Stallion Service Contract for Bolero 897

Transcription

1 Stallion Service Contract for Bolero 897 This Agreement, made and entered into this day of, 20, by and between Ellen Acres, 3912 Ronda Rd., Pebble Beach, CA 93953, herein after called EA and, Name of Purchaser Street Address City State Zip Country hereinafter called Purchaser, for the breeding of Purchaser s mare to EA s Swedish Warmblood Stallion, Bolero 897, for the present breeding season subject to the following terms and conditions: I. Purchaser agrees to use the frozen semen provided by EA from Bolero 897 to breed to the Mare named: Name of Purchaser s Mare Breed:, Registration #: Date of Birth: Sire of Mare: Dam of Mare: Color and Markings: All payments, notice, and inquiries under this contract must be made to Ellen Acres care of Suzanne Thomas, 3912 Ronda Rd., Pebble Beach, CA Telephone: , E- mail: EllenAcres@aol.com. II. Duties of EA: EA shall transfer dose(s) of frozen semen suitable for artificial insemination (approximately 1 billion semen/dose) to the Purchaser for $ per dose, for a total $ USD. Rights to the semen shall be transferred to the Purchaser upon EA s acknowledgment of Purchaser s fully executed Agreement and payment in full. EA shall provide breeding certificate(s) for one foal per dose of frozen semen purchased upon submission of insemination documentation certified and signed by attending licensed veterinarian. III. Duties of the Purchaser: Purchaser agrees to use the semen for the above Mare only. A substitute Mare must be approved by EA in writing. 1 of 3

2 Purchaser verifies that the Mare is healthy and in sound breeding condition and has current immunization for equine rhinopneumonitis and negative uterine culture. Purchaser shall keep the Mare in good physical condition throughout the pregnancy, vaccinate her for rhinopneumonitis at 5, 7 and 9 months of pregnancy and deworm her every six to eight weeks or as recommended by attending veterinarian. Purchaser assumes all responsibility for the condition of the Mare and bears all risk of loss or damage of any kind to the Mare or to any foal conceived as a result of this Agreement, whether such loss or damage is caused by death, disease, injury or by any cause whatsoever, whether related to the semen or not. Purchaser assumes title to the semen upon EA s signing of Agreement; receipt of payment for semen and a non-refundable booking fee in the amount of $100 (one hundred dollars). Purchase price is for the semen only. Purchaser is responsible for obtaining any necessary import license (at their own expense) and costs of semen transportation and related breeding expenses. Unless otherwise specified in writing, Purchaser must take possession of the semen either by shipment of the semen to alternate storage facilities or by opening an account at Alamo Pintado Equine Medical Center within 14 days. Failure to do so may result in additional storage fees which will be charged to the Purchaser and these fees must be paid in full prior to semen shipment. Purchaser must complete Alamo Pintado Equine Medical Center s Frozen, Transported Semen Contract to secure shipment of frozen semen. EA is not responsible for any damages which the Purchaser may sustain for lost, damaged, or delayed semen and makes no warranties with respect to any semen furnished hereunder except that at the time of shipment the semen was suitable for artificial insemination. In the event Purchaser breeds in a subsequent year, EA must be notified and the end of the breeding season and a booking fee in the amount $ must be paid each following year the Mare is bred. Other Terms: This Contract shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns and shall be construed and governed in accordance with the laws of California. Jurisdiction and venue for any action arising as a result of this Contract shall be in Monterey County, California. The parties hereto further acknowledge the within Contract is the entire agreement of the parties and that neither of the parties hereto is relying upon any verbal assurances of whatever nature that are not contained and expressed in this Contract. This Contract may not be modified, changed, or amended except in writing signed by both parties. Attorney Fee/Arbitration: 2 of 3

3 All claims, disputes and other matters in question arising out of or relating to the Agreement shall be decided by arbitration in accordance with the Rules of the American Arbitration Association then in effect unless the parties mutually agree otherwise. In the event of any dispute or arbitration proceeding between the parties, the prevailing parties shall recover costs and expenses including reasonable attorney s fees unless otherwise provided by law and any judgment or decision rendered shall specifically include such costs, expenses and reasonable attorney s fees. In Witness Whereof, the parties hereto have executed multiple copies of this Contract, each copy to have the force and effect of an original, on the day and year first above written. Suzanne Thomas Ellen Acres Date Purchaser Date 3 of 3

4 ! Frozen, Transported Semen Contract (ALL FEES ARE FOR SHIPMENTS WITHIN THE CONTINENTAL U.S. FOR ALL OTHER RATES PLEASE CONTACT ALAMO PINTADO EQUINE FOR AN EXACT QUOTE) 1) The fee schedule will be as follows: a) There will be a charge of $ for each requested shipment. This fee of $ includes the Handling Fee, Liquid Nitrogen, Dry Shipper rental, Federal Express charge to the mare and return of the Dry Shipper to APEMC. b) If requested Counter to Counter shipment (via airline), there will be an additional $250. shipping charge. c) The return of the container is included in the shipping charge. Please use the enclosed Federal Express airway bill. 2) Refunds will be given as follows: a) If Federal Express delivery is late and the mare owner requests a refund for the shipping charges the mare owner MUST notify Alamo Pintado Equine Medical Center Inc.(APEMC) within 24-hours. If Federal Express issues a refund for the shipping charges this will be refunded to the mare owner. b) Each package sent with Federal Express will be insured for $1, If Federal Express issues a refund of the insured value the mare owner will be credited the refunded value not to exceed $1, If you request a higher declared value this will need to be discussed prior to shipment. This $1, is refundable only if the Dry shipper is lost or damaged or if the semen has deteriorated due to late delivery. This is an evaluation you or your veterinarian will need to make. The mare owner will be responsible for sending a written statement to Alamo Pintado to submit to Federal Express.

5 3) The mare owner understands that deliveries are not guaranteed and agrees with the service conditions, Declared Value, and Limit of Liability of any courier service appointed by APEMC which includes, but is not limited to Federal Express, UPS, and APEMC. APEMC does not guarantee the fertility of any stallion. 4) The Mare Owner agrees that each requested shipment will be sent with Federal Express unless directed otherwise. If an overnight service other than Federal Express (such as UPS) is requested there will be an additional $20.00 charge. 5) Payment of each shipment will be prepaid by check or credit card before the dry shipper is sent out. Mare Owner agrees that with each shipment request their check will be deposited or credit card charge the appropriate fees for services rendered on the day of shipment. These services are nonrefundable unless APEMC is refunded the declared value by Federal Express. We accept Visa, MasterCard, Discover, & American Express. If paying by check and additional $1, refundable deposit for the dry shipper will be required before the shipment is sent. 6) APEMC must be notified three days before you need a shipment. Occasionally shipments can be sent sooner if we already have a dry shipper available and charged. The request for shipment may be canceled by 9:00am PST of shipment day. Do not leave messages on answering machines or voice mail as your only request. Please leave message and call back during business hours (Mon-Fri 8:00-5:00pm & Sat 8:00-12:00pm). 7) Discounts can be given in the following situations: Charging Federal Express to a different account Using your own dry shipper $60.00/shipment $75.00/shipment

6 8) The dry shipper must be back in the possession of APEMC within three business days of the day the recipient received it otherwise a $50.00/day charge will be added. Please do not return dry shippers with the US Postal Service. Once the dry shipper is delivered to the shipping address it is the Mare Owner s responsibility until it is signed for at its return to APEMC. If the dry shipper is not returned to APEMC the deposit will be used or the credit card charged $1, Please return the Dry Shipper to: APEMC, Attn: Christina Quintiliani, 2501 Santa Barbara Ave., Los Olivos, CA 93441, (805) ) The mare owner agrees to provide the following information in writing: Stallion you are breeding to: Mare(s) registered name and registration number: Shipping Address: (NOT a PO Box) Telephone: Billing Address: Telephone: Credit Card Number: Exp.: 3-digit scurity code (on back of card): Billing Address of card: Name as it appears on the card:

7 The mare owner agrees with the above conditions and understands that Alamo Pintado Equine Medical Center, Inc. is not liable for any damages whether direct, incidental, special or consequential due to the failure of delivery or condition of the contents of the shipments. Signature: Date: Name (Print):