Equine Sales Agreement
WITNESS THIS AGREEMENT this ***** day of July 2010 by and between (*****seller name) of (*****seller address) hereinafter referred to as “Seller”, and (buyer name****) of (****buyer address) hereinafter referred to as “Buyer”.
This Sales Agreement provides for the legal transfer of ownership of the horse known as (*****horse info such as name, reg#, color, height, DOB, etc****), hereafter known as “horse”, from the Seller to the Buyer for the sum of $*******. Upon payment in full, Seller agrees to execute all necessary papers and to take all steps necessary to transfer ownership and registration of said horse to Buyer.
It is acknowledged by the Buyer that the Seller has transferred to the Buyer all available medical information requested and that the Buyer has been granted an opportunity to have his/her own veterinarian conduct an independent examination of the horse being purchased. The Buyer acknowledges that it is frequently difficult to accurately ascertain the physical condition and performance capabilities of any horse and veterinarians may differ as to their opinions and assessment. By signing this Agreement the Buyer agrees that the Seller has given to the Buyer a full and adequate opportunity to see, test and vet the horse and thus rely totally and completely upon the Buyer's own analysis and evaluation and not upon any representations whatsoever made by the Seller. The Seller specifically makes no express warranties or implied warranties as to the ability, disposition, health, soundness, merchantability, or fitness for a particular purpose of the horse being purchased by the Buyer: specifically excluding all express or implied warranties of every kind or nature that might be involved in such a horse purchase; thus, selling this horse “as is”.
The Buyer accepts the horse by signing this contract, and risk of loss passes immediately. The Buyer is responsible for all expenses from the moment thereof including but not limited to feed, farrier, board, veterinarian, training, and transportation. Buyer agrees to keep the horse in a clean and safe environment with proper nutrition, health care, and companionship. Health care includes but is not limited to parasite control, vaccinations given on veterinarian’s recommended schedule, regular hoof maintenance, and emergency care as needed. Buyer agrees that the horse will not be left alone for more than twenty four (24) hours unattended without human care. Buyer agrees that fresh food and water will be provided daily. Buyer agrees that horse waste will be removed on a regular basis to ensure health of horse and parasite control. Buyer agrees that horse will never, under any circumstances, be resold to any type of horse broker, feed lot, or slaughter destination. If Buyer is found to be guilty of neglect or abuse, horse shall be returned to Seller and no refund or exchange will be given.
Buyer does hereby release Seller, her representatives, volunteers, agents, servants, and assigns of and from any liability arising from representations, misrepresentations, care and handling of the horses offered for sale. Buyer expressly assumes all risks associated with handling and riding said horse. Buyer acknowledges that horses by their nature are unpredictable and buyer assumes all risks in connection therewith, and expressly waives any claims for injury and/or loss arising therefrom.
The Agreement shall be construed in accordance with and shall be governed by the laws of the State of Maryland. Any legal action must be brought in the county of Saint Mary’s.
ENTIRE CONTRACT AND SEVERABILITY: This contract contains the entire understanding of the parties concerning its subject matter, there are no oral or written promises or representations upon which the buyer is relying except as expressly set forth herein. This contract may be modified only in writing executed by both Buyer and Seller. The invalidity or unenforceability of any term or clause of this contract shall not affect the validity and enforceability of any other terms or clauses.
The undersigned hereby acknowledge and accept the forgoing terms of sale:
(signatures and date)
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