TRANSPORTED SEMEN CONTRACT #
All contracts will be assigned a number as contract is returned
THIS AGREEMENT, made and entered into this _________ day of ________, 20___, by and
between__________________________________________________ (Mare owner) and Rodan
Ltd Partnership. Becker Stables is standing the Arabian stallion, RODAN LTD (616530) (the
stallion) at its facility. Rodan Ltd and Becker Stables are legally entitled to enter into this
Agreement to sell one breeding of the Stallion to the Mare owner for the breeding of the Mare
named _____________________________ Registration number_____________________ foaled
on__________________by sire_______________________________ out of
dam______________________________________ hereinafter referred to as “the Mare”.
All conditions of this Agreement apply to the breeding by transported semen and/or artificial
insemination.
FEES:
1. The breeding fee for the stallion to breed the above named Mare for one season is
$1,500.00, payable as follows: (all highlighted areas must be paid prior to the
shipment of semen):
a. A booking fee of $250.00 shall be payable upon the execution of this
Agreement by the mare owner. This booking fee is non refundable. A
copy of the mare’s registration papers must be submitted at the time this
Agreement is submitted.
b. The balance of the breeding fee, $1,250.00 shall be due and payable prior
to breeding said mare. .
2. There is an Equitainer deposit of $250.00. This deposit can be made with a credit
card, cash or check. The deposit will be refunded when the mare is checked in foal
and the Equitainer is returned pursuant to paragraph 4 below. You must furnish
credit card number, expiration date and card holder name and billing address in the
space provided at the end of this Agreement.
3. If the Equitainer is not returned, at the Mare owner’s expense to Rodan Ltd.
Partnership within 3 working days from the Mare owner’s receipt of said Equitainer,
the Mare owner’s credit card will be charged $10.00 per day late fee. If the
Equitainer is not returned to Rodan Ltd. Partnership within a three (3) week period,
or returned damaged, the Mare owner’s credit card will be charged $250.00.
Rodan Ltd Partnershp
3501 Cherry Acres Road
Cool, CA 95614
4.
A lab fee of $250 per shipment. There is a chance that an Equitainer shipment will
contain only one dose. This is based on availability at the time the client places the
order for semen. The decision on the number of doses sent will be made by Rodan
Ltd Partnership. All reasonable efforts to ship two doses will be made. Collection
days are Monday, Wednesday and Friday unless otherwise specified.
5. A Credit card must be on file to pay for shipping charges.
PROCEDURES AND CONDITIONS:
1. Rodan Ltd. Partnership requires no less than 24 hours notice prior to shipment of
semen. Semen requests are taken on a first come, first serve basis. The Mare owner
is encouraged to call when the Mare comes in to heat. All counter to counter
shipments will require the use of a courier service to take the shipment to an airport.
This requires significant additional expense that will be charged by the courier
service to the Mare owner’s credit card on file. Failure to provide adequate notice
may result in the lack of ability to provide semen.
2. All semen transported to the Mare owner shall be used to breed only the Mare listed
and cannot be resold or transferred to any other person or company without express
written consent of Rodan Ltd. Partnership.
3. This breeding must be used in the breeding season specified in this agreement or used
in another breeding season with express written consent of Rodan Ltd. Partnership.
4. Mare owner should have a veterinarian experienced in the use of transported semen
(if used) in the field of equine reproduction. It is the responsibility of the Mare
owner or Mare owner’s veterinarian to have proper knowledge of the techniques of
using transported semen.
5. The mare should be checked by a licensed veterinarian within forty five (45) days of
insemination to determine pregnancy. The results of any such test shall to be given
to Simpkins Training in writing. If the mare is not in foal after 45 days, the Mare
owner must contact Rodan Ltd Partnership immediately to coordinate another
shipment of semen.
6. In the event that the mare does not conceive in three (3) consecutive heat cycles the
Mare owner has the option of selecting another approved mare that is owned or
leased by them. If the mare does not conceive after continuous attempts, by August
1st of that breeding season, the mare owner may choose to try again the following
year. An additional administrative fee of $500.00 shall apply. If the mare owner
does not continue the breeding attempts and does not pursue any of the above options,
all fees and deposits previously paid will be forfeited by the Mare owner to Rodan
Ltd Partnership. There will be no cash refunds and all re-breed rights will be
forfeited.
7. If any of these procedures are not followed as written and agreed upon or payment is
not received, the result is forfeiture of breeding fees and the Stallion Service
Certificate. Furthermore, any attempt to obtain a pregnancy with the transported
semen in any mare, other than the mare described in this contract, will result in the
same forfeiture.
8. The breeding season begins March 1st and will be closed August 15th of the season
listed at the beginning of this Agreement. Rodan Ltd. Partnership reserves the right
to make allowances to this policy as decided by management. Rodan Ltd.
Partnership reserves the right to decline availability of said Stallion due to show
schedules.
Rodan Ltd Partnershp
3501 Cherry Acres Road
Cool, CA 95614
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LIVE FOAL GUARANTEE:
1. In the event the foal is born dead or cannot stand to nurse, Rodan Ltd. Partnership
will allow one free rebreed within that breeding season and or the following. The
Mare owner’s licensed veterinarian is responsible to contact Rodan Ltd. Partnership
in writing with the cause of the foal’s death within ten (10) days of said death. The
mare owner is responsible for all shipping/handling and lab fees related to the rebreed.
DEATH OF MARE:
1. In the event of the death of the Mare named in this agreement, the Mare owner could
replace the Mare with another mare or the breeding could be sold, to the owner of an
approved mare without being advertised, and a handling fee of $500.00 would apply.
RELEASE OF LIABILITY:
1. Rodan Ltd. Partnership hereby represents to you that any semen transported to you
will be from the stallion indicated on the transportation container, and that any other
information on or in the transportation container shall be accurate. RODAN LTD
PARTNERSHIP DISCLAIMS ALL OTHER REPRESENTATION AND
WARRANTIES CONCERNING OR RELATED TO THE TRANSPORTED
SEMEN, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS
AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
2. Except in the event of gross negligence or willful misconduct by Rodan Ltd.
Partnership, its agents, servants or employees (the Rodan Ltd. Partnership Parties),
the Rodan Ltd. Partnership Parties shall not be liable for any sickness, disease, death
or injury which may be suffered by the Mare, or any foal of the Mare, or for any
other cause of action whatsoever arising out of or in any way connected with the
injury, theft or equine mortality insurance of the Mare or any foal that may be born to
the mare as a consequence of the breeding of the Mare to the Stallion. All risks
connected with breeding or provision of any service to the Mare of such foal shall be
born solely by the Mare owner. The Mare owner hereby agrees that the Rodan Ltd.
Partnership Parties shall not be liable for any special, incidental or consequential
damages arising from the transaction covered by this Agreement, including without
limitation any damages arising from the non-performance obligations which you may
have undertaken to any third party in reliance upon any promises and representations
made in this Agreement. In no event shall Rodan Ltd. Partnership’s liability for any
action or cause of action arising under this Agreement exceed the amount of fees paid
by the Mare owner hereunder.
3. The Mare owner hereby agrees to immediately pay Rodan Ltd. Partnership all
charges, fees and expenses identified above. All other charges, fees or expenses due
hereunder shall be due and payable within fifteen (15) days from the date of any
billing or invoice rendered by Rodan Ltd. Partnership. The Mare owner hereby
agrees to pay a late charge of the lesser of and one half percent (1 ½%) per month of
the greatest charge allowed by California law on all sums not paid when due
hereunder. Any Mare owner whose payments are not paid within thirty (30) days of
invoice will be considered in breach of contract. At such time Rodan Ltd.
Rodan Ltd Partnershp
3501 Cherry Acres Road
Cool, CA 95614
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4.
5.
6.
7.
Partnership may at its sole discretion decline further services and all funds received
to date will be retained by Rodan Ltd. Partnership.
This Agreement may not be modified except in writing, signed by the party against
whom the enforcement of any waiver, change, modification or discharge is sought.
This Agreement shall not be assigned or transferred by either party hereto without
prior written consent of the other. All transferred contracts are subject to a
$500.00 transfer fee.
This Agreement shall be deemed to have been entered into in the state of California.
Both parties agree that the Laws of California shall be appropriate legal forum for
resolution of any dispute which may arise out of or be in any way connected with this
Agreement.
In the event it may become necessary for Rodan Ltd. Partnership to institute any legal
action to enforce the terms and conditions of this Agreement, the Mare owner agrees
to pay all reasonable expenses, including Attorney’s fees and the cost of execution of
any judgment(s), whether or not a suit is brought.
It is understood that by entering into this Agreement there is a risk in breeding
Arabian horses with transported semen and or artificial insemination and that any
failure to obtain pregnancy could be due to many variables and unknown causes.
Rodan Ltd. Partnership and their stallion are in no way responsible and shall be held
harmless from any losses suffered due to unsuccessful attempt at conception and the
costs that are considered part of the risk.
___________________________________________________________________________
Mare Owner name (printed)
___________________________________________________________________________
Mare Owner Signature/
Date
___________________________________________________________________________
Mare Owner Address
___________________________________________________________________________
City
State
Zip code
__________________________________
Phone Number
________________________________
Cell Number
__________________________________
E-Mail
________________________________
Fax
Rodan Ltd. Partnership
___________________________________________________________________________
By
___________________________________________________________________________
Date
Rodan Ltd Partnershp
3501 Cherry Acres Road
Cool, CA 95614
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MARE INFORMATION SHEET
Stallion:
RODAN LTD (616530)
Mare name and Reg #: _____________________________________________________
Registered Owner and Lessee of Mare: ________________________________________
Billing Address: __________________________________________________________
Phone: ______________________________Cell: _______________________________
Fax: ________________________________E-Mail: _____________________________
Credit Card Information:
Type: ______________________________ Number: ____________________________
Name as on card: ________________________________Expiration Date: ___________
FedEx # (optional): _______________________________________________________
Semen to be shipped to:
Name:__________________________________________________________________
Address: ________________________________________________________________
Phone: _________________________________________________________________
Rodan Ltd Partnershp
3501 Cherry Acres Road
Cool, CA 95614
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Rodan Ltd Partnershp
3501 Cherry Acres Road
Cool, CA 95614
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