Guidelines for Sellers & Buyers

Guidelines for Seller and Buyer Expectations
Canadian Speckle Park Association
May 5, 2015

These guidelines have been developed and approved by the Directors of the Canadian Speckle Park Association for the voluntary use of its members and the buyers of Speckle Park cattle.  

Parties to a Sale and the Association

·   All guarantees are between the buyer and seller; and must be stated clearly in writing on the Bill of Sale.
·   The Canadian Speckle Park Association shall not be responsible for any guarantee given by the seller or expectations of the buyer.

Key Terms

Open:  Female which has not been served or female which has been served but declared open.

Bred: Female which is known to have been served by a bull either through natural breeding or artificial insemination, but this does not guarantee that the female is safe in calf to that service.

PastureExposed:  Female which is known to have been exposed during a period of time to a bull that was in a specific breeding area.

Safe in calf:  A female which has been declared pregnant by a licensed veterinarian or is declared by the seller, and to be carrying a calf at the time of the sale.

Breeder:  The owner or lessee of the dam at the time the dam was served.

Owner:  The individual, partnership or corporation in whose name an animal is registered.

Transfer of Ownership:  

  • ·   Each seller warrants clear title to the animal and the right of the purchaser to sell same.

·   Transfer of ownership is accomplished by the completion of the transfer form on the reverse side of the animal’s registration certificate, signed by the last registered owner, and duly processed by the Canadian Speckle Park Association. 

·   The seller has six months to provide the buyer with the completed new registration paper with the buyer identified as the owner of the animal sold.  Six months is the allotted time specified in Canada’s Animal Pedigree Act.

·   The seller is responsible for the payment of the transfer fees and other related fees necessary for the processing of the said transfer.

·   The seller of one or more embryos must provide the buyer with a signed “Application for Embryo Transfer of Ownership” as provided by the Association’s registrar.

·   Failure to provide registration papers and transfer of ownership is a criminal offence under the terms of Canada’s Animal Pedigree Act.

·   If a female is sold as bred, the service information must be completed on the transfer form.

Sales Catalogues:

·   The seller is responsible for disclosing complete and accurate pedigree information in the sales catalogue.

·   Sales catalogues must include all known genetic defect test result information available at time of printing.  Results received after printing must be reported from the auctioneer’s stand.

·   Any animal that is not registered or that cannot be registered with the Canadian Speckle Association must be clearly identified as such in the sales catalogue and/or from the auctioneer’s stand.

·   CSPA registered Speckle Park must be clearly identified as purebred, foundation stock, percentage or appendix by the inclusion of the letters PB, FS, PT or AP at the end of their registration numbers.  Only percentage Speckle Park shall have the percentage of blood published in the sale catalogue and only in accordance with the Rules of Eligibility for Speckle Park as specified in the Association’s By-laws and reflected on the animal’s registration paper.

Disclosure of Pedigree:

·   The seller is responsible for disclosing complete and accurate pedigree information to the buyer.

·   The seller is responsible for disclosing all known genetic defect information pertinent to the purchased animal at the date of sale.

·   The buyer cannot return an animal in the case that it is affected or known to be a carrier of any genetic defect if the information becomes known after the date of sale.

Breeding Bull Guidelines

All bulls offered for sale as breeding bulls, except calves at the side of their dam, must be breeders. The Canadian Speckle Park Association further recommends that.

·   All bulls sold as breeding bulls are to have passed a breeding soundness evaluation and a semen test performed by a licensed veterinarian. 

·   All bulls sold for breeding have achieved a minimum scrotal circumference of 30 cm before sale.  All bulls sold after weaning and prior to 12 months of age must meet the minimum scrotal measurement of 30 cm when they reach 12 months of age.

·   That buyers and sellers consider this data and the minimum scrotal circumference suggested by the Western Canadian Association of Bovine Practitioners on the reverse of their “Breeding Soundness Evaluation” (2014). 

AGE (months)

Suggested MINIMUM

SCROTAL CIRCUMFERENCE

Reported

AVERAGE

12

30 cm

32.0 cm

13

31 cm

 

14-15

32 cm

 

16-20

33 cm

 

21-30

34 cm

34.5 cm

(32.0 cm bottom ten percentile)

 

When a bull fails to prove a natural breeder:

·   When a bull fifteen months of age or over fails to prove a natural breeder after being used on cows known to be breeders and free of venereal disease, the buyer shall report in writing to the seller and provide a report of a complete examination by a licensed veterinarian.

·   This notification shall be provided by the buyer to the seller no later than four months following the date of purchase, or six months after the bull has reached 15 months of age, whichever is the later.

·   The seller shall have the opportunity to have the bull examined by a veterinarian of choice.  The seller will then have 45 days to prove this bull a breeder.  If this bull proves to be a satisfactory breeder the bull shall be returned to the buyer.

·   Any guarantees with respect to ability to freeze semen shall be by separate detailed agreement between buyer and seller.

·   No incidental expenses such as feed, veterinary charges, interest, etc. will be charged by either party.  UNDER NO CIRCUMSTANCES SHALL THE SELLER BE RESPONSIBLE FOR REIMBURSING MORE THAN THE PURCHASE PRICE OF THE BULL.

Breeding Female Guidelines

·   Females sold as being safe in calf are considered breeders without further guarantee.

·   Cows and heifers represented as bred or pasture exposed are not guaranteed safe in calf but are guaranteed to be breeders.

·   Open heifers selling as individual lots are guaranteed to be open and to be breeders.

When a female fails to prove a natural breeder:

·   In the event a female is claimed to be a non-breeder after having been bred naturally to a bull known to be a breeder and after having been examined by a licensed veterinarian, the matter must be reported in writing to the seller (with a copy of the veterinarian report) no later than six (6) months after the sale date or prior to the heifer attaining twenty-four (24) months of age, whichever is the later.

·   The female must be returned to the seller in good flesh and at the buyer’s expense.  The seller shall have seventy (70) days to prove such a female as a breeder.   

·   The seller may use any registered Speckle Park bull available to him/her, in which case the said female will be reclaimed by the buyer at his/her expense.

·   If the seller fails to prove the female a breeder, the buyer has the option to either accept a replacement breeding female from the seller’s ranch or obtain a refund of the original purchase price.

Open, bred and in calf females:

·   If a female is sold as being “safe in calf” at the time she is sold, this is an asset that is reflected in the sale price. If it proves to be in error, the seller owes the buyer an adjustment.

·   In the event that a buyer of an open heifer finds that she was in fact in calf on the sale day, the animal may be returned to the seller and the buyer is to receive a satisfactory replacement or a refund of the purchase price.

·   In the event that a female is sold as bred to a specific sire(s) and is safe in calf, and then gives birth to a calf that cannot be verified to the specified sire(s), the buyer may return both female and calf for the original price paid or receive a satisfactory replacement female.

·   In the event a female sold as being safe in calf does not calve to the published and/or announced breeding date(s), the buyer, after notifying the seller in writing, may return the female and calf; and receive an immediate full refund of the purchase price.

·   No incidental expenses such as feed, veterinary charges, interest, etc. will be charged by either party.  UNDER NO CIRCUMSTANCES SHALL THE SELLER BE RESPONSIBLE FOR REIMBURSING MORE THAN THE PURCHASE PRICE.

Exceptions to the Guidelines:

·   Where gross negligence or willful misconduct by the buyer or his agents or employees has occurred the seller is exempted from any and all obligations.

·   No guarantee is given that a bred female will deliver a live calf, or that she will carry the calf to full term.

·   In cases where the purchased animal is subjected to pharmaceuticals not approved for animal use, growth hormone treatment, entered into an embryo transplant program, subjected to multiple ovum stimulation, surgical reproduction technique, embryo transfer, or otherwise treated under direction from the buyer, after the sale, any obligations on the part of the seller shall be null and void.

·   No guarantee of any kind applies to suckling calves less than six (6) months of age.

Buyers Obligations

1.     The buyer has a responsibility to become familiar with these guidelines and the glossary of terms at the beginning of this document.  The buyers must listen carefully to all announcements made by the auctioneer, sales manager of owner governing the sale and specific announcements made on the individual animals.

2.     Determination as to any animal’s eligibility to be shipped into the buyer’s home area is the responsibility of the buyer.

3.     The buyer also checks the tattoo(s) of the animal(s) purchased to ensure that the tattoo that appears in the ear corresponds with the printed information in the catalogue and/or on the registration certificate.

4.     When an animal is returned to the seller, the buyer shall return the animal to the seller in good flesh.  

5.     The buyer also verifies that the correct buyer information is recorded on the bill of sale and transfer form, including buyers name, address and phone number.

6.     The buyer checks to ensure that the service information is recorded on the transfer form.

Variations

Any variations from these guidelines agreed to by the buyer and seller at time of sale, including announcements from the auction block and any additional agreements must be in writing on the bill of sale, and shall take precedence over the conditions herein.

Tips for the Seller and the Buyer

Check the ear tattoo of each animal to ensure accuracy.

Failure to Adhere to these Guidelines

The Canadian Speckle Park Association does not administer or prosecute violations of the Animal Pedigree Act.  However, the By-laws of the Association do make these provisions.

SECTION 29. SUSPENSIONS

1)       Suspended Member: Any membership may be revoked by the Board of Directors if a member conducts himself in a manner detrimental to this Association, or fails to comply with the By-laws and Rules of the Association, providing:

a.      Charges are in writing, signed by the writer, and submitted to the Business Manager;

b.      The member is given an opportunity of personal appearance before the Board of Directors at closed session to show cause why his membership should not be revoked;

c.        A majority of the Board members are present following a twenty-one (21) day notification of all Board members, and two-thirds (2/3) of the Board members vote in favor of revocation of membership.

d.       Any person so suspended or expelled shall have no claim against this Association or any interest in the property or assets of this Association.

2)       Suspended Registration:

A suspended registration is a registration of pedigree or transfer that has been placed under suspension by the Association’s Registrar, in consultation with the Board of Directors, on account of some irregularity; such suspension to remain until the same has been lifted by a resolution of the Board of Directors of the Association.

3)       Every member of the Canadian Speckle Park Association is subject to the provisions of the Animal Pedigree Act. The Offences and Penalties as set forth in the Animal Pedigree Act (Section 63-67) are considered to be contrary to the Rules of the Association and may be grounds for suspension of membership and/or suspension of registration as outlined in the preceding two paragraphs.