This agreement is made on _______________ , between Buyer and Seller:
SECTION ONE.
I. EXCHANGE
Seller agrees to transfer to Buyer one (1) coming weanling, (foal name) _______________ , AQHA registerable DOB _________________ , hereinafter shall be referred to as “horse” in good condition, sound, and “as is” at the time the contract was entered.
SECTION TWO.
II. CONSIDERATION
l Seller shall be paid $__________ for the horse, with Buyer putting down 1/3 of the total purchase price upon signing of this contract. Buyer will be giving Seller $________________ as a deposit towards the purchase, balance due and owing upon pick-up at weaning. Horse has been running with the herd and will be halter broke for one (1) week. Horse will be weaned for a minimum of two (2) weeks upon pick-up. Horse will been given dewormer a week prior to pick-up. Horse hasn’t been given any other inoculations. Horse is priced as a “project” horse and being sold “AS-IS.” Buyer has been out and interacted with the Horse previously, seen pictures, and evaluated the horse to Buyer’s satisfaction. Buyer is responsible for picking-up the horse at Seller’s location. Buyer is responsible for all costs associated with transfer of the horse, 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 horse. An AQHA Registration application and AQHA transfer for the foal will be given to Buyer when the horse is paid in full. Buyer agrees that the registered name of the horse will start with and remain “KT” so that Seller can identify all foals from Seller’s breeding program. If Seller has already registered the horse, but in the event that the Buyer moves to change the registered name with AQHA, Buyer will continue to use “KT” at the beginning of the name. Buyer is responsible for getting the horse transferred into Buyer’s name. Buyer is responsible for any testing Buyer wants, but if Horse is with the Seller, Seller will pull hair once provided the test kit and send said testing off for Buyer. Seller will work with Buyer to safely and effectively ship the horse, but Buyer is responsible for all shipping arrangements and cost. Seller will use Seller’s discretion on the safest and most effective time to ship the horse and consult with Buyer.
This horses is not broke to ride and is being sold “AS-IS” only. This horse 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 horse for Buyer’s intended purpose and believes that the horse meets said purposes. Buyer has inspected the foal and gathered information needed to conclude that the foal is what Buyer wants to purchase.
SECTION THREE.
RISK OF LOSS
Buyer shall assume all risk of damage to the horse. In the event of death, unsoundness, or any loss while the horse is in Seller’s possession, deposit is either forfeited or may be transferred to another horse. Once the horse leaves the Seller’s possession Buyer is responsible for all risk of loss and responsible to pay all funds due and owing, even in the event of loss.
SECTION FOUR.
DEFAULT
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, the Buyer will be considered in default. Seller may retain all funds paid in the event of Buyer’s default.
SECTION FIVE
ENTIRE AGREEMENT
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.
Buyer Name:
Address:
Phone:
By as Agent for KT Ranch- Seller
2750 Hendricks Rd
Connell, WA 99326