6415.1 RULE 15 - SALESPreliminary: the subjoined rules are prescribed for the use of members of theSociety who may be desirous of adopting them and are applicable to sales ofThe British Simmental cattle by auction. They shall, in any case, be applicableto all collective sales held under the auspices of the Society and shall beapplied and enforced by Auctioneers appointed by the Society to organise andconduct such sales.Only full members of the Society are eligible to sell cattle at Official SocietySales and are bound by the rules governing these sales.15.2 SALES COMMISSIONS1) At official sales, which are classified as a production, reduction or dispersalsale the auctioneers will collect on behalf of the Society 1.5% of the totalincome of the registered cattle sold.2) At official sales, which are classified as collective sales all animals will besold in guineas. The Society will collect as a commission a percentage of theguinea as agreed with the appointed auctioneer prior to the sale.15.3 AUCTION RULES15.3.1 The advertisements and catalogues of sale shall state plainly that the sale isto be held under the British Simmental Cattle Society Auction Sale Rules andsubject to recommended Conditions of Sale of the National Beef Association.15.3.2 In all published particulars of female animals to be sold, the Auctioneers shallstate the date of the last service in the catalogue of sale, or at the time of sale.In the event of a cow or heifer having been running with a bull, the date of boththe commencement and the termination of the running period must be statedand in the event of a cow or heifer having been inseminated by two or morebulls, or by the same bull at different heat periods, the names of all such bullsand the dates of service or insemination must be given.NB: If there is an interval of less than three weeks running period and anindividual service or insemination by different bulls, Vendors must ensurethat all bulls concerned are DNA profiled at the time of use so that, in theevent of any question as to the identity of the sire of any calf being raisedby a Purchaser after the sale, a DNA profile check can be arranged by theSociety on the Purchaser’s behalf, but at the expense of the Vendor, to preventthe necessity of cancellation or refusal of registration which otherwise mightresult. Arrangements for the DNA profiling of the bulls concerned should bemade through the Society so that records can be kept of all details, both by theSociety and the DNA Profiling Centre.15.3.3 The minimum selling age for bulls entered in Official Collective Society Sales is14 months. The maximum showing age is 2 years old.15.3.4 An animal cannot be substituted into a collective sale after the catalogue forthat sale has been printed.15.3.5 Vendors whose animals have been officially weight-recorded by Breedplan willhave the full range of EBV’s and Society Index Information published in thecatalogue of sale to the following criteria:It will be necessary to birth weigh calves and have a scan and authenticatedweight done around 400 days (300-500). For EBV figures to be published inSociety sale catalogues and on display cards at the Society Sales.Bulls born after 1st June 2008 will have to be scanned and calves born after1st March 2009 will have to be weighed at birth (the official tape measureweight will be accepted).. Additionally an animal under one year of age will beeligible to have figures printed if it has any breedplan recorded weights.Apart from the publication of Breedplan recorded data in the catalogue of sale,no other unofficial data may be given at the time of sale and Vendors are notpermitted to display unofficial or non-authenticated data in the sale premisesor on the lairage pens.15.3.6 In all cases where a female has been flushed for embryo transplant purposessuch fact must be stated on the entry form and will be printed in the catalogue.15.3.7 All pedigree animals catalogued for sale that have Graded or Polled status willhave their status and pedigree clearly printed in the catalogue.15.3.8 Where a registered Simmental female is entered in a sale as being in calf, thecatalogue will clearly state the service sire details.15.3.9 All statements made in the sale catalogue are the entire responsibility of theVendor.15.3.10 A Dispersal Sale means the selling of all live Simmental cattle and embryosowned by the member dispersing the herd. Breeders holding a DispersalSale may retain bulls for sale providing they are sold within six months of theoriginal Dispersal Sale date. Any bulls to be retained for this purpose mustbe declared in the Sale Catalogue. Breeders may also retain cattle semenfor future use and sale providing all details of this are declared in the SaleCatalogue.NB: If any other cattle are to be retained by the vendor then the sale will beclassed as a Reduction Sale and not a Dispersal Sale.The Herd Prefix ceases immediately after the Dispersal Sale is completed butmembership will not cease until the current Subscription year, relevant to sale,ends. A review of the Sale will be carried out by the Society office once thesale information has been received from the Auctioneers. New membershipis only required if the member wishes to set up a new herd prefix. Associatemembership is available for those wanting to continue to receive The AnnualReview and Newsletters.15.3.11 The name and address of the Vendor (if more than one Vendor, the names andaddresses of each Vendor, together with a clear indication of which Lots in thecatalogue belong to each Vendor) shall be stated in the catalogue of sale.15.3.12 If a bull from which semen has been taken and stored is offered for sale it mustbe stated in the catalogue whether the semen so stored is to pass with thebull or whether it is to be retained by the Vendor. Breeder guarantees shall notapply to sales of stored semen.15.3.13 No animal at a dispersal sale (as distinct from a collective sale) shall be offeredsubject to a reserve bid, the sale of an animal privately prior to the auctionis not permitted, nor shall the Vendor bid directly or indirectly for any animalexcept through the Auctioneers. If, at any time within 3 months after the dateof sale any animal offered and bid for at the sale, and not offered subject to areserve bid, shall be upon the Vendor’s premises or exhibited at any show inhis name, except for good reason to be established to the satisfaction of, andapproved by the Council of the Society, the fact shall be deemed conclusiveevidence that the Vendor has committed a breach of these Rules.BSCS - CONDITIONS OF SALE15.3.14 Members may enter an animal in two or more Official Collective Society Sales,during the same sale season, subsequent to animal movement restrictions inforce at the time of sale.15.3.15 Any animal entered for sale, which is a twin or is otherwise one of a multiplebirth must be so described in the catalogue. If it is a twin this descriptionshall state whether it is twin to a bull or a heifer and if it is otherwise one of amultiple birth this description shall state the sex of the other calves. A heiferthat is twin with a bull or is otherwise one of a multiple birth which includes abull calf cannot be entered for sale until she has been certified pregnant by aVeterinary Surgeon, except in a dispersal sale in which case it shall be stated inthe catalogue of sale that the sale of the twin animal is subject to the Society’sRules and Conditions.15.3.16 All calves offered for sale must be identified in accordance with the Society’sregulations and must have been registered or birth notified with the Societyby the Vendor, or the entry must have been lodged with the Manager of theSociety. The Auctioneers shall have power to deduct from the sale proceeds asum of money sufficient to cover the costs of such registration or notificationin the BSCS Herd Book, if such cost or fees have not been paid by the Vendorat the time of sale. Calves at foot can be sold as Birth Notified.15.3.17 The Auctioneers shall furnish to the Society, within one week of the sale, adetailed summary of the sale showing the price of each individual Lot sold, theprice bid for each individual Lot unsold by reason of failure to reach the statedreserve price, the full name and address of each purchaser and the averageprice realised for each distinct class of animal sold. Such summary list shallalso include full details of any addition, amendment or correction to any of thedetails printed in the catalogue.15.3.18 Members electing to sell their cattle subject to these Rules shall have theoption of offering their animals subject to the rules governing the importationof bovines into all countries. Such an option must be indicated by the Vendorin the catalogue of sale.N.B. Animals, which are offered for export sale, are the subject of specialconditions, which are binding upon both Vendor and Purchaser.15.3.19 In the case of any animal to be sold that has been involved in any way in theprocess of embryo transplant the following information shall be clearly statedin the catalogue of sale:-(a) In the case of an animal whose birth is as a result of embryo transplant thefact shall be clearly stated.(b) In the case of a female that has been flushed for embryo transplantpurposes, it shall be clearly stated in the catalogue for sale:[i] how many times she has been flushed;[ii] how many embryos have been implanted;[iii] how many embryos have been frozen but not yet implanted.15.3.20 For production, reduction and Collective Sales all udders are warranted soundand the vendor must declare any faults, defects or unsoundness at the time ofsale.15.3.21 If a member of the Society shall commit or knowingly suffer any breach ofthese Rules he or she shall be deemed guilty of conduct derogatory to thecharacter and prejudicial to the interests of the Society’s Memorandum &Articles of Association and Rules as the case may be.15.3.22 Notwithstanding anything in these Rules contained, the decision of theCouncil shall be in all matters final and binding on all parties and the Councilmay order the payment of such costs and expenses as it thinks fit.A member of the Society being a party to a dispute shall have the right torequire the Council of the Society to settle the same.15.3.23 Calves sold suckling their dams are given to the purchaser free and noguarantees apply unless specifically stated by the Vendor at the time of sale.Calves sold suckling their dams at any sale under Society rules will be subjectto an identity inspection only.15.3.24 Where a cow or heifer calves at a later date than the date stated in thecatalogue, the onus of proving identity of the service bull shall be upon theVendor.15.3.25 Any female [cow or heifer] that has been flushed for embryo transplant willbe EXCLUDED from the terms of this guarantee but individual Vendors ofsuch animals shall have the opinion of giving their personal guarantee, to beannounced at the time of sale. All claims under National Beef AssociationTerms & Conditions of Sale must be submitted within the correct time limitsin writing to the Auctioneers who will forthwith inform the Vendor and theSecretary of the Society of the receipt of a claim.15.3.26 DNA TYPING OF STATED SIRES WHEN SELLING FEMALES IN CALFAs from 1st October 2008 it will be the Vendor’s responsibility to have aSire DNA typed if the vendor is selling Females in-calf to a stated sire. If theSire is no longer available and has not been DNA typed it is the Vendor’sresponsibility to declare this in the Sales catalogue. (This rule also applies toPrivate Sales).To clarify: if a Sire is not DNA typed the Society cannot register his progeny. Toobtain a sire profile without the sire, 5 progeny and their dams have to be DNAtyped, this is 10 DNA profiles at a cost of £23.10 + VAT each. The purchasermust be made aware by the vendor of the potential registration problems andcosts.15.4 SPECIAL REGULATIONSPreliminary: It may be necessary for a sale to be cancelled at any time and theSociety retains power for this purpose. The Society also reserves the right tolimit the number of entries from any one Vendor should such limitation, in itsopinion, be necessary or desirable.15.4.1 All BSCS registered males and females to be offered for sale as single lots[except calves sold at dam’s side].15.4.2 All cattle entered at collective Official Society sales must be trained to lead byhalter and be lead by halter during inspection and sale. Any animals not haltertrained must be entered as a DRAFT and not into the collective sale. Animalsare not eligible for showing unless halter trained.
6515.5 REJECTED ANIMALSAll animals forward for the inspection at official collective Society sales will besale numbered. An animal, which fails any part of the pre-sale inspection, willhave its ticket red spray marked. These animals will be eligible to remain intheir allocated pens but must not have their spray marked numbers removed.Any vendor or his representative failing to comply with this will be subject todisciplinary action by the Society.15.6 ANIMAL IDENTIFICATIONAt the point of inspection all animals born after 01 January 1998 must beclearly identified in accordance with Rule 3.11 This includes all calves atfoot. Animals presented for sale, born before 01 January 1998, must clearlytattooed in either ear as detailed on the official pedigree certificate. PLEASENOTE: As from July 1995 the tattooing of suffixes indicating FOT, Britishpedigree status and polled status was no longer required. Animals with faintor incorrect ear tattoo numbers must be tagged prior to the sale subject tothe prior approval of the Ministry and the Society subsequently should beinformed. After entry into the market, all animals with a faint or incorrectidentity will be rejected by the inspectors.15.7 WEIGHTSAll bulls entered for BSCS Official Sales will be weighed by an independentSociety Officer and these weights can be announced at the time of sale. Bullsmust satisfy the minimum weight for age standards for BSCS National Salesas outlined in Appendix B. Bulls not attaining the minimum weight at the pointof inspection will be rejected from the sale and cannot be represented for asecond weighing.15.8 VETERINARY INSPECTIONAll animals must be placed in a suitable crush in the market to allow theSociety’s Veterinary surgeon to carry out inspections at collective sales. Allanimals rejected on veterinary or breed standard grounds will not be allowedthrough the sale ring.Animals entered as a DRAFT will be inspected in their pens. Breeders and orVendors, or their representatives, must be present at the time of inspection.15.8.1 TeethTeeth must make proper contact with the dental pad of the upper jaw but dueallowance will be made for the age and dental development of the animal.Any animal with severely undershot or severely overshot jaws will be rejected.Where the veterinary surgeon declares that an animal is marginally overshotor undershot that animal may still be offered through the sale. The Auctioneerwill announce that at the point of inspection of animal was found to bemarginally overshot or undershot. Any animal declared by the vet as havingmarginal teeth will be allowed past the panel but noted for future reference bythe Society.15.8.2 TesticlesBull’s testicles will be measured and inspected by the veterinary surgeon. Theymust be a minimum size of 36 cm in circumference (14 Months), and 38 cm(over 18 months), measured at the widest point of the scrotum. The vet retainsthe right at his discretion to reject any bulls with uneven or soft testicles.15.8.3 WartsAnimals with active warts must be treated by the member’s veterinarysurgeon at least a month before the sale, and a vet’s certificate should beavailable for inspection at the Sale.15.8.4 General HealthAnimals with active infections, a contagious disease, or a disorder or condition,may be rejected by the veterinary surgeon. Minor injuries may be treated bya veterinary surgeon in the market but this must be announced at the time ofsale. The decisions of the veterinary surgeon appointed by the Society are finaland binding. Any animal, which is considered by the vet to be not in a healthyand proper condition to be presented as representing a good specimen of thebreed at an official collective sale, will be rejected.15.9 BREED INSPECTION15.9.1 Breed StandardsAll animals must conform to Simmental breed standards – please refer to Rule 1.15.9.2 TemperamentAnimals, which exhibit poor temperament in the market or during inspection,will be rejected by the inspectors.15.9.3 Blood\DNA TypingInspectors reserve the right to take blood sample or a hair sample fromany given animal for the purpose of confirming parentage, detecting illegalsubstances or for other veterinary tests at their absolute discretion.15.9.4 Rejected cows with calves at footIf a cow is rejected from the pre-sale inspection the calf at foot cannot be soldon its own unless it has been entered in the sale catalogues as an ‘A’ lot.15.9.5 Inspection of ‘A’ lotsWhere a calf at foot offered at a collective sale is catalogued as an ‘A’ lot thatcalf will be subject to a Identity check only.15.10 AppealsThe decisions of inspectors are final and binding on vendors. There is noformal appeals procedure.15.11 Exhibitor RequirementsExhibitors will, in all cases, be responsible for the care of their stock.15.12 Each exhibitor must have at least one person in charge of his stock, which shallbe in such person’s sole care.15.13 All animals are accepted for sale on the terms that the Vendor warrants hisor her right to sell the same and undertakes to indemnify the Society and theAuctioneers against all actions, proceedings, claims, demands, costs, chargesand expenses to which they may be exposed by reason of any defect in theVendor’s title.15.14 All entries must be made on the approved or official Entry Form available fromthe Auctioneers and must be received by the appointed Auctioneers not laterthan the date stated in the Sale Schedule. Irrespective of circumstances, LATEENTRIES WILL NOT BE ACCEPTED.15.15 All entries must be accompanied by the Society’s Official Pedigree Certificaterelating to the animal[s] entered or they will be returned. Pedigree Certificatesfor unsold animals will be returned to the Vendors after the sale. For allanimals sold at the sale the Pedigree Certificate will be given to the purchaserat the Sale. Transfers for all animals sold at the sale can only be completed bythe Society upon instruction from the new owner. The official A.I. Certificatemust accompany the entry of a female that has been artificially inseminatedand will be sold in calf.15.16 No liability whatsoever is undertaken by the Society or the Auctioneers forany error or mis-statement on the Entry Form, and all information given on theEntry Form is the sole responsibility of the Exhibitor.15.17 Every Vendor, or an authorised representative, is responsible for presentinghis or her own animals to the sale ring at the due time, in accordance with theorder of sale. Any animal not presented for sale in the correct order will be soldat the end of the sale.15.18 In the event of any alteration to the catalogue particulars being necessary, theVendors must furnish full details of such alteration to the Auctioneers beforethe commencement of the sale, which shall then be announced from therostrum at the time of sale. Such statements made from the rostrum shall takeprecedence over the catalogue information.15.19 All animals will be sold in GUINEAS [105 pence] and a commission of 5p in theGuinea [plus VAT] will be charged by the Auctioneers on all sales.15.20 All bulls forward at a collective sale will be subject to the Society’s upset priceof 1200 guineas (increased from 1000Gns as of October 2009). The Society’sCouncil retain the right to alter the upset price for bulls at its discretion.15.21 females forward at collective sales, nominated by the Society’s Council, willnot be subject to any upset price. The Council retains the right to set or alterthe upset price for females at its discretion.15.22 No animal, once delivered to the Sale Premises, may be sold privately prior tothe Sale but must be passed through the auction sale except in the case ofinjury or, for females in the process of calving, at the discretion of the Stewardsand subject to Health regulations applicable at time of sale.15.23 Any animals in the Sale Premises which are sold by private treaty after theauction are subject to the full commission on the price realised and all suchtransactions must be passed through the Auctioneers in order to safeguardboth the vendor and the buyer.15.24 The sale proceeds are guaranteed by the Auctioneers [except in the case ofanimals sold for export for which special conditions apply] who will account toVendors within 7 days of the sale.15.25 All animals will be at the risk of the Vendor up to the fall of the hammer and atthe risk of the Purchaser thereafter.NOTE: Special Conditions apply to the sale of animals for export.15.26 There is no upper or lower age limit for cattle handling, although auctioneersand/sales’ centres may impose their own ruling. However, it is important toensure that all handlers are in good health and properly trained to lead anyanimal, either on parade, show or in the sale ring.15.27 In case of any violation of these Regulations, or of any false statementsbeing made by a Vendor regarding his or her entry or entries or any other actcalculated to deceive the Stewards, Society inspectors, appointed Auctioneersand their servants, or to mislead the public, the animals by such Vendor shallbe rejected from the sale and removed from the Sale Premises. The personor persons offending and the specifics of the offence will be referred to theSociety’s disciplinary procedure.15.28 The Society will endeavour to prevent any breach of these Rules, but nowarranty whatsoever, is given by the Society in respect of the observanceor any breach of the Regulations or in respect of any animal that has beenentered at any such Sale nor shall any warranty on behalf of the Society beimplied.15.29 The Council of the Society reserve the right to refuse the entries for the Saleof any person without being called upon to give their reasons, also the right toamend, vary or supplement these Regulations.15.30 Health Scheme RulesAny member selling cattle at official sales from the 1st January 2011 must bea member of a CHeCS licensed herd health schemeAll official Society sales to come under Health Scheme Rules.BVDAll male animals from 1st Jan 2011 and all female animals from 1st October2011 must adhere to the following rules on BVD.Animals from non accredited herds must be blood tested for antibody andantigen and vaccinated in advance of a sale, through their CHeCS schemeprovider.Animals from accredited herds must vaccinate their animals before they cometo a sale.Pregnant animals must have had testing and vaccination completed prior toservice.In both the above cases, if animals have not been vaccinated previously, adouble course of vaccine needs to be administered with around a three weekgap between doses.In reality a period of around 6 weeks prior to sale should be allowed.To allow the vaccine to become effective, animals should not be sold until atleast 2 weeks after the second dose.Johne's diseaseAll herds to be screening for Johne's disease by 1st January 2012( if selling atSociety sales)Members with pedigree & commercial herds can test their pedigrees only, ifthey are run separate from the commercial herd.(In an agreement with their vet or CHeCS scheme provider)Cattle Health Declarations at SalesDeclarations will continue to be put in the index at the front of the catalogue.NO foot notes will be allowed to contain any health declarations.NO unofficial cards or statements to be displayed on pens.Members should apply to their Health Scheme Provider for an animal healthdeclaration card prior to the sale.15.31 DNA for Society SalesFrom 1st January 2013 all bulls at Society Sales must be pre sale DNA sireverified. Costs will apply.