These terms are used when placing an order with Designer Beef.
This Agreement is made on initial purchase date, (the “Effective Date”) by and between _________________________ (the "Owner/Buyer")and Designer Beef, LLC (the "Seller/Raiser"), with offices and facilities located at 4542 CR 44800, Detroit, TX 75436.
WHEREAS the Owner/Buyer has this day purchased a cow (the “Cow”) from Seller/Raiser in accordance with Section 6.00, below, and has agreed to place it in the possession and care of the Seller/Raiser for the sole purpose of rendering the services and labor described herein; ALL SALES ARE FINAL AND THEIR WILL BE NO REFUNDS.
AND WHEREAS the Seller/Raiser is willing to receive possession of such Cow, pursuant to this Agreement, for the sole purpose of rendering the services and labor specified in this Agreement;
NOW THIS AGREEMENT WITNESSETH that in consideration of the mutual agreements and undertakings herein, the parties hereto covenant and agree with each other as follows:
SECTION 1.00 TERM OF AGREEMENT
1.01 This Agreement comes into effect as of the Effective Date above and shall continue until the Cow is contracted to be slaughtered for meat, and/or until the Owner/Buyer removes the Cow from the Seller/Raiser’s Premises (the “Term”) under the terms and conditions of this Agreement, unless terminated pursuant to Section 9.00.
SECTION 2.00 SERVICES TO BE PROVIDED BY THE SELLER/RAISER
2.01 The Seller/Raiser agrees to feed and otherwise care for the Cow (the “Services”).
2.02 All feed and medication, (the “Supplies”), required for the proper care of the Cow during the Term shall be provided by the Seller/Raiser at the expense of the Buyer/Owner.
2.03 The Seller/Raiser agrees to hold the Cow in its possession, at 4542 CR 44800, Detroit, TX 75436 (the “Premises”), for the sole purpose of performing the Services.
2.04 The Cow shall be marked by the Seller/Raiser to enable quick and easy identification of the Cow governed by this Agreement from any other animals of a comparable nature.
SECTION 3.00 SELLER/RAISER’S OBLIGATIONS
3.01 The Seller/Raiser shall not remove the Cow from the Premises without the consent, in writing, of the Owner/Buyer.
3.02 The Seller/Raiser covenants and agrees that it will not at any time, in any manner, and has no right to sell or otherwise dispose of the Cow or Supplies, or mortgage, charge, encumber, pledge, or grant security upon the Cow or Supplies, unless this Agreement is terminated pursuant to Section 9.00.
3.03 The Seller/Raiser will provide any and all services needed from the time of Purchase of the Cow, until the Cow is processed for meat.
SECTION 4.00 GOVERNING LAW
4.01 This Agreement shall be construed in accordance with and governed by the laws of the State of Texas, without giving effect to the conflicts of laws principles thereof. The agreed venue and jurisdiction for any claims or disputes arising under this Agreement is any state court located in Lamar County, Texas, and the United States District Court for the Northern District of Texas. All amounts payable pursuant to this Agreement are payable in Paris, Lamar County, Texas.
SECTION 5.00 OWNER/BUYER’S OBLIGATIONS
5.01 All rights, title, and interests in and to all Cow(s) delivered to the Seller/Raiser pursuant to this Agreement shall at all times remain to the Owner/Buyer, and the sole right of the Seller/Raiser with respect to such Cow(s) shall be to perform the Services and labor specified in this Agreement.
5.02 Notwithstanding 5.04 above, the Owner/Buyer covenants and agrees that it will not at any time, in any manner, and has no right to sell or otherwise dispose of the Cow or Supplies, or mortgage, charge, encumber, pledge, or grant security upon the Cow or Supplies without the express written consent of the Seller/Raiser.
5.03 Subject to the terms of this Agreement, the Owner/Buyer, or its agent, shall have the right to inspect the Cow within the first Fifteen (15) days of delivery in order to deem its acceptability. If they choose not to inspect the Cow, it will be deemed acceptable, and all funds paid will become non-refundable.
5.04 At the end of the Term of this Agreement, the Owner/buyer may pick up the cow at any time prior to being butchered, but will not be refunded any of the proceeds, and if terminated pursuant to Section 9.00, additional amounts may be owed.
5.05 If Cow ownership is split between parties, the Seller/Raiser is not responsible for any disputes between the parties and must have all parties’ consent, or written permission by all parties, before releasing the Cow for removal from Seller/Raiser’s Premises, regardless of when it occurs in the Term of this Agreement.
SECTION 6.00 SELLER/RAISER’S FEES
6.01 The Owner/Buyer will pay the Seller/Raiser one or more of the the following Custom Charges:
6.02 The Owner/Buyer shall pay an initial deposit of the monthly payment picked in 6.02, per animal which will be held by the Seller/Raiser and applied against the final invoice.
6.03 The Owner/Buyer shall set up automatic recurring payments of,
$149 (for 25% of a custom designed cow)
$299 (for 50% of a custom designed cow)
$499 (for 100% of a custom designed cow)
to be paid at the end of every month.
6.03 The monthly payment divided per pound, ranges from $9.20 to $7.67 per pound of hanging weight, which is 60-65% of live weight, and Owner/Buyer acknowledges that live weight will vary per cow. The processed weight averages 60-65% of the hanging weight.
6.04 Charges are recurring and any balances of the Custom Charges under the Agreement are determined at the time of termination of this Agreement and all outstanding charges are due in full prior to the release of the Cow or the processed Cow to the Owner/Buyer. Owner/Buyer understands that there will be the equivalent of at least 12 payments per Cow, not including the initial deposit.
SECTION 7.00 INSURANCE AND DEATH LOSS
7.01 The Owner/Buyer shall provide insurance, at their sole discretion, for the Cow and shall be responsible for death or loss. WE STRONGLY RECOMMEND THAT YOU GET THIS.
7.03 The Seller/ Raiser will not be responsible for death of the Cow for any reason. The Owner/Buyer is assuming the risk of any loss or death as part of this agreement.
SECTION 8.00 QUARANTINE AND DESTRUCTION ORDERS, AND DISPOSAL
8.01 The Owner/Buyer agrees and acknowledges that the Seller/Raiser has taken all reasonable and necessary precautions to ensure the health of the Cow. In the event of a quarantine order, a destruction order, or the death of the Cow, the Owner/Buyer agrees to release the Seller/Raiser from any claim or liability for any loss or damage that the Owner/Buyer may suffer arising from the Seller/Raiser carrying out or complying with the terms of any such order and/or disposal of the Cow.
8.02 In the event that the Owner/Buyer’s Cow is subject to a destruction order or dies during the Term of this Agreement, the Owner/Buyer shall be responsible for all outstanding costs incurred pursuant to the within Agreement, and shall in addition be responsible for all costs incurred by the Seller/Raiser in carrying out the destruction order against and disposal of the Cow.
SECTION 9.00 TERMINATION
9.01 The Owner/Buyer or the Seller/Raiser may terminate this Agreement at any time by giving Thirty (30) days’ notice in writing to the other party.
9.02 In addition to its rights under subsection 9.01 and without restricting any other remedies available, the Seller/Raiser may, at its sole option, immediately terminate this Agreement in writing if:
(a) Owner/Buyer, fails to make any payment at any time; or
(b) Owner/Buyer has failed to comply with any term or condition of this Agreement;
9.03 Upon termination of this Agreement, the Seller/Raiser shall cease to perform any further Services. The Owner/Buyer shall be under no other obligation to the Seller/Raiser other than to pay any outstanding amounts as the Seller/Raiser is entitled to receive for work completed to the satisfaction of the Owner/Buyer up to the date of termination.
9.04 The Owner/Buyer reserves the right at any time to remove the Cow from the Seller/Raiser’s Premises, upon Twenty (20) business days written notice being provided to the Seller/Raiser, and upon payment in full of the amount owed to the Seller/Raiser at the time of removal.
9.05 The Seller/Raiser shall have the right, at any time, and for any reason, to instruct the Owner/Buyer to remove any or all Cow(s) held by the Seller/Raiser, and the Owner/Buyer shall attend to same within Twenty (20) business days of written notice being provided. The Owner/Buyer shall pay all outstanding charges against the Cow being removed prior to their release from the Seller/Raiser. Should the Owner/Buyer fail to remove the Cow within the time set forth as above, ownership of the Cow shall revert to the Seller/Raiser, who shall then be entitled to keep the Cow, or sell it to a different Buyer, at Seller/Raiser’s sole option.
SECTION 10.00 GENERAL
10.01 Amendments and alterations to this Agreement shall be in writing and shall be signed by both the Owner/Buyer and Seller/Raiser.
10.02 Nothing in this Agreement shall constitute the Seller/Raiser as a joint venture with, or the agent, legal representative, partner, or employee of the Owner/Buyer, and neither party shall have the right or power to and shall not bind or obligate the other in any way, manner, or thing whatsoever nor represent to anyone a right to do so.
10.03 Any disagreement which may arise between the contracting parties hereto shall, when a mutually satisfactory settlement by Mediation cannot be reached, then be submitted to arbitration. The arbitration authority may either be a single person mutually satisfactory to both parties, or a board of three, one member to be proposed by each party and a third selected by the two as chosen. The recommendation of the arbitrator or arbitration board shall be accepted as final. The cost of arbitration will be paid by the non-prevailing party.
10.04 This Agreement shall enure to the benefit of and be binding upon the parties hereto, and their respective heirs, successors, assigns, executors and administrators.
10.05 The Seller/Raiser shall not assign or transfer this Agreement or any rights or obligations under this Agreement without first obtaining written permission from the Owner/Buyer.
10.06 No assignment or transfer of this Agreement shall relieve the Seller/Raiser of any obligations under this Agreement, except to the extent that they are properly performed by the Seller/Raiser’s permitted assigns.
10.07 Time is of the essence of this Agreement.
SECTION 11.00 BUTCHERING AND DRY AGING
11.01 If the Owner/Buyer chooses to have the Cow butchered only/and dry aged at the Seller/Raiser’s facility, the Owner/Buyer shall pay an additional fee for butchering and packaging, or butchering, dry aging, and packaging as described in the attached “Butchering/Dry Aging Agreement”, “Schedule A”
Butchering/Dry Aging Agreement
Because the Seller/Raiser is butchering Buyer/Owner’s Cow, it is not necessary to document typical USDA food-handling requirements. However, Seller/Raiser follows best practices for handling food, and in most cases, meets or exceeds USDA standards.
Buyer/Owner takes full possession of their packaged meat FOB: 4542 CR 44800, Detroit, TX 75436, and Seller/Raiser cannot be held responsible for how Buyer/Owner, or their agent(s), handle(s) and/or prepare(s) the meat once the transfer is made.
Buyer/Owner acknowledges that USDA standards are not documented, and agrees that they will not hold Seller/Raiser responsible for illness or death related to Buyer/Owner’s improper handling or preparation of the final product.
Buyer/Owner agrees to follow safe handling and preparation practices:
Safe Handling Instructions
Some food products may contain enzymes and bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions.
Keep refrigerated or frozen. Thaw in the microwave or refrigerator.
Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry.
Keep hot foods hot. Refrigerate leftovers immediately or discard.
Buyer/Owner agrees to pay ______________________ for butchering services.
Buyer/Owner agrees to pay ______________________ for dry aging services.