1) The failure by Buyer to make any Installment payment or any other payment required to be made by Buyer hereunder, as and when due, where the failure continues for a period of (30) days; 2) The failure by Buyer to observe or perform any of the covenants, conditions or provisions of this Agreement which Buyer is required to observe or perform.
4. SELLER’S REPRESENTATIONS AND WARRANTIES.
As of the Effective Date and at Transfer of Possession, the Seller makes the following representations:
4.1 To the best of Seller’s knowledge, the Horse is in good health, sound and in good condition.
4.2 Seller confirms that horse is UTD on shots and vaccinations.
4.3 SELLER MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASE OF THIS HORSE IS SUBJECT TO THE TERMS AND
CONDITIONS OF AN “AS IS” SALE.
4.4 Seller is the sole owner of Horse and has all authority to enter into this
4.5 There is no lien or encumbrance on the Horse.
4.6 Upon Seller’s receipt of the Purchase Price, in full, Seller shall provide Buyer
With all other documents necessary to
transfer registration of the Horse from the Seller to Buyer.
5. RISK OF LOSS.
5.1 Upon the Transfer of Possession as set forth in paragraph 3.3 above, Buyer
assumes all risk of loss of or injury to Horse.
6. BUYER’S REPRESENTATIONS AND WARRANTIES.
The Buyer expressly represents and warrants the following:
6.1 At all times Buyer is indebted to Seller for the Purchase Price of the Horse,
Buyer shall provide and pay for all reasonable equine care for the Horse,
including but not limited to board, food and water, veterinary care, hoof
care, grooming, & exercise.
7. DEFAULTS; REMEDIES.
7.1. Defaults. The occurrence of any of the following events constitutes a
default and breach of this Agreement by the Buyer:
Signed: ________________________ Date: ______________ Name: __________________________ (Print) BUYER: Signed: _______________________ Date: ______________ Name: ________________________ (Print)
7.2 Remedies of Default by Buyer: Buyer will ship horse back to Seller at their own cost, Seller will regain ownership of horse, and funds already paid will be non-returnable.
7.3. Default by Seller. Seller shall not be in default unless Seller fails to
perform obligations required of it within a reasonable time, but in no event later than
thirty (30) days after notice by Buyer to Seller, specifying in what manner Seller has
failed to perform such obligations.
8. ENTIRE AGREEMENT.
This Agreement contains the entire agreement among the parties. Any
modifications or additions must be in writing and signed by all parties to the Agreement.