Sales Agreement and Policy
General:
1. We do not start any horse under saddle until their 2 year old year, and then only light riding. We will disclose any known health-related issues. We cannot determine soundness, lameness, or good health but only give an opinion. ***Except as otherwise noted, definition of a "sound" horse means to move without lameness or limp, to have sight in both eyes, and to have normal wind (breathing). “Lameness” means an irregularity of gait which results from moving with pain or difficulty.*** We strive to provide accurate information to the best of our knowledge. However many factors involving horses may be estimated or a matter of opinion such as build/body type, condition, weight, height, ect. We also sometimes rely on other sources for information (for example: information given by previous owners, or pedigree and accomplishment information, etc.). We cannot be responsible for any inaccurate or incomplete information that was provided by other sources, is estimated, subjective, relative, or is a matter of opinion.
2. Please expect us to ask you a few questions about your experience with horses, what type of horse you are looking to find, and what type of facilities the horse would be housed. We do this to help ensure a good match for you and the horse. However, due to the nature of horses (and humans) we cannot guarantee or warranty the horse for a particular purpose or if the horse will be suitable for you. It is ultimately up to the Buyer to determine if the horse will be suitable for them and their intended purpose. Seller will represent horse's disposition and training level truly and accurately to Seller’s knowledge. Buyer agrees to represent their riding skill level truly and accurately. Buyer and Seller both agree that a horse’s disposition and training level are relative and subjective terms and are a matter of opinion. A horse's performance is determined by the relationship the horse and rider/handler. Thus a rider/handler with a high skill level will get better performance from a horse than a rider with lower skill level riding/handling the same horse. Seller offers no guarantees of performance or handling ability of horse. Seller encourages buyers to examine the horse personally and to have the horse examined by an independent equine professional to determine suitability prior to the purchase of the horse. Seller suggests to buyer, especially buyer with less experience to educate themselves in order to have the most enjoyable riding experience. Working with a riding instructor or trainer is also very helpful. Video of the horse may be available for a $10.00 fee to cover the cost of the tape and mailing. Seller reserves the right to refuse to sell any horse to any Buyer for any reason.
Pre-Purchase Exam
3. At Buyers option, request, and expense, buyer may have a pre-purchase exam completed by a vet of Buyers choosing. Any pre-purchase exam must be completed before buyer takes possession of the horse. If the buyer chooses to have a pre-purchase exam done, a 100% refund, less costs and expenses, is given if the horse fails the pre-purchase exam. Fails the pre-purchase exam means that the vet has discovered a condition that would render the horse unsound for its intended purpose. If however, the horse is declared to be sound for the intended use and the buyer opts not to complete the transaction, the deposit will be forfeited.
3a. If Buyers opt to cancel this contract due to an unsatisfactory exam, they must do so at their expense in writing with proper documentation within five days of said exam. Buyer shall provide Seller with proper veterinary documentation regarding the defect of the horse, (said defect must be more than a temporary or minor readily observable defect or blemish) and showing that the cost of the exam, and any other costs, care and treatment of the horse, was paid in full. If Buyers fail to do any of the above, or otherwise breaches this Agreement, then Buyer forfeits the right of reimbursement of all or part of the purchase price at Seller’s option.
3b. Whether the purchaser chooses to have a pre-purchase exam performed or not, Seller will not be responsible for any behavioral, performance, health or soundness issues that may arise post-sale. Horse sells as is.
3c. In the event of issues regarding any pre-purchase exam. Any form of recourse for buyer exist between themselves and the veterinarian or other equine professional completing the exam. Seller assumes no responsibility of any kind for any pre-purchase exam.
Bred Mares
4. Those mares which are listed or advertised as “brood mare” "bred to" or “in foal”, unless otherwise stated, have NOT been ultrasounded or otherwise vet checked in foal. This means that Seller cannot confirm the mare to be in foal, but she has been exposed to the stallion. If requested by the buyer, seller will ultrasound mares, and that cost is the responsibility of the buyer.
4b. If a breeding or Live foal guarantee is offered on any mare, this means Buyer is entitled to a return breeding during Sellers next regular breeding season to an available stallion to said mare if the foal does not survive through gestation or if mare produces a live foal that is unable to stand and nurse and subsequently dies within 24 hours after birth. Selection of Stallion is the sole discretion of Seller. If Seller does not have a stallion available, or if Buyer breaches any portion this agreement, the breeding or guarantee is void. A veterinarian’s certificate must be furnished to seller within 5 days from date of loss of said unborn foal or foal that does not survive the first 24 hours. Failure to provide said certificate within the 5-day period will void the live foal guarantee. Buyer is to provide transportation and mare care fees for return breeding. Buyer also to pay for veterinarian fees and ultrasound fees. Shipped semen may also be available. If available and Buyer opts for shipped semen, Buyer will pay all related costs, including but not limited to collection, testing, handling fees, and shipping fees as well as mileage of Seller. In no circumstance is Buyer entitled to any full or partial refund of any moneys paid.
4c. If Buyer chooses not to have mare pregnancy tested Buyer is not entitled to any recourse should the mare come up open, fail to rebreed, or lose her foal for any reason.
4d. Buyer agrees to hold Seller harmless in event that any mare reported to be open ends up being bred.
Deposit & Payment Terms
5. We require 1/2 to 3/4 down to reserve foals that have not been weaned. Weanlings must be picked up a maximum of 2 weeks after their ready date in order to avoid additional daily charges of $5.00 per day for board. (Said $5.00 daily fee does not cover any special care or services.)
6. Once weaned, horses must be paid in full to be considered sold. Once a deposit or partial payment in the minimum amount of 50% of the purchase price (minimum of $250.00) is received, the horse is considered reserved (or sale pending). Said horse must be picked up a maximum of 2 weeks from the date of deposit in order to avoid additional daily charges of $5.00 per day for board. (Said $5.00 daily fee does not cover any special care or services. Unless otherwise agreed, Special Care or Service rates are $120.00 per hour.)
7. Once partial or full payment has been made, regardless of where the horse is being kept, Buyer assumes all financial & other responsibility for the horse including care, (hoof care, worming, vaccinations, medications, treatments, vet care, ect.) transportation, veterinary fees, training, clipping, injury, illness, and/or death. Said services may be provided by Seller or Seller’s agent, for additional fees, upon agreement of the parties. It is recommended, and Buyer is strongly encouraged, to purchase mortality, theft, liability, and medical/surgical coverage insurance for any horse purchased from us as soon as possible or be held personally responsible for mortality, theft, liability, or medical or surgical costs incurred while horse is under care of seller, shipper, or after horse arrives at buyers physical location. If the horse dies before being paid in full, Buyer will be responsible for paying the remaining balance due on the horse. The seller will no longer be responsible for horse once payments have started.
8. Payments on bred mares do not include the foal. If mare is still in Seller’s possession or if mare’s purchase price is not paid in full before mare foals, said foal is property of the Seller.
9. No horse may leave Seller’s possession without being paid for in full. Method of payment is cash, paypal, or wire transfer unless otherwise agreed by the parties. There is an additional 4% fee for paypal and $10.00 fee for wire transfers. (If buyer is in need of financing possible sources are www.mbna.com, local bank or credit union, or other.) Late payment fee is 10% or $20.00 whichever is greater. Plus annual interest rate to Seller is eight percent (8%) for any late payments or balances not paid in full when due.
10. If the buyer fails to take possession of the horse 30 days after the ready date, the deposit is forfeited and the contract for purchase deemed void, upon Sellers option.
Health Issues, Injuries, Illness, and Euthanasia
11a. If the horse becomes severely injured or very ill and in need of emergency care, Seller reserves the right to provide emergency veterinarian care to the horse without prior notification to buyer. Seller may also euthanise the horse that at their judgment would have no chance of recovery. If the horse can be stabilized after severe injury or illness the Seller will attempt to contact the Buyer for instruction on preferred course of action.
11b. Seller will not be held liable for failure to notice any health issue, injury, or illness. Seller will not be held liable for any advice or instructions given to buyer in regards to any ill or injured horse.
Shipping
12. Buyer is responsible for all shipping and associated charges (both ways if applicable). Buyer is responsible for all costs of transportation and delivery, including but not limited to Hauling Fees, Brand Inspections, Coggins Tests, Health papers, and Hay or Feed. If horse is injured, killed, or exposed to serious illness while under care of shipper any form of recourse for buyer exist between themselves and the shipper. Seller assumes no responsibility for horse after it is placed in the care of the shipper.
Transfers
13. Upon receiving full and final payment of purchase price and other fees and expenses, which have cleared all banks, and after the time of all veterinarian checks/exams and trial use periods expire, Seller will execute and mail/deliver all necessary papers to transfer ownership and registration of the animal to Buyer(s). Once full payment is received, ownership transfers to buyer.
14. Any and all expenses of ownership transfer and/or registration if sold on Application or Breeder’s Certificate shall be at Buyers sole expense, including but not limited to fees, photos, DNA kits, Parentage Verification, Membership fees, etc.
Warranties
15. Seller makes no warranties, express or implied, including the warranties of fitness for a particular purpose, condition, quality or durability. Photos, prices, and other information located on Seller's website or other advertisements may not be current or recent and are not express or implied warranties.
16. The Seller(s) expressly disclaims all expressed or implied warranties as to merchantability or fitness for a particular purpose. The Buyer has been given the opportunity to view and handle the horse themselves, to have a pre-purchase examination performed by a Veterinarian and/or Equine Professional of the Buyer's choice at the Buyer's expense, prior to the execution of this Bill of Sale. Regardless of whether or not the Buyer elects to view and handle the horse and/or to have a Veterinarian or Equine Professional perform a pre-purchase examination of the horse, the Buyer waives any and all rights, claims or causes of action against the Seller(s) for any patent or latent defects pertaining to the Horse. Further, the Seller disclaims any warranty as to the condition, conformation, or disposition of the Horse.
Refunds
17. Seller reserves the right to refund a reservation fee and/or other monies paid if Seller feels it is in the best interests of the horse.
17b. Full or partial refunds are not given except as otherwise stated above. For example, a refund is not given if the buyer backs out of the sale, or otherwise defaults on this agreement for any reason. Whether or not Buyers have chosen to have their horse "vetted out", examined by themselves, or others, once possession has been transferred from seller to the buyer, the sale will be considered final as is and no refunds will be made.
Default
18. The time of performance by Buyers of the terms of this contract is an essential part of this contract. Should buyer fail to make any payment, or otherwise breaches this agreement, or otherwise fail to timely perform any of the terms of this contract, title to the horse remains with Seller, and Seller may, at Seller's option, elect to declare this contract cancelled and terminated by notice to Buyers. If this contract is terminated, all payments made by Buyers pursuant to this Agreement shall belong to Seller as liquidated damages for breach of this contract. Acceptance of late payments by Seller does not waive Seller's right to receive timely payments in the future. Neither the extension of time for payment of any sum of money to be paid hereunder, nor any waiver of rights by Seller to declare this contract forfeited by reason of any breach, shall in any manner affect Seller's right to cancel this contract because of defaults subsequently occurring. No extension of time shall be valid unless agreed to in writing.
Limitation Of Liability and Personal Injury
19. Buyer accepts full responsibility for their decision and the consequences that go along with their decision of the use and purchase of the horse. This includes the possibility of Buyer or others being injured or even killed in the Inherent Risks of Equine Activities. Buyer agrees to hold seller and seller's agents harmless in event of injury or death related to riding or interacting with horse purchased, or being considered for purchase, from Seller. Buyer is strongly encouraged to take precautionary measures, especially use of helmet and other protective riding gear. By law an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
Subject to Change
20. All prices are subject to change without notice, unless purchase price of said horse, and all related fees, have been paid in full.
21. Seller’s prices, terms, and policies are subject to change without warning. If Buyer and Seller are under contract and Seller’s prices, terms, or policy changes, Seller will notify Buyer in writing. Buyer has the option of opting out of accepting changes and must do so in writing within 15 days of being given notice. If buyer opts out of changes, buyer is still bound by the terms of the original agreement. Buyer cannot opt out of changes of mileage, service fees or boarding fees.
Enforcing Contract
22. This contract and all conditions expressed by contract are under jurisdiction of the state law of Seller’s residence. All disputes regarding contract must be filed in the County of Seller’s residence. Should a dispute arise between buyer and seller, Buyer agrees to pay Seller’s legal costs, mileage, personal time spent per special services hourly rate per paragraph 6, and attorney or other fees in resolving the matter, and voids any live foal guarantee or breeding or rebreeding.
23. Subject Horse
Name:____________________________ Age/DOB: _________________________Color: ____________________________Sex: _____________________________Breed: ___________________________Tattoo or Registration #: ______________Consideration
24. In consideration of the total sum of ________________________, plus all additional fees and costs as set forth herein, Seller agrees to sell to Buyer(s) horse described herein, and Buyer(s) agree to buy said horse on the terms set forth herein.
Entire Agreement and Serverability
25. Time is of the essence on all terms of this agreement.
26. This instrument constitutes the entire agreement between the buyer and seller, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement that it evidences shall remain in full force and effect.
27. Paragraph Headings are for convenience only. They are not part of the Agreement of the parties and shall not be used in the construction thereof. This Agreement is not to be strictly construed for or against either of the parties. It shall be interpreted simply and fairly to both parties.
28. By signing this agreement, the parties are stating that they have read this _____-page agreement, and understand what they have read, and agree to the purchase of this horse under all the terms and conditions herein. Upon signing this agreement, Buyer will not hold seller liable, as Buyer is responsible for this horse. Buyer agrees to pay the full purchase price of this horse within one month from date of contract unless other arrangements are made. If Buyer backs out of this contract, Buyer will loose all monies paid and will forfeit ownership of the horse.
Date: _________________________Date: __________________________
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_______________________________Signature(s) of Buyer(s) Signature of Seller
Signature of SellerPrinted Name(s):_________________________Printed: ________________________
Printed: ________________________ Address:___________________________Address: _______________________
Address: _______________________ ___________________________ _______________________
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_______________________ Tel Number(s):__________________________Tele No: _______________________
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_______________________ Email: ___________________________Email: __________________________
Email: __________________________ DOB: ___________________________Subscribed & sworn to before me onSubscribed & sworn to before me on
Subscribed & sworn to before me on this ___ day of __________, ______. this ___ day of ___________, _____.
this ___ day of ___________, _____.__________________________________________________________________
_________________________________Notary Public Notary Public
Notary Public