TERMS OF SERVICE AND SEMEN POLICY
Bryant–Cardenas Red Brahmans (Bryant Ranch)

BUYER: PRINT AND RETAIN A COPY FOR YOUR RECORDS.
Effective Date: “January 20th, 2026”
These Terms of Service and Semen Policy (this “Agreement”) govern the purchase and use of frozen semen and related services and certificates offered by Bryant–Cardenas Red Brahmans / Bryant Ranch (the “Seller”) to the purchaser identified below (the “Buyer”). Seller and Buyer may be referred to individually as a “Party” and collectively as the “Parties.”

1. DEFINITIONS
1.1 “Semen” means frozen bovine semen straws sold by Seller under this Agreement.
1.2 “ABBA” means the American Brahman Breeders Association.

1.3 “Storage Facility” means the semen storage facility designated by Seller, currently:
Brushy Creek Custom Sires
18051 FM 1660, Taylor, Texas 76574
(512) 352-7444
1.4 “AI Certificate” means the ABBA artificial insemination certificate associated with a straw or use, as applicable under ABBA rules and Seller policy.
1.5 “Buyer Herd” means the cattle herd(s) owned and controlled by Buyer and located under Buyer’s management, excluding herds owned by third parties.

2. SEMEN PURCHASE; ELIGIBILITY; BULL IDENTIFICATION
2.1 Registered Purebred Red Brahman. Semen sold under this Agreement shall be from purebred Red Brahman bulls registered by Seller with ABBA.

2.2 DNA / Blood Typing. Each sire’s DNA verification and/or blood typing is on file with ABBA as required for registration compliance.

3. SEMEN QUALITY; NO PERFORMANCE GUARANTEE
3.1 Marketable Quality at Time of Sale. Seller represents that, at the time of purchase and release from the Storage Facility, the Semen is of marketable quality and collected/frozen in accordance with standards of the collection center used by Seller (including, where applicable, Brushy Creek Custom Sires).

3.2 No Conception/Embryo Guarantee. SELLER MAKES NO GUARANTEE OF CONCEPTION RATES OR RESULTS USING AI, ET, OR IVF, INCLUDING WITHOUT LIMITATION NUMBER OF EMBRYOS PRODUCED OR NUMBER OF PREGNANCIES ACHIEVED. Outcomes depend on recipient/donor fertility, technician skill, protocols, timing, storage/handling, and other factors outside Seller’s control.

3.3 Exclusions. Any representation or warranty is void if Semen is mishandled, thawed incorrectly, exposed to temperature excursions, stored in poorly maintained tanks, transported without adequate nitrogen levels, or otherwise not maintained under industry standard conditions.

4. BUYER STORAGE, HANDLING, AND TRANSFER RESPONSIBILITIES
4.1 Buyer Responsibility. Buyer is solely responsible for proper storage, tank maintenance, liquid nitrogen levels, thawing, handling, transport, and use of Semen after release.

4.2 Transfer Deadline. Buyer must move Semen into Buyer’s account at the applicable Storage Facility within thirty (30) days after Seller authorizes release (“Release Date”).

4.3 Failure to Transfer or Pick Up. If Buyer fails to pick up or transfer Semen within the 30-day period, Seller may, at Seller’s option, deem the Semen forfeited without refund or replacement, and may resell or otherwise dispose of such Semen. Seller may extend the deadline in writing at Seller’s sole discretion.

5. PRICING; TAXES; PAYMENT; NO RELEASE UNTIL PAID
5.1 Purchase Price. Prices vary by sire and unit quantity and are set by Seller in writing (invoice, order confirmation, or written quote).

5.2 Taxes and Fees. Buyer is responsible for all applicable taxes, Storage Facility fees, handling fees, release fees, and shipping/export costs, unless Seller expressly agrees otherwise in writing.

5.3 Payment Methods. Seller accepts payment by cash, check, credit card, and, if offered by Seller at the time of purchase, ACH transfer, wire transfer, Zelle, Venmo, PayPal, or other electronic payment methods. Seller may charge a processing fee for card or third-party payments where permitted by law and disclosed on the invoice.

5.4 No Release Without Full Payment. Semen will not be released until Seller has received full cleared payment for Semen and any required certificates and Seller has authorized release with the Storage Facility.

6. RELEASE, SHIPPING, AND RISK OF LOSS (DOMESTIC AND INTERNATIONAL)
6.1 Release Location. Semen will be released in Buyer’s name at the Storage Facility listed in Section 1.3 (or other facility designated by Seller in writing).

6.2 Buyer Arranges Shipping. Buyer is responsible for arranging shipment or pickup, including securing a shipper tank, coordinating carrier schedules, and paying all shipping-related costs.

6.3 Risk of Loss; Title. Title and risk of loss pass to Buyer at the time the Storage Facility releases Semen to Buyer, Buyer’s agent, or carrier. Seller is not responsible for loss, damage, delays, or temperature excursions during transit.

6.4 Shipping Insurance. Buyer is responsible for purchasing shipping insurance to cover Buyer’s risk.

6.5 International Orders. International shipments (if permitted by Seller for the specific sire and destination) require Buyer to arrange and pay for all export documentation, health/testing requirements, permits, customs clearance, broker fees, and destination compliance. Buyer is solely responsible for confirming legality and import eligibility in the destination country. Seller may decline international release for any reason, including regulatory or biosecurity constraints.

7. RESTRICTIONS ON RESALE, TRANSFER, AND USE
7.1 No Resale/Transfer Without Written Consent. Buyer shall not resell, trade, transfer, donate, exchange, or otherwise convey any Semen to any third party without Seller’s prior written consent.
7.2 In-Herd Use Only. Semen is sold solely for use within Buyer Herd. Use is limited to Buyer and Buyer’s immediate family members managing the Buyer Herd. Semen may not be split, divided, or allocated among unrelated herds or third parties.

7.3 No Partnership/Co-Owned Flushes Without Signatures. Semen may not be used for partnership or co-owned flushes unless all partners/co-owners are signatories to this Agreement and are identified as Buyers on the purchase documentation and ABBA records as required.

7.4 No Reverse Sorting. Seller makes no guarantee that conventional (non-sexed) Semen can be reverse sorted. Any warranty or representation is void if Buyer attempts reverse sorting.

8. AI CERTIFICATES (ABBA)
8.1 Included Certificate. Unless otherwise stated on the invoice, Seller will release one (1) AI Certificate per straw at the time of purchase or release, subject to ABBA rules and processing timelines.

8.2 Additional Certificates. Buyer may request additional AI Certificates by contacting Seller. Additional AI Certificates will be issued through ABBA at the current ABBA list price for that sire for the applicable year, and Buyer must pay Seller in full before release. Current pricing examples (subject to change):
Beto: $250 per additional AI Certificate
Chambord: $100 per additional AI Certificate
+BB Mr. Sting-Ray 10/0: $1,000 per AI Certificate
+Mr. 3H X-Ray 825: $500 per additional AI Certificate
.
8.3 Non-Transferability; Membership Limitation. AI Certificates are non-transferable and will be issued only to Buyer’s ABBA membership number or an immediate family membership number. AI Certificates will not be issued to partners who are not Buyers under this Agreement.

9. PROHIBITION ON SALES OF CERTAIN FROZEN GENETICS OUTPUTS
9.1 No Sale of Pregnant Recipients or Embryos. Buyer may not sell, assign, transfer, or otherwise convey (a) pregnant recipients carrying pregnancies produced using the Semen, or (b) frozen embryos produced using the Semen, in the United States or Mexico, without Seller’s prior written consent.
9.2 Remedies. Any violation of this Section constitutes a material breach.

10. CONFIDENTIALITY
10.1 Buyer shall keep confidential the pricing, discount terms, and non-public commercial terms of this Agreement and shall not disclose such terms to third parties except: (a) to Buyer’s attorneys/accountants under confidentiality obligations, or (b) pursuant to a valid court order or subpoena (with prompt notice to Seller unless prohibited by law).

11. INJUNCTIVE RELIEF
Buyer acknowledges that breach of Sections 7, 8, 9, or 10 may cause irreparable harm for which monetary damages may be inadequate. Seller may seek injunctive relief and specific performance, in addition to any other remedies available at law or equity.

12. LIMITATION OF LIABILITY; INDEMNIFICATION
12.1 Limitation of Liability. To the maximum extent permitted by law, Seller’s total liability arising from or related to this Agreement shall not exceed the amount paid by Buyer for the Semen giving rise to the claim. In no event shall Seller be liable for consequential, incidental, special, exemplary, or punitive damages, including loss profit of genetics value, lost calves, lost embryos, or business interruption.

12.2 Indemnification. Buyer shall indemnify and hold harmless Seller from claims, liabilities, and expenses arising from Buyer’s storage, handling, transport, use, or misuse of the Semen, or Buyer’s violation of this Agreement, ABBA rules, or applicable law.

13. GOVERNING LAW; VENUE; ATTORNEYS’ FEES
13.1 Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law rules.

13.2 Venue. Exclusive venue for any dispute shall be state or federal courts located in Texas, and the Parties consent to personal jurisdiction there.

13.3 Attorneys’ Fees. The prevailing Party in any action to enforce this Agreement is entitled to recover reasonable attorneys’ fees and costs.

14. FORCE MAJEURE
Seller is not liable for delay or failure to perform caused by events beyond Seller’s reasonable control, including acts of God, weather events, disease outbreaks, regulatory actions, supply interruptions, carrier delays, Storage Facility limitations, or export/import restrictions.

15. ENTIRE AGREEMENT; AMENDMENTS; SEVERABILITY; ASSIGNMENT
15.1 Entire Agreement. This Agreement, together with Seller’s invoice/order confirmation and any written addendum signed by Seller, constitutes the entire agreement and supersedes prior discussions.
15.2 Amendments. Any amendment must be in writing and signed by Seller.

15.3 Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

15.4 Assignment. Buyer may not assign this Agreement or any rights hereunder without Seller’s prior written consent.