Contract or Agreement to Sell Cattle
Agreement (or Contract) made on the (date), between (Name of Buyer), a
corporation organized and existing under the laws of the state of ______________, with
its principal office located at (street address, city, state, zip code), referred to herein as
Buyer, and (Name of Seller), a corporation organized and existing under the laws of the
state of ______________, with its principal office located at (street address, city, state,
zip code), referred to herein as Seller.
For and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the parties agree as follows:
I. Cattle to be Purchased
Seller hereby agrees to sell deliver to Buyer, and Buyer hereby agrees to
purchase and accept the following-described cattle:
A. Number of head purchased: (number).
B. Brand: (describe brand).
C. Breeding: (describe breeding).
D. Condition: (describe condition), subject to the provisions of Section V
E. Stock: (describe stock).
F. Shrinkage: (describe shrinkage).
G. Price: (dollar amount).
H. Per: (describe amount).
II. Purchase Price
The price and time of payment for the Cattle (the Contract Price) is as follows:
A. $_____________ shall be due on (date); and
B. The balance of the purchase price (after all deductions pursuant to this
Contract) shall be paid by Buyer to Seller when the cattle are loaded on
cattle cars for delivery.
III. Delivery of Cattle
A. Delivery of the cattle subject to this Agreement is to be F.O.B. cattle cars
or other carrier at the stockyards located at (street address, city, state, zip code),
subject to Buyer's ability to bill and ship through to Buyer's destination at (street
address, city, state, zip code), on or before (date), subject to the provisions of
Section IV of this Agreement.
B. All charges before loading the cattle on cattle cars or other carrier are to
be paid by Seller.
C. Title to the cattle shall be transferred pursuant to a bill of sale in the form
attached hereto as Exhibit A.
IV. Alternate Delivery
A. If shipment in the manner specified in Section III of this Agreement
becomes impossible or commercially impractical, Seller shall ship the cattle to
Buyer at the location specified in Section III above, by (specify manner of
B. Any and all additional expenses incurred by reason of such substituted
delivery shall be paid by Seller.
V. Cattle to Conform to those Exhibited
Seller covenants that the cattle when delivered shall conform to the cattle that
were exhibited to Buyer on (date), at (location), by (name of sales representative), the
sales representative of Seller.
VI. Disease Inspection
Seller shall cause the cattle to pass federal, state, and all other necessary
inspections for all diseases, brands, and marks at the expense of Seller before loading
at the above time and place. No sick, crippled, off colored cattle, or any other cattle
failing to pass the above inspections, are to be counted or loaded at such time and
VII. Inspection by Buyer
A. Buyer shall have the right to examine the cattle on their arrival as specified
above. Within (number) business days after such arrival, Buyer must give notice
to Seller confirmed by telefax within (number) business days after such arrival, of
any claim for damages on account of the condition, quality, or grade of the cattle,
and must specify the basis of its claim in detail.
B. Buyer's failure to comply with these provisions shall constitute irrevocable
acceptance of the cattle and bind it to pay the contract price for the cattle.
VIII. Bases for Rejection
For the purposes of determining whether Buyer has a reasonable basis for
rejecting any of the cattle shipped pursuant to this Agreement, there shall be sufficient
reason for rejection if the cattle have failed to pass any of the inspections specified in
Section VI of this Agreement.
IX. Inspection by Third Party in Event of Disputes
In the event of any claim or dispute arising under this Agreement, (name of third
party) shall make an inspection of the cattle and shall furnish each party to this
Agreement with a copy of his findings of fact. Such findings shall be binding on Seller
and Buyer in regard to any adjustment under this Agreement or in the event of any
litigation arising under and pursuant to this Agreement.
X. Seller’s Warranties
A. Seller warrants that the cattle shall be free from any and all liens and
encumbrances, and further warrants that it will defend title to the cattle and
indemnify Buyer from and against any and all loss or damage on account of such
liens, encumbrances, or other defects in title.
B. Seller further warrants that the cattle shall be in good merchantable