THIS CONTRACT is made and entered into this________ day of___________________, 200____ by and between Robert Shelby operating as R&K LIVESTOCK, whose address is 111 N west brook LN, Elgin,TX 78621, hereinafter referred to as "Transporter" and
______________________________________________________, hereinafter referred to as "Shipper", whose address is
________________________________________________________________
________________________________________________________________
City__________________________________State________Zip Code_______
Phone Number (_____)______________________________
Cell Phone Number (_____)__________________________
E-Mail Address____________________________________
THIS CONTRACT covers the transport of:
(describe each animal including sex, age, color, breed, registration or tag number, markings)
(in the case of semen tanks and other objects include serial code and brand name)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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Pick-up Information:
Contact Name:_______________________________________________________________
Pick-up Address:_____________________________________________________________
Telephone Number:(_____)_____________________________________________________
Cell Phone Number:(_____)_____________________________________________________
E-Mail:_____________________________________________________________________
Deliver To Information:
Contact Name:________________________________________________________________
Deliver To Address:____________________________________________________________
City______________________________________________________________State_______
Delivery Telephone Number:(_____)______________________________________________
Delivery Cell Phone Number:(_____)______________________________________________
E-Mail:______________________________________________________________________
The Shipper agrees:
He/She will make all arrangements for the following and assume the cost thereof:
1. Health Certificate dated within 30 days of transport destination date.
2. Proof of Negative Blood Tests as required by destination State if any.
3. Pick-Up and Delivery Instructions (to be attached to this contract).
Shipper will maintain and provide proof of current mortality insurance on livestock or in the case of semen tanks insurance on tank and contents.
OR
Shipper elects not to carry mortality insurance and assumes ALL risks therein (to include but not limited to injury, death, illness, or disease, physical damage or harm).
Shipper's Initials __________
Shipper agrees to:
(1) pay the Transporter the sum of $__________U.S. Dollars for the transport of the aforementioned animal or animals or objects listed above.
(2) reimburse Transporter for all veterinary services or medical supplies in the event of an emergency or as the Transporter deems necessary for the well-being of the aforementioned animal or animals.
A deposit of at least 50 % of the shipping fee is due with this contract. The balance of the shipping fee will be paid PRIOR to the unloading of the animal or animals or objects. The shipping fee will be paid with cash or money order.
OTHER CHARGES
The fee you are quoted is for door to door delivery (when possible) and care of your animal or animals. However, surcharges may apply for any of the following:
1. Waiting time at a pick-up or delivery location for the contact person will be charged at the rate of $50.00 per hour after the first hour of waiting.
2. A change of pick-up or delivery location from that quoted may be subject to a surcharge after review by the driver.
3. Difficult access roads to locations will have a surcharge if not disclosed in the original quote. The surcharge will depend upon the difficulty of the road and the additional time required to reach the location.
3. A "Not Ready to Load Fee" of $50.00 per hour may be applied after the first 60 minutes of Transporter waiting time when the animal or animals or objects are not at the loading site.
4. In the event Transporter arrives at the pick-up location and is unable to tranport your animal or animals or objects because of the lack of required paperwork; misrepresentations; or we are unable to safely load your animal or animals after trying deligently to safely load your animal or animals 50% of the shipping fee will be retained.
Cancellations
Shipper agrees to tender to Transporter, for transportation hereunder, a $50.00 processing fee should Shipper cancel shipment more than one week prior to shipping, not less than 25% of the agreed upon shipping charges should Shipper cancel shipment less than one week prior to shipping but more the 24 hours of scheduled pickup; and not less than 50% of the agreed upon shipping charges should Shipper cancel shipment within 24 hours of scheduled pick-up.
Beyond Control
It is agreed that in the event of a riot, war, Act of God, Certified Terrorist Act, governmental regulations, or other causes beyond the reasonable control of the parties, which event makes performance under this Agreement impossible, the terms of this Agreement shall be suspended during the period of such events or acts and neither party shall be liable to perform.
The Transporter Agrees:
Transporter agrees to provide services to Shipper as described herein under contract, in equipment designed to meet Shipper's needs as provided herein, at the rates set forth herein. Delivery instructions shall be prepared by the Shipper, attached to this contract, and followed as closely as is reasonable under the circumstances by the Transporter. Delivery of the animal, animals, or objects tendered for transport to Transporter shall be evidenced by a pick-up and delivery receipt prepared by the Transporter and signed by the Transporter, Shipper and Consignee or its agents or employees at the loading and unloading points respectively.
Transporter will use due diligence to safely transport, feed, and care for the aforementioned animal or animals, but makes no guarantees as to the health or physical condition of the animal or animals upon departure or arrival.
Every effort will be make to pick-up and deliver Shipper's animal, animals, or objects on suggested dates and times. We cannot be held responsible for delays caused by traffic, detours, threat of poor weather, poor road conditions and any emergency animal needs that may arise along the trip route.
In the event the animal or animals require the services of a Veterinarian, the Transporter will immediately notify the Shipper by phone. In the event the Shipper cannot be reached, the Transporter is hereby authorized, as agent for the Shipper to call the first available licensed Veterinarian of his/her choice. All fees charged by said Veterinarian shall be the sole and exclusive responsibility of the Shipper with no liability whatsoever on the Transporter for such fees.
Modification of Agreement
No modification of this agreement and no waiver of its terms shall be valid or binding unless in writing and signed by all parties. Shipper understands that this is the entire agreement between the Shipper and the Transporter, its agents or employees, and it supersedes and cannot be modified or changed in any way by the repesentations or statement of any employee or agent of the Transporter or Shipper.
Applicable Law
The laws of the State of Texas shall apply, except as Federal law or regulations may conflict, in which case the latter shall take precedence with regard to the terms of this agreement.
_________________________________________________
Robert Shelby
_________________________________________________
Shipper's Signature
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