Purchase Agreement
Please print and fax to 979-478-6253

**ATTENTION:  PRICES LISTED ON WEBSITE DO NOT INCLUDE COST IF COW IS BRED.  PLEASE CALL 979-478-2855 IF YOU NEED PRICING.

THIS AGREEMENT is made and entered into effective _______________________ by and between Southern Rodeos, Inc, A Texas Corporation DBA Bucks By Design (herein called “Seller”) and ________________________ (herein called “Buyer”) as follows:

RECITALS

Whereas, Seller is the owner of cattle

Whereas, Buyer desires to purchase cattle listed above from Seller

TERMS AND CONDITIONS

1) The Buyer agrees to pay the full sales price on each head of cattle listed above no later than fourteen (14) days after the Buyer is notified the cattle are available for pick up.

2) The Seller agrees to hold the cattle for the buyer until the available date once the Seller has received a non-refundable deposit equal to not less than 30% of the sales price. The Seller will only place an immediate hold on the animal if funds are guaranteed funds (cash, money order, cashier’s check, bank wire, or Western Union). In the case of a check, the Seller will place a hold on the cattle once the funds have been verified as clearing the bank. The Buyer understands that the Seller considers cattle sold based on the order in which a deposit is received. If another deposit is received prior to receiving the Buyer’s deposit, or verifying Buyer’s check as cleared the bank, then Seller will refund deposit on any animal listed that another deposit is received. If a partial refund is required due to previous deposit on one or more head of cattle, it is agreed that any remaining cattle listed in this agreement that were available will still be considered as a valid purchase and sale.

3) The Buyer understands that the available date is an estimated date. The Seller only guarantees the animal to be available at some time during the month listed in this agreement as estimated date available or at no later than the last day of the following month.

4) The Seller agrees to pay all expenses related to caring for cattle listed until the Buyer picks up the cattle listed (during the hold time). The seller agrees to take reasonable care of all animals listed but in no way warrants the condition of any cattle at time of pick up.

5) The Buyer agrees that he has either inspected, had a veterinarian inspect the cattle, or has waived his right to inspect the health of the cattle prior to signing this agreement. The Buyer further agrees that the health of the cattle at available date will not be an issue and the ONLY reason the Buyer would have a right to a refund of his deposit would be if the cattle were deceased.

6) The seller in no way guarantees the status of any female cattle as far as being open, exposed, or pregnant. By signing this agreement, the Buyer acknowledges that they have been given the opportunity to check the validity of the above and further agrees to accept the cattle “as they are” on the day of signing this Agreement. It is further agreed, that Seller will attempt to maintain the status of cattle (either open, exposed, or pregnant) during the hold period, but there is no guarantee of that being made by Seller and even if the status changes at available date, the Buyer and Seller agree this purchase Agreement will still be valid.

7) The Seller agrees to provide a veterinarian certificate of palpation on any cattle that are being sold as pregnant, however the Seller does not offer any guarantees or warranties as to the future birth, health, or genetics of this unborn calf. Buyer has had his own veterinarian certify the pregnancy of any cattle or has waived his right to do so prior to signing this agreement.

8) The Seller agrees to notify Buyer by phone or in writing once cattle are available and ready to be picked up. All cattle will be picked up at Seller’s ranch and Buyer will be responsible for all expenses related to moving cattle to Buyer’s location. Once the Buyer is notified by phone and/or in writing, the Seller will have fourteen (14) days to pay balance in full on cattle. The above notice or communication shall be deemed as delivered and received upon the earlier of when actually received by the intended recipient or, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, return receipt requested, addressed to intended recipient at the address shown below:

9) The cattle can be picked up once the balance in full is received in guaranteed funds or once a check has been verified as cleared the bank. The Seller will attempt to contact the Buyer but it is agreed that it is the Buyer’s responsibility to stay in contact with the Seller and no cattle will be held past the last day of the following month of the estimated available date. If the balance in full has not been paid by the last day of the following month of the estimated available date, the non-refundable deposit will be considered forfeited and the cattle will be sold to the first qualified person, and the Buyer will be responsible for any loss of income due to sale of cattle at lower price.

10) The Seller will make cattle accessible to Buyer for artificial insemination (A-I) during hold time only if sales price on cattle has been paid in full. All cost related to A-I will be responsibility of Buyer and the Seller will not be responsible for any death losses on cattle that are A-I or attempted to be A-I.

11) The Buyer will be responsible for any cost related to transferring registration papers. Additionally, the Buyer will cover any cost to register any cattle, which are not currently registered. All registration papers shall be property of Seller until balance in full is paid on cattle.

12) The above terms and conditions of sale constitute a contract between Buyer and Seller of each animal and shall be equally binding on both. This is considered to be a legally binding contract and the Buyer should consult an attorney before signing.

13) If either party shall be required to employ an attorney to enforce this agreement or defend the rights of such party hereunder, the prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection herewith.

14) This agreement shall inure to the benefit of and shall be binding upon and enforceable by the parties hereto and their respective heirs, representatives, successors and assigns; provided, however, that neither party may assign this agreement, or any interest in this agreement, without the prior written consent of the other party.

15) This agreement shall be governed by and interpreted and construed under the laws of the State of Texas and is performable in Fort Bend County, Texas.

16) Nothing contained in this agreement is intended to create, nor shall it ever be construed to make Seller and Buyer partners or joint ventures.

Executed this _______ day of ____________________, 2001.

Bucks By Design
979-478-BULL(2855)

FAX 979-478-6256