Fill and Sign the Chapter 3a Utah Revised Uniform Limited Liability Company Act Part

© 2000 Cottonwood Equestrian Publications BILL OF SALE WITHOUT WARRANTIES WITNESS THIS AGREEMENT this ______ day of _______________, 20____, by and between ________________, hereinafter referred to as "Seller" and __________________________________, hereinafter referred to as "Buyer." For and in consideration of the sum of $_________________, Seller agrees to sell and Buyer agrees to buy _________________ _____________________________, a ____________ horse, free and clear of all encumbrances. BUYER UNDERSTANDS THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SAID ANIMAL AS ABOVE-DESCRIBED AND THAT SAID ANIMAL IS BEING SOLD IN AN “AS-IS” OR “WITH-ALL-FAULTS” CONDITION. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT BUYER HAS THE RIGHT TO HAVE A PRE-PURCHASE EXAMINATION PERFORMED BY THE VETERINARIAN OF HIS OR HER CHOICE AT HIS OR HER EXPENSE PRIOR TO EXECUTION OF THIS AGREEMENT. IN THE EVENT BUYER ELECTS NOT TO HAVE A VETERINARIAN PERFORM A PRE-PURCHASE EXAMINATION OF SAID HORSE AS ABOVE-DESCRIBED, BUYER WAIVES ANY AND ALL RIGHTS, CLAIMS OR CAUSES OF ACTION AGAINST SELLER FOR ANY PATENT OR LATENT DEFECTS PERTAINING TO THE ANIMAL AS ABOVE-DESCRIBED. The parties acknowledge that all dealing between them with regard to representations, conditions of sale and terms of payment are hereby merged with the terms of this agreement. The purchase price as above-stated is due under the following conditions:
1. Buyer must produce and sign a written statement, before a veterinarian, of any known defects of said animal as above-described prior to transfer. A copy to: the owner of said horse(s), shail, inc., 1125-a woodlawn circle, houston, texas, 77233 or the buyer's agent and seller shall be on file with the hospital. 2. The horse must have been an in-strung horse at the time of sale. This purchase does not include any unclaimed or unfunded purchases due by this date. 3. All of the above-described defects including, but not limited to, deformities, abnormalities, birth defects, and injuries will have been identified and/or diagnosed to the satisfaction of Dr. Fass and the veterinarian of choice. The purchaser will be advised directly if the described defect is not being rectified to the satisfaction of the purchasing veterinarian. 4. The purchaser must have a veterinarian licensed in this state who will perform a pre-purchase examination of the animal. This examination shall be conducted by: the owning veterinarian, shail, inc., 1125-a woodlawn circle, houston, texas, 77233 if the veterinarian performing the pre-purchase examination determines that the horse cannot be sold under the terms of this agreement, said veterinary examination will be completed for said animal, unless a specific veterinary exception is made by the purchaser of said animal. If the veterinarian indicates that he or she cannot perform the pre-purchase examination, the purchaser will be advised by the veterinarian of choice whether to exercise the alternative procedures. If said purchaser declines to exercise the alternative procedures, the purchaser's deposit will be refunded. Seller authorizes and demands that as far as it is possible be allowed to pay any or all of the medical bills with the purchase price of the horse, with no delay in payment of said medical bills. If the purchaser of the horse elects to pay the medical bills directly from the funds of the purchaser, he or she shall have the right to withhold any and all money of the purchaser from payment to Dr. Fass and the veterinarian of choice. This refund for delayed release of medical bills by purchaser of the horse is limited to not more than 1000 per horse, except any medical bills for emergency surgeries. This refund is in no manner contingent upon the payment to.