Monaco Pines Alpaca Ranch Breeding Terms & Conditions
-LIMITED WARRANTY-
Monaco Pines Alpaca Ranch, LLC makes the
following Limited Warranty to the Dam Owner:
Truth In Sales:
Monaco Pines Alpaca Ranch, LLC warrants that to the best of their
knowledge, the Herdsire is injury free and in full health at the time of
Dam Owners Breeding.
Professional Practices:
All breeding preformed at the Monaco Pines Alpaca Ranch, LLC facility
will take place in a separated, enclosed pen and will be monitored at
all times by a least one (1) Monaco Pines Alpaca Ranch, LLC staff
members.
At Dam Owners request Dam Owner will be
given a complete health history for breeding Herdsire, including
inoculations, medications and/or other materials to verify Herdsire’s
current good state of health.
General Breeding Guarantees Defined:
Monaco Pines Alpaca Ranch, LLC guarantees a cria will be conceived as a
result of the first breeding of the Breeding Service.
Dam Owners’ Exclusive Remedies:
If the conditions of “General Breeding Guarantee Defined” are satisfied
to show the breeding female did not conceive and the guarantee has not
been satisfied, then the Dam Owners’ exclusive remedy shall be a free
re-breeding of same type, that includes the same female and Herdsire as
stated in the breeding agreement at no cost.
If breeding was Mobile or Drive-By the
re-breed must be used within 12 months from date of negative pregnancy
test or said rebreeding option shall be deemed waived by non-use.
If the female does not conceive within 2 breeding attempts, then the
breeding contract will be terminated. (Maximum of 2 visits to our
Herdsire per breeding contract.)
After appropriate Vet checks have been
performed to insure female’s fertility, if the dam is found to be
fertile the customer then has the option to open a Drive-by breeding
contract, or a Traditional breeding contract and transfer their paid
funds to the new contract or receive a refund.
After appropriate Vet checks have been performed to insure female’s
fertility, if the dam is found to be sterile the Dam Owner is entitled
to no new contract and no refund of paid funds.
Any refunded funds for a Traditional Breeding contract will be refunded
minus agistment and vet fees.
Any refunded funds for a Mobile Breeding contract will be refunded minus
travel fee. Travel fee is $150.00
Live Birth Guarantee Defined:
Monaco Pines Alpaca Ranch, LLC guarantees a live cria will be born to
the Dam Owner’s Dam as a result of this Breeding Service. The live
birth guarantee is satisfied if the cria survives 24 hours after birth.
If Dam Owner claims the guarantee is not fulfilled then Dam Owner shall
provide proof from a licensed veterinarian that the cria died within 24
hours after birth, along with a report on the cause of death, in the
event that the pregnancy produces a viable fetus. If the Dam looses the
fetus prior to delivery by absorption or miscarriage, proof of such
event shall be required within 30 days of discovery the Dam no longer is
carrying a viable fetus.
Dam Owners’ Exclusive Remedies:
If the conditions of “Live Birth Guarantee Defined” are satisfied to
show the live birth guarantee has not been satisfied, then the Dam
Owners’ exclusive remedy shall be entitled to either a refund, a free
re-breeding, or none of the above, with Monaco Pines Alpaca Ranch, LLC
exercising the choice of which option will be provided to the Dam Owner.
Dam Owner shall give notice of non-satisfaction of the conditions in
“Live Birth Guarantee Defined” within 12 months from the date of final
breeding. Dam Owner shall exercise any rebreeding option within 12
months after the Breeding Service fee was earned, or said rebreeding
option shall be deemed to be waived by non-use.
No Other Guarantees Or Warranties:
No guarantees or warranties are provided by Monaco Pines Alpaca Ranch,
LLC or their agents or employees beyond those expressly stated herein.
No other warranties implied or otherwise have been made by Monaco Pines
Alpaca Ranch, LLC.
Void Of Warranty:
Abuse or neglect on the part of the buyer resulting in a lost pregnancy
(such as, but not limited to, not shearing in the spring for summer,
mal-nutrition, neglect) will nullify all warranties.
End Of Warranty:
Warranty ends after first birth of live cria living 24 hours or two (2)
failed breeding attempts.
-BREEDING BONUS TERMS-
Sales Discounts:
Return customers purchasing their second animal breeding receive a 10%
discount.
-GENERAL BREEDING TERMS-
Pre-Breeding Inspection:
Monaco Pines Alpaca Ranch, LLC reserves the right to have a veterinarian
perform an independent health and breeding soundness examination of any
female to be bred to a Herdsire in advance of the breeding. Any fees
incurred are at the Dam Owners expense.
Dam Owner (and/or the Dam Owners veterinarian or Dam Owners agent) has
had the opportunity to fully and completely examine the alpaca and
documentation regarding the Herdsire's’ health and is fully satisfied
with its condition in all respects prior to breeding.
Breeding Agreement:
Each Dam Owner and Monaco Pines Alpaca Ranch, LLC shall sign a Breeding
Agreement.
Non-Applicability Of The UCC:
This is a contract for service and not for the sale of “goods” within
the meaning of the Uniform Commercial Code. The UCC warranties of
merchantability and suitability for a particular purpose do not apply as
a matter of law; however, if the parties operate under a mistake of law,
then Dam Owner acknowledges that all UCC warranties are waived as a
matter of fact. Accordingly, no remedies under the UCC applicable to
the sale of goods are available to Dam Owner.
Governing Law:
The laws of the State of Texas will govern the sale of breeding and all
transactions between the Dam Owner and Monaco Pines Alpaca Ranch, LLC.
Any actions shall be made only in a court residing in the State of
Texas.
Limitation Of Damages:
In no event shall damages be awarded in any legal proceedings for Dam
Owners incidental or consequential damages of any kind, including but
not limited to delay in performance, lost profits or lost production.
Waiver And Release Of Liability:
Dam Owners release, discharge and agree to hold Monaco Pines Alpaca
Ranch, LLC and their agents and employees harmless for all claims that
may arise as a result of this Breeding Service contract. Dam Owners
represent either that the Dam (and any cria at her side) are insured or
that the Dam Owners are acting as their own self insurer, both as to
mortality, and also as to any injury damage or any event causing a loss
of value of Dam (and any cria at side) that may occur. Dam Owners
further agree that their sole remedy in the event to damage, loss or any
event causing a loss of value to either Dam or any cria at the side
shall be to make claim against any insurance policy that they have
acquired. If Dam Owner fails to acquire such insurance and hence act as
their own self-insurer, they shall be deemed to have waived any claim
against Monaco Pines Alpaca Ranch, LLC, agents and employees.
Monaco Pines Alpaca Ranch, LLC Management
Discretion:
During the service period, Monaco Pines Alpaca Ranch, LLC is given full
discretion to manage Breeding Services of the dam to achieve pregnancy.
Monaco Pines Alpaca Ranch, LLC is given complete discretion to authorize
emergency care for the Dam and/or cria at side, should the need arise.
The cost of such medical care shall be born by the Dam Owner.
Incoming Female Health Policy:
Dams current condition - Dam owners agree to that their Dam is in a
healthy condition and free of disease and major genetic defects. In
consideration of this Agreement, Dam Owner represents the following
facts as to the Dam:
a. Dam has no venereal disease
b. Dam is free of any vaginal discharge
c. Dam has not been exposed to any stud for at least 60 days before
breeding is to take place
d. Dam is not pregnant
e. Dam has no difficulty in conception or in retaining a fetus upon
conception
f. Dam is free of all infectious and communicable disease
g. Dam owner will provide Certificate of Veterinary Inspection (CVI)
proving
1. The Dam has tested negative for BVDV.
2. All shots are up-to-date.
3. Dam has achieved a negative fecal test
4. Dam is cleared for interstate travel (if applicable)
h. Dam owner will provide copy of ARI Certificate
If any of these representations are
untrue, then Monaco Pines Alpaca Ranch, LLC can void the contract and no
funds paid will be refunded. Furthermore, Dam Owner will be responsible
for any damages caused to alpacas belonging to Monaco Pines Alpaca
Ranch, LLC by such misrepresentation, even if the misrepresentation is
unknown.
Breeding Herdsire Health Policy:
Stud’s current condition - Monaco Pines Alpaca Ranch, LLC agree that
their stud is in a healthy condition and free from disease and major
genetic defects. In consideration of this Agreement, Monaco Pines Alpaca
Ranch, LLC represents the following facts as to the Stud.
a. Stud has no venereal disease;
b. Stud is free of any penile discharge;
c. Stud is capable of impregnating females;
d. Stud is free of all infectious and communicable disease;
e. Stud has tested negative for BVDV;
f. All shots are up-to-date
If any of these representations are
untrue, then Dam Owner can void the contract and funds paid will be
refunded.
Traditional Breeding:
Free 60-day agistment included for your dams stay.
Twice a day grain feeding with hay and pasture feeding.
Pregnancy tests at 30 days, and then again at 60 days at Dam Owners
expense.
Insurance, Breeding, Grooming & Training are NOT included in boarding
agreement
Dam Owners alpaca MUST be fully insured for Full Mortality and Risk of
Loss during their stay and the Monaco Pines Alpaca Ranch, LLC facility.
Monaco Pines Alpaca Ranch, LLC reserves the right to require Dam Owner
to provide proof of Full mortality and/or Risk of Loss insurance.
All veterinary expenses and/or medical bills incurred during the dam’s
agistment are the responsibility of the Dam Owner. However the Dam Owner
will be consulted in advance on veterinarian and health services unless
an emergency warrants otherwise.
-PAYMENT TERMS-
Payment Terms For All Breedings:
50% deposit at signing of the breeding contract, and the other 50% is
due five (5) business days from date pregnancy is confirmed.
Breeding Fees:
Fee for breeding is the stud fee for the desired Herdsire.
Currency:
All amounts are in US Dollars.
All settlements for alpaca are to be paid in US Dollars only.
Accepted forms of payment are: cash, personal or business check, money
order, wire transfer or electronic fund transfer (EFT) unless otherwise
noted
-CASH REFUNDS SERVICE FEE-
Any cash refund issued for any
reason is subject to a 2.5% service fee at the discretion of Monaco
Pines Alpaca Ranch, LLC
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