Sale and Purchase Agreement
Dated this Between day of _______________________________________________________________________________ _______________________________________________________________________________ (hereinafter called “The Vendor”) of the one part And _______________________________________________________________________________ _______________________________________________________________________________ (hereinafter called "The Purchaser") of the other part Horse Details: Name: _______________________________________________(hereinafter called "The Horse") Sex: ____________________________________________ Colour: _________________________________________ NZMHA Reg. Number: ___________ Date Foaled: _____/_____/_____
Distinguishing Marks: _______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Dam: ___________________________________________ Sire: ____________________________________________ Possession Date: _____ / _____ / _____ Sale Price: Deposit Paid: Balance Due: ______________ ______________ ______________ Date: _____ / _____ / _____ Date: _____ / _____ / _____ or Prior to Possession NZMHA Reg. Number: ___________ NZMHA Reg. Number: ___________
Veterinarian Pre-Purchase Examination Required: YES / NO This is to be done within one week of signing and is to be paid for by the VENDOR / PURCHASER Vendor agrees to supply details of any previous medical problems and vaccination records on hand for the veterinarian to read if required. A copy of these records is to be sent back with the pre-purchase certificate to the prospective purchaser. Signed on Behalf of the Vendor: Name: Signed on Behalf of the Purchaser: Name:
Continued overleaf…
08/2003
Contract Terms and Conditions 1. 2. 3. The Vendor undertakes that the Horse is their unconditional property; The Horse is registered with New Zealand Miniature Horse Association Inc. (NZMHA) and the Vendor undertakes that all registration requirements have been complied with up to the date of this agreement; The Purchaser undertakes to make all payments due under this agreement on the due date. If payment is not forthcoming within 14 days of due balance date the Vendor must notify the Purchaser in writing giving a further 7 days to complete settlement or the Purchaser will forfeit all moneys paid to the Vendor and property in the Horse shall not pass to the Purchaser; The Vendor undertakes to complete all New Zealand Miniature Horse Association Inc. registration and transfer formalities in accordance with this agreement within 30 days of the balance due being paid or date of possession (delete one); The parties to this agreement acknowledge that this is a civil contract and all laws pertaining to civil contracts apply including, but not limited to, the consumer Guarantees Act, the Fair Trading Act and contract law. Any breach of this contract may give rise to civil remedies. The parties acknowledge that The New Zealand Miniature Horse Association Inc. does not have jurisdiction to impose penalties for any breach of this contract; The Vendor shall be liable only for any defect or illness arising or observed during the period of 7 days immediately following possession that was not made known to the Purchaser prior to the date of purchase. If any such defect is observed, the Purchaser undertakes to present the horse to a veterinary surgeon of their choice who shall report accordingly to the Vendor. If in the opinion of the veterinary surgeon the defect or illness is such that the horse is not fit for the purpose intended, the contract may be avoided and upon return of the horse to the Vendor, a full refund of the purchase price will be made.
4. 5.
6.
Special conditions or undertaking (Include details of any endorsements or tick ) A) This colt/stallion to be gelded by _____
/ _____ / _____ or a further $_________________ is to be paid;
B) This filly/mare is not to be bred from before the actual age of _________________; C) This horse is sold “Pet Only” and is not to be shown; D) This horse is guaranteed to remain 34 / 38 (delete one) inches or under at the actual age of four (4) years. This height guarantee is non-transferable; E) This horse is sold with a non-transferable fertility guarantee. Note: Loss of fertility due to accident or illness is not covered under this guarantee; F) OTHER ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Signed on Behalf of the Vendor: Name: Signed on Behalf of the Purchaser: Name:
NOTE This document does not constitute a Notice of Transfer for the purposes of the NZMHA Registry rules. A separate transfer form must be completed and signed by both parties.
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