TRICK-N-TREATS  SALE LIMITED TERMS AND CONDITIONS

TERMS: The terms are cash, check, or wire transfer in US funds payable to Wheatland Ag, Inc. within ten (10) days of the conclusion of the sale on October 30, 2010.  No release of animals or shipment of embryos or semen will be given until satisfactory payment has been made.  If Wheatland Ag, Inc. does not RECEIVE good payment within ten days, the contending bidder has the option to purchase the lot by wire transfer. For first choice females or embryos by a mutually agreeable sire, 25% down payment is required within the 10 days, with the balance at selection or when embryos are made.  The guarantees listed below shall be offered by the seller only after payment terms have been met by the purchaser.

BIDDING: Bidding will be handled by the “maximum bid” method.  Bidders indicate what they would be most willing to pay for a lot, and bids will be automatically raised up to that level when other bidders are competing.  The bidder with the highest maximum bid at the expiration time will be the winning bidder.  On some lots, the contending bidder will also be a buyer.

BY-BIDDING:  Bidding directly or indirectly on a lot in which the bidder or any person for whom the bid is made has an ownership interest is prohibited, but prospective buyers must understand by the anonymous nature of the auction, Wheatland Ag cannot control that practice.  Wheatland Ag will be taking phone bids for clients.  In those instances, the bidder will be referred to as “buyersagent” or “buyersagent2”.

RESERVE PRICES: Many lots have reserve prices set, which are not published.  If the highest bid does not reach the reserve threshold, the lot does not sell.  However, for lots that don’t sell, after the sale Wheatland Ag may try to make deals between high bidders and consignors.

LIVE ANIMAL SHIPPING: For live animals, the buyer incurs all shipping costs and will have thirty (30) days to pick up at the seller’s location.  If buyer has not picked up the animal in thirty days, the seller may charge the buyer up to $2.00 per day after the thirty days housing.  For choice of flush, the buyer incurs all shipping costs and will have until the youngest heifer is four (4) months of age to make selection.  If buyer has not made selection and picked up the choice in that time, the seller may charge the buyer up to $2.00 per day housing after that deadline.

EMBRYO & SEMEN SHIPPING: Wheatland Ag no longer will offer shipping services, so each buyer is responsible for arranging shipment of embryos or semen, except for US buyers of Canadian consignments.  Wheatland Ag will still offer to handle importing of embryos to Cedar Vale, KS.  Costs will be approximately $70-$100 per embryo, depending on the number in the shipment.  Delivery time cannot be guaranteed, so if you need embryos very quickly, you must handle the importing yourself.  Wheatland Ag will assist overseas buyers as much as possible to get their purchases to an exporter.

EXPORT SALES: Any costs associated with export sales will be incurred by the buyer.  This includes, but is not limited to, export paperwork fees by consignor’s vet, shipping costs to the exporter, and nitrogen tank charging expenses.

RISK: All lots are at the buyer’s risk as soon as struck off.  This includes embryos or semen arriving in unfit condition during shipping, unless seller admits not charging the tank.  Wheatland Ag, Inc. is not responsible for the condition of embryos or semen even if they are arranging the shipment, since they do not have control over the tank.  No insurance is offered by or through Wheatland Ag, Inc.

CERTIFICATES: Each animal is recorded or will be recorded in the Herdbood of the Association.  The certificate of registry with recorded transfer will be furnished by the seller to the buyer.

WARRANTY: 1) The seller guarantees to the buyer a clear and sole title to the animal purchased, and the right to sell same.  2) To the best of the seller’s knowledge, each animal is sound and healthy in every aspect and embryos have been recovered, processed, frozen, transferred and graded in keeping with IETS recommendations unless otherwise noted.  Every precaution will be taken to represent the physical condition of each animal or embryo exactly as it is.    Heifers that have not yet calved are in no way guaranteed following calving.  No guarantees are made concerning freedom from hardware.

SATISFACTION GUARANTEE:  Live animals are being sold with “satisfaction guarantees”.  The buyer has two options, unless otherwise noted in the catalog.  First, the buyer or somebody designated by the buyer my inspect the animal at the seller’s location and decide to accept or decline.  If declined, the sale is null and void at no cost.  Second, the buyer may ship the animal to their location and if then it is declined, ship it back.  The sale is null and void, but the buyer is responsible for shipping costs both ways.  The buyer has 30 days from the end of the sale to make the decision.  If no decision is made within 30 days, the buyer must accept the animal.

BREEDING:  Females open or bred to the best of the seller’s knowledge are breeders, and all females bred, to the best of the seller’s knowledge and belief, are pregnant.  However, no breeding dates or pregnancy can be guaranteed unless noted in the catalog.

PEDIGREE INFORMATION: All production, classification, type and production summaries are current.  Only records recognized by the Association as acceptable for pedigrees are used with type of record shown in pedigrees contained herein and are identified as to type of record.  Any production or classification records supplied by the seller will be properly identified as provided by owner.

HEALTH WARRANTY:  The seller will provide an official health certificate for interstate shipment to the buyer for each animal.  No warranty is made as to the condition or health of the animal or the result of any future health test or as to the condition of an animal’s udder following calving.  Herd and/or area accreditation and certification status and calfhood vaccination status will be printed in the catalog.  Health tests and condition for export sales to foreign countries or states with special health requirements are the sole responsibility of the buyer unless otherwise agreed to prior to the sale between the seller and the potential buyer.

ERRORS:  The material in the catalog has been carefully edited.  If any error or omissions are discovered, they will be noted.  Such notes will take precedence over the matter or print in the catalog, except for those pertaining to by bidding.