Contract for Purchase of Proven Female Alpaca
This contract must be agreed upon to buy our alpacas at auction.
Rev. FEB 2017 Stirling Ridge Alpacas
Contract for Purchase of Proven Female Alpaca
Date: ________________
Parties:
"Seller:"
Stirling Ridge Alpacas
Blake V. and Deborah A. Blakey
5120 Robinson Park RD
Moscow, ID 83843
Phone: 208-882-9432
Email: [email protected]
Web: StirlingRidgeAlpacas.com
"Buyer:"
Name of Farm______________________________________________________________________________
Name of Buyers____________________________________________________________________________
Address _____________________________________________________________________________________
City, State, Zip
______________________________________________________________________________________________
Telephone Email
Identity of Alpaca(s):
1.____________________________________________________________________________________________
Alpaca's Name DOB ARI # Microchip #
2._____________________________________________________________________________________________
Alpaca's Name DOB ARI # Microchip #
Agreements:
1. Property. Buyer agrees to purchase the bred female alpaca(s) identified in this contract.
2. Price. The total purchase price is $______________. The purchase price shall be paid in full in U.S. currency before Buyer is entitled to possession of the animal(s). Total price shall be received in cash (or by money order or certified cashier’s check) within 72 hours of purchase at the close of the auction, unless other arrangements have been made in writing between Buyer & Seller.
3. Transportation. Transportation of each animal is the sole responsibility of the Buyer. Seller agrees to transport for free if the Buyer is within 150 miles of Moscow, ID, dependent on safe weather conditions.
4. Breeding and Live Birth Guarantee. The alpaca listed as #1 above will be bred to: McTavish or Dirk, Logan or Wallace.
Buyer's choice is ___________________________________.
Alpaca #2 (if applicable) will be bred to __________________________________________. Pregnancy will be confirmed by ultrasound by_______________(date within 120 days of first breeding). A copy of this confirmation will be provided to the Buyer by the Seller. Each pregnant female alpaca will have a live birth within 18 months after the date of this contract. A live birth is defined as one in which the female maintains her pregnancy to full term and delivers a cria that lives for at least fourteen (14) days. If a female fails to produce a live cria in this time frame, the Seller will rebreed the female to a herdsire owned by the Seller with free boarding for up to 90 days during the breeding period. If the female was bred to a stud not owned by the Seller, rebreeding agreements and live birth guarantees are limited to the length of time stated in the breeding contract of the stud owner. The transportation of the female to and from the Seller’s farm, to and from the stud owner’s farm, the cost of ultrasound testing for pre-breeding and confirmation of pregnancy, and other care, medicines, or special feed required is the responsibility of the Buyer.
If the female alpaca cannot produce a live cria under the conditions stated above, the Seller will replace the alpaca purchased with an alpaca of the same sex and value from the Seller’s existing herd, or at the option of the Seller, refund any deposit or purchase price paid by the Buyer to date, providing that Buyer convey the animal back to Seller, free and clear of any liens or encumbrances, and execute a release of all claims arising out of this contract. Buyer acknowledges and accepts there may be up to a 12 month delay before Seller may be able to offer a suitable replacement.
5. Boarding. No boarding or agistment fees will be charged during the time each alpaca is kept at the Seller’s farm, up to thirty (30) days from date of this contract. After that, Buyer agrees to boarding fees of $3/day per animal. $1/day boarding fee will be charged if buyer desires to keep the female on the selling farm once she is pregnant until birth of cria. Boarding fees will be due at the end of each month the alpaca is kept at the Seller's farm. Failure to pay within 10 days of due date will result in the relinquishment of the alpaca to the Seller unless other arrangements have been made and agreed upon by both parties. Other documented expenses incurred in the care of the alpaca(s) during the boarding period at the Seller’s farm will be reimbursed by the Buyer to the Seller. Such expenses could include veterinary care, medicine, special feed, transport to the veterinarian, or other similar expenses. The Seller will provide each alpaca with the same day-to-day care and routine attention the Seller’s provide to their own animals, including provision of continuous access to food, water, and shelter. The Seller will also visually monitor each alpaca to identify obvious injuries or signs of illness (such as diarrhea, inability to walk, or similar conditions) or significant weight loss or lack of weight gain in crias.
If any concern for the health of any alpaca boarded at the Seller’s farm should arise, the Seller will attempt to immediately notify and consult with the Buyer about the appropriate steps to be taken. In case of emergency and/or the Seller’s inability to contact the Buyer, the Buyer hereby authorizes the Seller to use their best judgment and agrees to reimburse the Seller for all documented expenses incurred on the Buyer’s behalf.
In any event, it is expressly agreed that the Seller is not an insurer of the alpaca’s health and well-being, and will not be responsible for any harm that may befall the alpaca absent obvious and verifiable negligence by the Seller in providing the care described above. The Buyer agrees that his or her sole remedy for any death or injury to any alpaca while it is in the care of the Seller is to seek reimbursement under the terms of his or her insurance policy.
6. Insurance and Risk of Loss. A standard insurance examination will be conducted by a qualified veterinarian at the Seller’s expense, within ten (10) days of this contract. A written copy of this examination will be provided to the Buyer. If the examination indicates genetic defects or other major health problems, the Buyer may cancel the purchase within five (5) days of the examination and obtain a full refund (purchase price in paragraph 2) for the animal should it fail the examination. (A more extensive examination may be made at the Buyer’s direction and expense: see paragraph 7). Risk of loss shall pass to the Buyer upon entering into this contract for purchase with the successful completion of this insurance exam. Insurance responsibility for this alpaca shall then pass to the Buyer, should they choose to insure.
7. Buyers' Option For Independent Prepurchase Examination. Prior to purchase, the Buyer is offered the option by Seller to undertake a full veterinary examination of each animal, using a veterinarian of Buyer’s choosing, at Buyer’s expense, and within 25 miles of Seller’s farm. If this option is desired, it will be undertaken before Buyer obtains possession and within seven (7) days of the purchase date. Buyer shall provide Seller with a written copy of the veterinary exam. If the examination indicates genetic defects or other major health problems, the Buyer will notify Seller before delivery of possession and within three (3) days of the examination. Within that time only, Buyer shall have the option to rescind this contract and obtain a full refund for the animal failing the examination as agreed under paragraph 2. By virtue of the benefit of this provision for an independent medical examination, Buyer foregoes any claim that the animal is defective, or fails to conform to the contractual terms, because of adverse health conditions of any kind.
8. Buyer’s Duty to Follow Proper and Accepted Practices of Care and Management. In order to obtain the benefit of the express warranties made part of this contract, the Buyer agrees:
A. to provide the Seller with prompt notice of any suspected problems;
B. to consult with the Seller on matters of care and breeding protocol;
C. to provide proper and reasonable care to the alpaca(s) using standard accepted practices of camelid veterinarian care;
D. and to maintain accurate and complete records of all care and breeding efforts for each animal.
Examples of lack of care voiding these guarantees include:
A. failure to provide adequate means to avoid heat stress, including shearing the alpaca each year in the spring;
B. improper feeding and nutritional practices leading to starvation or obesity;
C. improper breeding practices, including overbreeding (specifically, breeding should take place no more than 3 times, having one-week intervals between each breeding);
D. failure to provide proper veterinary care (vets experienced with alpacas) when needed;
E. failure to provide proper fencing to protect the alpaca from outside predators;
F. failure to provide the alpaca with a companion alpaca (alpacas do not live well without another alpaca within sight).
Failure in any of the provisions stated above void the warranty and the Buyer may not exercise the remedies offered by this contract.
9. Buyer’s Promise to Maintain the Welfare of the Alpaca(s) Purchased. (We care very much for our alpacas and want them to be well cared for. We want to see, before the sale, that the Buyer has the means to properly care for an alpaca sold to them.) The Buyer agrees that they have no intention of harming the alpaca named in this contract. The alpaca will not be hunted or slaughtered for meat or hide. The Buyer will show the Seller the Buyer’s ability to provide proper shelter, fencing, and a companion animal by using FaceTime, skype, or a video made by the Buyer and emailed to the Seller within 48 hours of the sale of the alpaca at auction.
9. Passage of Title and Possession. Upon payment in full, delivery to Buyer by Seller of the ARI Registration Certificate(s), properly executed to effectuate a transfer of ownership to Buyer in accordance with rules and regulations of the ARI, and the delivery of possession of the animal(s) to Buyer, then title shall pass to Buyer. Delivery of the registration will take place at within 35 days of end of auction date.
10. Warranty of Title. Seller warrants that their title to each animal is free and clear of any liens, encumbrances, security interests, or other impediments to clear title of any kind. Seller transfers to Buyer free and clear title and agrees to indemnify and hold Buyer harmless from any claim of third parties to right of possession, encumbrance, lien, security interest or title to the animal(s).
11. Waiver of Implied Warranties. The implied warranties of merchantability and suitability for a particular purpose are waived. There are no warranties which extend beyond the description on the face of this contract. Each animal is sold "as is." In lieu of any implied warranties, each animal sells with the written, express warranty, and specific rights and remedies in this contract, and no others.
12. Seller's Express Warranties. Seller warrants each female is a proven breeder, capable of reproduction, having borne and suckled offspring. Seller warrants that each animal's complete medical history is set forth in the attached copy of its medical and reproductive records, as maintained by Seller in the ordinary course of its business. Seller is not aware of any current adverse medical condition in the animal(s). Seller warrants that the alpaca's genealogy is correct as set forth on her ARI Registration Certificate, a copy of which is attached. The alpaca's medical and reproductive records and its ARI Registration Certificate are merged into, and made a part of, this contract.
13. No Other Warranties. No other warranties are made. All descriptions and representations about the animal(s) are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the animal(s) except as set forth in this document.
14. Nonassignment. The warranties and remedies under this contract are nonassignable and apply only for the personal benefit of the Buyer. The warranties and the remedies shall be void and lapse in the event of any sale or transfer of any interest (including transfer or part-ownership) in the alpaca(s).
15. Entire Agreement. This is the entire agreement between the parties. All previous discussions and negotiations have been merged into this written contract.
16. Jurisdiction and Venue. If any dispute arises between the parties, venue and jurisdiction shall lie with the state and judicial district where Seller resides. In addition to legal relief, a court is hereby authorized to grant injunctive, declaratory, or other appropriate equitable relief to enforce both the grant and the limitation of warranties and remedies as set forth by this contract.
17. Attorney's Fees. In any legal proceeding arising out of this contract, each party shall pay their own attorney's fees and costs of suit.
18. Limitation of Damages. In no event shall damages be awarded in any legal proceeding for the Buyer’s incidental or consequential damages of any kind, including, but not limited to, lost profits, lost stud service income, or lost production.
19. Requirement of Timely, Written Notice of Claim. No legal proceedings shall be instituted arising out of this contract unless written notice is delivered by Buyer to Seller within twelve (12) months of the date of this agreement, which notice shall specify the grounds upon which Buyer asserts their claim, and gives Seller reasonable opportunity to respond and offer to cure the alleged breach, if appropriate.
20. Other Specific Terms Agreements. Seller agrees to transport alpaca(s) at no cost to Buyer within 100-mile radius of Seller’s farm; discount for miles over 100.
Other:____________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
We agree to all the terms of this contract as signed below.
Signed:
_________________ _________________
Date Date
________________________________________ _______________________________________
Seller Buyer
________________________________________ _______________________________________
Seller Buyer
Contract for Purchase of Proven Female Alpaca
Date: ________________
Parties:
"Seller:"
Stirling Ridge Alpacas
Blake V. and Deborah A. Blakey
5120 Robinson Park RD
Moscow, ID 83843
Phone: 208-882-9432
Email: [email protected]
Web: StirlingRidgeAlpacas.com
"Buyer:"
Name of Farm______________________________________________________________________________
Name of Buyers____________________________________________________________________________
Address _____________________________________________________________________________________
City, State, Zip
______________________________________________________________________________________________
Telephone Email
Identity of Alpaca(s):
1.____________________________________________________________________________________________
Alpaca's Name DOB ARI # Microchip #
2._____________________________________________________________________________________________
Alpaca's Name DOB ARI # Microchip #
Agreements:
1. Property. Buyer agrees to purchase the bred female alpaca(s) identified in this contract.
2. Price. The total purchase price is $______________. The purchase price shall be paid in full in U.S. currency before Buyer is entitled to possession of the animal(s). Total price shall be received in cash (or by money order or certified cashier’s check) within 72 hours of purchase at the close of the auction, unless other arrangements have been made in writing between Buyer & Seller.
3. Transportation. Transportation of each animal is the sole responsibility of the Buyer. Seller agrees to transport for free if the Buyer is within 150 miles of Moscow, ID, dependent on safe weather conditions.
4. Breeding and Live Birth Guarantee. The alpaca listed as #1 above will be bred to: McTavish or Dirk, Logan or Wallace.
Buyer's choice is ___________________________________.
Alpaca #2 (if applicable) will be bred to __________________________________________. Pregnancy will be confirmed by ultrasound by_______________(date within 120 days of first breeding). A copy of this confirmation will be provided to the Buyer by the Seller. Each pregnant female alpaca will have a live birth within 18 months after the date of this contract. A live birth is defined as one in which the female maintains her pregnancy to full term and delivers a cria that lives for at least fourteen (14) days. If a female fails to produce a live cria in this time frame, the Seller will rebreed the female to a herdsire owned by the Seller with free boarding for up to 90 days during the breeding period. If the female was bred to a stud not owned by the Seller, rebreeding agreements and live birth guarantees are limited to the length of time stated in the breeding contract of the stud owner. The transportation of the female to and from the Seller’s farm, to and from the stud owner’s farm, the cost of ultrasound testing for pre-breeding and confirmation of pregnancy, and other care, medicines, or special feed required is the responsibility of the Buyer.
If the female alpaca cannot produce a live cria under the conditions stated above, the Seller will replace the alpaca purchased with an alpaca of the same sex and value from the Seller’s existing herd, or at the option of the Seller, refund any deposit or purchase price paid by the Buyer to date, providing that Buyer convey the animal back to Seller, free and clear of any liens or encumbrances, and execute a release of all claims arising out of this contract. Buyer acknowledges and accepts there may be up to a 12 month delay before Seller may be able to offer a suitable replacement.
5. Boarding. No boarding or agistment fees will be charged during the time each alpaca is kept at the Seller’s farm, up to thirty (30) days from date of this contract. After that, Buyer agrees to boarding fees of $3/day per animal. $1/day boarding fee will be charged if buyer desires to keep the female on the selling farm once she is pregnant until birth of cria. Boarding fees will be due at the end of each month the alpaca is kept at the Seller's farm. Failure to pay within 10 days of due date will result in the relinquishment of the alpaca to the Seller unless other arrangements have been made and agreed upon by both parties. Other documented expenses incurred in the care of the alpaca(s) during the boarding period at the Seller’s farm will be reimbursed by the Buyer to the Seller. Such expenses could include veterinary care, medicine, special feed, transport to the veterinarian, or other similar expenses. The Seller will provide each alpaca with the same day-to-day care and routine attention the Seller’s provide to their own animals, including provision of continuous access to food, water, and shelter. The Seller will also visually monitor each alpaca to identify obvious injuries or signs of illness (such as diarrhea, inability to walk, or similar conditions) or significant weight loss or lack of weight gain in crias.
If any concern for the health of any alpaca boarded at the Seller’s farm should arise, the Seller will attempt to immediately notify and consult with the Buyer about the appropriate steps to be taken. In case of emergency and/or the Seller’s inability to contact the Buyer, the Buyer hereby authorizes the Seller to use their best judgment and agrees to reimburse the Seller for all documented expenses incurred on the Buyer’s behalf.
In any event, it is expressly agreed that the Seller is not an insurer of the alpaca’s health and well-being, and will not be responsible for any harm that may befall the alpaca absent obvious and verifiable negligence by the Seller in providing the care described above. The Buyer agrees that his or her sole remedy for any death or injury to any alpaca while it is in the care of the Seller is to seek reimbursement under the terms of his or her insurance policy.
6. Insurance and Risk of Loss. A standard insurance examination will be conducted by a qualified veterinarian at the Seller’s expense, within ten (10) days of this contract. A written copy of this examination will be provided to the Buyer. If the examination indicates genetic defects or other major health problems, the Buyer may cancel the purchase within five (5) days of the examination and obtain a full refund (purchase price in paragraph 2) for the animal should it fail the examination. (A more extensive examination may be made at the Buyer’s direction and expense: see paragraph 7). Risk of loss shall pass to the Buyer upon entering into this contract for purchase with the successful completion of this insurance exam. Insurance responsibility for this alpaca shall then pass to the Buyer, should they choose to insure.
7. Buyers' Option For Independent Prepurchase Examination. Prior to purchase, the Buyer is offered the option by Seller to undertake a full veterinary examination of each animal, using a veterinarian of Buyer’s choosing, at Buyer’s expense, and within 25 miles of Seller’s farm. If this option is desired, it will be undertaken before Buyer obtains possession and within seven (7) days of the purchase date. Buyer shall provide Seller with a written copy of the veterinary exam. If the examination indicates genetic defects or other major health problems, the Buyer will notify Seller before delivery of possession and within three (3) days of the examination. Within that time only, Buyer shall have the option to rescind this contract and obtain a full refund for the animal failing the examination as agreed under paragraph 2. By virtue of the benefit of this provision for an independent medical examination, Buyer foregoes any claim that the animal is defective, or fails to conform to the contractual terms, because of adverse health conditions of any kind.
8. Buyer’s Duty to Follow Proper and Accepted Practices of Care and Management. In order to obtain the benefit of the express warranties made part of this contract, the Buyer agrees:
A. to provide the Seller with prompt notice of any suspected problems;
B. to consult with the Seller on matters of care and breeding protocol;
C. to provide proper and reasonable care to the alpaca(s) using standard accepted practices of camelid veterinarian care;
D. and to maintain accurate and complete records of all care and breeding efforts for each animal.
Examples of lack of care voiding these guarantees include:
A. failure to provide adequate means to avoid heat stress, including shearing the alpaca each year in the spring;
B. improper feeding and nutritional practices leading to starvation or obesity;
C. improper breeding practices, including overbreeding (specifically, breeding should take place no more than 3 times, having one-week intervals between each breeding);
D. failure to provide proper veterinary care (vets experienced with alpacas) when needed;
E. failure to provide proper fencing to protect the alpaca from outside predators;
F. failure to provide the alpaca with a companion alpaca (alpacas do not live well without another alpaca within sight).
Failure in any of the provisions stated above void the warranty and the Buyer may not exercise the remedies offered by this contract.
9. Buyer’s Promise to Maintain the Welfare of the Alpaca(s) Purchased. (We care very much for our alpacas and want them to be well cared for. We want to see, before the sale, that the Buyer has the means to properly care for an alpaca sold to them.) The Buyer agrees that they have no intention of harming the alpaca named in this contract. The alpaca will not be hunted or slaughtered for meat or hide. The Buyer will show the Seller the Buyer’s ability to provide proper shelter, fencing, and a companion animal by using FaceTime, skype, or a video made by the Buyer and emailed to the Seller within 48 hours of the sale of the alpaca at auction.
9. Passage of Title and Possession. Upon payment in full, delivery to Buyer by Seller of the ARI Registration Certificate(s), properly executed to effectuate a transfer of ownership to Buyer in accordance with rules and regulations of the ARI, and the delivery of possession of the animal(s) to Buyer, then title shall pass to Buyer. Delivery of the registration will take place at within 35 days of end of auction date.
10. Warranty of Title. Seller warrants that their title to each animal is free and clear of any liens, encumbrances, security interests, or other impediments to clear title of any kind. Seller transfers to Buyer free and clear title and agrees to indemnify and hold Buyer harmless from any claim of third parties to right of possession, encumbrance, lien, security interest or title to the animal(s).
11. Waiver of Implied Warranties. The implied warranties of merchantability and suitability for a particular purpose are waived. There are no warranties which extend beyond the description on the face of this contract. Each animal is sold "as is." In lieu of any implied warranties, each animal sells with the written, express warranty, and specific rights and remedies in this contract, and no others.
12. Seller's Express Warranties. Seller warrants each female is a proven breeder, capable of reproduction, having borne and suckled offspring. Seller warrants that each animal's complete medical history is set forth in the attached copy of its medical and reproductive records, as maintained by Seller in the ordinary course of its business. Seller is not aware of any current adverse medical condition in the animal(s). Seller warrants that the alpaca's genealogy is correct as set forth on her ARI Registration Certificate, a copy of which is attached. The alpaca's medical and reproductive records and its ARI Registration Certificate are merged into, and made a part of, this contract.
13. No Other Warranties. No other warranties are made. All descriptions and representations about the animal(s) are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the animal(s) except as set forth in this document.
14. Nonassignment. The warranties and remedies under this contract are nonassignable and apply only for the personal benefit of the Buyer. The warranties and the remedies shall be void and lapse in the event of any sale or transfer of any interest (including transfer or part-ownership) in the alpaca(s).
15. Entire Agreement. This is the entire agreement between the parties. All previous discussions and negotiations have been merged into this written contract.
16. Jurisdiction and Venue. If any dispute arises between the parties, venue and jurisdiction shall lie with the state and judicial district where Seller resides. In addition to legal relief, a court is hereby authorized to grant injunctive, declaratory, or other appropriate equitable relief to enforce both the grant and the limitation of warranties and remedies as set forth by this contract.
17. Attorney's Fees. In any legal proceeding arising out of this contract, each party shall pay their own attorney's fees and costs of suit.
18. Limitation of Damages. In no event shall damages be awarded in any legal proceeding for the Buyer’s incidental or consequential damages of any kind, including, but not limited to, lost profits, lost stud service income, or lost production.
19. Requirement of Timely, Written Notice of Claim. No legal proceedings shall be instituted arising out of this contract unless written notice is delivered by Buyer to Seller within twelve (12) months of the date of this agreement, which notice shall specify the grounds upon which Buyer asserts their claim, and gives Seller reasonable opportunity to respond and offer to cure the alleged breach, if appropriate.
20. Other Specific Terms Agreements. Seller agrees to transport alpaca(s) at no cost to Buyer within 100-mile radius of Seller’s farm; discount for miles over 100.
Other:____________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
We agree to all the terms of this contract as signed below.
Signed:
_________________ _________________
Date Date
________________________________________ _______________________________________
Seller Buyer
________________________________________ _______________________________________
Seller Buyer
Tuesday, February 21, 2017
