CNYRHA Northeast Breeders Trust Terms of Sale
You are bidding for one 2019 stallion breeding contract donated to CNYRHA by the owner/agent for the 2019 Northeast Breeders Trust Stallion Auction.
*This contract entitles you to only one embryo if an embryo transfer is being done. If multiple embryos are flushed and used, then the purchaser must contact the Stallion Owner/Agent immediately to arrange payment for the additional embryos.*
All proceeds from the sale of this auction will go to CNYRHA to further develop the Northeast Breeders Trust Stallion Auction and Futurity.
This 2019 Stallion Breeding contract is transferable to the mare owner/bidder who bids the highest amount for the 2019 breeding auctioned online with www.PerfectHorseAuctions.com beginning February 1, 2019 and ending February 09, 2019.
The mare owner/bidder will be purchasing in full the 2019 breeding services of the stallion specified. The mare owner will be responsible to pay any and all charges/fees related to the execution of this contract including, but not limited to, veterinarian fees, chute fees, mare care and other expenses. CNYRHA is not responsible for any costs, expenses and/or charges related to execution of breeding contract by the breeding facility not contained or recorded in this contract. CNYRHA’s involvement in and responsibility for the 2019 Northeast Breeders Trust Stallion Auction terminates upon transfer of this contract to the mare owner/bidder. If the stallion dies before the said donated breeding occurs and no other comparable stallions are available to the purchaser, CNYRHA will reimburse the purchaser the full amount of the winning bid.
This breeding is NON TRANSFERABLE and CANNOT be sold by the winning bidder to a third party.
Payments are due 2 weeks after the close of the auction.
Payments made by credit card will be charged an additional 3% processing fee.
GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.
SUBMISSION TO JURISDICTION IN NEW YORK. Each of the parties hereto, to the extent it may do so under applicable law, hereby (a) irrevocably submits itself to the jurisdiction of the courts of the State of New York, inclusive of any small claims court, for the purposes of any suit, action or other proceeding arising out of this Agreement, the subject matter hereof or any of the transactions contemplated hereby brought by any party or parties hereto, or their successors or permitted assigns and (b) waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof or any of the transactions contemplated hereby may not be enforced in or by such courts.
NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.
SERVICE OF PROCESS. In addition to the methods of service allowed by the New York State Civil Practice Law & Rules ("CPLR"), each of the parties here to hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon actual receipt of process or upon the receipt of the return thereof by the United States Postal Service as refused or undeliverable. Buyer must promptly notify the Seller, in writing, of each and every change of address to which service of process can be made. Service to the last known address shall be sufficient. Served party will have thirty (30) calendar days after service hereunder is complete in which to respond.