Roscommon Final Catalogue - Flipbook - Page 66
6.
pregnancy by natural service within four months of the date of sale or within four months of
attaining the age of fourteen months, whichever is the later. This guarantee shall be deemed to
be fulfilled whenever one female animal is proved to be in calf by natural service to that bull,
subsequent to the sale. A bull shall not be deemed to be incapable of putting a cow or heifer in a
state of pregnancy by natural service on a semen test only.
The foregoing guarantee is subject to the following conditions:(a) The bull shall be fairly tried with a view to him putting a cow or heifer in a state of pregnancy
by natural service within two months of the date of sale or within two months of attaining
the age of fourteen months, whichever is the later. For the purposes of this paragraph,”fairly
tried” shall not be deemed to have occurred when less than three female animals in season
have been properly presented to or run with the bull.
(b) If, upon purchase of the bull, it is found impracticable for the buyer to fairly try the bull
within the period stated at paragraph 6(a) above, due to the purchaser’s normal calving
programme, the vendor must be informed in writing immediately after the sale of the month
in which it is proposed to commence using the bull. The vendor shall not unreasonably refuse
to extend to the purchaser within seven days of receipt of the said notice in writing from the
purchaser.
(c) The Purchaser shall give notice in writing by registered post to the vendor of an inability
of the bull to put a cow or heifer in a state of pregnancy by natural service or a suspected
inability in this respect, not before the expiration of one month nor after the expiration of
three months from the date of sale or of the bull attaining fourteen months, or any extension
of the commencement of the trial period granted pursuant to paragraph) 6 (b) above or
whichever is the later.
7.
Breeding Guarantee - Females Any cow or heifer realising 500 gns, or more that is stated by
vendor as having been served or artificially inseminated not less than 12 weeks before the date of
the sale shall be guaranteed in calf to the service date or date of artificial insemination and to the
bull stated, unless any alteration to the service particulars is announced from the rostrum or by
the vendor at the time the animal is sold. The term ” running with the Bull” implies no guarantee of
pregnancy unless specifically stated by the vendor at the time of sale, neither shall the provision
by the vendor of a certificate of positive pregnancy diagnosis imply any such guarantee this being
merely an expression of opinion. Every heifer sold as un-served shall be so guaranteed and all such
heifers (unless sold suckling their dams) shall carry a guarantee that they are capable of breeding.
Calves sold suckling their dams are given to the purchaser free and no guarantees apply unless
specifically stated by the vendor at the time of sale. No claim under these Rules will be effective
unless made to the Auctioneers or to the vendor within the following time limits,as applicable, viz:
(a) In the case of a cow or heifer sold as being in calf which proved NOT to be in calf - within 49
days of the date of sale.
(b) In the case of a cow or heifer which, although in calf, does not calve to the stated service
or insemination date - within TWO CALENDAR MONTHS of the date that the animal should
have calved according to the particulars of service or insemination stated in the catalogue
of sale, in all such cases, no claim will be admissible unless there is an interval of more than
four weeks between the presumed due date ( according to the stated particulars of service
or insemination) and the actual calving date. NOTE the average gestation period for cattle is
285 days.
(c) In the case of a cow or heifer calves at a later date than the due date the onus of proving the
identity of the service bull shall be upon the vendor.
(d) In the case of a heifer sold as un-served and which subsequently proved to be in calf - within
SIX CALENDAR MONTHS of the date of sale.
(e) In the case of a maiden heifer which proves incapable of breeding because of malformation
or abnormality of the genital system - not before the animal attains the age of TWENTY
SEVEN MONTHS and no claim under this rule be admissible after the animal has attained
the age of THIRTY SIX MONTHS. NOTE: Any female ( cow or heifer) that has been flushed
for embryo transplant will be EXCLUDED from the terms of this guarantee but individual
vendors of such animals shall have the option of giving their personal guarantee to be
announced at the time of sale. No claims will be admitted under these rules where it can be
proved that a cow or heifer is carrying a mummified calf, or has aborted or re-absorbed a
foetus and no guarantee is given or implied that any cow or heifer will carry a calf full time.
All claims must be submitted to the vendor and the Secretary of the Society and shall be
resolved in accordance with the provisions of clause (f) of this agreement.
8.
This agreement shall be interpreted in accordance with the law of the Republic of Ireland.
9.
Commision - 5% payable by the Purchaser.
