Frozen Canine Release Form is not a Transfer of Ownership.
5. Smith Vet will arrange for the shipping of your dog's frozen semen.
6. Shipping charges, tank rental, and return are ultimately the responsibility of the semen owner. It is often very expensive to ship frozen canine semen; if cost is a concern, please call for a shipping estimate. We are happy to provide an approximate quote for shipping. At this time, we ship the frozen semen via FedEx. For domestic shipping, there is a tank rental charge of $75. On the 8th day, a daily tank rental fee of $20 is charged until the tank is returned or until the replacement cost of the tank is reached.
We recommend for the semen owner to emphasize the rental fee to the recipient, and that it is necessary for the bitch owner or veterinarian at the bitch's location to return the shipping container as quickly as possible to avoid additional rental charges.
7. In the event of loss or damage of frozen semen due to weather, fire, storage/shipping tank failure, or shipping accident/damage, Smith Vet will not be held liable for the loss or the replacement value of the frozen semen. Prices subject to change without notice.
8. Sperm cells will eventually cease living, but no one knows or can predict when this will occur, and it can vary from dog to dog. Smith Vet shall not be held liable for, and cannot guarantee conception from, frozen canine semen. Nor can Smith Vet guarantee that the frozen sperm cells will be viable at the time of thawing for insemination. Smith Vet is not responsible for differences in thaw rate and quality of sample as determined by inseminator.
9. Smith Vet cannot be held liable for any damages to semen once the semen is released from Smith Vet.
In any event, Smith Vet's liability, as well as that of any of its principals, employees or agents, if determined, shall not exceed the total compensation received by Smith Vet under this agreement. This limitation of liability applies for any and all claims, losses, expenses, injuries or damages, arising out of or in any way related to the performance of this agreement by reason of any act or omission, including breach of contract, negligence, errors, omissions, strict liability, breach of warranty or any reason whatsoever, not amounting to a willful, wanton or intentional wrong. This limitation of liability includes, but is not limited to claims for lost profits, loss of use, costs of replacement special damages and/or indirect or consequential damages whatsoever, caused by Smith Vet, its principals, employees or agents. In the event that any dispute arises between the parties to this agreement, you agree that the dispute shall be governed by laws of the State of Indiana, USA, without regard to any conflict of law provisions and you agree to the exclusive personal jurisdiction and venue in the state and federal courts located in City of Berne, In, USA. In the event of any lawsuit or claim being made to enforce the terms of this agreement, the prevailing party in such lawsuit or claim shall be entitled to an award of their reasonable attorney fees and costs.
By my signature below, I authorize Smith Veterinary Hospital to perform services for me. I agree to all statements made in this document preceding my signature below. I understand Smith Vet does not guarantee fertility or successful fertilization. I also understand Smith Vet is not responsible for services rendered by non-Smith Vet individuals or entities. My payment for services is due at the time of the service. Other charges may be applied to my provided payment information at a later date, if additional services are necessary. SMITH VET may or may not notify me of these additional charges prior to charging my provided payment information. I agree to any fees Smith Vet charges to my provided payment information to be made without informing me. I further state that Smith Vet has offered to provide an
estimate of these charges to me. In the event that I initiate a chargeback, or a check bounced, I understand I willbe
charged additional fees. If Smith Vet has to prove in any way that I authorized the use of my provided payment