Livestock Heifer Calf Form

Livestock Heifer Calf Sale and Boarding Agreement

This Livestock Heifer Calf Sale and Boarding Agreement (the Agreement) is entered into by and between Seller Name: and Buyer Name: . Effective Date: County/State of performance:

WHEREAS

1. Seller is the lawful owner of certain heifer calves described below and desires to sell and/or provide boarding and management services for those animals under the terms set forth herein.

2. Buyer desires to purchase and/or board heifer calves from Seller and to receive animal care, record-keeping and transport services under the terms of this Agreement.

3. The parties intend that this Agreement set forth the scope of services, payment obligations, warranties, risk allocation and other material terms governing the sale and boarding of the described livestock.

IDENTIFICATION OF ANIMALS

SCOPE OF WORK

Seller shall sell and, where applicable, provide boarding, feeding, routine veterinary administration, record-keeping, and handling services for the heifer calves identified above in accordance with accepted industry practices and the specific instructions set forth below.

PAYMENT TERMS

Purchase Price (total): $ . Deposit: $ payable upon execution.

Balance due: . Payment schedule, if different from the foregoing, shall be as follows:

Late payment fee: . If Buyer fails to timely pay amounts due, Seller may withhold delivery, charge storage and collection costs, and exercise rights provided by law.

Cash    Check    Wire / Electronic Transfer    Card

TERM AND TERMINATION

Term Commencement Date: . Termination/Completion Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. Upon termination, Buyer shall pay all undisputed sums for services performed, care provided, and costs incurred up to termination date. Seller may retain security interest in livestock for unpaid charges until paid in full.

HEALTH, WARRANTIES AND REPRESENTATIONS

Seller represents that to the Seller's knowledge the heifer calves were maintained in a sound and healthy condition on the Effective Date and that vaccination and testing described below have been performed as indicated.

Health certificate provided: Yes    No

Seller expressly disclaims any implied warranty of fitness for a particular purpose beyond those warranties set forth herein. Any express warranty period: days from delivery, unless otherwise agreed in writing.

DELIVERY, TRANSPORTATION AND RISK OF LOSS

Delivery Date: . Delivery Location:

Title and risk of loss shall transfer to Buyer upon , unless otherwise stated in writing. Transportation costs and liabilities shall be borne by: .

INSPECTION, ACCEPTANCE AND MORTALITY

Buyer shall inspect the animals within days after delivery. Notice of nonconformity must be given in writing within that period specifying the nature of any claim. Absent timely notice, animals shall be deemed accepted.

Mortality and mortality insurance arrangements: Seller provides mortality insurance    No insurance provided

CONFIDENTIALITY

The parties shall treat as confidential all nonpublic business, health, price and care protocols and financial terms disclosed in connection with this Agreement, and shall not disclose such information to third parties except (a) to employees, veterinarians and contractors who have a need to know and are bound by confidentiality obligations, (b) as required by law, or (c) with the prior written consent of the disclosing party. Confidential information does not include information that is or becomes public through no fault of the receiving party.

INDEMNITY

Each party shall indemnify, defend and hold harmless the other party from and against third-party claims, liabilities and reasonable costs (including attorneys' fees) arising out of the indemnifying party's negligent acts or omissions in performance under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where performance occurs as specified above without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including any schedules and written attachments signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. No modification of this Agreement shall be effective unless in writing and signed by both parties.

NOTICES

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to execute such further instruments and documents and take such further actions as may be necessary to effectuate the purposes of this Agreement.

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