Ross Carbery & Miriam Bentley PO Box 130 Holbrook, NSW 2644 Location: “Lumeah” Hume Highway, Mullengandra, NSW 2644 Office Ph: 02 60204204 Home Ph: 02 60204222 Ross Mb: 0429204206 Miriam Mb: 0427204205 Email: eabsinfo@gmail.com. 2014 Breeding Contract for DHH “Durino” reg with KWPN Holland This agreement is made between Equine Artificial Breeding Services, ABN No. 95035141405 of “Lumeah” Hume Highway, Mullengandra, NSW 2644 (Stud) and the breeder in item 1 of the schedule (Breeder). 1. In the case of Transported Semen, The Breeder must pay: a) The Service Fee of $2200.00 inc GST . The service fee includes a non refundable booking fee of $550.00 inc GST. The non refundable booking fee must accompany this agreement when it is signed by the Breeder and returned it to the stud. b) All costs and expenses associated with the semen transport. Cost being $110.00 inc GST. c) The balance of the service fee and the transport fee of must be paid in FULL before any semen leaves the Stud. In the case of mares visiting the Stud, the Breeder must pay: a) The Service Fee of $2200.00 inc GST. The service fee includes a non refundable booking fee of $550.00 inc GST. The non refundable booking fee must accompany this agreement when it is signed by the Breeder and returned it to the stud. b) The balance of the service fee and all other expenses associated such as agistment of the mare, which are chargeable at the Studs currently applicable rates before the mare leaves the Stud. c) The mare must leave the Stud within 14 days (unless prior arrangements have been made with EABS) of notification that the mare: i) it is confirmed in foal: or ii) that the mare is unsuitable for breeding as determined by the stud in its absolute discretion: or iii) the breeder does not fulfill any of the conditions in clause 4 – Mares not leaving the Stud will incur a further $11.00 inc GST per day agistment charge until the mare has left the Stud. Payment can be made by either, bank cheque, direct bank deposit, visa, bankcard or American express. Credit cards incur a 2% surcharge. ● Cheques are to be made payable to Miriam Bentley ● Direct bank deposit details: Bank NAB, Acc name: Miriam Bentley, BSB No. 082 646 Acc No. 647408525 ● Credit Card Details: Visa Bankcard American Express Card No.: _________________________________Expiry Date:____________Amount: $________ Name on card:_____________________________________Signature:____________________ 1 2. The Stud will on payment of: a) (Transported Chilled) the service fee and all other costs and expenses relating to collecting, packaging and transport of semen will supply enough semen of the stallion to inseminated the mare identified in Item 4 to the breeder or to whoever the breeder directs in writing to inseminate the mare the and only the mare. b) (Chilled Semen on Stud) the service fee will inseminate enough semen of the stallion into the identified mare. 3. The stud may refuse to inseminate the mare if: a) the mare poses an unacceptable danger to herself, her handlers or the stud’s property: b) the mare is unsuitable for breeding, as determined by the stud in it’s absolute discretion; or c) the breeder does not fulfill any of the conditions referred to in clause 4 – and in any event , the stud may, in its absolute discretion, refund the service fee less any amount up to $550 inc GST: or d) the stallion dies or is rendered unfit or unavailable for any reason to produce semen. 4. The Breeder must ensure (and provide evidence to the stud if requested) that on arrival at the stud the mare will be: a) halter broken and able to be led and tied: b) unshod c) Free of illness and disease: and d) Free of injury 5. In all cases of supply of chilled semen: a) the Breeder must give at least 48 hours prior written notice of where and to whom the semen is to be transported (Destination Point). b) the semen ordered form, which is supplied must be filled in and faxed back to EABS prior to 9.30am on day of collection. c) risk of loss and harm to the semen passes to the breeder at the moment when: i) the semen is delivered into the custody of the transporter for the transport to the destination point: or ii) the semen leaves the stud’s premises: and d) the container transporting the semen belongs to the stud and must be returned undamaged to the stud as the stud directs, as soon as the semen is inseminated or transferred into a veterinarian’s storage facility, whichever happens first. The container is to be posted back to EABS via Australia post at the breeders expense. 6. The Breeder authorises the Stud, as agent for and in the name of the Breeder, at the Breeders cost in all respects, to engage a Veterinarian, farrier, dentist or other health or welfare professional to examine, test or treat the mare whenever the stud in it’s absolute discretion, considers it necessary or prudent to do so. 7. The Stud will only supply additional semen to the Breeder if the mare does not go in foal, once the stud has received notification from the veterinarian. The cost of transport of the semen is to be paid for by the Breeder on each occasion the semen is transported. 9. Free Returns: The Stud will supply additional semen the following season only when the Breeder gives the Stud a veterinarians report addressed to the stud confirming that the mare failed to produce a foal that stood and sucked for 48 hours afterbirth (live foal) A substitute mare may be used the following season subject to probable cause. If a substitute mare is to be used then a new breeding contract has been signed by Stud and the Breeder. All transported semen, or agistment costs must be paid for again by the Breeder. 2 10. Fresh Semen: The Breeder expressly authorises the stud, it’s officers, employees and contractors a) To carry out, perform and administer all tests, procedures and treatments and medications including (but not limited to) scanning the mare, relating to or arising by reason of: i) the breeding condition of the mare: ii) the insemination of the mare with the semen. 11. The breeder indemnifies and hold harmless the stud, it’s officers, employees, agents and Contractors and holds them harmless and against: a) all costs and expenses of and incidental to exercising or attempting to exercise any right or power under this agreement or conferred on the stud by law: and b) any loss, damage, expense, cause of action, liability, claim, proceeding, suit or demand of any nature arising from or related to any breech by the Breeder of the terms of the agreement. 12. Subject to any laws limiting or prohibiting the stud, the stud and it’s employees, agents and Contractors are not liable to the Breeder or any other person as a result of, relating to or in any way arising out of the death, injury, illness or disease of the mare (and any foal alongside), however caused, including (but not limited to) the negligence or default of the stud, its employees, agents or contractors involving any act or failure to including tests, procedures, treatments and medications. Where any such laws apply and it is permissible for the stud to limit its liability for any loss and damage (whether directed or consequential) its liability will not exceed the cost of the service fee. 13. The stud is not obliged to hold or keep a current an insurance policy covering death or injury to mare (and foal alongside) or the mares foetus, or loss of or damage to the semen in the Shipping container. 14. This agreement incorporates the Mares Marking sheet which must fully and accurately record the Mares brands and markings and be returned to the stud at the time as this document. A copy of this document will be forwarded with the mares marking sheet will accompany the semen so the veterinarian can positively identify that he/she is AI’ing the correct and intended mare. 3 Breeders Details: 1) Name of Breeder:______________________________________ 2) Address: _______________________________________ _______________________________________ _______________________________________ State__________Postcode________ Home Phone: (___)_________________________ Work Phone: (___)_________________________ Mobile: _____________________________ Fax: _____________________________ Email: _____________________________ 3) Mares Name: Mares Breed: Rego if App: Height /colour: Year of Birth: 4) Maiden mare: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ Dry mare: 5) Mare visiting Stud Wet mare: Estimated arrival date ___________________ Or Supply and transport chilled semen Name of Vet receiving semen ___________________________________ Full Delivery address: ___________________________________ ___________________________________ ___________________________________ State:___________Postcode:____________ Ph #:__________________________Mb___________________________ Fax: __________________________Email___________________________ I have filled in the Mare’s Marking Sheet, it is fully accurately, recorded the mares brands and markings, I understand a copy of this sheet will be forwarded to the vet receiving the semen to verify it is the correct and only mare for Artificial Insemination. I have included the non refundable booking fee of $550.00 inc GST or Full payment of the service fee Signed by Breeder:___________________________ Date:____________ 4