Alpaca Owners Association, Inc.
Online Herdsire Stud Auction
Breeder’s Contract
Date: May 17, 2014
Parties:
“Breeders”:
Name: Papa’s Alpacas Farm
Address: 705 Cheek Road
City, State, Zip: Monroe, GA 30655
Telephone: (706) 363-6614
Email: owners@papasalpacas.com
“Owners”:
Name: ___________________________
Address: _________________________
City, State, Zip: ____________________
Phone: ___________________
Email: ____________________________
Identity of Alpacas:
Sire: Select (ONE) of the Sire’s You Bidded on and Won the Breeding for:
(
) Sire’s Name: Ausable Valley’s Ascent
(
) Sire’s Name: Aussie REO Speedwagon ARI#: 31511605 DOB: 09/01/2009
(
) Sire’s Name: Jamaica’s Marley
ARI#: 30613058 DOB: 05/31/2006
ARI#: 31651905 DOB: 09/24/2008
Dam:
Alpaca’s Name: _______________________ ARI#: ___________ DOB: __________
Contract for Breeding Services
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Services. Owners purchased one-breeding to the sire identified in this contract.
Breeding for this auction is offered on a drive-by basis only. Should the Owners
be unable to do a drive-by breeding we will, with the following conditions, be
willing to host the female as listed below in this contract. We will “Only” accept
boarded females that have been pre-screened by a licensed veterinarian and found
to be of “breeding ready” condition. We cannot accept Maidens for this contract
and only proven females brought for breeding.
Price. The stud fee for the alpaca identified in this contract is normally $2000.00.
Payment is due in full at the time of the signing of this contract to the Alpaca
Owners Association and no breedings will occur until payment is verified by
AOA. This contract is good for a term of 18 months only. In addition, the Owners
are responsible for all boarding Females the costs of all veterinary bills and lab
fees incurred while the dam (and any cria at her side) is at the breeding location
with the inclusion of any testing or ultrasound to confirm pregnancy.
Discounts: There are no discounts with this contract.
Transportation and Delivery of Female. Owners agree to be responsible for
arrangement and payment of all transportation of the dam to and from the agreed
location. Owners agrees to deliver the dam in a manageable (halter trained) and
healthy condition accompanied by a veterinarian certificate of health, a clean
fecal exam, including a PCR negative test signed by a licensed
veterinarian within 30 days of arrival to the breeding location.
Risk of Loss. Risk of loss shall pass to Owners upon entering into this contract
for breeding. It is the Owner’s responsibility to obtain insurance to protect
against possible loss. Owners agree to indemnify and hold Breeders harmless
from any liability of any kind and to release Breeders from all claims for
damages in connection with the care and breeding of Owner’s dam (and any cria
at her side) while at the breeding location.
Boarding. Owners agree to pay $4.00 per day board, payable monthly on the 1st
of each month. If dam is not confirmed pregnant within this 60 day time period,
either breeding activities will cease and the dam will be returned to the Owners
All monies owed are to be paid to the Breeders in full prior to the female leaving
the property, including boarding fees, all veterinary bills and lab fees for the
time the dam was under the care of the Breeders.
Breeding Soundness. It is not the intent of Breeders to provide breeding services
to females, which have had any history of difficulty in conceiving or in
maintaining a pregnancy. If, in spite of Breeders’ best efforts, the Owners’ dam
does not maintain a pregnancy within sixty (60) days from the initial breeding
date, Breeders may decide to cease breeding efforts.
Waiver of Implied Warranties. The implied warranties of merchantability and
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suitability of a particular purpose are waived. There are no warranties, which
extend beyond description on the face of this contract. The breeding is sold “as
is.” In lieu of any implied warranties, the breeding sells with the written, express
warranty, and specific rights and remedies of this contract, and no others.
Seller’s Express Warranties. Breeders are not aware of any current adverse
medical or reproductive condition in the animal. Breeders warrant that the sire’s
genealogy is as set forth in the ARI Registration Certificate, a copy of which is
attached. The animal’s ARI Registration Certificate is merged into, and made a
part of, this contract.
Live Birth. If the dam identified in this contract fails to have a live birth of
ninety (90) days (with the exception of death due to Owners’ negligence),
Breeders will rebreed the same alpaca free of breeding charges to the herd
sire listed above when available however, boarding fees will still apply.
No Other Warranties. No other warranties are made. All descriptions and
representations about the sire and breeding services are merged into this
document. The Buyer has no right to rely on any statement, description, or
representation concerning the animal and breeding except as set forth in this
document.
Cancellation of Services. Breeder and/or Owner retain the right to cancel this
agreement at any time prior to the Owner’s female becoming pregnant.
No assignment. The warranties and remedies under this contract are no
assignable and inure only for the personal benefit of the Owners. The warranties
and the remedies shall be void and lapse in the event of any sale or transfer of
any interest (including transfer part-ownership) in the Owners’ alpaca.
Entire agreement. This is the entire agreement between the parties. All previous
discussions and negotiations have been merged into this written contract.
Jurisdictions and venue. If any dispute arises between the parties, venue and
jurisdiction shall lie within the state judicial district were Breeders reside. 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.
Attorney’s Fees. In any legal to proceeding arising out of this contract, the
prevailing party shall be entitled to their reasonable attorney’s fees and costs of
suit, in addition to any other relief granted by the Court.
Limitation of Damages. In no event shall damages be awarded in any legal
proceeding for the Owners’ incidental or consequential damages of any kind,
including, but not limited to, lost profits or lost production.
Requirement of Timely, Written Notice of Claim. No legal proceedings shall
be instituted arising out of this contract unless written notice is delivered by
Owners to Breeders within 36 months of the date of this agreement, which notice
shall specify the grounds upon which Owners assert their claim, and give
Breeders reasonable opportunity to respond and offer to cure the alleged breach,
if appropriate.
Breeder: ____________________________ Owners: __________________________________
Phillip L. Volz
Papa’s Alpacas Farm Papa’s Alpacas Farm
Owners:__________________________________
Date:
May 17, 2014
Date: