Terms of Sale

• SLIDING WEIGHT SCALE
  Estimated weights are the basis for contract price 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 different 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 LLC. (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
  Seller warrants to Producers Cattle Auction, LLC and buyer that he 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 and extension of credit by PCA. 
  
  
• 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.
                                                                                                               
• 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 Producers Cattle Auction LLC'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. Upon sellers failure for any reason whatsoever (other than an act of God), to deliver to buyer, all cattle purchased there under, as herein required, seller shall promptly refund to Producers Cattle Auction LLC, the part payment advanced on such undelivered cattle, plus commission. Producers Cattle Auction LLC will refund to the Buyer the total amount of the part payment advanced by the buyer. In the case of default by either buyer or seller, 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.
  
• 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.

   15.   CATTLE THAT ARE PASSED OVER
           Cattle that are passed over can be re-listed on a future sale at no extra charge.