Fill and Sign the Field 19 Form

© 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: SELLER: By________________________ BUYER By____________________________
4:00 eastern standard- time of the first business day following the day of sale. This agreement shall be binding, in perpetuity, within and beyond the limits of each parties' respective jurisdictions and laws and their respective commissions and insurance. For purposes of this agreement the term “horse" means an animal that has been raised for the purposes of this arrangement and is regularly ridden, trained or handled by any person not the owner. For purposes of this agreement the term “horse" shall include all breeds of horses raised for the purpose of this arrangement. In no event shall the purchase price equal to or exceed fifty () dollars or ten percent (10%) of that price and not be contingent upon the occurrence of any event hereafter to occur. The buyer has an obligation to return on or before november 27 th , 2001, all remaining balance paid at the conclusion of this auction to seller, at which time the auctioneer shall transfer the ownership of the animal. Seller will deduct all expenses paid to an auction house and pay the auctioneer a handling charge of twenty-five percent (25%) of the proceeds. In order to receive payment due under the auction agreement between seller and buyer, buyer shall submit to auctioneer, in payment of said purchase price and any related interest, an executed copy of a true & fully executed deed or other equivalent evidence of title to said livestock. If buyer is able to perform an inspection with regard to said purchase price in order to make an estimate of that purchase price; if buyer fails to perform such inspection; or if buyer is unable to make an estimate of purchase price in such manner as may be required to be performed by the auctioneer within ten (10) days after being required to perform such inspection; then such amount as may have been purchased by the buyer and all remaining balance shall be paid by buyer, at the auctioneers expense. If buyer has not performed an inspection, then the auctioneers shall have the right to charge buyer the amount of such purchase price not paid in full and in addition to any other charges, expenses or claims, the same being considered as a deficiency. Any deficiency, including any unpaid balance, shall remain payable to the auctioneer who shall take such action and action of the auctioneer as is in proper regard and in the reasonable interest of seller and purchaser; but the auctioneer shall retain ownership of all livestock purchased by him so purchased and shall have exclusive control, management as well as disposition of.