|
STALLION OWNERS: Liane &
Christopher Warwick Drake
STALLION
MANAGER(S): John
and Kim Dean (dba JOHN DEAN INC.)
P.O. Box 88 Tioga, TX 76271 903-429-6635; 903-815-3347 Cell; 903-429-6898
Fax
EMAIL:
JOHNANDKIMDEAN@AOL.COM
BREEDING FARM/BREEDING MANAGER: MC EQUINE ENTERPRISES/RICK MCDONALD
903-564-9084
To Order Semen:
Kim Dean 903-429-6635; 903-815-3347 Cell:
A GOOD MACHINE
COOLED TRANSPORTED SEMEN AGREEMENT
I hereby agree on this the ________day of
_________________20______ to breed the mare below to the Stallion,
A GOOD MACHINE, Reg# 3173093 for the
2008 season using cooled transported semen
subject to the following conditions:
Name of
Mare_______________________________________________________Registration#_____________________
Breed_____________________ Owner on
Papers__________________________________________________________
The Total Breeding Fee for A Good Machine
for the 2008 season is: $______________payable to John Dean Inc.
(This Total
Breeding Fee is broken down separately as Stud Fee $___________
and non-refundable Chute Fee $ _________.)
The Total Breeding Fee shall be payable upon execution of this contract and must
be paid a minimum of (10) days before semen will be shipped unless paid with
cashiers check, money order, or credit card which may be paid anytime prior to
shipment. At no time will any shipments be made without the Total Breeding Fee
being paid in advance. There is a $275.00 fee per shipment of cooled semen
which includes shipment via Federal Express. Additional charge of $30.00 for
Saturday Federal Express deliveries. If Semen is picked up at the ranch, the
fee is $125 per semen packet per mare. If shipment needs to be sent same day
via Air Cargo within the US., the customer will pay a $350 shipped semen fee
prior to shipment of semen or $400 when shipped to Canada. All semen shipment
fees and or semen pickup fees MUST BE PAID prior to shipment.
- Stallion Manager will begin
shipping cooled semen in February of the current breeding season and end June
30th. A request for a shipment of cooled semen
must be made by 5:00pm C.S.T. the evening PRIOR to shipping time.
Cancellation must be made by 8:00 a.m. C.S.T. on
shipping day to avoid a $75 cancellation fee. One dose of semen will be
sent per shipment. Any late orders for semen accepted that involve
hiring a courier to deliver semen to a Federal Express drop-off location will
result in an additional $75 courier fee. We will ship on a first requested,
first served basis. At no time will the Stallion Owner make a guarantee that
cooled semen will be available on a specific breeding day.
- The Stallion
Managers have
the right to set a limit of two (2) shipments per breeding cycle per mare and
no more than five (5) shipments per breeding season per mare. The Stallion
Manager reserves the right to require the mare owner transport the mare to the
breeding farm if more than five (5) shipments per breeding season are
requested. The breeding farm charges a separate,
additional mare handling and records fee of $500.00 (in addition to the total
breeding fee) which is payable upon mares’ arrival at breeding farm and is
payable to the breeding farm.
- Stallion
Managers agree to
ship cooled semen as described above. If a mare fails to settle for any
reason, mare owner will hold Stallion
Managers blameless. Stallion Owner
and breeding farm bear no responsibility for the semen after it is shipped,
picked up or is taken from the breeding farm. This includes but is not
limited to late deliveries by Federal Express and/or Airlines and/or Courier
Services. Mare Owner may choose to pay extra fees for insuring reimbursement
for late and/or non-deliveries of semen.
- A Live Foal Guarantee
will apply (except as provided in this paragraph and in paragraphs 5, 6, 8 and
9
below) for one year only to those mares that conceive and carry a pregnancy at
least sixty (60) days from insemination. To be eligible for a live foal
guarantee, a confirmation of pregnancy must be submitted from a veterinarian
in the form of a documented ultrasound picture prior to the end of current
breeding season. A live foal is described as a newborn foal that stands and
nurses without assistance. If the foal is born dead, return privileges shall
apply only if Stallion Manager is notified within seven (7) days thereof and
receives a veterinarian’s statement confirming death within 30 days.
- Return re-breed
privileges shall apply only to the next normal breeding period and Stallion
Manager reserves the right to require the mare owner to transport the mare to
the breeding farm. A non-refundable rebreed Chute Fee must be paid prior
to any mare being re-bred. A substitute mare may be used at the
sole discretion of the Stallion Manager only if the original mare has died or is
deemed unfit for breeding. No refunds will be given at anytime for any fees
for any reason including the total breeding fee, chute fees or semen shipment
fees.
- The Stallion
Manager has
the right to require any mare who is eligible for a re-breed to come to the
breeding farm by February 15th of the next breeding season .
At the minimum, the Stallion
Manager
requires and Mare Owner agrees that any
mare that is to be re-bred must have a clean/negative culture faxed to the
Stallion
Manager
prior to the start of breeding season; be under lights by
November 1st prior to the next normal breeding season and be ready
to be bred prior to the end of February of the next normal breeding season.
- Paint Color Guarantee is
for the following breeding season only and only with payment of a Paint Chute
Fee to be equal to exactly one-half of the total breeding fee. All other
rebreed guarantees as stated in paragraph 4, 5, 6 and 9.
- Should more than one
embryo or foal result from a breeding, Mare Owner must pay an additional Total
Breeding fee for each additional embryo within ninety (90) days of the last
breeding in order to receive a breeding certificate for additional foals.
- The parties further agree
that should the Stallion die, be sold or become unfit for service for any
reason, then this contract shall become null and void (including the live foal
guarantee) and both parties are relieved of any further obligation hereunder
except that Mare Owner shall pay for all other expenses actually incurred
including the payment of the breeding fee and all shipped semen fees.
The Live Foal Guarantee in this contract is non-transferable and
non-assignable and should Mare be sold or otherwise disposed of prior to the
birth of the foal, the live foal guarantee shall be void. In the event
the Stallion Manager agrees to the transfer or assignment of the "live foal
guarantee" rights under the terms of this contract, then the new owner agrees
to be bound by all terms and conditions hereof, insofar as the same may then
be applicable. No refunds will be given at anytime for any fees including but
not limited to the stallion breeding fee, chute fee or semen shipment fees.
- Mare owners that chose not to breed via shipped semen
may take their mare to the breeding farm. The breeding farm charges a
separate, additional mare handling and records fee of $500.00 (in addition to
the Total Breeding Fee) which is payable upon mares’ arrival at breeding
farm and is payable directly to the breeding farm.
- A Breeder’s Certificate
will be issued to the mare owner only after all expenses have been paid in
full and upon notification of the birth of the foal. Only one Breeder’s
Certificate will be issued for each Total Breeding Fee paid. Embryo Transfers
that result in two or more embryos and two or more foals born must have a
separate Total Breeding Fees paid per live foal.
- The parties acknowledge
that this agreement is made and performed within the County of Grayson, State
of Texas. However, both parties agree should any dispute or claims arise
regarding this contract, its will have its venue in Cooke County, Texas and
shall be construed and enforced under the laws of the State of Texas.
- When the mare owner signs
and returns this contract to the Stallion
Manager and the Stallion
Manager signs
this contract, it will then become a binding contract on both parties subject
to the above terms and conditions, except by written mutual consent of the
parties thereto.
- A COPY OF THE
REGISTRATION PAPERS (BOTH SIDES) ON THE ABOVE NAMED MARE MUST ACCOMPANY THE
SIGNED CONTRACT. Owner recorded on the Registration Papers will be recorded
on the Stallion Breeding Report.
FEES:
THE BREEDING FARM WILL NOT SHIP SEMEN WITHOUT ALL FEES BEING PAID
PRIOR TO SHIPMENT OR PICKUP---- NO EXCEPTIONS WILL BE MADE AT ANY TIME
FOR ANY PERSON.
Please Make Your Check Payable to
JOHN DEAN INC or fill out, fax or call in your credit card information.
_______Shipped Semen Fee via Federal Express (lower 48 states) $275.00/Shipment
with One Dose per shipment
_______Shipped Semen Fee via Federal Express (CANADIAN SHIPMENTS) $325/Shipment
with One Dose per shipment
_______Saturday Federal Express Shipment (One Dose) -- Add $30/shipment (in US
or Canada)
_______Counter To Counter Air $350/Shipment(U.S.) or $400/Shipment to Canada
with One Dose per shipment
_______Pick Up Semen (Your Container): $125/pickup with One Dose per
shipment —$275 if farm provides semen container.
_______Stallion Service Auction Chute Fee $500.00 (Shipped Semen Only)
_______Embryo Transfer Mare (1 Total Breeding Fee per Embryo)
_______2008 Total Breeding Fee @ $1750 via Shipped Semen Only (please pay with
check or cash)
_______2008 Discounted Breeding Fee for 2nd mare bred (ONLY WITH SAME
OWNERS ON PAPERS AS FIRST MARE) @ $950/mare
Mare
Owner:____________________________________________________________________________________________________________________________
Signature:X______________________________________________________________________________________________Date___________________________
Address________________________________________________________________________________________________________________________________
City/State/Zip:___________________________________________________________________________________________________________________________
Telephone: (Work):_______________________ (Home):__________________________(Cell):__________________________
(Fax)__________________________
E-MAIL
ADDRESS______________________________________________________________________________________________________________________
******************************************************************************************
STALLION MANAGER SIGNATURE:________________________________________________________________________________________Date:__________________________
Credit Card Information: (card will be
charged upon receipt of this contract):
* WE PREFER THAT BREEDING FEES AND CHUTE FEES BE PAID FOR WITH A
CHECK.
Please charge my credit card for all fees:
______Visa
_______MasterCard
Name of
Cardholder:_______________________________________________________________________
Billing Statement
Address:___________________________________________________________________________________________
Card
#_____________________________________________________________ Exp Date
__________ 3 #’s on back of card ______
Signature
___________________________________________________________________ Phone
_______________________________
PLEASE SIGN AND RETURN ALL PAGES OF
CONTRACT. STALLION OWNER WILL SIGN AND RETURN COPY TO YOU.
|