Alpaca Sales Agreement
Contract for a Package Sale of Alpacas
Big Oak Farms, Inc.
Ready to Buy or Sell Alpacas'? Here is a sample sales agreement that either the Buyer or Seller could use to help the process along.
7530 West S Ave. Schoolcraft, MI 49087
USDA Premise Lic. ID 00S3FAA
Farm AOA# MU324
Contract for Alpaca Package
This agreement made this day: July 23, 2023 between Mr. and Mrs. Joe and Jane Doe (Purchaser) and Big Oak Farms (Seller).
SALE
Seller agrees to purchase three (3) alpaca, generally described as:
1. Commander’s Elsa
AOA# 35212232
Color: 100-White
Gender: Female
Breeding Status: Proven, Breeder
Bred on 07/22/2021 to Storm’s Mythical Legend AOA# 32744668
2. Summer Rain
AOA# 35491675
Color: Light Fawn
Gender: Female
Breeding Status: Unproven, Breeder
Bred on 7/22/2021 to Bravo’s Gray Jeweler AOA# 35194545
3. Nighthawk’s Miss Ebony
AOA# 35109006
Color: Bay Black
Gender: Female
Breeding Status: Unproven, Breeder
Bred on 07/22/2021 to Bravo’s Gray Jeweler AOA# 35194545
PAYMENT
Price: $26,200.00 (total) Twenty Six Thousand Two Hundred US Dollars.
Purchaser agrees to pay Seller the full amount upon signing this contract
OWNERSHIP
Purchaser agrees and understands that until funds have effectively transferred, all alpaca listed above will remain the property of Big Oak Farms, Inc.
PROPERTY
Purchaser agrees to purchase the alpaca identified in this contract. The purchase price shall be paid in full in US currency before title shall pass to Purchaser. Passage of Title and Possession Upon payment in full, delivery to Purchaser by seller of the ARI Registration Certificate, properly executed to effectuate a transfer of ownership to Purchaser in accordance with rules and regulations of the Alpaca Registry, then title shall pass to Purchaser. It is the responsibility of the Purchaser to register the alpaca.
RISK OF LOSS
Risk of loss for these alpaca becomes the Purchaser’s responsibility 3 business days after the date of this contract.
WARRANTY OF TITLE
Seller warrants the titles to the animals free and clear of any liens, encumbrances, security interests, or other impediments to clear title of any kind. Seller transfer to Purchaser a free and clear title and agrees to indemnify and hold Purchaser harmless from any claim of third parties to right of possession, encumbrance, lien, security interest, or title to the animals. Waiver of Implied Warranties The implied warranties of merchantability and suitability for a purpose are waived There are no warranties which extend beyond the description on the face of the contract. The animals are sold “as is”. In lieu of any implied warranties, these animals sell with the written, express warranty, and specific rights and remedies in this contract and no others. Sellers Express Warranties Seller is not aware of any current adverse medical conditions in the animals. Seller warrants the animals’ genealogy are set forth on the ARI Registration Certificates.
PURCHASER'S DUTY TO FOLLOW PROPER AND ACCEPTED PRACTICE OF CARE AND MANAGEMENT
In order to obtain the benefit of the expressed warranties made part of this contract, the Purchaser agrees to take measures to assure proper and generally accepted methods of care and management of the animals, failing which the warranty bill will be void. Proper care means: The Purchaser will make every reasonable effort to consult with the Seller concerning all aspects of the care and management of the animals. The Purchaser shall utilize and follow the recommendations of a competent veterinarian experienced with alpaca (or the best alternative care available in their vicinity) for all care and management of the animals. The Purchaser shall follow sound nutritional practices in the care and management of the animals.
NONASSIGNMENT
The warranties and remedies under this contract are nonassignable and inure only for the personal benefit of the Purchaser. The warranties and remedies shall be void and lapse in the event of any sale or transfer of any interest in the animals.
ENTIRE AGREEMENT
This is the entire agreement between the parties.
ATTORNEY FEES
In the event of suit or action arising directly or indirectly out of this agreement, the Purchaser shall pay the Seller’s attorney fees and costs of suit, in addition to any other relief granted by the Court.
VENUE
If any dispute arises between the parties, the venue and jurisdiction shall lie with the sate and judicial district where Seller resides. In addition to legal relief, a court is hereby authorized to grant injunctive, declaratory or other appropriate equitable relief to enforce both the grant and limitation of warranties and remedies as set forth by this contract.
REMEDIES
The sole remedy for breach of warranty shall be replacement of the alpaca(s) of equal value or refund of Purchaser’s money in full at the sole discretion of Seller. In no event shall damages be awarded for the Purchaser’s incidental or consequential damages of any kind, including, but not limited to, lost profits or lost production.
REQUIREMENT OF TIMELY WRITTEN NOTICE OF CLAIM
No legal proceedings shall be instituted out of this contract unless written note is delivered by Purchaser to Seller within 3 months of the date of this agreement, which notice shall specify the grounds upon which the Purchaser assert their claim, and give Seller reasonable opportunity to respond and offer to cure the alleged breach, if possible.
SELLER: Big Oak Farms, Inc.
7530 W S Ave
Schoolcraft, MI 49087
PURCHASER: Mr. and Mrs. Joe Doe
123 Main Street
Anywhere, MI 49001
SIGNATURES:
SELLER: ___________________________________________________ DATE: _____________________
PURCHASER: _______________________________________________ DATE: _____________________
7530 West S Ave. Schoolcraft, MI 49087
USDA Premise Lic. ID 00S3FAA
Farm AOA# MU324
Contract for Alpaca Package
This agreement made this day: July 23, 2023 between Mr. and Mrs. Joe and Jane Doe (Purchaser) and Big Oak Farms (Seller).
SALE
Seller agrees to purchase three (3) alpaca, generally described as:
1. Commander’s Elsa
AOA# 35212232
Color: 100-White
Gender: Female
Breeding Status: Proven, Breeder
Bred on 07/22/2021 to Storm’s Mythical Legend AOA# 32744668
2. Summer Rain
AOA# 35491675
Color: Light Fawn
Gender: Female
Breeding Status: Unproven, Breeder
Bred on 7/22/2021 to Bravo’s Gray Jeweler AOA# 35194545
3. Nighthawk’s Miss Ebony
AOA# 35109006
Color: Bay Black
Gender: Female
Breeding Status: Unproven, Breeder
Bred on 07/22/2021 to Bravo’s Gray Jeweler AOA# 35194545
PAYMENT
Price: $26,200.00 (total) Twenty Six Thousand Two Hundred US Dollars.
Purchaser agrees to pay Seller the full amount upon signing this contract
OWNERSHIP
Purchaser agrees and understands that until funds have effectively transferred, all alpaca listed above will remain the property of Big Oak Farms, Inc.
PROPERTY
Purchaser agrees to purchase the alpaca identified in this contract. The purchase price shall be paid in full in US currency before title shall pass to Purchaser. Passage of Title and Possession Upon payment in full, delivery to Purchaser by seller of the ARI Registration Certificate, properly executed to effectuate a transfer of ownership to Purchaser in accordance with rules and regulations of the Alpaca Registry, then title shall pass to Purchaser. It is the responsibility of the Purchaser to register the alpaca.
RISK OF LOSS
Risk of loss for these alpaca becomes the Purchaser’s responsibility 3 business days after the date of this contract.
WARRANTY OF TITLE
Seller warrants the titles to the animals free and clear of any liens, encumbrances, security interests, or other impediments to clear title of any kind. Seller transfer to Purchaser a free and clear title and agrees to indemnify and hold Purchaser harmless from any claim of third parties to right of possession, encumbrance, lien, security interest, or title to the animals. Waiver of Implied Warranties The implied warranties of merchantability and suitability for a purpose are waived There are no warranties which extend beyond the description on the face of the contract. The animals are sold “as is”. In lieu of any implied warranties, these animals sell with the written, express warranty, and specific rights and remedies in this contract and no others. Sellers Express Warranties Seller is not aware of any current adverse medical conditions in the animals. Seller warrants the animals’ genealogy are set forth on the ARI Registration Certificates.
PURCHASER'S DUTY TO FOLLOW PROPER AND ACCEPTED PRACTICE OF CARE AND MANAGEMENT
In order to obtain the benefit of the expressed warranties made part of this contract, the Purchaser agrees to take measures to assure proper and generally accepted methods of care and management of the animals, failing which the warranty bill will be void. Proper care means: The Purchaser will make every reasonable effort to consult with the Seller concerning all aspects of the care and management of the animals. The Purchaser shall utilize and follow the recommendations of a competent veterinarian experienced with alpaca (or the best alternative care available in their vicinity) for all care and management of the animals. The Purchaser shall follow sound nutritional practices in the care and management of the animals.
NONASSIGNMENT
The warranties and remedies under this contract are nonassignable and inure only for the personal benefit of the Purchaser. The warranties and remedies shall be void and lapse in the event of any sale or transfer of any interest in the animals.
ENTIRE AGREEMENT
This is the entire agreement between the parties.
ATTORNEY FEES
In the event of suit or action arising directly or indirectly out of this agreement, the Purchaser shall pay the Seller’s attorney fees and costs of suit, in addition to any other relief granted by the Court.
VENUE
If any dispute arises between the parties, the venue and jurisdiction shall lie with the sate and judicial district where Seller resides. In addition to legal relief, a court is hereby authorized to grant injunctive, declaratory or other appropriate equitable relief to enforce both the grant and limitation of warranties and remedies as set forth by this contract.
REMEDIES
The sole remedy for breach of warranty shall be replacement of the alpaca(s) of equal value or refund of Purchaser’s money in full at the sole discretion of Seller. In no event shall damages be awarded for the Purchaser’s incidental or consequential damages of any kind, including, but not limited to, lost profits or lost production.
REQUIREMENT OF TIMELY WRITTEN NOTICE OF CLAIM
No legal proceedings shall be instituted out of this contract unless written note is delivered by Purchaser to Seller within 3 months of the date of this agreement, which notice shall specify the grounds upon which the Purchaser assert their claim, and give Seller reasonable opportunity to respond and offer to cure the alleged breach, if possible.
SELLER: Big Oak Farms, Inc.
7530 W S Ave
Schoolcraft, MI 49087
PURCHASER: Mr. and Mrs. Joe Doe
123 Main Street
Anywhere, MI 49001
SIGNATURES:
SELLER: ___________________________________________________ DATE: _____________________
PURCHASER: _______________________________________________ DATE: _____________________
June 16, 2023
