V8 Ranch values our customers and respects your privacy at all times. We collect information about you through our online shopping cart website in an effort to improve your shopping experience and to communicate with you about our products, services, and promotions. We do not share your personal or financial information with 3rd party companies.
TERMS OF SERVICE
This PUREBRED BRAHMAN SEMEN SALES AGREEMENT (the “Agreement”) is made by and between Sloan & Mollie Williams individually and d/b/a V8 Ranch, Jim & Luann Williams individually and d/b/a V8 Ranch, V8 Cattle Inc. d/b/a V8 Ranch, a Texas corporation; Brandon & Rachel Cutrer individually and d/b/a V8 Ranch, Brandon H. Cutrer, LLC d/b/a V8 Ranch a Texas limited liability company; Luke & Catherine Neumayr d/b/a V8 Ranch and Neumayr, LLC d/b/a V8 Ranch, a Texas limited liability company (collectively “V8 Ranch”); Mollie Jo Cutrer LRT d/b/a V8 Ranch, with offices located at 1730 North Richmond, Wharton, TX 77488, and (the “Buyer” making the online purchase) (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 V8 Ranch with the American Brahman Breeders Association (“ABBA”) (the “Semen”).
1.3. Semen Quality. V8 Ranch represents that its semen is of marketable quality at the time of the purchase. V8 Ranch also represents that it is Certified Semen Services (“CSS”) Certified. Buyer is responsible for following proper storage, semen tank maintenance, semen thawing and handling for maintaining the semen quality. V8 Ranch 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.
1.4. Term. For an initial term of two (2) years from the Effective Date (“Initial Term”), Buyer can purchase Semen directly from V8 Ranch under the terms of this Agreement. Unless either Party terminates this Agreement with sixty (60) days’ notice to the Party, then this Agreement shall automatically renew for one (1) year term (“Renewal Term”).
1.5. Purchase Price. The purchase price for the Semen will vary among sires and is negotiable between V8 Ranch and Buyer. The Semen shall not be released to Buyer until payment is received.
1.6. Payment Methods. V8 Ranch accepts payment for the Semen via cash, check, or credit card. No semen will be released without full payment.
1.7. Shipment of Semen. Buyer is responsible for the shipment of Semen. The Semen will be release in the Buyer’s name at the respective storage facility were the Semen is housed (e.g., Elgin Breeding Service, Brushy Creek Custom Sires) (the “Storage Facility”). V8 Ranch shall provide instructions to Buyer regarding said storage facility. Buyer may pick up the semen at no additional cost or is responsible for shipping costs directly to the Storage Facility.
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 by V8 Ranch.
1.9. Use of Semen. The Semen may only be used by the Buyer and his/her family members without written permission from V8 Ranch. The Semen may not be utilized for partnership or co-owned flushes unless all partners or co-owners are signatories of this Agreement. Semen may not be split or divided among different herds.
1.10. Reverse Sorting Semen. V8 Ranch 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.
1.11. AI Certificates. V8 Ranch will issue the Buyer one (1) artificial insemination (“AI”) certificate to the ABBA to the Buyer’s account at no additional cost to the Buyer. If additional AI certificates are requested by Buyer then V8 Ranch will issue Buyer extra copies via the ABBA at the list price for the current year for that particular sire (i.e., currently between $50 to $250 per certificate depending on the sire). Said AI certificates are non-transferable and will only be issues to the Buyer or a family member.
1.12. 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.
1.13. Injunctive Relief. Buyer recognizes that V8 Ranch will suffer irreparable harm if Buyer breaches this Agreement and monetary damages may be inadequate to compensate V8 Ranch from such breach; thus, V8 Ranch may be entitled to seek injunctive relief in addition to any other remedy at law or equity to enforce such provisions.
1.14. 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 V8 Ranch’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 Wharton 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 or faxed copy of this Agreement shall be deemed to be an original. The Parties may execute this Agreement in counterparts.
SECTION 3. – SIGNATURES
Electronic signatures received via form submission.--------------------------------------