Agreement for Prepaid Purchase of Livestock Feed

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Agreement for Prepaid Purchase of Livestock Feed for use when purchasing feed from a seller on an ongoing basis. This agreement sets out the price for the feed and if any bulk discounts are given.

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This Agreement for Prepaid Purchase of Livestock Feed is used when purchasing livestock feed from a seller on an ongoing basis. This agreement specifies how and where the feed will be delivered, substitution of any feed item, the purchase price and refund and discount policies.

This Agreement for Prepaid Purchase of Livestock Feed contains:
  • Parties: Sets out the names and addresses of the feed seller and the buyer of the livestock feed;
  • Term: Specifies the term of the agreement;
  • Delivery: Seller will deliver the feed to the buyer at a location to be specified and the time in which the buyer should notify seller that a delivery should be made;
  • Purchase Price: Sets forth the per pound cost of the feed and how this amount will be paid to the seller;
  • No Refunds/Substitution: No refunds will be offered after execution of this agreement. Buyer may request and substitute any feed item which is on stock;
  • Signatures: Both parties should sign this agreement.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Agreement for Prepaid Purchase of Livestock Feed
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement for Prepaid Purchase
of Livestock Feed

 

1.  This Agreement is made on __________________[date], by and between __________________ [name(s)] (Seller”), ____________ [status, e.g., a ________________ [state] corporation or a partnership or a sole proprietor], of __________________[address or principal place of business], _______________ [state], and __________________[name(s)] (Buyer”), ____________ [status, e.g., a ___________ [state] corporation, or a partnership, or a sole proprietor], of __________________[address or principal place of business], _____________________ [state].
RECITALS
2.  Seller agrees to sell, and Buyer agrees to purchase, in accordance with the terms and conditions set forth in this Agreement, the feed and supplies specified in the attached schedule, entitled Schedule of Goods Purchased.
TERM OF AGREEMENT
3.  The term of this Agreement shall be for a period of ______ year(s) and shall commence on __________________[date]. Either party may terminate by giving ______ days notice, as provided in this Agreement, prior to the expiration of each one-year period this Agreement remains in existence.
DELIVERY OF FEED
4.  Seller shall, at its own cost and expense, during the existence of this Agreement deliver the feed and supplies specified in this Agreement to Buyer at the following location: __________________[address], ____________ [city], ____________ [state], in the amounts and at the times that Buyer may request. Buyer shall notify Seller of its request for delivery at least ____________ [hours or days] before the time of the requested delivery.
PURCHASE PRICE
5.  The purchase price of the feed shall be the current market price for the feed as quoted by the Federal-State Market News Report Service on the date of delivery to Buyer. However, at no time during the existence of this Agreement shall the total purchase price of the feed exceed $____________ per ____________ [pound or ton] (maximum purchase price).
 
PAYMENT OF PURCHASE PRICE
6.  Buyer shall pay Seller $____________ for the purchase of the feed under this Agreement upon execution of this Agreement.
NO REFUND
7.  No portion of the purchase price paid by Buyer to Seller upon execution of this Agreement shall be refunded to Buyer. Should the total purchase of feed as determined under Paragraph 4 of this Agreement be, after deduction of any discounts allowed Buyer pursuant to Paragraph 10, less than the purchase price paid by Buyer, the balance of the purchase price shall be credited toward further and future purchases of feed and other supplies by Buyer from Seller.
SUBSTITUTION
8.  Should the condition of Buyers livestock so require, Buyer may request and receive the substitution of any item specified on the attached schedule for other items of equivalent value and in stock on Sellers premises.
PREFERENTIAL TREATMENT
9.  In the event of a shortage in supply, Buyer shall, at all times during the existence of this Agreement, receive the highest priority over other customers of Seller for delivery of feed ordered pursuant to this Agreement except for those customers having priority by law or by similar agreements existing prior to the execution of this Agreement.
DISCOUNTS
10.  If Buyer, at any time during the existence of this Agreement, consents to take delivery of the feed or any portion of the feed purchased under this Agreement at Sellers premises located in ____________ [city], ____________ [state], Buyer shall be allowed a discount of $____________ per ____________ [ton or pound] as compensation for Buyers provision of transportation of the feed.
LIMITATION ON WARRANTIES
11.  The goods sold to Buyer under this Agreement are sold subject only to the implied warranty of title described in _____________________________________________ [statute] and the implied warranty of merchantability described in _______________________________ [statute]as existing on the date of execution of this Agreement. Seller makes no express warranties concerning the goods sold under this Agreement and any affirmations or representations made by Seller or Sellers agents concerning the goods were made for illustrative purposes only and do not constitute warranties of the goods.  
SELLER MAKES NO WARRANTY THAT THE GOODS SOLD UNDER THIS AGREEMENT ARE FIT FOR ANY PARTICULAR PURPOSE OR PURPOSES.
FORCE MAJEURE CLAUSE
12.  Should the performance of the obligations of either party under this Agreement be prevented or delayed by an act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, or by any law, regulation, or order of any federal, state, county, or municipal authority, or by any other cause beyond the control of the party to be excused, that partys performance under this contract, to the extent it is prevented or delayed, shall be excused.
EXPENSES OF ENFORCEMENT
13.  Should any litigation be commenced between the parties to this Agreement for the enforcement of any rights of either party against the other pursuant to the provisions of this Agreement, or by reason of any alleged breach of any of the provisions of this agreement, the party prevailing in the litigation shall be entitled to receive from the unsuccessful party all costs incurred in connection with the litigation, including a reasonable allowance for attorneys fees incurred by the prevailing party.
NOTICES
14.  Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party by the other party shall be in writing and shall be deemed duly served and given when personally delivered to ____________ [designate recipient, e.g., the party or the designated agent of the party] to whom they are directed, or instead of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to the Seller at __________________[address], or to the Buyer at __________________[address]. Either party may change its address for the purpose of this Paragraph by giving written notice of the change to the other party in the manner provided in this Paragraph.
TIME OF ESSENCE
15.  Time is of the essence of this Agreement and of each provision contained in it.
ASSIGNMENT AND TRANSFER
16.  Seller shall not assign or transfer this Agreement to any person without the express prior written consent of the Buyer.
AMENDMENTS TO AGREEMENT
17.  This Agreement may be amended only by a writing signed by the party against whom or against whose successors and assigns enforcement of the change is sought.
SAVING CLAUSE
18.  If any term or provision of this Agreement or any application hereof shall be held invalid or unenforceable, the remainder of this Agreement and any application of its terms and provisions shall not be affected thereby but shall be valid and enforceable.
GOVERNING LAW
19.  This Agreement shall be governed by and construed in accordance with the laws of __________________ [specify jurisdiction, e.g.,state].
WAIVER
20.  The waiver of any breach of any of the provisions of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach by either party of the same or any other provision of this Agreement.
ARBITRATION
21.  Any dispute that arises between Seller and Buyer relating to the provisions of this Agreement shall be submitted to arbitration upon application by either party. The arbitration panel shall consist of three persons, one each appointed by Seller and Buyer, and the third shall be jointly appointed by the appointees of Seller and Buyer. The arbitration shall be conducted in compliance with _____________________________________________ [statute] relating to arbitration. The cost of the arbitration shall be divided evenly between Seller and Buyer.
Executed on __________________[date] at ____________ [city], ___________ [state].
 
SELLER
 
__________________ [signature of seller]
 [typed name]
 
BUYER
 
__________________ [signature of buyer]
 [typed name]
 
SCHEDULE OF GOODS PURCHASED
 
The following specified feed and supplies have been sold by the undersigned Buyer pursuant to the Contract of Sale executed on __________________[date], by the undersigned Buyer and Seller:
 
[Insert, for each type of feed and supply, the quantity, description, price per unit, total dollar amount per type, and the maximum purchase price].
 
Dated: ____________
 
SELLER
__________________ [signature of seller]
 [typed name]
 
BUYER
 
__________________ [signature of buyer]
 [typed name]
 
 
 
 
 
 
 
 
 
 
 
Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43666
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement for Prepaid Purchase
of Livestock Feed

 

1.  This Agreement is made on __________________[date], by and between __________________ [name(s)] (Seller”), ____________ [status, e.g., a ________________ [state] corporation or a partnership or a sole proprietor], of __________________[address or principal place of business], _______________ [state], and __________________[name(s)] (Buyer”), ____________ [status, e.g., a ___________ [state] corporation, or a partnership, or a sole proprietor], of __________________[address or principal place of business], _____________________ [state].
RECITALS
2.  Seller agrees to sell, and Buyer agrees to purchase, in accordance with the terms and conditions set forth in this Agreement, the feed and supplies specified in the attached schedule, entitled Schedule of Goods Purchased.
TERM OF AGREEMENT
3.  The term of this Agreement shall be for a period of ______ year(s) and shall commence on __________________[date]. Either party may terminate by giving ______ days notice, as provided in this Agreement, prior to the expiration of each one-year period this Agreement remains in existence.
DELIVERY OF FEED
4.  Seller shall, at its own cost and expense, during the existence of this Agreement deliver the feed and supplies specified in this Agreement to Buyer at the following location: __________________[address], ____________ [city], ____________ [state], in the amounts and at the times that Buyer may request. Buyer shall notify Seller of its request for delivery at least ____________ [hours or days] before the time of the requested delivery.
PURCHASE PRICE
5.  The purchase price of the feed shall be the current market price for the feed as quoted by the Federal-State Market News Report Service on the date of delivery to Buyer. However, at no time during the existence of this Agreement shall the total purchase price of the feed exceed $____________ per ____________ [pound or ton] (maximum purchase price).
 
PAYMENT OF PURCHASE PRICE
6.  Buyer shall pay Seller $____________ for the purchase of the feed under this Agreement upon execution of this Agreement.
NO REFUND
7.  No portion of the purchase price paid by Buyer to Seller upon execution of this Agreement shall be refunded to Buyer. Should the total purchase of feed as determined under Paragraph 4 of this Agreement be, after deduction of any discounts allowed Buyer pursuant to Paragraph 10, less than the purchase price paid by Buyer, the balance of the purchase price shall be credited toward further and future purchases of feed and other supplies by Buyer from Seller.
SUBSTITUTION
8.  Should the condition of Buyers livestock so require, Buyer may request and receive the substitution of any item specified on the attached schedule for other items of equivalent value and in stock on Sellers premises.
PREFERENTIAL TREATMENT
9.  In the event of a shortage in supply, Buyer shall, at all times during the existence of this Agreement, receive the highest priority over other customers of Seller for delivery of feed ordered pursuant to this Agreement except for those customers having priority by law or by similar agreements existing prior to the execution of this Agreement.
DISCOUNTS
10.  If Buyer, at any time during the existence of this Agreement, consents to take delivery of the feed or any portion of the feed purchased under this Agreement at Sellers premises located in ____________ [city], ____________ [state], Buyer shall be allowed a discount of $____________ per ____________ [ton or pound] as compensation for Buyers provision of transportation of the feed.
LIMITATION ON WARRANTIES
11.  The goods sold to Buyer under this Agreement are sold subject only to the implied warranty of title described in _____________________________________________ [statute] and the implied warranty of merchantability described in _______________________________ [statute]as existing on the date of execution of this Agreement. Seller makes no express warranties concerning the goods sold under this Agreement and any affirmations or representations made by Seller or Sellers agents concerning the goods were made for illustrative purposes only and do not constitute warranties of the goods.  
SELLER MAKES NO WARRANTY THAT THE GOODS SOLD UNDER THIS AGREEMENT ARE FIT FOR ANY PARTICULAR PURPOSE OR PURPOSES.
FORCE MAJEURE CLAUSE
12.  Should the performance of the obligations of either party under this Agreement be prevented or delayed by an act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, or by any law, regulation, or order of any federal, state, county, or municipal authority, or by any other cause beyond the control of the party to be excused, that partys performance under this contract, to the extent it is prevented or delayed, shall be excused.
EXPENSES OF ENFORCEMENT
13.  Should any litigation be commenced between the parties to this Agreement for the enforcement of any rights of either party against the other pursuant to the provisions of this Agreement, or by reason of any alleged breach of any of the provisions of this agreement, the party prevailing in the litigation shall be entitled to receive from the unsuccessful party all costs incurred in connection with the litigation, including a reasonable allowance for attorneys fees incurred by the prevailing party.
NOTICES
14.  Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party by the other party shall be in writing and shall be deemed duly served and given when personally delivered to ____________ [designate recipient, e.g., the party or the designated agent of the party] to whom they are directed, or instead of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to the Seller at __________________[address], or to the Buyer at __________________[address]. Either party may change its address for the purpose of this Paragraph by giving written notice of the change to the other party in the manner provided in this Paragraph.
TIME OF ESSENCE
15.  Time is of the essence of this Agreement and of each provision contained in it.
ASSIGNMENT AND TRANSFER
16.  Seller shall not assign or transfer this Agreement to any person without the express prior written consent of the Buyer.
AMENDMENTS TO AGREEMENT
17.  This Agreement may be amended only by a writing signed by the party against whom or against whose successors and assigns enforcement of the change is sought.
SAVING CLAUSE
18.  If any term or provision of this Agreement or any application hereof shall be held invalid or unenforceable, the remainder of this Agreement and any application of its terms and provisions shall not be affected thereby but shall be valid and enforceable.
GOVERNING LAW
19.  This Agreement shall be governed by and construed in accordance with the laws of __________________ [specify jurisdiction, e.g.,state].
WAIVER
20.  The waiver of any breach of any of the provisions of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach by either party of the same or any other provision of this Agreement.
ARBITRATION
21.  Any dispute that arises between Seller and Buyer relating to the provisions of this Agreement shall be submitted to arbitration upon application by either party. The arbitration panel shall consist of three persons, one each appointed by Seller and Buyer, and the third shall be jointly appointed by the appointees of Seller and Buyer. The arbitration shall be conducted in compliance with _____________________________________________ [statute] relating to arbitration. The cost of the arbitration shall be divided evenly between Seller and Buyer.
Executed on __________________[date] at ____________ [city], ___________ [state].
 
SELLER
 
__________________ [signature of seller]
 [typed name]
 
BUYER
 
__________________ [signature of buyer]
 [typed name]
 
SCHEDULE OF GOODS PURCHASED
 
The following specified feed and supplies have been sold by the undersigned Buyer pursuant to the Contract of Sale executed on __________________[date], by the undersigned Buyer and Seller:
 
[Insert, for each type of feed and supply, the quantity, description, price per unit, total dollar amount per type, and the maximum purchase price].
 
Dated: ____________
 
SELLER
__________________ [signature of seller]
 [typed name]
 
BUYER
 
__________________ [signature of buyer]
 [typed name]
 
 
 
 
 
 
 
 
 
 
 

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