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Contract for Lease of Bred Female Alpaca
Date: _______________________
Lessor: Alpacas at Tucker Creek, Inc.
Lessee: ______________________________
Home Address: _________________________________
_________________________________
Farm Name: _________________________________
Farm Address: _________________________________
_________________________________
Office Phone: _________________________________
Cell Phone: _________________________________
Email: _________________________________
Name of Female Alpaca: _________________________________
ARI Number: _________________________________
Microchip Number: _________________________________
Date of Birth: _________________________________
Color: _________________________________
Date Bred: _________________________________
Date Confirmed via Ultrasound: _________________________________
Estimated Date of Delivery: _________________________________
Herdsire: _________________________________
The above referenced Lessee(s) have agreed to contract for one breeding season the services of the above referenced female alpaca for the period beginning ____________________, and ending at the weaning of the resulting cria for the total sum of ___________ (15% of the list price of __________).
A veterinary examination of the female will be performed prior to her transport and lessor is responsible for fees of such examination. Lessee is responsible for all veterinary fees necessary for her care until she is returned at the end of the lease term.
Term: This contract is due and payable upon signing.
Lessor’s assurance of their Dam(s)'s Current Condition: Lessor confirm their dam(s) are healthy, free of venereal disease, free of any vaginal discharge, free of known major genetic defects and are current on all inoculations and worming protocols. All alpacas on Lessor’s farm have been confirmed to be BVDV free.
Option to Buy: The Lessees have the option to purchase the subject alpaca at the list price noted above and all lease payments will apply to the purchase price.
Agistment: Lessees are responsible for all costs related to care and custody of the alpaca while in their care; including, but not limited to feed, facilities and veterinary care.
Authorization of Emergency Care: Lessor authorizes emergency veterinary care during the time the alpaca is in Lessee’s care.
Insurance: Lessee agrees to insure the alpaca which is the subject of this contract for full mortality coverage equal to the list price noted above and make the lessor a co-beneficiary on the policy. Lessee further agrees to provide proof of insurance to Lessor at the request of Lessor at any time
No Other Guarantees or Warranties: No guarantees or warranties are provided by Lessors or their agents or employees beyond those expressly stated herein. The sole remedies of Lessees are those contained herein. The parties further agree that no express or implied warranties apply to this transaction, and none have been made by Lessor. No warranties have been made that the alpaca is in fact free from cosmetic, phenotypic, genetic, conformational, or aesthetic defects, or that the offspring of this breeding shall be free of such defect(s). Lessor and Lessee have jointly inspected the alpaca and find her free of any known defects.
Contract for Service; Non Applicability of the UCC: This is a contract for service, and not for the sale of "goods" within the meaning of the Uniform Commercial Code. The UCC warranties of merchantability and suitability for a particular purpose do not apply as a matter of law; however, if the parties operate under a mistake of law, then Lessee acknowledges that all UCC warranties are waived as a matter of fact. Accordingly, no remedies under the UCC applicable to the sale of goods are available to Lessee.
Costs of Transportation: Lessee is responsible for all costs of transportation.
Waiver and Release of Liability: Lessees release, discharge and agree to hold Lessor and his agents and employees, harmless for all claims that may arise as a result of this lease contract.
Legal Proceedings: In the event any lawsuit is initiated by either party, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs of suit. Jurisdiction and venue of any lawsuit arising out of this contract shall be in Clatsop County, Oregon.
Limitation of Damages. In no event shall damages be awarded in any legal proceedings for Lessee's incidental or consequential damages of any kind, including, but not limited to, delay in performance, lost profits or lost production.
If any of these representations are untrue, then the contract can be voided by Lessor, and no funds paid will be refunded. Furthermore, Lessee will be responsible for any damages caused to alpacas belonging to Lessor by such misrepresentation, even if the misrepresentation is unknowing.
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Lessor-Alpacas at Tucker Creek, Inc. Date
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Lessee Date
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