Frozen Semen Shipment Order

By signing this document, you are forming a legal and enforceable contract with South Florida Equine Solutions, Inc. d/b/a WellGrove Equine (“WellGrove Equine”). This contract creates certain legal rights and obligations. Any additional documents you execute with WellGrove Equine also incorporate this Agreement. By providing information to WellGrove Equine and/or by signing this Agreement, you make representations and promises upon which WellGrove relies in providing services, and you also represent that you are the Owner of the Frozen Semen listed below or presented to WellGrove Equine, or are an actual or apparent agent of such an Owner. This Agreement shall apply to all shipments for which you request of WellGrove Equine, regardless of whether such shipments are listed herein. This Agreement also applies to all medications and materials furnished by WellGrove Equine toan Owner, agent, or directly to a horse or horses of an Owner.

Client Terms and Conditions

1. Only an authorized agent or Owner of the Frozen Semen may request this shipment.The requesting party is responsible to provide, WellGrove Equine with writtenauthorization satisfactory to WellGrove from the Owner before a shipping request isfulfilled. WellGrove Equine has the right to refuse or delay shipment of requested FrozenSemen until proper authorization is completed by Owner.
2. Frozen Semen can only be shipped when a vapor shipper is available. The Owneror authorized agent may use their own vapor shipper and/or shipping account.
   
   
3. Owner or authorized agent agrees to pay for all related costs of WellGrove Equineto prepare, ship, insure, and the use of any WellGrove Equine container for this request.All fees must be paid prior to preparation and shipment of Frozen Semen. A separate creditcard authorization form must be submitted for payment authorization.
   
   
4. WellGrove Equine is not responsible for the Frozen Semen once placed in possession of the carrier at the WellGrove facility, at which time risk of loss passes, and WellGrove Equine is not responsible for damage or condition of Frozen Semen once en route. Owner/Agent assumes all risks associated with the shipping of the Frozen Semen after it has left WellGrove Equine’s possession.
   
   
5. WellGrove does not insure the contents, nor delivery, of such shipments. Owner or authorized agent agrees that the damages for lost, damaged, or destroyed shipment contents shall be liquidated at one hundred dollars ($ 100), which shall be the sole amount of recovery for damages arising from same. The only insurance included on each shipment is for the value of the container itself, and the cost of such insurance is included in the shipping cost.
   
   
6. Once the shipment arrives, it must inspected immediately. Any claims regarding the integrity of the shipment must be filed on the day the shipment arrives.
   
   
7. If a vapor shipper is used, the tank’s latch should be closed with a plastic tie wrap and the tank’s interior should be frosty when the lid is opened. A report of damaged tank must be filed by the Owner or authorized agent within 24 hours of delivery or Owner or authorized agent shall be responsible for damages.
   
   
8. If Owner or authorized agent requests use of a WellGrove vapor shipping container, Owner or authorized agent agrees to return the vapor shipping container within four days of delivery and will be subject to additional fees if he fails to do so. A penalty of $30 per day will be charged to the Owner or authorized agent for each day that the vapor shipping container is not returned starting the fifth day after delivery. If Owner or authorized agent fails to return vapor shipper within ten days of delivery, WellGrove may, at its option, purchase a replacement vapor shipping container and charge the Owner or authorized agent’s payment method on file with WellGrove Equine.
   
   
9. In the event the registered Owner is an entity, the undersigned individual, the individual signing below, personally and unconditionally guarantees the faithful, prompt and complete compliance by Owner with all terms and conditions of this Agreement and agrees to pay all costs, expenses, charges and other expenditures required to be made by Owner under the terms and provisions of this Agreement.
   
   
10. For all disputes arising out of the interpretation or enforcement of this Agreement, the parties hereto irrevocably agree to the choice of Florida state law, and to the exclusive personal and subject matter jurisdiction, and venue of, the state courts of Palm Beach County, Florida. The prevailing party in any such dispute shall be entitled to recover reasonable attorney fees and costs.
    
    
11. This Agreement may be executed electronically, and such execution shall be presumed to be valid and binding.

“I have read, understand and agree to the terms contained herein.”