____________________________________________,
hereinafter referred to as "BUYER"
and Ruthie Harbison,
hereinafter referred to as "SELLER".
This agreement is entered into between BUYER and SELLER
for the purchase and sale of the horse described below
and on the following terms and conditions of sale.
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Name:
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______________________________________________________
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Age:
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______________________________________________________
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Sex:
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______________________________________________________
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Height:
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______________________________________________________
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Breed:
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______________________________________________________
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Color:
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______________________________________________________
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In consideration of the total sum of
$ ________________________________________________
USD (write using digits)
$ ________________________________________________
USD (write using letters)
SELLER agrees to sell BUYER the horse described herein and BUYER agrees
to buy said horse on the terms set forth herein.
This purchase is for cash and BUYER agrees to the following terms of sale:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
The CONTINGENCIES are as follows:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Should the BUYER fail to make said payment(s) in full on the due date,
SELLER shall have the right of her option to declare this contract null and void,
repossess the horse, and retain any deposit as partial damages.
SELLER warrants that she has clear title to said horse.
SELLER makes no other representations, warranties, or guarentees of any kind,
express or implied,
including, but not limited to any warranty as to the soundness,
fitness for a particular purpose or of merchantability,
nor is any opinion given as to the suitability of said horse
for any person or competition,
and specifically denies the same.
SELLER and BUYER agree that SELLER, if BUYER so chooses,
has or will make said horse available for reasonable veterinary
and other professional examination by BUYER and/or agents
of BUYER's choosing before sale is finalized.
BUYER warrants that he/she is not relying
on the SELLER's, Ruthie Harbison's (RH)
or any agents or representatives of SELLER,
or Ruthie Harbison's skill, judgement, or expertise
in the selection of said horse and takes the horse in "AS IS" condition.
BUYER agrees that BUYER and/or BUYER's representative or agent has
examined and/or ridden said horse to BUYER's complete satisfaction.
BUYER hereby acknowledges that equine activities,
including the ownership, care, use, training, and riding of a horse
are inherently difficult and dangerous
and involve substantial risk both to individuals,
their property, and their animals, including, but not limited to:
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The propensity of equines to behave in dangerous ways
which may result in injury.
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The inability to predict an equine's reaction
to sounds, movements, objects, persons, or animals.
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The inability to predict an equine's reaction
to hazards of surface or subsurface conditions,
both known and unknown.
BUYER hereby releases SELLER, and any agents or representatives of SELLER,
from any and all liability, direct or indirect, associated with maintenance,
care, use, training, riding, or relating in any way to the acts of said horse
and agrees to indemnify and hold harmless,
SELLER from any claims arising therefrom.
After vetting, if any, but prior to shipping,
SELLER shall have the duty to provide reasonable care of said horse including,
but not limited to, the usual feed, exercise,
and other maintenance that is customarily provided by SELLER
at a cost of
$__________________________ USD per day to BUYER.
SELLER is authorized to provide reasonable veterinary and farrier care
at BUYER's cost and BUYER agrees to indemnify SELLER for such costs.
Shipping is to be the responsibility of the BUYER.
SELLER will send the horse in shipping gear, at the cost of BUYER,
if so directed by BUYER.
Upon payment in full,
it is the BUYER's responsibility to transfer all registration
and ownership of said horse,
and to be responsible for all applicable fees therein.
After vetting and the satisfaction of any other contingencies stated herein,
BUYER shall assume the risk of loss as new owner
while the horse is in the care of SELLER,
as well as during shipment.
The parties agree that this writing represents the entire agreement
between them and that no other representations of any kind,
either oral or written, have been made regarding said horse.
The parties furthur agree that no change in this contract
shall be binding on either of them
without the written modifications signed by both parties.
The terms of this agreement and disputes arising thereunder shall be construed
and enforced in accordance with the laws of the Commonwealth of Florida.
In the event BUYER breaches this contract
or SELLER takes legal action against BUYER,
SELLER shall have the right to recover from BUYER
all reasonable attorney's fees,
court costs, and associated expenses incurred
in the enforcement of this agreeement.
In addition, should BUYER fail to make any timely payments as specified,
interest shall accrue at a rate of 1.5% per month.
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BUYER:
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Name:
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_______________________________________________________
(Print)
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_______________________________________________________
(Signiture)
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Address:
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_________________________________________________________________
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_________________________________________________________________
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_________________________________________________________________
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_________________________________________________________________
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Phone:
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_________________________________________________________________
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SELLER:
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Ruthie Harbison
15445 51st Drive
Wellborn, Florida 32094
386-963-1367
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_________________________________________________________________
(Signiture)
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