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Purchase and Maintenance Agreement for Cattle - Feeder Contract

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Multi-State
Control #:
US-01157BG
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Word; 
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Description

Beef is raised in three phases before it is processed: calves are raised on pasture and range land, as feeder cattle they feed on pasture, crop residue, and range land, and finally they go to feedlots, where they are fattened for slaughter. Feeder contracts are a type of futures contract based on young cattle that are sent to feedlots in preparation for slaughter. The Chicago Mercantile Exchange first introduced a feeder cattle contract in 1971.


It is important make sure the agreement is clear as to whether a bailment or an actual sale of the animals is intended. In order to constitute a bailment and not a sale, a fattening or raising agreement should provide that the owner agrees to provide the animals involved to the feeder with the owner retaining title to the animals, and the feeder or raiser is to feed or raise them for sale as the owner deems proper. This form is a sample of a sale rather than a bailment.

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Key Concepts & Definitions

A purchase and maintenance agreement for cattle is a legal document that outlines the conditions and terms under which cattle are bought and maintained. This agreement is critical for ensuring clarity and accountability between buyers and sellers, addressing issues such as payment terms, health warranties, delivery of cattle, and ongoing maintenance responsibilities.

Step-by-Step Guide

  1. Identify the Seller and Buyer: Clearly specify the parties involved in the transaction.
  2. Detail the Cattle Being Purchased: Include descriptions such as breed, age, health status, and any registration numbers.
  3. Set the Price and Payment Terms: Define the total cost, payment schedule, and acceptable payment methods.
  4. Outline Maintenance Responsibilities: Specify who is responsible for health management, feeding, and other caretaking duties until the cattle are delivered.
  5. Include Warranties and Representations: Detail any guarantees provided by the seller regarding the cattles health and condition.
  6. Specify Delivery Details: Outline logistics for the delivery of cattle, including timing and location.
  7. Add Dispute Resolution Mechanisms: Define how disputes related to the agreement will be resolved.
  8. Signatures: Ensure both parties sign the agreement to make it legally binding.

Risk Analysis

  • Financial Risks: Inadequate payment terms can lead to financial instability. Ensure the agreement includes clear, manageable payment schedules.
  • Health Risks: Without proper health warranties, buyers risk acquiring sick or unhealthy cattle, potentially resulting in significant veterinary costs.
  • Legal Risks: Poorly drafted agreements may not be enforceable in court. Legal advice should be sought to ensure all terms are legally binding and compliant with local laws.
  • Operational Risks: Unclear maintenance duties can lead to negligence in cattle care, affecting health and productivity.

Common Mistakes & How to Avoid Them

  • Vague Terms: Always specify detailed descriptions of obligations and terms. Vagueness leads to disputes.
  • Inadequate Legal Review: Engage a lawyer experienced in agricultural contracts to review and validate the agreement.
  • Neglecting Industry Standards: Ensure the agreement adheres to agricultural industry standards and best practices.

Best Practices

  • Regular Health Checks: Stipulate regular veterinary health checks in the agreement to maintain cattle health.
  • Clear Communication: Maintain open lines of communication between the buyer and seller for updates on cattle condition and care.
  • Document Updates and Amendments: Any changes to the agreement should be documented and signed by both parties.

How to fill out Purchase And Maintenance Agreement For Cattle - Feeder Contract?

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FAQ

Also this week, CattleFax released their price expectations for 2020. They are forecasting finished steers to average 118 next year, with potential to top out near $130. 750 pound steers are estimated at an average of $146 and 550 pound steer calves at $165, both just slightly ahead of their 2019 averages.

A calf that weighs 500 pounds costs around $700. As compared to a heifer, bred heifer costs more. A bred heifer can cost around $1,300. Whereas matured cows can cost around $4,000 to $5,000 each.

A price of $160 per cwt on 550- to 600-pound calves generates $900-plus in steer calf revenue. (Remember, only half the calves are steers.)

Looking out to 2020, Brester said that given where the feeder cattle futures for next fall are sitting and factoring in the historical basis, 500-600 pound feeder calves could bring $165-$175 next October. 6-700 pound calves might range $155-$165. Also this week, CattleFax released their price expectations for 2020.

A calf that weighs 500 pounds costs around $700. As compared to a heifer, bred heifer costs more. A bred heifer can cost around $1,300.

It will take over a year (367 days) to grow a 500-pound calf to 1,000 pounds if its average daily weight gain is 1.5 pounds per day. Some exten sive forage-finishing systems may require a longer duration for calves to reach slaughter weight if forage quality and quantity restrict growth to no more than 1 pound per day.

The price for 550-pound weaned calves is expected to average $150 per cwt this year, in a range of $135 to $165. We believe the average break-even price for cow-calf producers is about $140, says CattleFax CEO Randy Blach. For the best producers, that breakeven is probably around $100.

Based on the 2019 budget, slaughter cows (1,200 pounds) are expected to average $50 per hundredweight, while 550 pounds steers and 520 heifers are expected to average $145 and $130 per hundredweight respectively.

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Purchase and Maintenance Agreement for Cattle - Feeder Contract