Diamond K Show Cattle Online Sale
October 12, 2023

Sale Terms & Conditions

Agreement
Sale terms are governed by the laws of the State of Texas. These sale terms are intended to supplement sale catalog, either digital or print.

Payment
Buyer may purchase lots online through SmartAuctions website or for a faster registration paper transfer, Buyer may wire funds direct to Diamond K or deliver a check payable to Diamond K Investments Inc. Payment is due upon receipt and must be settled before any animals are transferred. Upon receipt of full payment and animal pick-up, registration papers will be transferred to new Buyer. Failure to complete payment within 10 days of purchase can result in the forfeiture of the lot, which may then be sold to another buyer upon written or electronic notice.

Cattle Viewing, Health and Liability
Cattle are in the process of being halter broke at our ranch in Hempstead, TX. Cattle are available for preview by appointment to establish an understanding of disposition and potential prior to sale. Veterinary guidance has been implemented in developing a proper care plan for all sale cattle; vaccinations have been completed. Animals are presumed healthy at time of sale.

Buyers are responsible for health requirements for export outside of USA. Cattle are eligible for approved state health certificate for interstate shipment within the USA. Buyers are responsible for familiarizing themselves with the health requirements for their respective states. The Buyer assumes immediate ownership and all associated risk, including injury, disease, or death, at the conclusion of the online auction. Cattle are sold as-is. Buyers are encouraged to make arrangements to pick up cattle upon sale completion. Contact Seller for cattle insurance agent recommendations if desired. Unless prior arrangements are agreed upon by Seller, the cattle who remain at our ranch after 7-days (by 10/19/23) will incur a fee of $20/day until scheduled pick-up for care and feed. Care fee to be paid directly to Diamond K at pick-up.

Reservations
For all females in this sale, Seller retains the right, to perform one embryo flush at the buyer’s convenience, generating a minimum of six grade one transferrable embryos. All flush costs are sellers expense. Seller retains ½ semen interest on Bull sold in this sale. Seller reserves the ownership of all DNA cell lines of all animals sold in this sale. Unless otherwise agreed upon by Seller, Buyers agree not to change the name of animals in this sale upon ownership.

50% Semen Interest Partnership Terms

 To provide the utmost transparency on our Bull semen interest partnership offering, we have compiled a list of questions and answers below. If you have questions about the 50% semen interest, please contact Seller to clarify terms prior to sale closing. We aim to have a great partnership experience. We believe great partnerships start with clear expectations. 

What is 50% semen interest and 100% possession?

Buyer will own full possession of the bull and 50% semen rights.

Where does the bull get collected?

Buyer and Seller agree upon collection facility prior to semen collection.

When does the bull get collected?

Buyer owns 100% possession. Bulls are collected at Buyers convenience. Semen interest partners agree to coordinate semen collection timeline prior to equally shared collection expenses.

Who pays the semen collection expense on the bull?

While the bull is at the stud, the boarding and feed expense is split 50/50 between buyer and seller (or evenly split among collective semen partners should there be more than two partners). When the bull is delivered to the stud by the full possession owner, the stud is notified the amount of each owner’s share. Share owners will be billed directly from the bull stud and will pay the bull stud directly for the precise portion of the expense. The bull studs often charge a daily boarding fee, a collection fee, and then a small fee per unit of semen produced/handled. If applicable, any veterinary expenses will be split equally among semen interest owners while at the stud. Both parties are consulted before any major veterinarian charges may incur. Duration of stay/collection and amount of semen collected will be agreed upon between partners prior to drop off at stud (special costs are associated for longer durations, CSS semen collections vs. day-jumps, etc.).

Who will be listed as an owner on the bull’s registration paper?

The buyer(s) who purchase 100% possession of the bull will be listed as the bull owner on the registration papers unless otherwise agreed upon between buyer and seller. Upon ownership, Buyer(s) will receive an agreement signed by Buyer and Seller outlining 50% semen interest owned by Seller prior to bull pick-up.

 Who sells the semen on the bull?

A collective marketing plan of semen sales will be generated between Buyer and Seller of Bull should it become necessary. For example, but not limited to example: Semen is marketed publicly by semen distribution company. The proceeds of those sales will be split 50/50 between Buyer and Seller of bull after semen distribution company expenses are deducted. Semen distribution company will be made aware of owners’ semen interest and generate payment accordingly. Such semen storage billing will also be split 50/50. 50% of semen stored at facility will be cost of Diamond K. Marketing ads for semen sales should be agreed upon by Buyer and Seller prior to a 50/50 expense payment is applied. We also understand that some Buyers will want to plan for exclusive semen sales.

Don’t want Diamond K to be partners on semen interest?

We are offering a buy-out for semen interest. Buyer may pay double the cost of bull at time of sale to ‘buy-out’ Seller’s semen interest thus ending 50% semen partnership.

Further questions?

Our intention is to outline the semen partnership agreement clearly from the beginning of our relationship and partnership. We intend to have a friendly, workable, and financially beneficial semen partnership if buyer chooses to promote bull in such a manner. No guarantee can be made on semen status or collection capabilities due to bulls young age at time of sale. However, we aim to have a successful future and intend to provide guidance as needed for success. Seller is retaining the 50% semen interest right. Buyer and Seller may agree not to collect bull. We are excited to offer such an opportunity and welcome further conversations of clarity to interested parties and buyers. Please contact Paul at (979) 251-1938 or Katy at (979) 571-7498 to discuss details prior to bull purchase.