3. BILL OF SALE
The Vendor hereby transfers to the Purchaser all right, title and interest in the horse free of all encumbrances in accordance with the laws of NSW and subject to the terms of this Agreement.
4. PURCHASE PRICE
The Purchaser must pay the Vendor the total purchase price, including gst for the above- described horse (“Purchase Price”). The monetary portion of the Purchase Price is payable in the form of cash, direct deposit, electronic transfer or bank cheque to Winterwood investments PTY LTD within 3 days of the date of the sale listed below, unless a Payment Plan has been agreed with the Vendor in writing. If a Payment Plan has been agreed, the terms and conditions contained in that document form part of this Agreement.
5. WARRANTY OF PEDIGREE AND REGISTRATION
The Vendor warrants the description, pedigree and registration of the horse stated above.
6. NAMING RIGHTS
Any stud prefix must remain with the horse for the lifetime of the horse. A change of name is permitted providing the prefix “WINTERWOOD” accompanies the new name.
7. EXPRESS WARRANTIES
The horse sells ‘as is’ with no warranties or representations whatsoever regarding fitness or performance. The purchaser has undertaken all necessary due diligence to satisfy themselves that the horse is suitable for the purpose for which it is being purchased. Upon receipt of full payment for the horse, all risk of injury, illness and death of the horse pass to the purchaser, against which the purchaser may wish to insure the horse.
8. PRE-PURCHASE EXAM
The vendor has offered the purchaser the opportunity to have the horse examined by a veterinarian in exchange for any warranties regarding the horse’s health and soundness.
9. INJURY LIABILITY
The Purchaser understands that horses, horseback riding and equestrian activities in
general carry inherent risks of injury, damage or death, and that purchase of the horse herein includes these risks. The Purchaser knowingly assumes the risks, known and unknown, of all activities on and around the horse from this time forth. The Purchaser acknowledges that this horse is young, inexperienced, energetic and green.
10. OTHER PURCHASER ACKNOWLEDGEMENTS
The Purchaser acknowledges that they have had the opportunity to obtain veterinary
inspection of the horse, and the decision to purchase the horse has been based on their own research, knowledge and desire. The Purchaser understands that proper care, training, management and feeding is required for the horse to be physically and mentally fit to perform any particular purpose, and the Purchaser is responsible for this care, training, management and feeding.
11. RISK OF LOSS
The Purchaser accepts the horse by signing this contract and the risk of loss, risk in
ownership of, and title in, the horse passes immediately. The Purchaser is responsible for all expenses in relation to the horse, including veterinary and transportation expenses from the date of this contract.
12. APPLICABLE LAW
This Agreement shall be construed and governed by the laws of NSW, in the
Commonwealth of Australia. At the option of the Vendor, jurisdiction and venue for any dispute arising under or in relation to this contract shall be only in the country and state identified above. In the event a lawsuit is brought forth with respect of breach of contract by the Purchaser, and the Vendor engages legal representation, the Vendor shall be entitled to collect its legal fees incurred from the Purchaser on an indemnity basis.
13. ENTIRE AGREEMENT AND SEVERABILITY
This Agreement contains the entire understanding of the parties concerning its subject matter; there are no additional oral or written promises or representations, warranties, guarantees or other terms whether express or implied upon which the Purchaser is relying except as expressly set forth herein. This Agreement may not be modified or amended except by instrument in writing signed by all parties to this Agreement. The provisions of this Agreement will be separate and severable from each other to the extent that if any provision or provisions are inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.
14. NO WAIVER
This Agreement contains the entire understanding of the parties concerning its subject matter; there are no additional oral or written promises or representations, warranties, guarantees or other terms whether express or implied upon which the Purchaser is relying except as expressly set forth herein.
15. COSTS
Each party must pay its own costs (including legal fees and accountant or other consultant fees) in relation to the negotiation, preparation and execution of this Agreement.
16. ADDITIONAL DETAILS
The following additional provisions form part of this Agreement: The horse (or foal) will remain with its mother at Winterwood until such time as it has been weaned and halter trained, or under saddle as pre-arranged. 16.a Foals are usually weaned at around 6-7 months of age and is included in the purchase price. General care and feeding costs will be the responsibility of the Vendor. Any veterinary costs incurred from the time of purchase will be the responsibility of the Purchaser.16.b The 'Horse' will remain with us at Winterwood to be started under saddle. Sale price includes feed and training (approx. 4 months of training)
After the training period ceases, assistance and training are charged at $550 ( INC GST) per week.
17. PURCHASER ACKNOWLEDGEMENT
By proceeding with the Purchase, you acknowledge that you have read and understood the Terms and Conditions above and agree to all aspects of this sale.