Referred to in this agreement as "The Horse".
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 McDowells Herbal 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 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 agrees to the following: a) The Purchaser waives, discharges and releases the Vendor from any claim that may now or hereinafter arise from any injury including, but not limited to physical injury, death, mental or emotional injury and property damage arising from, related to, based upon, or in any way caused or attributable to the horse. b) The Purchaser agrees that the Vendor has been honest in representing the horse to the best of the Vendor’s knowledge. The Purchaser acknowledges that this horse is young, inexperienced, energetic and green and may pose a danger to itself, the Purchaser and other individuals working with and around the horse. The Purchaser assumes all responsibility for the horse’s actions from this time forth, releasing and indemnifying the Vendor from all liability and any claims by third parties against the Vendor in relation to the horse.
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 in order 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 considered to be 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 (foal) will remain with its mother at Winterwood until such time as it has been weaned and halter trained. This usually occurs 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.
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