Fill and Sign the Agreement Sheep Form

Agreement to Sell and Purchase Sheep Agreement made on the ____ day of _____________________________, 20___, between _______________________________________________ (Name of Buyer) of ________________________________________________________________________ ________________________________________________________________________ ___________________________ (street address, city, county, state, zip code) , referred to herein as Buyer, and ______________________________________________ (Name of Seller), a corporation organized and existing under the laws of the state of ________________________________________________, with its principal office located at _______________________________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as Seller. 1. Sheep to be Purchased For and in consideration of ___________________________ (dollar amount) per ____________________________ (e.g., head) to be paid as set forth in Section 6 of this Agreement, Seller agrees to sell and will deliver to Buyer, and Buyer will purchase and accept the following-described sheep, under the following terms and conditions:  Number of head to be purchased: ( number) ______________________ .  Condition: (describe condition) _______________________________________ _________________________________________________________________ _________________________________________________________________ _ .  Average weight (minimum figure): (number of pounds or other measurement of weight) __________________________________________________________ . 2. Delivery Delivery of the sheep subject to this Agreement is to be Seller F.O.B. cars at ________________________________________________________________________ ________________________________________ (address of rail or highway terminal) , subject to Buyer's being able to bill the sheep to final destination at _________________ ________________________________________________________________________ _________________________________________________ (address of destination) , by ____________________________________________ (date) , or by pasture at ________________________________________________________________________ ______________________________________________________ (location of pasture) , at Buyer's option. 3. Weighing A. All sheep shipped to Buyer pursuant to this Agreement shall be weighed prior to loading for Buyer's destination, and all weighing fees are to be paid by Seller. B. The sheep shall be lotted in dry pans off feed and water for ____________ ( number) hours before weighing and shall be weighed with dry fleeces prior to loading. 4. Inspection All sheep shall have been inspected prior to loading, in conformity with all federal, state, and other necessary laws and regulations, and all inspection fees are to be paid by Seller. 5. Seller’s Warranties A. Seller warrants that all sheep shipped to Buyer pursuant to this Agreement shall be free from all liens, including any tax liens and other encumbrances, and Seller warrants and agrees to defend title to the same. B. Seller further warrants that the sheep , when delivered at the time and place specified above, shall conform to those sheep that were exhibited by Seller to Buyer on _____________________________________ ( date) , at _____________ __________________________________________________________________ __________________________________ (location of exhibition) . Seller further warrants that the sheep shall be of merchantable quality and shall average in weight not less than __________________ (number) pounds and shall contain no sick, longtail, crippled, burry wool, wrinkled-bodied, or hairy sheep weighing less than __________________ (number) pounds. 6. Payment of Consideration As consideration for the sheep, Buyer does hereby pay to Seller ______________ _______________________ (dollar amount) , receipt of which is acknowledged by Seller, and Buyer agrees to pay the balance of the consideration on delivery and acceptance of all sheep delivered as specified above at the rate of ___________________ ___________________ (dollar amount) per ________________________ (e.g., head) . 7. Risk of Loss The risk of loss from any casualty to the sheep regardless of the cause of such loss or casualty shall be on Seller until the sheep have been accepted by Buyer pursuant to this Agreement. 8. Rescission of Contract If any of the terms, conditions, warranties, or representations with regard to the sheep on the part of either party are violated, then, on discovery of such violation, the other party may summarily rescind and annul the transaction set forth in this Agreement and shall be permitted to recover all sums of money previously deposited by him with the other party either as deposit or full payment of the consideration. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________________________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________ (Name of Seller) __________________________________ ____________________________________ (Name of Buyer) ____________________________________ ( N ame of Officer and Office) STATE OF ______________________________________ COUNTY OF _________________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ___________________________________, 20___, within my jurisdiction, the within named, ______________________________________ (Name of Buyer), who acknowledged that he executed the above and fore going instrument. ______________________________ NOTARY PUBLIC My Commission expires: ______________________ STATE OF _______________________________________ COUNTY OF ________________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of __________________________________, 20____, within my jurisdiction, the within named ______________________________________ (Name of Officer), who acknowledged that he is ________________________________ (Name of Office) of _______________________________________________________ (Name of Corporation) , a ____________________________________________ (name of state) corporation, and that for and on behalf of the said corporation, and as its act and deed he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. ______________________________ NOTARY PUBLIC My Commission expires: ______________________ Note: Form of Acknowledgment may vary by state.