This contract, dated this_________ day of ____________, 20______ by and between
NORSIRE FARM, (hereinafter "Norsire") and the mare owner:
NAME:____________________________________ (hereinafter "MARE OWNER")
ADDRESS:___________________________________________________________
PHONE HOME:(_____)__________________ PHONE WORK:(_____)_________
WITNESSETH
By their signature to this contract, the mare owner confirms a reservation to breed the mare:
NAME:__________________________________ REG #:______________________
SIRE:___________________________________DAM:_________________________
to the stallion:_____________________________, if the stallion is alive, fit to breed, and standing at NORSIRE, under the following terms and conditions:
TERMS AND CONDITIONS
1. The mare owner shall pay a non-refundable booking fee of $500.00. The booking fee is due payable to NORSIRE upon execution of this contract.
The mare owner shall pay all shipping fees, collection fees, and late fees, which will be taken from the container deposit of $600.00. If, the container deposit amount falls below the amount of the shipping fees and collection fees for the next shipment, then a second container deposit will be required before the next shipment is shipped out. Any remaining deposit money shall be refunded at the end of the breeding season.
The mare owner shall pay a non-refundable collection fee of $250.00, every collection. Plus a shipping fee of $50.00 excluding Sat. shipments.
The mare owner shall pay a stud fee of ____________ before semen shipment.
2. The mare owner shall return a copy of the mares papers and photo with this contract.
3. The mare owner shall be entitled to re-breed the mare until the mare delivers a foal that stands and sucks. This guarantee shall apply only if the breeding reports which includes; breeding soundness report, insemination report, pregnancy status report, and/or loss of pregnancy report are returned according to the instructions therein. IF THESE REPORTS ARE NOT RECEIVED BY NORSIRE AS INSTRUCTED, ALL GUARANTEES, REFUNDS, BREEDINGS, OR REGISTRATION POSSIBILITIES ARE NULL AND VOID. The provisions and instructions of the breeding soundness report, insemination report, pregnancy status report, and loss of pregnancy report are hereby incorporated into this contract and made a part of hereof , and the parties agree to abide by said provisions and instructions.
4. If a licensed veterinarian determines that the mare is unsuitable for breeding, the mare owner may substitute a new mare, subject to acceptance by NORSIRE. This substitute mare shall be bred under the same terms and conditions as the original mare.
5. In the event of breeding by transported semen, the mare owner shall give NORSIRE as much advance notice of request for shipment as possible, and any such request must be received by NORSIRE no later than 12:00 PM EST on the day of shipment. The mare owner shall pay, in addition to the booking fee, stud fee, and collection fee, all shipping cost of transporting the semen from NORSIRE to the mare owner.
6.
The mare owner shall pay a $50.00 late fee if the container is not returned to NORSIRE within 5 days of the shipment date that it leaves NORSIRE and a $250.00 replacement fee if the container is not returned within 7 days of the shipment date that it leaves NORSIRE or is not returned in usable condition. Usable condition means both cans in bottom with freezing liquid in them, black holder cup, plastic clear cup and plastic clear lid. If, any of the parts are missing a $250.00 fee will be charged. It is the mare owners responsibility to make sure the container is returned promptly with all its contents by FEDERAL EXPRESS(1-800-238-5355 push the *KEY) ONLY, OVERNIGHT PRIORITY to NORSIRE. THERE WILL BE NO EXCEPTIONS TO THIS. IF, YOU PUT THE WRONG ADDRESS, WRONG ZIPCODE, OR ANYTHING WRONG IT IS YOUR RESPONSIBILITY AND YOU WILL BE CHARGED THE LATE FEES.7. The mare owner shall assume all responsibility for the condition of the mare and shall bear all risk of loss or damage to the mare whether by death, disease, injury, infection or otherwise, and by any cause whatsoever, including inappropriate, untimely, or negligent
insemination or failure of insemination, and therefore releases, discharges, indemnifies and holds harmless NORSIRE, its employees, agents, officers, and directors, from any liability for any and all damages associated therewith. The mare owner agrees to pay all expenses and attorneys fees incurred by NORSIRE in defending any claims for which the mare owner has agreed to release, discharge, indemnify, and hold harmless NORSIRE, its agents, employees, officers, and directors.
8. The mare owner agrees to use the shipped semen only on the mare named in this contract and shall have a licensed veterinarian verify in writing that the semen was used only on said mare. The mare owner agrees to deliver such certification to NORSIRE within 10 days of insemination, as per the insemination report.
9. If the above described stallion is not available to NORSIRE for re-breeding, and if re-breeding is necessary, NORSIRE may, at its option, and mare owners approval, substitute another stallion with an equal or greater stud fee for breeding to the mare. Not withstanding the above, the mare owner also shall remain responsible for paying any booking fees, shipping fees, collection fees, rehandling fees and any other fees incurred by NORSIRE on behalf or for the benefit of the mare owner.
10. The live foal guarantee mentioned in paragraph 3 above is expressly contingent upon the mare owner properly caring for the mare throughout the pregnancy. Proper care shall include, but not necessarily be limited to: proper feeding and nutrition, regular deworming with products labeled for use in pregnant mares, and vaccinations that are customary with the mare owners and/or mares geographical area, and proper intervention during foaling if necessary.
11. If the mare is not covered, bred or delivers a live foal within 3 (three) years, starting from January 1 (first) of the year the contract was signed, the contract will be null and void and no refunds, rebreedings, or fees will be returned/given to Mare owner. The non refundable booking fee is recharged if this contract is carried into a second year.
12. All billing statements shall be paid to NORSIRE within ten days of billing. Interest at the rate of five percent per month shall be charged on all balances unpaid and overdue for 30 days. The mare owner agrees to pay such interest and concurs that said interest is a reasonable charge on overdue accounts. If the mare owner fails to pay any amount due hereunder for more than 30 days after the billing date, NORSIRE may immediately accelerate all other amounts due under this contract upon written notice to the mare owner, and all amounts so accelerated are immediately due and payable. In addition, if the mare owner fails to pay any amount due hereunder for more than 30 days after the billing date, NORSIRE is not obliged to fulfill any further services under this contract until all past due amounts have been paid current.
13. The mare owner may not assign any rights or delegate any duties under this contract without the prior written consent of NORSIRE.
14. No delay or failure by NORSIRE to exercise any right under this contract shall be deemed a waiver or right or remedy otherwise available to NORSIRE.
15. This contract contains the entire understanding of the parties and may be modified only by a writing signed by both parties. The invalidity or unenforceability of any term or provision of this contract shall not affect the validity or enforceability of any remaining provisions herein. This contract shall be construed and governed by the laws of the Commonwealth of Virginia, and the parties expressly agree that jurisdiction and venue for any and all disputes arising under this contract shall be proper only in Loudoun County, Virginia. In the event that NORSIRE incurs attorneys fees and/or legal costs in securing for protecting any right available under this contract or under the laws of the Commonwealth, the mare owner agrees to pay said fees.
DATE:________________ MARE OWNER:___________________________________
DATE:________________ NORSIRE:________________________________________
THE BREEDING SOUNDNESS REPORT, THE INSEMINATION REPORT, THE PREGNANCY STATUS REPORT, AND THE LOSS OF PREGNANCY REPORT ARE AVALABLE ON BREED REPORT PAGES.
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