LIVESTOCK PURCHASE CONTRACT

MidwestPlain Farms will provide livestock and services to Buyer, and Buyer agrees to pay, as specified in this Agreement. This Agreement begins on the date signed below and deposit is received by MidwestPlainFarms. This Agreement ends upon delivery of the livestock to the Buyer and completion of any agreed upon services, unless otherwise terminated pursuant to the terms set forth below. 

Livestock Identification and Pricing

           LIVESTOCK PURCHASE CONTRACT

Payment Terms

Non-Refundable Deposit

In order to hold the livestock for purchase, the Buyer must pay a minimum deposit in the amount identified above (“Deposit”). 2 Men & A Hen shall have no obligation to reserve the livestock unless and until the Deposit has been paid in full and payment, if by check, has cleared. The Deposit is NONEFUNDABLE. No refunds of the Deposit will be given unless midwestplainfarms fail to timely deliver or make available for pickup the livestock on the agreed upon date, except in MidwestPlain Farms and absolute discretion. This means that the Deposit shall not be refunded if 

(i) Buyer cancels this Agreement; 

(ii) Buyer fails to make the final payment prior to the delivery date, as identified herein; or 

(iii) Buyer fails to accept transfer of the livestock by the agreed upon delivery date. The Buyer understands and agrees that the nonrefundable Deposit is necessary as MidwestPlain Farms prioritizes its breeding schedule and commitments based upon the deposits received and will incur additional costs to board and re-market livestock. 

Payment Method and Requirement Before Sale

All payment must be made in U.S. Dollars. Payment may be made via Cashapp, Venmo, Zelle, Chime, PayPal (Buyer pays additional 3% fee), cash, Bank wire, or other compensation methods agreed to by both parties. All forms of payment must clear midwestplainfarms's bank before livestock leave the farm. 

Livestock Pickup

Pickup Generally and Deadline 

Unless otherwise agreed upon in writing by the parties, the Buyer must pick up or arrange for third-party pickup and transport of the livestock within 14 days of the animals ready to depart date. If the Buyer fails to pick up and/or transfer of the livestock within that period of time, then MidwestPlain Farms may terminate this Agreement and retain the Deposit. 

Midwestplain Farms provide livestock delivery services as an alternative method. Talk to us.

Title and Risk of Lost

Title to the livestock shall transfer immediately upon pickup of the livestock by the Buyer or its third-party representative or shipper. The Buyer assumes all risk of loss to the livestock upon

            LIVESTOCK PURCHASE CONTRACT

pickup of the livestock by the Buyer or its third-party shipper including, without limitation, accidental injury or death or illness during transport. 

Additional Services and Fees 

Veterinarian Health Certificate: If requested by Buyer, MidwestPlain Farms will obtain an appropriate certificate from its veterinarian. Cost will be according to the quote from the veterinarian. Veterinarian fees are due at time of final payment to allow for adequate time to schedule vet appointment and have necessary tests completed. Buyer understands that it may be one to six weeks based on testing. If a veterinarian health certificate is denied due to the health or condition of the livestock, MidwestPlain Farms shall notify Buyer and the Buyer shall have seven (7) days from the receipt of such notice to terminate this Agreement. If the Buyer elects to terminate this Agreement, MidwestPlain Farms shall refund the Deposit subtracting from the Deposit the amount of the veterinarian fees, which shall be the responsibility of the Buyer. 

Import Certificates: Buyer shall, at its sole cost and expense, obtain any required import certificates. MidwestPlain Farms will make all reasonable attempts to assist and ensure certificates are acquired in a timely manner. 

Registration: MidwestPlain Farms will pay for animal registration or transfer. Note an additional fee of $100 is added for ADCA registration of Dexter cattle. Individual registration fee is Buyer’sresponsibility. Buyer understands that registration may take an additional six months from date of final purchase. MidwestPlain Farms agrees that livestock provided will be of sound health at transfer. All liability for livestock health and wellbeing is placed upon the Buyer once the animal leaves MidwestPlainFarms. 

Limited Warranty and Remedies 

Sound health 

MidwestPlain Farms represent and warrant that the livestock will be of sound health at the time of pickup of the livestock only. For purposes of this paragraph, “sound health” shall mean that the livestock has no known, undisclosed life-threatening medical conditions. This warranty does not include any representations regarding the condition of the livestock after pickup, nor does it include representations regarding breeding capabilities or use. 

Limited Remedy

In the event that the Buyer, through written confirmation of a licensed veterinarian, determines within fourteen (14) days of the Buyer’s pickup of the livestock that the livestock was not in sound health at the time of purchase and pickup, the Buyer shall notify MidwestPlain Farms in writing of the determination. Upon receipt of such notice, MidwestPlain Farms offer to the Buyer livestock of the same quality as a replacement or elect to provide a refund of the purchase price, with such election to be made in writing delivered to the Buyer within ten (10) days. In the event that a replacement or refund is offered, MidwestPlain Farms shall, at their sole cost and expense, deliver the replacement livestock and may require the return of the livestock. If a refun is to be issued, midwestplain farms will refund the purchase price within ten (10) days of the election. 

MidwestPlain Farms shall not have any liability whatsoever to any injuries, illness, failures or lameness, including death, associated with or arising out of the Buyer’s care, diet, maintenance  or housing of the livestock. 

DISCLAIMER OF WARRANTIES

WITHOUT LIMITING THE FOREGOING, MIDWESTPLAIN FARMS HEREBY DISCLAIM ANY 

FURTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, 

TO THE EXTENT NOT CONTAINED ABOVE INCLUDING, BUT NOT LIMITED TO, THE 

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

THE BUYER FURTHER UNDERSTANDS AND AGREES THAT EXCEPT FOR THE 

LIMITED WARRANTY ABOVE, THE LIVESTOCK IS BEING SOLD AS-IS, WITH ANY 

LATENT (HIDDEN) PHYSICAL DEFECTS, ILLNESS, AND INABILITIES TO BREED OR 

NURTURE OFFSPRING AS BREEDER LIVESTOCK. MIDWESTPLAIN FARMS DOES NOT 

PROVIDE ANY WARRANTIES REGARDING ADULT HEIGHT, WEIGHT, 

TEMPERMENT OR QUALITY. IT IS THE SOLE RESPONSIBILITY OF BUYER TO 

REVIEW AND INSPECT MIDWESTPLAIN FARM'SLIVESTOCK INVENTORY AND 

DETERMINE IF THE LIVESTOCK REPRESENTS THE BUYER’S IDEAL STOCK. 

DISCLAIMER OF CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MIDWESTPLAIN FARMS SHALL NOT BE 

LIABLE TO BUYER FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES 

OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, 

REPLACEMENT COSTS, BUSINESS INTERRUPTION OR OTHER DAMAGES 

REGARDLESS OF THE THEORY PLED OR WHETHER MIDWESTPLAIN FARMS WERE 

INFORMED OF THE POSSIBILITY OF SUCH LOSS. IN NO EVENT SHALL MIDWESTPLAINFARMS’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL PRICE OF 

THE LIVESTOCK REFLECTED WITHIN THIS AGREEMENT. 

Miscellaneous 

Governing Law and Venue: The interpretation and enforcement of this Agreement shall be 

governed by the laws of the State of Nebraska, without regard to conflicts of law principles. Any dispute arising out of this Agreement shall be venued in a court of having jurisdiction over the subject matter and Mecosta County, State of Nebraska he parties hereby stipulate that such venue is convenient. Savings: If any provision in this Agreement is held unenforceable all remaining provisions of this Contract shall remain in full force and effect. Modification: This Agreement may be modified only in writing and signed by both parties. Email messages confirming agreement by both parties will suffice and be considered as modifications to this contract.

         LIVESTOCK PURCHASE CONTRACT 

Feeder Stock (Feeders): Feeder stock animals (“Feeders”) are sold specifically for consumption and meant to be fed up and sent to the processor at the buyer’s desired size. Buyer agrees not to breed any animals purchased as feeder stock. If buyer accidently or intentionally breeds animals sold as feeders, they will notify MidwestPlain Farms and provide them with the animal(s)’ ID/tag number(s) and purchase date(s). The buyer is expected to pay the difference between Feeder and Breeder animals, based on current breeding animal prices. If MidwestPlain Farms discovers through any other means that animals sold as feeders are being, or have been bred, the Buyer will be responsible for damages of ten times the cost of current Breeder animals. If the Buyer sells Feeder stock to another party, the Original Buyer (i.e., the party entering into this agreement with MidwestPlainFarms) will be held to the requirement specified above.

Entire Agreement: This document represents the complete agreement and understanding of the parties. 

Waiver: Any failure or delay by either of the parties to exercise any right under this Agreement shall not be deemed to be a waiver of such right.

Force Majeure: With the exception of any payment obligation under this Agreement, any delay of either party to perform their obligations under this Agreement shall be excused to the extent that it is caused by an event or occurrence beyond its reasonable control such as acts of God, actions by governmental authority, pandemics, sickness, fire, flood, windstorms, explosions, riots, natural disasters, wars, or labor problems, provided that the party claiming the force majeure promptly notifies the other party of the event of force majeure, the anticipated duration of such events, and the steps taken to reasonably remedy the failure.