GENERAL
1)
Terms and conditions of the sale are printed in sale catalog;
however, announcements from the auction block take precedence
over printed material.
2)
All buyers and sellers who are not present at auction but
who participate in the auction by any means shall be deemed
to have authorized Tennessee Livestock Producers,Inc. to
sign the CATTLE MARKETING CONTRACT on their behalf.
3)
Cattle are graded and identified as to breed, muscle score,
frame size and flesh by the Tennessee Department of Agriculture
grading service.
4)
Cattle are available for viewing the week of the sale. Buyers
wanting to see any of the lots call Tennessee Livestock
Producers, Inc. to schedule.
PRICE SLIDE
Based
on advice from USDA Market News Service and U.T. Extension
Livestock Marketing Specialists the following TWO
WAY Price Slide will be used for this sale.
Slide will be BASED ON ESTIMATED WEIGHT.
STEERS - 650# and Over NO SLIDE
625#
and Under $5 SLIDE - NO WINDOW
HEIFERS - 650# and Over - NO SLIDE
625#
and Under $3 SLIDE - NO WINDOW
Every
effort has been made to give our best estimate on all
weights.
WEIGHTS
AND WEIGHING INFO
1)
All weights given are best estimates as determined by Tennessee
Department of Agriculture graders, Tennessee Livestock Producers
personnel, and consignor. Every effort has been made to
be accurate; however, no guarantee is offered on the
estimated weight or range.
2)
A 36 HOUR NOTICE IS REQUIRED FROM BUYER TO TENNESSEE
LIVESTOCK PRODUCERS to load cattle. Cattle will be delivered
per weighing conditions described in the catalog for each
lot. Sellers will deliver all cattle consigned unless prevented
from doing so by reasons beyond their control.
3)
Cattle must be picked up within 10 days of the sale date
(unless otherwise stated or negotiated). Sundays are
not available for delivery. All scheduled weighing are
to be arranged through Tennessee Livestock Producers with
proper notice.
4)
Cattle will be weighed and loaded by Tennessee Livestock
Producers employees or representatives. Tennessee Livestock
Producers, Inc. will cut out any blemished or unmerchantable
cattle with agreement of buyer and seller.
OPEN HEIFERS
Unless
otherwise provided in writing, heifers sold are not
guaranteed open.
NO SALES
Seller
reserves the right to reject bids. In the event of a "No
Sale", the last bidder will be paid $1.00 (one dollar)
per head by the market agency.
BINDER FEE
Tennessee
Livestock Producers, Inc. retains the authority to charge
a buyer a $20.00 per head binder fee for each lot bought
and to apply toward purchase of said lot, due upon request
by Tennessee Livestock Producers, Inc. Buyers present at
sale may pay fee at close of sale, others within 3 days
of sale date. A failure to pay the requested binder fee
will be considered a default.
SETTLEMENT
All
sales are due and payable immediately upon weighing of livestock
and receipt of invoice. It is further expressly intended,
understood, and agreed that this is a cash transaction.
TITLE AND LIABILITY
1)
Title and ownership of the cattle does not transfer to buyer,
not withstanding delivery or possession, until purchase
price is paid in full and funds collected.
2)
Liability and loss of the cattle transfers to buyer at the
time cattle are weighed or loaded onto truck whichever occurs
first.
WARRANTIES
The
parties expressly agree that there are no warranties expressed
or implied on any cattle listed or sold. All cattle are
sold "As Is."
DEFAULT
In case of failure to perform any term or condition in the
agreement by either buyer or seller, the defaulting party
shall be liable for actual and incidental damages as permitted
by law, plus court costs and reasonable attorney fees, as
well as any other available relief. Default in payment shall
include: 1) Failure to receive full and final payment; 2)
If instrument given in payment is dishonored; 3) Upon death,
bankruptcy or insolvency of buyer. Upon default, Tennessee
Livestock Producers, with or without notice, may impose
all rights afforded by law. The laws of the State of Tennessee
shall govern.
