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Sample Herdsire Lease Contract
Contract for Lease of Herdsire
Name of Herdsire _________________________
Date: _______________________
Lessor: Alpacas at Tucker Creek, Inc.
36281 Tucker Creek Lane
Astoria, OR 97103
Phone: 877-915-0522 Toll Free
503-325-5725 Office
Lessee: _________________________________________
Home Address: _________________________________
Farm Name: _________________________________
Farm Address: _________________________________
Office Phone: _________________________________
Cell Phone: _________________________________
Email: _________________________________
The above referenced Lessee(s) have agreed to contract for the stud services of _________________________ for the period beginning ___________________ and ending _________________________ for the total sum of ___________ .
A veterinary examination of the male will be performed prior to his transport and lessor is responsible for fees of such examination. Lessee is responsible for all veterinary fees necessary for his care until he is returned at the end of the lease term.
Term: This contract is due and payable upon signing.
Lessee’s assurance of their Dam(s)'s Current Condition: Lessee 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. Confirmation of a negative BVDV test is required on all females bred to referenced herdsire.
Identification of Bred Females: Dam Owners agree to forward copies of ARI registration certificates on all females bred to referenced sire. This will allow for ease of confirming authorizations when registering the resulting cria.
Breedings Allowed: There is no limit on the number of breedings you may perform during the period covered by this contract. Should you sell outside breedings you must ensure that all owners follow appropriate protocols regarding health, inoculations and worming to ensure the health of the herdsire. Lessor shall not share in the funds received from any outside breedings and is not a party to any outside breedings.
Agistment: Lessees are responsible for all costs related to care and custody of the herdsire 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 herdsire is in Lessee’s care.
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 sire is in fact free from cosmetic, phenotypic, genetic, conformational, or aesthetic defects, or that the offspring of this breeding of sire and dam shall be free of such defect(s). Lessor and Lessee have jointly inspected the sire and find him free of any known defects that make a breeding of sire and dam inadvisable.
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 stud 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.
_________________________________________ _________________________________________
Lessor-Alpacas at Tucker Creek, Inc. Date Lessee _____________________________ Date
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