Buyer
shall have the Horse examined by a qualified equine
veterinarian satisfactory to both Buyer and Seller
within 14 days of the signing of the purchase agreement.
The sale shall be conditional upon the Horse's passing or
waiving of such exam. The cost of the examination and any
related services shall all be borne by the Buyer.
This exam shall take place either on-site at Carousel Farm
with the use of a mobile facility or at a Equine Clinic
with transportation provided by a bonded & qualified
service-provider satisfactory to both Buyer and Seller.
-
If the
Horse fails said exam, unless already done so by the
Buyer, Carousel Farm shall pay all costs of the
pre-purchase examination from the Buyer's deposit.
Carousel Farm shall return the balance thereof to the
Buyer. The parties shall be released from all further
obligations under this agreement and the agreement shall
be null and void; and all copies shall be returned to
Carousel Farm for cancellation.
-
If the
Horse passes said exam, the Buyer shall pay Carousel
Farm the balance due no later than 72 hours of parties'
notification that the Horse passed said exam.
-
Buyer
will pay a daily board rate $12.50, commencing after the
pre-purchase exam and the balance is paid.
Carousel
Farm represents and warrants that they have good title to
the Horse and full power to sell the Horse to the Buyer
free and clear of all encumbrances. Carousel Farm makes
no other representations of warranties whatsoever, express
or implied, with respect to the Horse; including, without
limitations, any express or implied warranties concerning
the physical condition, health, soundness or any
warranties of merchantability or fitness for any
particular purposed, all of which warranties are hereby
expressly excluded. Buyer shall accept delivery of the
Horse from Seller "as is".
All
times referred to herein for the
performance of any of the
obligations of this Agreement are
the essence. Should the Buyer fail
to perform on fulfilling any terms
or conditions of this Agreement,
Carousel Farm may retain the deposit
money paid by the Buyer on account
of the purchase as liquidation
damages, Carousel Farm shall be
released from all obligations
hereunder, and this Agreement shall
be null and void.
Delivery of the Horse shall be made
at Carousel Farm when full payment
has been received, at which time the
registration certificate for the
Horse shall be endorsed by Carousel
Farm to the Buyer.
