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Transported Semen Stallion Service Contract, Messler Paint Horses, Ropers Reflection

This STALLION BREEDING CONTRACT FOR TRANSPORTED COOLED SEMEN for the breeding season of 2004, made and entered into on this________day of ________, 20___, is by and between Sandra Messler, hereinafter designated Stallion Owner, and____________________________________________, hereinafter designated Mare Owner. Mare Owner agrees to breed the Mare___________________________________________, Reg No._______________, to the Stallion Ropers Reflection APHA# 279,261, for the Stud Fee of $500, for a live foal, subject to the following conditions:

  1. The Stud Fee includes a non-refundable booking fee of $100, payable with this contract. The Stud Fee balance of $400 must be paid before semen is shipped.
  2. Stallion owner agrees to ship semen as described in Attachment 1 dated 11/01/03. If a mare fails to settle, for any reason, Mare Owner will hold Stallion Owner blameless. Mare Owner agrees to give Stallion Owner ample opportunity to settle mare, and agrees to follow the conditions described in Attachment 1 dated 11/01/03. Stallion Owner will agree to furnish mare owner shipments of semen as needed with a minimum of 24 hour notice (48 hours if possible). These shipments will be shipped as priced per shipment as detailed in Attachment 1 dated 11/01/03. The Mare Owner has the option to substitute another mare during the current season or have a return for the following season if the mare proves to be infertile during the 2004 season.
  3. It is the Stallion Owner's responsibility to provide the Mare Owner with one (1) package of semen (two (2) packages if available) in an industry standard container, with one billion viable spermatozoa per package.
  4. This contract contains a "Live Foal Guarantee". A live foal is described as a newborn foal which stands and nurses. If foal is born dead, there are return privileges, as outlined in Attachment 1 dated 11/01/03, for the 2005 season only if Stallion Owner is notified within thirty (30) days and receives a veterinarian's statement confirming death. If after being pronounced "safe in foal", the mare should miscarry, abort or prove barren, Mare Owner has the privilege to return her or a substitute mare for only the following year, 2005.
  5. A "Breeder's Certificate" will be issued for the foal, conceived by this mating, when ALL stallion fees and all other expenses (including veterinarian) have been paid in full; and, when mare has produced a live foal by this mating.
  6. It is further agreed that should the above named Stallion die, be sold by owner, or become unfit for service prior to settling the mare, that the Stud Fee less the Booking Fee and expenses owed will be refunded, if it has been paid in full, thereby cancelling this entire contract. If the mare dies before producing a live foal or becomes unfit to breed before being pronounced safe in foal, the Mare Owner may breed a substitute mare for the current breeding season or the following season only. No stud fees will be refunded.
  7. This contract is non-assignable and non-transferable.
  8. This contract is entered into the State of Colorado, and will be interpreted and enforced under the laws of Colorado. If any clause in the contract is against Colorado law, then that clause shall be null and void.
  9. The following rider is attached hereto and made a part hereof. Attachment 1 dated 11/01/03.
  10. This contract represents the entire agreement between the parties. No other agreements, promises, verbal or implied, are included unless specifically stated in this written Contract. The original contract will be kept on file at Messler Paint Horses and a copy provided for Mare Owner. When Mare Owner and Stallion Owner have signed this Contract, it will then be binding on both parties, subject to the above terms and conditions.
Mare Owner's (or authorized agent's) Signature____________________________________________ Stallion Owner's (or authorized agent's) Signature__________________________________________
Name:_______________________________________________ Phone (+ area code):________________________________
Address:________________________________________________________________________
City, State, Zip:___________________________________________________________________






Attachment 1 of 3 (dated 11/01/03)
RULES FOR SHIPPED SEMEN

A. Stud Fee for Ropers Reflection is $500. Booking fee of $100 is due with the signed STALLION BREEDING CONTRACT FOR TRANSPORTED, COOLED SEMEN.

B. A copy of the Mare's Registration Papers must also be included with the signed Contract along with a completed SHIPPING INFORMATION FORM contained in Enclosure 1.

C. Balance of Stud Fee, $400, is due before first shipment.

D. Equitainer refundable deposit of $300 is also due prior to the first semen shipment. Mare owner's deposit will not be refunded if container is not returned to Messler Paint Horses within five working days of receipt of semen.

E. Fed-Ex/shipping charges will be billed monthly. Other methods of delivery will be priced upon request. An airport courier charge will be assessed to all counter to counter shipments from the Colorado Springs Airport. Shipments will be insured to cover only Equitainer replacement and collection fee costs. If shipment is lost or delayed, Mare Owner assumes all risks of lost time and expense associated with preparation of his/her mare for breeding.

F. The mare owner is responsible for collection fee per shipment and all container shipping charges TO and FROM the breeding farm. Collections required on Sundays and holidays (unless veterinary services are unavailable and delivery impossible) will be charged an additional fee. Collection and transportation fees will be charged to Master Card or Visa as services are performed by the performing veterinarian.

G. All Stud Fees, including Equitainer refundable deposit, must be paid prior to shipping (out of state checks require 10 days to clear). If you wish to use a credit card for collection rather than prepay by check, A CREDIT CARD AUTHORIZATION FORM, (below), must be filled out prior to shipment.

H. A finance charge of 1.5% of the unpaid balance will be charged on all balances remaining due past thirty (30) days.

I. A 24 hour notice (48 hours if possible) is required for semen shipments.

J. In the event that not enough semen is collected to meet a day's breeding and shipping needs, ON SITE MARES WILL HAVE FIRST PRIORITY. Shipped semen requests will be filled in the order received.

K. Live Foal Guarantee. If the mare does not produce a live foal in 2004, a rebreed will be allowed for the same mare or a substitute mare for the 2004 season only.



Attachment 2 of 3
SHIPPING INFORMATION FORM
Name of Mare: _________________________________________
Mares Owner's Name: _________________________________________
Shipping Address: _________________________________________
No P.O. Box , Must be Street Address or Rural Route
Person Receiving shipment: _________________________________________
Phone Number:
(include area code)
_________________________________________
Fax Number:
(include area code)
_________________________________________
Unless otherwise specified, Fed-Ex Overnight Delivery will be used to deliver semen shipments. If you have your own Fed-Ex account and wish to be billed directly, fill in the following:
Fed-Ex Account No: _________________________________________
Account Name: _________________________________________
If you do desire an alternate method of shipment please specify it below and furnish any additional information that would be useful in serving your delivery needs ( i.e., nearest airport, etc.).
Requested alternate method _________________________________________
Additional information _________________________________________




Attachment 3 of 3
CREDIT CARD AUTHORIZATION FORM
Date: _____________________

To: Falcon Veterinary Services
Joel Brubaker, DVM, MS
Please use credit card for Veterinary Services______
This is to verify that I, ______________________________________ authorize Falcon Veterinary Services to pay my account with the use of my Master Card/Visa credit card. Falcon Veterinary Services has not stamped my card, but will keep this letter and signature on file to verify authorization. Falcon Veterinary Services will only charge my account at such time as I request cooled shipped semen for mare named in this contract.
Master Card Number: Expiration date:
Name on credit card:
Visa Card Number: Expiration date:
Name on credit card:
Signature: ______________________________________________________________


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