Terms and Conditions | Semen Sales
By purchasing semen from shopenglandcattleco.com, you agree to the following terms. Buyers, please print this document for your records.
This PUREBRED BRAHMAN SEMEN SALES AGREEMENT (the “Agreement”) is made by and between England Cattle Co., LLC., a Texas limited liability corporation with offices located at 13228 Mile 2 E, Mercedes, TX 78570, and any affiliated co-owners of bulls listed above, and the buyer listed above (the “Buyer”) (Collectively referred as the “Parties” and individually referred as the “Party”).
SECTION 1. – SEMEN PURCHASE
1.1. Semen. The semen purchased under this Agreement shall be from purebred Brahman bulls registered by England Cattle Co. with the American Brahman Breeders Association (“ABBA”) (the “Semen”).
1.2. Semen Quality. England Cattle Co. represents that its semen is of marketable quality at the time of the purchase, and meets the standards for frozen semen collection from the semen centers (Brushy Creek Custom Sires). England Cattle Co. makes no guarantee of conception rates of AI, ET or IVF. It makes no guarantee of number of embryos produced, or number or pregnancies produced.
1.3. Buyer Storage and Maintenance Responsibility. Buyer is responsible for following proper storage, semen tank maintenance, liquid nitrogen filling, semen thawing, semen handling and any other responsibilities for maintaining the semen quality.
1.4. Term. This contract is valid only for the purchase of the above referenced semen.
1.5. Purchase Price. The purchase price for the Semen will vary among sires and is negotiable between England Cattle Co. and Buyer.
1.6. Payment Methods. England Cattle Co. accepts payment for the Semen via cash, check, or credit card. The Semen will not be released without full payment. Any unpaid invoices are voided after 30 days.
1.7. Shipment of Semen. Buyer is responsible for the shipment of Semen. The Semen will be released in the Buyer’s name at the respective storage facility where the Semen is housed (Brushy Creek Custom Sires) (the “Storage Facility”). Buyer may pick up the semen or is responsible for shipping costs from the Storage Facility. England Cattle Co. bears no responsibility for damages to semen while in transit. The Buyer should purchase insurance on the shipment to cover their risk.
1.8. No Resale. Under no circumstances may the Semen be resold, traded, transferred, donated, or exchanged to other cattle breeders by Buyer without written permission from England Cattle Co.
1.9. Use of Semen. The Semen is sold for the intent of Buyer’s in-herd use. It may only be used by the Buyer and his/her immediate family members. Semen may not be split or divided among different herds.
1.10. No Partnership Flushes. The Semen may not be utilized for partnership or co-owned flushes unless all partners or co-owners are signatories of this Agreement and Buyers of Semen.
1.11. Reverse Sorting Semen. England Cattle Co. makes no guarantee on the ability for conventional (non-sexed) semen to be reversed sorted. Any guarantee is voided if semen is attempted to be reverse sorted.
1.12. AI Certificates. England Cattle Co. will issue the Buyer one (1) artificial insemination (“AI”) certificate per unit of Semen purchased to the Buyer’s ABBA account at no additional cost to the Buyer. AI certificates will be released at the time that the application for registration is submitted to the ABBA. Buyer may request AI certificates by emailing brooke@englandcattleco.com. If additional AI certificates are requested by Buyer, then England Cattle Co. will issue Buyer extra certificates via ABBA at $100 per certificate. Said AI certificates are non-transferable and will only be issued to the Buyer or a family member. AI certificates will not be issued to partners as referenced in 1.10.
1.13. Holding Brand of Live Cattle. AI Certificates will only be issued for animals carrying the registered holding brand of the Buyer. AI certificates will not be issued for unbranded cattle.
1.14. Sales of Frozen Genetics. Buyer may not sell pregnant recipients or frozen embryos produced by this Semen in the United States.
1.15. Marketing Release. England Cattle Co. may use images of calves resulting from this semen for promotion, marketing and educational purposes.
1.16. Confidentiality. Buyer agrees to keep the terms of this Agreement or the sale price of the Semen confidential and not disclose the terms to third parties except as ordered by a court.
1.17. Injunctive Relief. Buyer recognizes that England Cattle Co. will suffer irreparable harm if Buyer breaches this Agreement and monetary damages may be inadequate to compensate England Cattle Co. from such breach; thus, England Cattle Co. may be entitled to seek injunctive relief in addition to any other remedy at law or equity to enforce such provisions.
1.18. Disclaimer. LICENSOR MAKES NO OTHER WARRANTY OF FITNESS OF THE SEMEN FOR A PARTICULAR PURPOSE, NOR OF MERCHANT ABILITY OF THE SEMEN, OR ANY OTHER EXPRESS OR IMPLIED WARRANT SHALL EXIST OTHER THAN WHAT IS PROVIDED IN THIS AGREEMENT.
SECTION 2. – MISCELLANEOUS PROVISIONS
2.1. Waiver. Any failure in the exercise by either Party of its right to terminate this Agreement or to enforce any provision of this Agreement for default or violation by the other Party shall not prejudice such Party’s rights of termination or enforcement for any further or other’s default or violation or be deemed a waiver of forfeiture of those rights.
2.2. Severability. If any provision of this Agreement is held invalid or unenforceable then the other provisions of this Agreement shall remain in full force and effect.
2.3. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding England Cattle Co.’s semen sales of this Agreement.
2.4. Amendments or Modifications. This Agreement and any exhibits or addendums attached hereto may only be amended by a written instrument executed by the Parties.
2.5. Choice of Law. This Agreement shall be interpreted in accordance with the law of Texas without giving effect to that state’s choice of law rules.
2.6. Choice of Forum. The forum for any dispute or litigation arising out of this Agreement shall be in Hidalgo County, Texas or in a Federal District Court in Texas.
2.7. Assignment. Neither Party may assign this Agreement without written permission from the other Party.
2.8. Binding Effect. This Agreement shall be binding on any successors and assigns.
2.9. Third Party Beneficiaries. No third party shall have any rights under the terms of this Agreement.
2.10. Headings. The headings and subheadings contained in this Agreement are for reference and readability purposes only and will not affect the meaning or interpretation of this Agreement.
2.11. Execution. A scanned, digitally-signed, or faxed copy of this Agreement shall be deemed to be an original. The Parties may execute this Agreement in counterparts.