Producers Cattle Auction, LLC (PCA) Terms of Sale     SLIDING WEIGHT SCALE Estimated weights are the basis for contract prices on cattle. Cattle are sold on a sliding scale, on the top side of the base weight. Example - calves with an estimated base weight of 500 lbs sell for $150.00. At delivery, if the calves weigh up to 500 lbs average, the price remains the same. If they weigh 501 lbs, on a $.10 slide, the adjusted price will be $149.90, at 510 lbs the adjusted price will be $149.00, and so forth, up to 35 lbs above the estimated base weight. Seller agrees that if the cattle deliver 36 lbs or more above the estimated base weight, the cattle will slide an additional $.02. If the cattle deliver more than 50 lbs above the estimated base weight, PCA will further discount the price of the cattle, for this error.   FAIR SLIDE Example - calves with an estimated base weight of 500 lbs sell for $200.00 cwt. The cost of the calf in this example would be 500 lbs X $200.00 cwt for a cost of $1,000.00 per head.  At delivery, if the calves weigh up to 500 lbs average, the price remains the same. If the calves weigh over the average, I. E. 520 lbs., the cost will increase $1.00 per pound on the pounds over the base weight. (In this example 20 lbs. X $1.00 = $20.00 per head)  for a total cost of $1020.00 per head.   2 WAY WEIGHT STOP Buyer will pay contract price up to the base weight minus a slide amount specified in the contract up to a maximum of 25#. Weight over 25# are free to the buyer. Buyer will pay contract price plus a slide amount specified in the contract up to 25# under the base weight. No adjustment will be made after 25#.   PART PAYMENT Buyer acceptance of sale price and terms of this sale will be consummated with a part pay of $40.00 per head, payable by the following business day after the sale, by wire transfer or overnight check.   FULL PAYMENT The seller will receive payment from PCA's custodial account for shippers proceeds at delivery.  Full payment from the buyer will be due delivery day by wire transfer or check sent by overnight mail.  In the event of multiple shipment, payment will be required each day.    TRUCK LOAD LOTS All cattle contracted will be sold in truck load lots unless otherwise stated.  The head count stated in the contract will be adjusted to fit the trucks in order to keep the weight at contract specifications.  If the cattle are heavier or lighter than estimated, the seller will adjust the head count up or down to fit total represented weight in the contract.  Seller is obligated to deliver headcount specified in the contract.  Failure to do so will result in a freight adjustment made by the seller based on the difference between contracted pay weight and actual pay weight.  Seller is responsible for freight adjustment for weight under 10% of the estimated weight stated in the contract after headcount obligation has been met (not to exceed 50,000 pounds gross weight per truck).  PCA reserves the right to make an additional adjustment, charging the seller and compensating the buyer, for loss of value for number of cattle short of contracted headcount.   TRANSFER OF TITLE Seller warrants to PCA and the buyer that seller has good and marketable title to the livestock sold and that the livestock will be delivered free from all security interests, liens or encumbrances.  If said livestock are subject to a lien, security interest or chattel mortgage in favor of  the party stated in the contract, this lien, security interest or encumbrance shall be satisfied by seller prior to or at delivery.  Seller agrees to defend title to the livestock, indemnify and hold PCA and buyer harmless from any and all loss or damage on account of any liens, encumbrances and other defects in the title.  There are no warranties expressed or implied beyond what is expressly set forth in this contract.  A delay in payment by buyer is not to be considered an extension of credit by PCA.    LIEN OF PRODUCERS CATTLE AUCTION, LLC PCA shall have a lien for all expenses, commissions, and outlays of every sort, including legal expenses and counsel fees, and for all liabilities that shall be made or incurred by seller in connection with the consignment.  As security for advances made by PCA, and for the commissions and expenses of PCA, PCA shall have a general lien on all of the contracted cattle and all of the proceeds of the sale, including accounts, promissory notes, drafts and any other evidence of indebtedness arising out of any sale by PCA, on behalf of the seller.  Buyer accepts and hereby agrees title to all contracted cattle remains the property of PCA, and that the contracted cattle will not be resold or reassigned to any other party, until PCA receives full payment from the buyer.   RISK OF LOSS The seller will be liable for loss of the cattle until they are loaded onto buyer's trucks.  The buyer assumes all risk of loss for the cattle, with the exception that consideration will be given to conditional circumstances for individual death loss, after they are loaded on buyer's trucks.   BEEF INDUSTRY COUNCIL PCA will act as agent for the Beef Industry Council and collect the mandatory $1.00 per head check off.  Seller agrees to have this fee deducted from proceeds of the sale. INCIDENTAL EXPENSES Seller agrees to pay all incidental expenses such as yardage, brand inspection, health papers and / or weighing charges, and calf-hood vaccination or S-branding of heifers unless otherwise stated in contract.   IN CASE OF BID DISPUTE If any dispute arises between two or more bidders, PCA reserves the right to immediately put the lot up for sale again and resell to the highest bidder.  The decision of PCA shall be final and absolute.  All sale day information & changes announced will take precedence over any material printed prior to the sale.   DELIVERY PCA will deliver only to the original buyer.  This contract is not assignable.  The agent representing PCA shall have the right at delivery, to sort and reject any cattle that are not in good, strong, and healthy shipping condition.  Unmerchantable cattle include but are not limited to crippled, lame, deformed, bulls, stags, lump jaw, bad backs, locos, bad eyed, non performers, unhealthy cattle and shorts.  Any cattle added to the cattle described in the contract after the date of the auction without the approval of the buyer may not be accepted by the buyer.   DELIVERY DATES Actual delivery dates set are PCA's option. If uncontrollable circumstances such as weather, availability of trucks, death, etc. requires seller or buyer to request minor changes to the delivery dates outside of the contract delivery date range, PCA has the authority to make adjustments to accommodate the particular circumstance. BUYER DEFAULT Default shall exist if full and final payment is not received within one day from the date buyer takes possession of the livestock described herein, or if the check given in payment for the livestock is dishonored, or upon the death, bankruptcy, or insolvency of the buyer or upon the sale of said livestock without PCA's written permission. Upon default, PCA, with or without notice, may exercise any and all rights accorded to it by law and this contract,  including, but not limited to the following: If buyer defaults, he will forfeit his $40.00 per head part payment. The defaulting party shall be liable for actual and incidental damages as are determined by the Uniform Commercial Code, plus court costs and attorney's fees, as well as to any available equitable relief.   SELLER DEFAULT Upon sellers failure for any reason whatsoever to deliver to buyer all cattle purchased, seller shall promptly refund to PCA the part payment advanced on such undelivered cattle, plus commission.  PCA will refund to the Buyer the total amount of the part payment advanced by the buyer.  The defaulting party shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, plus court costs and attorney's fees, as well as to any available equitable relief.   BUYERS TRUCKS The agent representing PCA shall have the right to make any necessary adjustments concerning shrink at delivery if buyer's trucks are not on time and cause any unnecessary shrinkage to sellers cattle.  The buyer assumes responsibility and liability for loss for the cattle upon loading on buyer's trucks.  Seller agrees to provide the labor to load the cattle on the trucks. OWNER WILL SUPPLY SOURCE AND AGE INFORMATION This statement refers to cattle that are uniquely identified and where the seller agrees to supply information pertinent to the origin and the date of 1st calf born in the group.  Buyer will be responsible for any and all costs associated with enrolling these cattle into any QSA or PVP.   CATTLE THAT ARE PASSED OVER Cattle that are passed over can be re-listed on a future sale at no extra charge.  Seller will be charged a $5.00 per head fee for cattle passed over and not resold thru PCA . CONTRACTS Producers Cattle Auction, LLC reserves the right to sign the Livestock Contract on behalf of the Buyers and Sellers.