the subsequent
award as high bidder, a contractual agreement 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 SALE MARCH 5TH, 2011 TERMS & CONDITIONS |