Terms of Sale
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- SLIDING WEIGHT SCALE
Estimated weights are the basis on cattle. The final price will be
adjusted for the difference between average pay weight, rounded to the
nearest pound and the estimated average pay weight allowing for any stated
tolerance. For each pound the actual average pay weight is difference
than the estimated average pay weight plus or minus the stated tolerance,
the price will be adjusted by a price slide amount stated in the contract.
The specific tolerance, slide amount and direction of the slide will be
stated in the contract.
Example - cattle are described to
weigh an average of 475# with a ten pound tolerance on top side of the
estimated average weight and a slide amount of $0.10 per pound.
These cattle are sold for $91.00 cwt. If the actual average pay weight
at delivery is between 475# and 485# inclusive, the price will remain $91.00
cwt. If the actual average pay weight at delivery is 486# or
greater, the price will be reduced by $0.10 for each pound more than 485#.
At 486# the price will be adjusted to $90.90 cwt, etc. If the
slide is state in the contract to be TOP SIDE ONLY then the
price changes only if the actual pay weight is heavier.
- PART PAYMENT
Acceptance of sale price and terms of this sale will be consummated
with a part payment of $40.00 per head, payable by the following business
day, by wire transfer or overnight check to: PRODUCERS CATTLE AUCTION LLC.
- FULL PAYMENT
The seller will receive payment from a 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. Any and all
payments will be made to PRODUCERS CATTLE AUCTION INC. (PCA) account for
shippers proceeds and sent to: PRODUCERS CATTLE AUCTION LLC.
- 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 responsible for freight adjustment
for weight under 10% of the estimated weight stated in the contract (not to
exceed 50,000 pounds gross weight per truck.)
- TRANSFER OF TITLE
Legal title passes from the seller to the buyer upon full payment of
cattle.
- 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 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
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.
- 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. Buyer will be
responsible for any and all costs associated with enrolling these cattle
into any QSA or PVP unless previously enrolled by seller.
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