Stag Creek Farm Sales Contract

This contract is by and between Stag Creek Farm (hereinafter referred to as Seller) and ___________________________ (hereinafter referred to as Buyer).
This contract is binding and all parts of this contract are in agreement to both parties hereto.

Sale of Horse
1.Seller agrees to sell ___________________________ ,Purebred American Bashkir Curly Horse(hereinafter referred to as Horse), ABC # _______to _________________________________________(Buyer).
2. Buyer understands that the Horse has been living in a natural herd environment and may have various scrapes or scars caused by other horses or from just living in a wooded and open pasture land.
3. The Buyer agrees to purchase the Horse at the training level indicated by the set price, and will not require Seller to offer more training to the horse except in the case that an additional fee is paid to Seller for either amateur or professional training. The fee is to be paid in advance of the training, but specified results can not be guaranteed.

Purchase Price
4.The Buyer agrees to pay for the Horse for the price of $__________USD, paid as follows: a) non-refundable deposit of $________ within 10 days of agreement to purchase said Horse and b)the remainder of the purchase price - $_________- paid by cash, certified check or money order.
5. The total amount of this contract will be paid in full by Buyer to Seller prior to the horse leaving the Seller’s property
6. Transportation arrangements for Horse shall be made by Buyer and Horse shall be transported from Seller’s property within 30 days of agreement to purchase said Horse. If transportation does not occur within 30 days of agreement, Buyer agrees to pay boarding fees to Seller at the rate of $200. per month plus any veterinarian expenses incurred until time of transport. These fees will be paid prior to the month for which they will cover, or in the case of veterinarian care, as they occur.
7. Should Buyer default on paying for the Horse in full before transportation date, Seller will refuse delivery of Horse and Purchaser will forfeit down payment of $_________.

Pick Up of Horse
8. The Horse is at present located at 2500 CR 116, Comanche, Texas which will be the place for pick up of the Horse. The Seller agrees to provide the facilities to load the Horse on a trailer furnished by the Buyer.
9. All transportation costs are the responsibility of the Buyer.
10. If the Horse being purchased is not halter broken, it is the responsibility of the Buyer to inform any transport company used of this information. If Buyer does not inform the transport company of this information, and the transport company refuses to transport Horse, the Seller will not be responsible for any monies paid to transport company by the Buyer. If Buyer then needs to make additional transportation arrangements, any additional fees associated with the extended care of the Horse will then become the responsibility of the Buyer.
11. If Seller will be transporting the Horse, the agreed upon transport fee will be paid by Buyer to Seller before the Horse leaves Seller’s property. Any insurance desired by Buyer for Horse during transport will be the responsibility of the Buyer.
12. The cost of certified current negative Coggins and all necessary health papers required for purchase, transporting and exporting are the responsibility of the Buyer
. 13. Any vet inspections, pre-purchase exams, or vaccinations, whether required by law or desired by the Buyer, are the responsibility of and will be paid for in advance of occurence by the Buyer.
14. Seller is not responsible for any injuries or illness that the Horse incurs during transportation to Buyer, even if Seller is transporting the Horse. If Seller is the transporter, Seller agrees to take every precaution necessary and provide plenty of feed and water to Horse during transport as if the Horse were still Sellers own property.

Risk of Loss or Injury
15. The risk of loss or injury from any casualty to the Horse, regardless of the cause, will be on the Seller until Horse leaves Seller’s property. The only exception being if the Horse is not transported from Seller’s property within 30 days of agreement to purchase. (See clause 6.)
16. The Seller will provide care for the Horse in the same fashion and at the same effort as for the Sellers own horses, including routine care and veterinarian care if necessary, within the 30 days of agreement to purchase. After that date, the same care will be provided by Seller, but at Buyers expense. (Clause 6.)
17. If for any reason, the Horse becomes unfit for sale before final sales date, Seller will refund appropriate down payment to Buyer - minus any fees incurred by Seller or previously paid by Buyer for Coggin’s tests, health papers for transport/export, or for any vaccinations administered that were required by law or desired by Buyer.

Warranties
18. The Seller warrants that (1) the Seller is the legal owner of the Horse; (2) the Horse is free from all liens and encumbrances; (3) the Seller has the right to sell the Horse; and(4) the Seller will warrant and defend the title of the Horse against any and all claims and demands of all persons.
19. The Horse sells 'as is', with no warranties or representations whatsoever regarding future fitness and performance.
20. The Seller warrants that the Horse is now free and at the time of delivery will be free from any security interest or other lien or encumbrance, except the security interest created in this Agreement until the Seller is paid in full.
21. In exchange for any warranties, Seller has offered Purchaser the opportunity to have the Horse examined.
22. EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WARRANTY (WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE SELLER REGARDING THE HORSE.

Registration and Transfer
23.Cost of ABC registration papers and DNA verification (currently $90.) will be the responsibility of the Seller.
24. Cost of Transfer of Ownership (currently $35.) will be the responsibility of the Buyer if sale price of Horse is less than $1000.
25. Registration papers will remain with the Seller until transport of the Horse to Buyer. They will be given to Buyer or Buyer’s transport company at time of pick up of Horse.

As evidenced by the signature below, I have read and fully understand the terms and conditions contained in this sales agreement.

Signature of Buyer :

___________________________________Date :_______________

Signature of Seller :

___________________________________Date: _______________