Contract for a Proven Stud
Stirling Ridge Alpacas
Contract for Purchase of a PROVEN Stud Male Alpaca
Date: ________________
Parties:
"Seller:" "Buyer:"
Stirling Ridge Alpacas _______________________________________
Name of FarmBlake V. and Deborah A. Blakey
5120 Robinson Park Road ______________________________________
Name of Buyer(s)Moscow, ID 83843
Phone: 208-301-2121 ______________________________________
AddressEmail: [email protected]
Web: StirlingRidgeAlpacas.com _______________________________________
City, State, Zip
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Phone Email
Identity of Alpaca:
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Alpaca's Name DOB ARI # Microchip # Price
Agreements:
1. Property. Buyer agrees to purchase the proven stud male alpaca identified in this contract.
2. Price. The purchase price is $______________. A down payment of $__________________(1/3 of total) with a nonrefundable deposit of $ ________________(10% of down payment) is paid this date and the balance of $____________________will be payable
under the following terms__________________________________________________________
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with final payment on or before ____________________(date). The purchase price shall be paid in full in U.S. currency before Buyer is entitled to possession of the animal.
3. Transportation. Transportation of the above animal is the sole responsibility of the Buyer unless other arrangements have been agreed upon and added in writing in paragraph 15.
4. Boarding. No boarding or agistment fees will be charged during the time the alpaca is kept at the Seller’s farm, up to ___________days/months from date of this contract. After that, boarding fees will be $3/day per animal. Other documented expenses incurred in the care of the alpaca 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 the 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 the 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.
5. Insurance and Risk of Loss. A standard insurance examination along with a breeding soundness exam (BSE) will be conducted by a qualified veterinarian at the Seller’s expense, within ten (10) days of this contract. Written copies of these examinations will be provided to the Buyer. If either 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 for the animal failing the examination, including the nonrefundable deposit under paragraph 2. Once the male has been tested with the BSE and shown to be fertile, there are no other expressed or implied warranties.(A more extensive examination may be made at the Buyer’s direction and expense: see paragraph 6).
Risk of loss shall pass to the Buyer upon entering into this contract for purchase with the successful completion of these examinations. It is the Buyer’s responsibility to obtain insurance for at least the amount of the balance due the Seller as long as any balance of the purchase price is owed to the Seller. The Seller shall be named as an additional insured co-loss payee to cover the remainder of the sales price outstanding. Insurance proceeds will be distributed first to the Seller to pay the remainder of the purchase price. Proof of this insurance must be shown before the alpaca will be released to the Buyer.
6. Buyer's Option For Independent Prepurchase Examination. Prior to purchase, the Buyer has been offered the option by Seller to undertake a full veterinary examination of the animal, using a veterinarian of Buyer's choosing, at Buyer's expense. If this option is desired, it shall be undertaken before Buyer obtains possession and within ten (10) days of the purchase date. If the examination detects any adverse medical condition, the Buyer shall so notify Seller before delivery of possession and within five (5) 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.
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.
7. 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 using standard accepted practices of camelid veterinarian care;
D. and to maintain accurate and complete records of all care and breeding efforts of the animal.
Examples of lack of care voiding these guarantees include:
A. failure to provide adequate means to avoid heat stress, including shearing the alpaca in the spring and shade from the sun;
B. failure to provide shelter from wind and cold;
C. failure to provide a safe environment, fenced to prevent predators from entering pasture or pen;
D. inproper watering, feeding, and nutritional practices leading to dehydration, starvation, or obesity;
E. overbreeding practices;
F. failure to provide proper veterinary care, specifically experienced with alpacas, when needed.
Failure in any of the provisions stated above void the warranty and the Buyer may not exercise the remedies offered by this contract.
8. Seller's Express Warranties. Seller warrants that the stud male is a proven breeder, capable of reproduction, evidenced by sired offsping or impregnanted females. This proven male has settled a female or been tested fertile within the last six (6) months, or a breeding soundness exam (BSE) will be performed within 10 days indicating fertility. There are no other expressed or implied warranties. Seller warrants that the animal's complete medical history is set forth in the attached copy of his medical and reproductive records, as maintained by Seller in the ordinary course of business. Seller is not aware of any current adverse medical condition in the animal. Seller warrants that the alpaca's genealogy is correct as set forth on his 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.
9. Warranty of Title. Seller warrants that the title to the 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.
10. 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. The animal is sold "as is." In lieu of any implied warranties, the animal sells with the written, express warranty, and specific rights and remedies in this contract, and no others.
11. No Other Warranties. No other warranties are made. All descriptions and representations about the animal are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the animal except as set forth in this document.
12. 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 animal.
13. 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.
14. Breedings to Seller. Seller reserves __________ ( ) breedings with stud being purchased, at no charge from the Buyer to the Seller. These breedings may be used for females of Seller’s choice and will be bred within ________ ( ) years of the date of this contract. Seller will provide to the Buyer boarding fees no greater than $3 per day for the period the Seller’s female (including cria at side) remains at Buyer’s farm to be bred. Seller will pay any veterinary costs for confirmation of pregnancy and all transport costs to and from Buyer’s farm. Buyer pledges to provide same care to Seller’s alpacas as given to the Buyer’s own alpacas. The breeding rights of Seller transfer and hold valid with any subsequent Buyer(s) if stud should be sold at a later date by the Buyer listed in this contract.
15. Special Terms and Agreements. Seller agrees to transport alpaca without cost to Buyer within 100 mile radius of Seller’s farm.
Other:_________________________________________________________________
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16. Passage of Title and Possession. Upon payment in full, delivery to Buyer by Seller of the ARI Registration Certificate, properly executed to transfer ownership to Buyer in accordance with rules and regulations of the ARI, and the delivery of possession of the animal to Buyer, then title shall pass to Buyer. Delivery will take place at _____________________________________ (location).
17. Mediation of Any Disputes. If any dispute arises between the parties over the obligations imposed by this Agreement, all parties agree to resolve the dispute through the use of mediation. Unless the parties agree otherwise, the dispute shall be resolved under the guidance of the American Arbitration Association’s mediation rules, and venue and jurisdiction will lie with the state where the Seller resides.
Any dispute arising out of this contract must have written notice delivered by Buyer to Seller within __________ months of the date of this agreement, which will specify the grounds upon which Buyer asserts his claim, and gives Seller reasonable opportunity to respond and offer to cure the alleged breach, if appropriate.
18. Entire Agreement. This is the entire agreement between the parties. All previous discussions and negotiations have been merged into this written contract.
We agree to all the terms of this contract.
Signed:
_________________ _________________
Date Date
_________________________________ ____________________________________
Seller Buyer
_________________________________ ____________________________________
Seller BuyerTuesday, February 9, 2016
