Customer Sales Agreement
Customer Sales Agreement for Cattle, Semen, and Embryos
Please print this for your records at time of checkout.
Cattle Sales Agreement
Liability and Insurance
Ownership of the animal transfers at the time of sale and buyer bears the risk of injury, disease or death which may occur. Insurance is available through James Bessler @ (815) 762-2641 or jamesfbessler@yahoo.com.
Female guarantee
All females are guaranteed to be natural breeders for one natural calf. This however, is not a lifetime insurance policy.
This guarantee does not include injury, death, management, or feed or nutrition issues. Breeding guarantee is voided if any of the following occur: injury, death, disease, natural disaster, gross negligence or misconduct, heifers not in suitable body condition score to breed (too fat or too skinny), virgin heifers flushed or IVF'd prior to having a natural calf, or heifers exhibited at livestock shows. We do not guarantee conception rates of AI nor do we guarantee females to produce embryos through IVF or Conventional Flush. Buyers must notify us of any breeding concerns not before 24 months of age nor after 36 months of age. Should a breeding concern arise, buyer is responsible to return the animal to HM Cattle Co. HM Cattle Co will have 6 months to prove the animal to be a breeder. Should the female be a non-breeder, HM Cattle Co has the option to select a suitable replacement if available, or issue a sale credit to be used in a future purchase at HM Cattle Co. No cash refunds are given.
We make no further guarantees, including but not limited to ability of a female to compete in livestock shows, ability to be halter broken, disposition, number of years in production, or number of embryos produced. HM Cattle Co retains ownership of all DNA cell lines. There is no guarantee on any animal once an animal is exported outside of the USA.
Bull guarantee
All bulls are guaranteed to be natural breeders and pass a fertility exam. This guarantee is void if you attempt to collect frozen semen prior to the bull having an opportunity to breed a group of females naturally. We do not guarantee bulls to produce a minimum quantity of conventional or sexed semen. This however, is not a lifetime insurance policy.
This guarantee does not include injury, death, management, or feed or nutrition issues. Bull guarantee is void if the following occur, injury, death, disease, natural disaster, gross negligence or misconduct, bulls not in suitable body condition score to breed, or bulls exhibited at livestock shows. Buyers must notify us of any fertility concerns not before 24 months of age nor after 36 months of age. Should a fertility concern arise, buyer is responsible to return the animal to HM Cattle Co. HM Cattle Co will have 6 months to prove the animal to be fertile. Should the bull be non-fertile, HM Cattle Co has the option to select a suitable replacement if available, or issue a sale credit to be used in a future purchase at HM Cattle Co. No cash refunds are given.
We make no further guarantees, including but not limited to ability of a bull to compete in livestock shows, ability to be halterbroken, disposition, number of years in production, or ability to freeze any semen. HM Cattle Co retains ownership of all DNA cell lines. There is no guarantee on any animal once an animal is exported outside of the USA.
Health
Cattle are eligible for a state approved health certificate for interstate shipment in the USA. Buyers should make themselves aware of health requirements for their respective states. Animals have been provided the utmost care, nutrition, and vaccinations under the guidance of our veterinarian. Animals are assumed sound and healthy at sale time. No guarantee is made for health requirements for export outside of the USA.
Payment and Transfer
Terms of the sale are cash, check, credit card or bank wire due upon receipt, and before animals leave HM Cattle Co. Unpaid accounts are billed 18% APR beginning thirty (30) days following sale.
Upon receipt of payment, HM Cattle Co will transfer registration paper to the buyer. If full payment is not received within 14 (fourteen) days, then upon written or electronic notice to buyer, HM Cattle Co shall retain ownership of animal with full property rights, including the ability to sell the animal to another buyer.
Feeding terms
Heifers and bulls will be provided free care in our development program until weaned at maximum of 6 months of age and a 30 day period after weaning, then after this period feed is billed at $7/head/day unless otherwise written by HM Cattle Co and the Buyer. If desired, some cattle may be sent to the show barn for halter breaking immediately after weaning, however feeding charges of $20/day begin immediately.
These charges are not designed for us to make money, but to cover our costs. Any veterinary expense will be the owner's obligation. All accounts will be billed monthly. Feed charges must be paid in full when the cattle are picked up.
Other Terms: We do not make any guarantee of disposition or show placings. HM Cattle Co will coordinate the registration transfer process for the new buyer. If HM Cattle Co has represented the results of genetic tests, buyer understands that genetic testing companies are not 100% accurate and agrees to hold HM Cattle Co. harmless if the genetic company makes a mistake.
Embryo Sales Agreement
Sale Terms: This sale is governed by the law of Texas. Ownership transfers at the time of sale and buyer bears all risk of loss after
purchase. We recommend purchasing an insurance policy to cover investments in case of loss. No semen or embryos will leave the ranch without a secure form of payment. All sales should be paid in full within a 30 days of purchase. If the embryos is not paid for within 30 days, an interest charge of 18% APR will be charged.
Transportation / Storage: Buyer is responsible for any shipping, transportation, or storage costs.
Guarantee: For US clients, HM Cattle Co. guarantees one (1) 60-day pregnancy per every 3 embryos purchased, if implanted by a certified ET technician. If no pregnancy is achieved, one (1) additional embryo will be released free of charge. No cash back given. There are no guarantees on international orders. If replacement embryos are needed to meet a guarantee, HM Cattle Co. reserves the right to replace embryos with the same mating, or if not available, a similar mating of equal value. If HM Cattle Co has represented that the embryos are sexed female and/or sexed male, or results of genetic tests, buyer understands that sexed semen and genetic testing companies are not 100% accurate and agrees to hold HM Cattle Co harmless if the genetic company makes a mistake. We do not guarantee live calves. We reserve ownership of all DNA cell lines of animals, semen and embryos sold. These terms, and any special terms written on this ticket, represent the full agreement between buyer and HM Cattle Co.
Semen Customer Agreement
By purchasing semen from HM Cattle Company, you agree to the following terms. Buyers, print this out for your records.
This PUREBRED BRAHMAN SEMEN SALES AGREEMENT (the “Agreement”) is made by and between HM Cattle Company, located at 33990 N Hwy 281, in Edinburg TX 78542, and any affiliated co-owners of bulls listed above, and the buyer listed above (the “Buyer”) (Collectively referred as the “Parties” and individually referred as the “Party”).
SECTION 1. – SEMEN PURCHASE
1.1. Semen. The semen purchased under this Agreement shall be from purebred Brahman bulls registered by HM Cattle Co. with the American Brahman Breeders Association (“ABBA”) (the “Semen”).
1.2. DNA / Blood Typing. The bull sold above is DNA verified on file with the ABBA as required to meet registration requirements at the time of purchase.
1.3. Semen Quality. HM Cattle Company represents that its semen is of marketable quality at the time of the purchase, and meets the standards for frozen semen collection from the semen centers (Integrated Breeders Service, Brushy Creek Custom Sires, Sexing Technologies, and Elgin Breeding Services). HM Cattle Co. makes no guarantee of conception rates of AI, ET or IVF. It makes no guarantee of number of embryos produced, or number or pregnancies produced.
1.4. Buyer Storage and Maintenance Responsibility. Buyer is responsible for following proper storage, semen tank maintenance, liquid nitrogen filling, semen thawing, semen handling and any other responsibilities for maintaining the semen quality.
1.5. Term. This contract is valid only for the purchase of the above referenced semen.
1.6. Purchase Price. The purchase price for the Semen will vary among sires and is negotiable between HM Cattle Company and Buyer.
1.7. Payment Methods. HM Cattle Co. accepts payment for the Semen via cash, check, or credit card. The Semen will not be released without full payment.
1.8. Shipment of Semen. Buyer is responsible for the shipment of Semen. The Semen will be released in the Buyer’s name at the respective storage facility where the Semen is housed. HM Cattle Co. shall provide instructions to Buyer regarding said storage facility. Buyer may pick up the semen or is responsible for shipping costs directly to the Storage Facility. HM Cattle Co bears no responsibility for damages to semen while in transit. The Buyer should purchase insurance on the shipment to cover their risk.
1.9. No Resale. Under no circumstances may the Semen be resold, traded, transferred, donated, or exchanged to other cattle breeders by Buyer without written permission by HM Cattle Co.
1.10. Use of Semen. The Semen is sold for the intent of in-herd use of the Buyer. It may only be used by the Buyer and his/her immediate family members. Semen may not be split or divided among different herds.
1.11. No Partnership Flushes. The Semen may not be utilized for partnership or co-owned flushes unless all partners or co-owners are signatories of this Agreement and Buyers of Semen.
1.12. Reverse Sorting Semen. HM Cattle Co. makes no guarantee on the ability for conventional (non-sexed) semen to be reversed sorted. Any guarantee is voided if semen is attempted to be reverse sorted
1.13. AI Certificates. HM Cattle Co. will issue the Buyer one (1) artificial insemination (“AI”) certificates per unit of Semen purchased to the ABBA to the Buyer’s account at no additional cost to the Buyer, unless more than 1 certificates are included with an ET package at time of purchase. AI certificates will be released at the time that the application for registration is submitted to the ABBA. Buyer may request AI certificates by calling Hondo Martinez @ 956-735-3707 or email at hmcattleco@yahoo.com. If additional AI certificates are requested by Buyer, then HM Cattle Co will issue Buyer extra copies via the ABBA at the list price for the current year for that particular sire (i.e., currently between $50 to $200per certificate depending on the sire) unless otherwise stated in the written description when primarily purchasing the semen. purchasing Said AI certificates are non-transferable and will only be issued to the Buyer or a family member. AI certificates will not be issued to partners as referenced in 1.9. and 1.11.
1.14. Holding Brand of Live Cattle. AI Certificates will only be issued for animals carrying the registered holding brand of the Buyer. AI certificates will not be issued for unbranded cattle.
1.15. Marketing Release. HM Cattle Co may use images of calves resulting from this semen for promotion, marketing, and educational purposes.
1.16. Confidentiality. Buyer agrees to keep the terms of this Agreement or the sale price of the Semen confidential and not disclose the terms to third parties except as ordered by a court.
1.17. Injunctive Relief. Buyer recognizes that HM Cattle Co will suffer irreparable harm if Buyer breaches this Agreement and monetary damages may be inadequate to compensate HM Cattle Co from such breach; thus, HM Cattle Co may be entitled to seek injunctive relief in addition to any other remedy at law or equity to enforce such provisions.
1.18. Disclaimer. LICENSOR MAKES NO OTHER WARRANTY OF FITNESS OF THE SEMEN FOR A PARTICULAR PURPOSE, NOR OF MERCHANT ABILITY OF THE SEMEN, OR ANY OTHER EXPRESS OR IMPLIED WARRANT SHALL EXIST OTHER THAN WHAT IS PROVIDED IN THIS AGREEMENT.
SECTION 2. – MISCELLANEOUS PROVISIONS
2.1. Waiver. Any failure in the exercise by either Party of its right to terminate this Agreement or to enforce any provision of this Agreement for default or violation by the other Party shall not prejudice such Party’s rights of termination or enforcement for any further or other’s default or violation or be deemed a waiver of forfeiture of those rights.
2.2. Severability. If any provision of this Agreement is held invalid or unenforceable then the other provisions of this Agreement shall remain in full force and effect.
2.3. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding HM Cattle Co’s semen sales of this Agreement.
2.4. Amendments or Modifications. This Agreement and any exhibits or addendums attached hereto may only be amended by a written instrument executed by the Parties.
2.5. Choice of Law. This Agreement shall be interpreted in accordance with the law of Texas without giving effect to that state’s choice of law rules.
2.6. Choice of Forum. The forum for any dispute or litigation arising out of this Agreement shall be in Hidalgo County, Texas or in a Federal District Court in Texas.
2.7. Assignment. Neither Party may assign this Agreement without written permission from the other Party.
2.8. Binding Effect. This Agreement shall be binding on any successors and assigns.
2.9. Third Party Beneficiaries. No third party shall have any rights under the terms of this Agreement.
2.10. Headings. The headings and subheadings contained in this Agreement are for reference and readability purposes only and will not affect the meaning or interpretation of this Agreement.
2.11. Execution. A scanned, digitally signed, or faxed copy of this Agreement shall be deemed to be an original. The Parties may execute this Agreement in counterparts.