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REGULATIONS RELATING TO THE TRANSFER, SALE OR LEASE OF CATTLE

This section sets out the Association's registration requirements for registration in the herd book of the transfer of ownership of registered cattle.

3.1 Transfers
On the sale/lease of any cattle registered in the Association's Herd Book where the purchaser/lessee wishes registration to continue, the vendor/lessor shall supply the purchaser/lessee with a transfer certificate on the form prescribed by the Council, duly filled in and signed by the vendor/lessor. The purchaser/lessee shall immediately sign and forward the transfer certificate to the Association for registration. The fee for the year current is defined under "Schedule of Fees" which is appended to these regulations.
A Transfer must be registered with the Association within ninety days of sale or lease. Any transfer not registered within this period will be accepted for registration only upon payment of a penalty fee as detailed under "Schedule of Fees".
The purchaser or lessee shall (except as hereinafter mentioned) be responsible for payment of all transfer fees to the Association. In the case of animals sold for export the transfer fees will be payable by the vendor, together with an export certificate fee.
The official forms of the Association must be used in all cases of transfer.
The vendor/lessor shall provide the purchaser/lessee with copies of all documents arising from prior Inspection of the animals concerned. In the event that such documents cannot be located, copies may be procured from the Association by the purchaser at the vendor's expense.
The Council may, by special resolution, and without stating any reason, refuse to register any transfer.
A 1% commission is payable by the vendor to the Association on the gross price excluding GST of all animals sold with transfer. The Association may refuse registration of a transfer until the commission is paid.
The Registry staff have the right to register bulls on receipt of a transfer certificate. The transfer fee is payable by the vendor.
Where a deed of bailment has been entered into, a schedule of the cattle bailed must be sent to the Association by the owner within 90 days of bailment, for registration in the bailee's name. A bailment fee is payable to the Association by the bailee.

3.2 General Provisions Relating to Guarantees
All disputes relating to the fertility of an animal, or any other matter relating to the sale or transfer of an animal shall be submitted to a single arbitrator to be appointed by the N.Z.A.A., such arbitration to be carried out in accordance with the provisions of the Arbitration Act 1993 or any then statutory provisions relating to arbitration. This provision shall bind executors or administrators of a vendor.

Bulls
The sale of bull ipso facto carries with it a guarantee by the vendor that the purchase price (without interest, expenses, cots or damages) will be refunded should the bull prove totally infertile or incapable of service.
In the case of the sale of a bull, whether or not a transfer is issued, any complaint relating to the fertility of the bull must be lodged by the purchaser with the Association Office within twelve calendar months from the date of sale.
There shall be a trial period of twelve calendar months from the date of every sale to test the fertility of the bull ("the guarantee period"). If within the guarantee period it shall be proven conclusively by veterinary tests that the bull is infertile or incapable then the purchase price shall be refunded by the vendor to the purchaser in full within 28 days of the production of such veterinary report and thereupon ownership of the bull shall revert to the vendor.
If there is any dispute regarding the evidence presented, or the circumstances surrounding the failure of the bull, then the matter shall be referred to arbitration pursuant to regulation 3.4.1.
The purchaser shall throughout the guarantee period:-
Give the bull full and sufficient opportunity to prove his serving capability and fertility and ensure that the bull is maintained in good health and condition.
Failure on the part of the purchase to comply with the foregoing conditions shall render the guarantee void.
The cost of taking delivery and of returning any animal under dispute to the vendor shall be borne by the purchaser. The guarantee is limited to the purchase price of the animal and does not extend to other losses resulting form the bull's failure to perform.

3.3 Fertility guarantee (Females)
The sale of a female sold with transfer )except calf at foot) ipso facto carries with it a guarantee by the vendor that the purchase price (without interest, expenses, costs or damages) will be refunded should the female prove to be infertile. This guarantee shall bind the executors and administrators of a vendor.
In the case of the sale of a female sold with transfer (except calf at foot), any complaint relating to the fertility of the animal must be lodged by the purchaser with the Association Office within twelve calendar months from the date of sale.
If within that period of time veterinary evidence is presented showing that the animal is incapable of producing a calf for reasons which pre-date the sale, then the purchase price shall be refunded by the vendor to the purchaser in full within 28 days of the production of such veterinary report and thereupon ownership of the animal shall revert to the vendor.
If the female has been artificially inseminated and then run with a follow up bull, the date of the AI and the date of the agistment with the follow up bull with be shown on the documents.
Females that are offered for sale having been ovum transplanted are to be accompanied by a ninety-day positive pregnancy test certificate signed by a registered veterinarian. Certification as required by the Association relating to embryo transfers must be supplied by the vendor.
The cost of taking delivery of, and returning any animal under dispute to the vendor shall be borne by the purchaser. A veterinary surgeon's certificate shall be procured by the purchaser and submitted to the arbitrator if required. The guarantee is limited to the purchase price of the animal and does not extend to other losses resulting form the animal's failure to breed.
In the case of dispute the matter shall be referred to arbitration pursuant to Regulation 3.4.1

3.4 General Provisions Relating to Guarantees
All disputes relating to the fertility of an animal, or any other matter relating to the sale or transfer of an animal shall be submitted to a single arbitrator to be appointed by the N.Z.A.A., such arbitration to be carried out in accordance with the provisions of the Arbitration Act 1993 or any then statutory provisions relating to arbitration. This provision shall bind executors or administrators of a vendor.
Without being binding upon the parties in dispute the suggested guidelines for refund of payments for animals found to be unsatisfactory are as follows:

After 1 season - 75% refund
After 2 seasons - 50% refund
After 3 seasons - No refund

In cases where a refund is made, the vendor has the right to repossess the animal at the purchaser's expense following settlement.