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FROZEN
SEMEN CONTRACT
This
stallion frozen semen Service Contract hereinafter designated Contract
for the breeding season of 20___ made and entered into on the ____day of
_________________, is by and between Pohl Reining Horses, Inc.,
hereinafter designated Stallion Owner and ________________________________,
hereinafter designated Mare Owner. Mare Owner agrees to breed the Mare,
___________________________, Reg. No. _____________, to the stallion
Whizard Jac, hereinafter designated Stallion, Reg. No. 3184588, for the
fee of $______ for a live foal subject to the following conditions:
1. A breeding fee of $______ in US currency is payable with this
contract. All expenses shall be paid before the frozen semen is shipped.
This contract becomes binding by both parties when breeding fee is paid
and Stallion Owner sign and returns one copy of the contract
to Mare Owner.
2. Should Stallion Owner initiate legal action to enforce any terms of
the Contract, Mare Owner shall pay all of Stallion Owners court costs
and attorney fees incurred.
3. Neither Stallion Owner, nor any other representative shall be
liable for failure of the Mare to get in foal or produce a live foal for
any reason whatsoever. A live foal is defined as a newborn foal that
stands and nurses without assistance. Mare Owner specifically
understands that Pohl Reining Horses, Inc. makes no
warranties or guarantees, expressed or implied as to the fertilizing
capacity of any semen provided by Pohl Reining Horses, Inc. Mare owner agrees
to notify Stallion Owner when Mare is confirmed safe in foal.
4. In the event that inseminations using the standard 3 doses (1 dose is
described as 800 million total sperm) of frozen semen from the Stallion
do not result in a live foal as certified by a licensed veterinarian,
breeder will provide an additional 3 doses of frozen semen from the
Stallion for inseminations in the current breeding season or
subsequent breeding season at no additional charge except
shipping costs (export handling fee, Nitrogen tank rental, and
refundable container deposit) which must be paid by Mare Owner. At this
point Pohl Reining Horses, Inc. will have fulfilled their
obligations under this contract.
5. Mare Owner shall indemnify and hold Stallion Owner, Breeder,
employees, veterinarian and any parties involved harmless against any
loss, liability, or damages incurred in connection with or arising from:
(i) the services provided under this Contract, (ii) any activity, work,
or thing done or permitted to be done by Stallion Owner or Breeder
pursuant to this contract, (iii) any acts, omissions, or negligence of
Stallion Owner or Breeder or any person claiming under Stallion Owner,
(iv) any breach, violation, or non-performance by Mare Owner or any
person claiming under Mare Owner of any term, covenant, or provision of
this Contract, or any law, ordinance or governmental requirement of any
kind or (v) liability for any loss including but not limited to fire,
theft, sickness, disease, injury, death, damage or other harm suffered
by Mare, foal, or Mare Owner, Agent or employees whether or not deemed
to be caused by Stallion Owner or Breeder's negligence.
6. A Breeder's Certificate will be issued for the foal when all fees
have been paid in full and the Stallion Owner is notified that the foal
has been born.
7. It is agreed that should Whizard Jac die, be sold, or become unfit
for use prior to settling the Mare, the breeding fee paid will be
refunded, thereby canceling this contract. In the event that the Mare
dies or becomes unfit for use after being serviced by Stallion, the
Stallion Owner has the option of accepting another mare as
replacement.
8. It is agreed that should the Mare be sold or change ownership after
being serviced by the Stallion, rebreed privilege will no longer be
valid.
9. Mare Owner is responsible for all costs related to the care of Mare
named above including all veterinary costs for whatever reason.
10. Pregnancy losses/confirmations should be reported immediately to
Stallion Owner. All pregnant mares must be vaccinated for
Rhinopneumonitis at 5, 7, and 9 months of gestation or rebreed and live
foal guarantees are not valid.
11. This Contract shall be governed in accordance with the laws of the
State of Ohio, USA. Each provision hereof shall extend to and shall, as
the case may require, bind and inure to the benefit of the Mare Owner
and their respective heirs, legal representatives, successors and
assigns. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not effect any other provisions hereof and this
Contract shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
12. Mare Owner agrees to return shipping container to Gumz Farm at Mare
Owner's expense per instructions of Gumz Farms within two weeks from the
date of receiving the container. Failure to do so will result in
forfeiture of container deposit. Mare Owner agrees to insure container
during shipment for the deposit amount at Mare Owner's expense. If a
container is shipped uninsured and damage occurs, Mare Owner forfeits
the container deposit to Gumz Farms.
13. This Contract represents the entire agreement between the parties.
No other agreements or promises, verbal or implied are included unless
specifically stated in this written contract.
14. Ordering Frozen Semen-Mare Owner must notify Breeding Facility a
minimum of five (5) days prior to shipment date.
15. Additional Conditions, if NONE check box.
o
Fees for purchasing frozen semen in USA for shipment outside USA:
Stallion Breeding Fee.........
......$3000
Export Handling Fee................... $250 per shipment
Nitrogen tank rental................
$100 per shipment
Refundable Container Deposit
.$750
shipping charge approximately..$100 (two ways)
Fee for purchasing semen in Italy for shipment outside
USA:
$3000
All normal charges related to preparation and shipping determined by
Select Breeders Service Europe.
All fees must be paid in full before semen is shipped.
Amount paid ________ Amount due ________
_________________________________________________
STALLION OWNER: POHL REINING HORSES, INC.
An Ohio corporation
7417 Richland Rd. NE
Rushville, OH 43150
(740) 536-3102 (phone)
(614) 620-7790 (cell)
(740) 536 9060 (fax)
bpohl70296@aol.com
_________________________________________________
MARE OWNER'S SIGNATURE
_________________________________________________
MARE OWNER'S PRINTED NAME
_________________________________________________
ADDRESS
_________________________________________________
CITY, STATE, ZIP, COUNTRY
_______________________________
PHONE NUMBER
_______________________________
EMAIL ADDRESS
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please call, email, write, or fax for a breeding contract
and shipped semen contract
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