This agreement is made on _________________________, 202__, between Buyer and Seller:
Seller agrees to transfer to Buyer one (1) foal, AQHA registered pending foal, KT __________________________ is a 202__ foal, hereinafter shall be referred to as “foal” in good condition, sound, and “as is” at the time the contract was entered.
Seller shall be paid $________________for the foal, with a deposit at the time of signing the contract of 1/3 of the total purchase price, equaling $__________________, with any balance due and owing paid at pick-up. Foal will be weaned between September 1, 202__ and December 1, 202__. Buyer will let Seller know when Buyer wants to take possession of the foal. Seller will then advise Buyer if Seller can have the foal weaned and ready to transport. Seller will wean the foal for two (2) weeks prior to Buyer taking possession/pick up of the foal, which the timing of said weaning will be at the discretion of the Seller, taking into consideration when Buyer wants to take possession of the foal. Seller will halter the foal for one (1) week prior to Buyer taking possession of the foal, but Seller does not consider the foal halter broke. Buyer is responsible for picking-up the foal after the two (2) week weaning period and will be responsible for any costs associated with Seller keeping the foal after the foal has been weaned for two (2) weeks. Seller will get the foal on feed and ready for transport to Buyer. Buyer is responsible for all costs associated with transfer of the foal, including any brand inspection, vet check, or any other service required by Buyer’s state/country or property prior to obtaining possession of the foal. Buyer is responsible for obtaining all information on what is required upon transfer. Buyer must pay for any documentation required to transfer the foal. Seller will work with Buyer to take the foal to the local vet to obtain those documents but is not liable for the cost. Registration and transfer for the the foal will be given to Buyer when the foal leaves the Seller’s property. Buyer agrees that the registered name of the foal will start with “KT” so that Seller can identify all foals from Seller’s breeding program. Seller will work with Buyer to safely and effectively ship the foal.
This foal is not broke to ride and is being sold “AS-IS” only. This foal will have had a halter on and been worked with for approximately seven days and will not be considered “halter broke” but will be considered ready to ship. Buyer has evaluated the foal for Buyer’s intended purpose and believes that the foal meets said purposes. Buyer has inspected the foal and gathered information needed to conclude that the foal is what Buyer wants to purchase.
RISK OF LOSS
Buyer shall assume all risk of damage to the foal. In the event of death or any loss, deposit is either forfeited or may be transferred to another foal, and remainder is only due if Buyer has taken possession of the foal.
In the event that either party defaults on any of the obligations of this contract all legal action will be brought in Pasco, Franklin County, Washington. Any and all disputes shall be settled by arbitration following the rules of the American Arbitration Association. The prevailing party may seek fees and costs. If Buyer fails to pick-up the foal within 30 days after the foal is ready for pick-up, which has been defined as two (2) weeks after weaning, the Buyer will be considered in default.
It is mutually agreed by and between the parties to this contract with respect to the execution of the agreements herein contained that time shall be of the essence and that the provisions and agreements of this contract shall bind the heirs, legal representatives, successors, and assignees of the respective parties to this contract.
This agreement constitutes the entire contract between the parties hereto, there are no undertakings, representations, or warranties, oral or written, relating to the subject matter hereof, and none of the parties has relied upon any verbal representation, agreement, or undertaking not set forth herein, whether made by an agent or party hereto. This agreement may not be changed, modified, or amended in whole or in part, excepting in writing signed by all of the parties hereto.