Fill and Sign the Contract of Sale for Unborn Foal Form

Contract of Sale for Unborn Foal Agreement made on the _______________________________________ (date) between _____________________________________________ (Name of Seller) of ________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Seller and ____________________________________________ (Name of Buyer) of _____________________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Buyer. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Sale of Foal Seller agrees to sell and Buyer agrees to buy the foal (hereinafter called Foal) presently being carried by that certain mare by the name of ______________________________________ (name of mare) , hereinafter called Mare, owned by Seller and presently located at ___________ ______________________________________________________________________________ ___________________________________________________________ (address or location). 2. Warranty Seller warrants that he is the owner of and has good and lawful authority to sell the Foal. 3. Sales Price The sales price is $___________payable in cash on or before ______ (number) days after the birth of the Foal. Said sum shall not be paid if the Foal dies before ______ (number) days after the birth of the Foal. 4. Inspection Buyer acknowledges that her designated veterinarian has examined the Mare and that Buyer is satisfied that both the Mare and Foal are in a healthy and sound condition. 5. Bill of Sale By this instrument, Seller sells, assigns, and conveys to Buyer all of his rights, title and interest in and to the Foal. 6. No Implied Warranties Seller makes no warranty as to the present condition of the Foal and disclaims any implied warranty of fitness for a particular purpose or merchantability of the Foal. When Buyer accepts the Foal on or before _______ (number) days after the birth of the Foal, Buyer shall be deemed to have accepted the Foal in its as is and present condition. Seller has made no warranty as to the condition of the Foal nor any implied warranty of fitness for a particular purpose or merchantability. 7. No Liability by Seller for Incidental or Consequential Damages In no event shall Seller be liable for incidental or consequential damages nor shall Seller's liability for any claims or damage arising out of or connected with this Agreement exceed the purchase price of the Foal. 8. Mandatory Arbitration A ny dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _________________________________. 10. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 11. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party. WITNESS our signatures as of the day and date first above stated. _______________________________________ ____________________________________ (Name of Seller) (Name of Buyer)