FROZEN SEMEN SALES AGREEMENT
This Frozen Semen Sales Agreement (“Agreement”) is entered into by and between {stallionOwner} (“Seller”) and the undersigned Buyer/Mare Owner {name} (“Buyer”).
Advanced Breeding Concepts Inc. d/b/a WellGrove Breeders (“Agent”) is acting solely as agent and distributor for Seller. Agent does not assume ownership of the semen and shall not be liable for Seller’s obligations except as expressly set forth herein.
1. Ownership and Restrictions
All frozen semen sold under this Agreement shall remain the sole and exclusive property of Seller at all times. Buyer shall have no ownership interest in the semen beyond the limited right to use it as expressly provided herein.
The semen may not be sold, assigned, transferred, or otherwise conveyed to any third party and shall not be used for ICSI under any circumstances.
Stallion Semen and Doses: Buyer is purchasing frozen semen from {stallionName}, consisting of {howMany} doses at the price of {stallion} per breeding dose.
2. Payment and Release
Buyer shall pay all invoiced amounts in full prior to the release or shipment of any semen. No semen shall be shipped until full payment has been received and this Agreement has been fully executed.
All payments are final and non-refundable.
3. Permitted Use
Buyer agrees:
- To use the semen on a mare of Buyer’s choosing during the year of purchase or the immediately following breeding season, unless otherwise agreed in writing by Seller.
- That each dose shall be used for a single insemination only and shall not be divided, split, or otherwise altered.
4. Additional Breeding Dose (Non-Gestation)
In the event of failure to achieve pregnancy, Buyer shall be entitled to purchase one (1) additional breeding dose for each breeding dose originally purchased at the full stud fee, at a rate equal to fifty percent (50%) of the applicable stud fee per additional dose, provided that Buyer submits a written non-gestation certificate from the attending veterinarian.
The (Non) Gestation Declaration shall be completed electronically at https://wellgrovebreeders.com/gestation-declaration
5. Reporting, Compliance, and Embryo Transfer Restrictions
Buyer shall:
- Provide Seller with complete breeding records following each insemination, including mare name, UELN, insemination date, and results.
- Return all used and unused empty semen straws promptly upon use.
- Notify Seller immediately of any pregnancy, including multiple pregnancies resulting from a single dose (including embryo transfer scenarios).
For each additional pregnancy resulting from a single dose and confirmed at ninety (90) days gestation, Buyer shall pay an additional stud fee equal to the original fee.
Failure to comply with any of the obligations set forth in this Section 5 shall render Section 4 null and void, and Buyer shall forfeit any right to a discounted additional breeding dose.
The (Non) Gestation Declaration shall be completed electronically at https://wellgrovebreeders.com/gestation-declaration
6. Authorization for Veterinary Disclosure
Buyer authorizes Seller and Agent to obtain breeding and pregnancy information from any veterinarian or reproductive facility involved. Buyer further authorizes such parties to release this information upon request.
7. No Warranties
Seller makes no representations or warranties, express or implied, including but not limited to warranties of:
- Merchantability
- Fitness for a particular purpose
- Fertility, conception, pregnancy, or live foal
8. Assumption of Risk and Indemnification
Buyer assumes all risks associated with the handling, storage, and use of the semen, as well as the care and management of any mare or resulting foal.
Buyer agrees to indemnify, defend, and hold harmless Seller, Agent, and their respective owners, officers, employees, and affiliates from any and all claims, damages, losses, liabilities, or expenses arising out of or related to this Agreement or the use of the semen.
9. Shipping and Claims
Seller and Agent shall not be liable for delays, losses, or damages occurring during shipment beyond their control.
Buyer must inspect all shipments immediately upon receipt. Any claims regarding damage or irregularity must be made in writing within twenty-four (24) hours of delivery. Replacement of semen shall be at Seller’s sole discretion.
10. Instructions and Information
Seller or Agent may provide handling or thawing instructions upon request. Buyer acknowledges responsibility for confirming all procedures with a licensed veterinarian and assumes all risk associated with use.
11. Pricing and Policy
Prices are subject to change without notice. Once payment has been received and semen allocated, no refunds, exchanges, or credits shall be issued except as expressly provided herein.
12. Breach and Liquidated Damages
In the event of fraud, misrepresentation, or material breach of this Agreement by Buyer, Seller shall be entitled to liquidated damages in the amount of $5,000 per occurrence, in addition to any unpaid stud fees or other remedies available at law.
13. Legal Fees and Governing Law
Buyer agrees to pay all reasonable attorney’s fees and costs incurred by Seller in enforcing this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, and any legal action shall be brought exclusively therein.
14. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations or agreements. No modification shall be valid unless in writing and signed by both parties.