Contract for Purchase of a Bred Female Alpaca

Date:             

Parties:  “Sellers”                                “Buyers”        

Identity of Alpaca:
Name:                   

ARI:                    DOB:                Dam:                    Sire:     

           
Agreements:      
Property. Buyer(s) agree to purchase the pregnant female alpaca identified in this contract.
Price. The purchase price is US $(______). A deposit of $(_____) is due within seven days of this contract date. The balance shall be paid with certified funds by (date)________. The contract shall be paid in full in U.S. currency before Buyer(s) are entitled to possession of the animal and transfer of the ARI Registration Certificate for the alpaca into their name.
Passage of Title and Possession. Title shall pass to Buyer(s) upon completion of the following:
            Payment in full
Delivery to Buyer(s) by Sellers of the ARI Registration Certificate within 30 days, properly executed to effectuate a transfer of ownership to Buyer(s) in accordance with rules and regulations of the ARI. Possession of the animal to the Buyer(s) may take place upon entering into the contract and payment in full.
Risk of Loss. Risk of loss shall pass to the Buyer(s) upon entering into this contract for purchase and payment in full. It is the Buyer(s) responsibility to obtain full mortality insurance to protect against possible loss, if they so choose.
Warranty of Title. Sellers warrant that their title to the animal is free and clear of any liens, encumbrances, security interests, or other impediments to clear title of any kind. Sellers transfer to Buyer(s) free and clear title and agree to indemnify and hold Buyer(s) harmless from any claim of third parties to right of possession, encumbrance, lien, security interest or title to the animal.
Waiver of Implied Warranties. The implied warranties of merchantability and suitability for a particular purpose are waived. There are no warranties which extend beyond the description on the face of this contract. The animal is sold "as is". In lieu of any implied warranties, the animal sells with the written, express warranty, and specific rights and remedies in this contract, and no others.
Seller's Express Warranties. Sellers warrant the female is a breeder and is being sold as a pregnant female. Seller agrees to obtain an ultrasound test from a licensed veterinarian indicating pregnancy. The results of the test shall be deemed conclusive proof that the alpaca is, in fact, pregnant. Sellers warrant that the female’s genealogy is as set forth on her ARI Registration Certificate, a copy of which is attached to this contract.
No Other Warranties. No other warranties are made. All descriptions and representations about the animal are merged into this document. The Buyer(s) have no right to rely upon any statement, description, or representation concerning the animal except as set forth in this document.
Buyer(s) Option for Pre-Purchase Examination. Prior to purchase, the Buyer(s) have been offered the option, by Sellers, to undertake a full veterinary examination of the animal using a veterinarian of Buyer(s) choosing at Buyer(s) expense. If this option is desired, it shall be undertaken before Buyer(s) obtain possession and within seven (7) days of the purchase date. If the examination detects any adverse medical condition, the Buyer(s) shall notify the Sellers before delivery of possession and within three days of the exam. Within that time only the Buyer(s) shall have the option to rescind this contract and obtain a full refund. By virtue of the benefit of this provision for an independent medical examination, Buyer(s) forego any claim that the animal is defective, or fails to conform to the contractual terms, because of adverse health conditions of any kind.
Non-assignment. The warranties and remedies under this contract are non-assignable and inure only for the personal benefit of the Buyer(s). The warranties and the remedies shall be void and lapse in the event of any sale or transfer of any interest (including transfer of part‑ownership) in the animal.
Entire Agreement. This is the entire agreement between the parties. All previous discussions and negotiations have been merged into this written contract.
Jurisdiction and Venue.  If any dispute arises between the parties, venue and jurisdiction shall lie with the state and judicial district where Sellers reside. In addition to legal relief, a court is hereby authorized to grant injunctive, declaratory or other appropriate equitable relief to enforce both the grant and the limitation of warranties and remedies as set forth by this contract.
Attorney's Fees. In any legal proceeding arising out of this contract, the prevailing party shall be entitled to their reasonable attorney's fees and costs of suit, in addition to any other relief granted by the Court.
Limitation of Damages. In no event shall damages be awarded for the Buyer(s)' incidental or consequential damages of any kind, including, but not limited to, lost profits or lost production.
Requirement of Timely, Written Notice of Claim. No legal proceedings shall be instituted arising out of this contract unless written notice is delivered by Buyer(s)s to Sellers within 12 months of the date of this agreement, which notice shall specify the grounds upon which Buyer(s)s assert their claim, and give Sellers reasonable opportunity to respond and offer to cure the alleged breach, if appropriate.
Seller Provides Live Birth Guarantee. The live birth guarantee is deemed to be satisfied if the cria survives 48 hours after birth.
If the Owner of the Dam claims that conditions for a live birth have not been attained: The Sellers require that the Buyer(s) provide proof from a licensed veterinarian that said cria died within 48 hours of birth.
If dam loses fetus prior to birth by re-absorption or miscarriage: Owners of Dam shall notify the Sellers as soon as possible after discovery of said re-absorption or miscarriage. Sellers offer a re-breeding to Sellers available herd sires at no cost. Expenses for resulting progesterone and/or ultrasound tests are at the expense of the Sellers. The Buyer(s) are required to deliver the dam to the Seller's farm within 30 days of notification of loss of fetus. In the event the dam is not physically ready to breed, an extension to the 30 days is to be provided by the Sellers based on confirmation and recommendation of dam's condition by a certified veterinarian.
Agistment. Agistment will not be charged by the Seller until (date)__________.
Transportation. Transportation of the above said animal is the sole responsibility and cost of the Buyer(s) from Gill, CO.
Effective Date. Contract is effective when last signature is affixed to this contract.

Seller__________________________________________Date_______________

Seller__________________________________________Date_______________

Buyer__________________________________________Date_______________

Buyer__________________________________________Date_______________

Contract for Purchase of a Maiden Alpaca

Date:             

Parties:  “Sellers”                            “Buyers”        

Identity of Alpaca:
DOB:            ARI #:                Sire:                    Dam:         

Agreements:
Property. Buyers agree to purchase the female alpaca identified in this contract.
Price. The purchase Price is $(________). A non refundable deposit of $(_________) is paid this date. The balance of $(________) will be paid @ (_)% interest within (_)months. Two thirds (2/3) of the purchase price shall be paid in US currency before Buyer(s) are entitled to possession of the animal. Monthly principle and interest payments of $(______) shall begin on (date) and will be due by the first day of each month thereafter until paid in full.
Passage of Title and Possession. Upon payment in full, delivery to Buyers by Sellers of the ARI Registration Certificate, properly executed to effectuate a transfer of ownership to buyers in accordance with rules and regulations of the ARI.
Risk of Loss. Risk of loss shall pass to Buyer upon entering into this contract for purchase. It is the buyer’s responsibility to obtain insurance, if desired, to protect against possible loss.
Warranty of Title. Sellers warrant that their title to the animal is free and clear of any liens, encumbrances, security interests, or other impediments to clear title of any kind. Sellers transfer to Buyers free and clear title and agree to indemnify and hold Buyers harmless from any claim of third parties to right of possession, encumbrance, lien, security interest or title to the animal.
Waiver of Implied Warranties. The implied warranties of merchantability and suitability for a particular purpose are waived. There are no warranties which extend beyond the description on the face of this contract. The animal is sold “as is .” In lieu of any implied warranties, the animal sells with the written, express warranty, and specific rights and remedies in this contract, and no others.
Seller’s Express Warranties. Sellers warrant that the female shall be a breeder, capable of reproduction, with all reproductive organs in normal condition. Sellers warrant that the animal’s complete medical history is set forth in the attached copy of her medical records, as maintained by Sellers in the ordinary course of its business. Sellers are not aware of any current adverse medical condition in the animal. Sellers warrant that the female’s genealogy is as set forth on her ARI Registration Certificate, a copy of which is attached. The animal’s medical records and its ARI Registration Certificate are merged into, and made a part of this contract.
No Other Warranties. No other warranties are made. All descriptions and representations about the animal are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the animal except as set forth in this document.
Exclusive Remedies If The Buyers Claim The Alpaca Is Infertile. In the event that the Buyer is unable to obtain a confirmed pregnancy on the female by the time she is three years of age, and if they desire a refund or replacement as specified in this contract, Seller shall have a nine month trial period during which Sellers shall have the exclusive control, care and management of the animal and shall attempt to obtain a confirmed pregnancy.

Buyers shall pay all expenses of transportation to Seller’s ranch for the trial period and tender the animal at Seller’s ranch, along with veterinarian’s certificate that the animal is in sound condition of limb and body, and free of all infectious and contagious disease. If Buyers are unable to provide such certification, then the warranty and remedy provided by this contract shall be void.
Buyers shall maintain complete records of the veterinary care and breeding efforts with the animal and provide same to Seller at commencement of the trial period.
If during such trial period the Sellers obtain a confirmed pregnancy, then the Buyer shall pay to Sellers the costs of all veterinary care, and all other out-of-pocket expenses incurred in order to obtain a confirmed pregnancy, or for her care. If the trial is unsuccessful, the Seller shall be responsible for all boarding, veterinary care and expenses incurred during the trial.
The Sellers shall have a lien under state property law upon the animal to secure payment of these expenses and shall be entitled to retain possession of the animal until the lien is discharged by payment of all costs or charges due and owing.
Buyers’ Duty To Follow Proper And Accepted Practices of Care and Management. In order to obtain the benefit of the express warranties made part of this contract, the buyers agree to take measures to assure the proper and generally-accepted methods of care and management of the animal, failing which the warranty will be void and Buyers may not exercise the remedies offering by this contract.
Proper care means:
The Buyers will consult with the Seller concerning all aspects of the care and management of the animal;
The Buyers shall utilize, and follow the recommendations of, a competent veterinarian, experienced with alpacas (or the best alternative veterinary care available in their vicinity) for all care and management of the animal;
The Buyer shall follow sound nutritional practices in the care and management of the animal.
Buyer’s Exclusive Remedy At Conclusion of Sellers’ Trial Period. If the Sellers cannot obtain a confirmed pregnancy during the nine month trial, then the Buyers’ sole remedy shall be either:
A replacement of the animal with another female of like kind and quality from Sellers’ herd, subject to the Buyers’ approval of the replacement, such approval not to be unreasonably withheld. Buyers acknowledge and accept there may be a six- to twelve-month delay before Sellers may be able to offer a suitable replacement;
    Or at Sellers’ option:
A refund of the purchase price, providing further that Buyers must convey the animal back to Sellers, free and clear of any liens or encumbrances, and execute a release of all claims arising out of this contract.
Buyers’ Option For Independent Prepurchase Examination. Prior to purchase, the Buyers have been offered the option by Sellers to undertake a full veterinary examination of the animal, using a veterinarian of Buyers’ choosing, at Buyers expense. If this option is desired, it shall be undertaken before Buyers obtain possession and within seven days of the purchase date. If the examination detects any adverse medical condition, the Buyers shall so notify Sellers before delivery of possession and within three days of the examination. Within that time only, Buyers shall have the option to rescind this contract and obtain a full refund.
By virtue of the benefit of this provision for an independent medical    examination, Buyers forego any claim that the animal is defective, or fails to conform to the contractual terms, because of adverse health conditions of any kind.
Nonassignment. The warranties and remedies under this contract are   nonassignable and inure only for the personal benefit of the Buyers. The warranties and the remedies shall be void and lapse in the even of any sale or transfer of any interest (including transfer of part-ownership) in the animal.
Entire Agreement. This is the entire agreement between the parties. All previous discussions and negotiations have been merged into this written contract.
Jurisdiction and Venue. If any dispute arises between the parties, venue and jurisdiction shall lie with the state and judicial district where Sellers reside. In addition to legal relief, a court is hereby authorized to grant injunctive, declaratory or other appropriate equitable relief to enforce both the grant and the limitation of warranties and remedies as set forth by this contract.
Attorney’s Fees. In any legal proceeding arising out of this contact, the prevailing party shall be entitled to their reasonable attorney’s fees and costs of suit, in addition to any other relief granted by the Court.
Limitation of Damages. In no event shall damages be awarded for the buyers’ incidental or consequential damages for any kind, including, but not limited to, lost profits or lost production.
Requirement of Timely, Written Notice of Claim. No legal proceedings shall be instituted arising out of this contract unless written notice is delivered by buyers to sellers within 12 months of the date of this agreement or in the case of unfulfilled warranties, within 12 months of the effective date of described warranty in this agreement, which notice shall specify the grounds upon which buyers assert their claim, and give sellers reasonable opportunity to respond and offer to cure the alleged breach, if appropriate.
Breeding. (________) will be bred to (________) on (date) and then has the option of one breeding for (____) to (______) within (__) months. Transportation to the (______) breeding is buyer’s responsibility. The cost for the breeding is (_______).

Seller_______________________________________Date______________

Seller_______________________________________Date______________

Buyer_______________________________________Date______________

Buyer_______________________________________Date______________
   

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