Sales Contract

For valuable consideration, the receipt of which is hereby acknowledged, this Bill of Sale and Agreement is hereby made, by and between ________________, with address at _________________________, State of __________________ (hereinafter referred to as “Seller” and ______________________, residing at _______________________________ (hereinafter referred to as “Buyer”) and entered into on the ____ day of ________, 20_____.

This agreement is entered between buyer and seller for the purchase and sale of the horse described below and with the following terms and conditions of sale:

SALE AND PURCHASE.
Seller hereby sells, assigns, and transfers and Buyer hereby purchases and acquires the certain horse as described herein to wit:

Name of Horse:
Sire: Dam:
Color:
Breed:
Registration Number:

PURCHASE PRICE
In consideration for Horse pursuant to the Agreement, Buyer shall pay seller the amount of ______________ in the form of cash, cashier’s check or personal check (the “Purchase Price”) after the horse is examined and “passes” a veterinary exam. If the buyer fails to deliver the Purchase Price after this exam takes place, Seller may, at Seller’s sole option.

(i) Require the Buyer to complete Buyer’s obligations under the Agreement
OR
(ii) Sell Horse to another purchase and refund any amounts paid by Buyer to Seller under the Agreement, less Seller’s expenses in reselling Horse to another purchaser (such as advertising fees and long – distance telephone calls).

DELIVERY OF HORSE
Seller has delivered the horse at the time of execution of this agreement.

TRANSFER OF REGISTRATION
After the seller has received the Purchase Price in full, Seller agrees to provide Buyer with Horse’s registration papers and take any actions and sign any documents reasonably necessary to facilitate the transfer of Horse to Buyer in Horse’s breed registry (ies). Unless the rules of the applicable breed registry (ies) specify otherwise, Buyer will be responsible for all applicable transfer fees and for submitting all documentation to the breed registry (ies).

SELLER’S WARRANTIES
Seller hereby covenants, represents, and warrants that the horse described above is free of all liens and encumbrances. Seller is the lawful owner of the horse and has the legal right to sell the same. Title transfers immediately upon execution of the Agreement by both the Seller and the Buyer. The new owner becomes immediately responsible for the hose and hereby releases Seller from any responsibility connected with said horse. The new owner agrees to pay any and all bills that are incurred after the execution of this Agreement is complete.

“AS IS”
It is understood that this horse is sold in “as is” condition, that no warranties other than expressly presented in writing herein are to be inferred, or implied, and that any warranty made by Seller or Agent must be written on this Bill of Sale or it is not valid

RISK OF LOSS
Both parties agree that the risk of loss of the horse will be transferred from the Seller to the Buyer as of the date of this agreement is both executed by Seller and Buyer, and the Seller has delivered to the Buyer the Certificate of Registration documents of the horse.

WAIVER OF UNKOWN CLAIMS
Upon behalf of Buyer, Buyer’s heirs, guardians and legal representative, Buyer expressly waives any right that Buyer might otherwise have with regard to unknown claims. For the purpose of the Section, “claims” shall include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but not exclusively, all claims arising in connection with this Agreement.

ASSIGNMENT OR TRANSFER
No party may assign or transfer this Agreement without the prior written consent of the other parties.

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. No oral modifications will be considered part of the Agreement unless reduced to writing and signed by all parties.

GOVERNING LAW
It is agreed that this Agreement shall be governed by, constructed, and enforced in accordance with the laws of the State of ____________________.

ATTORNEY’S FEES AND OTHER EXPENSES
In any legal actions brought in connection with this Agreement, the prevailing party(ies) will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor or the prevailing party(ies). For the purpose of this Section L “expenses” will include the following costs actually incurred by the prevailing party(ies): attorneys’ fees, retainers court costs, transcript costs, fees of experts, witness fess, travel expenses, duplication costs, printing and biding costs, telephone charges, postage, delivery service fees, and all other disbursements.

SEVERABILITY
If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provisions as may be possible and be legal and enforceable.

  This sale purchase agreement is between _________________ “Buyer” and ______________ “Seller” executed this _____________, 20____. Signatures acquired by facsimile or by mail shall be considered to be the same as an original. 


___________________________________              ________________________________________
 (Seller’s Signature)                                             (Buyer’s Signature)

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