(1) SELLER warrants s/he has clear title to said horse;
(2) SELLER makes no other warranties, express or implied, including
the warranties of fitness for a partic ular purpose except as may be
otherwise provided for in this AGREEMENT;
(3) SELLER warrants the following:
(4) BUYER warrants that BUYER has had the option to review the
condition and health of the horse, including any veterinarian examinations,
at BUYER’s expense. In the event BUYER has the horse examined by a
licensed veterinaria n as indicated in this paragrap h E(4), then that
veterinari an examination shall be attac hed hereto as Exhibit A.
(5) In the event said horse shall not meet any of th e above warranties
at the time of delivery, provided same is discovered within ____ ________ _
days from the date of delivery to BUYER, SELLER agrees to do the
F. Risk of Loss
(1) Pending delivery to Buyer, which delivery shall be memori alized by
BUYER’s signature on a receipt for delivery, SELLER shall assume the risk
of loss of said horse, and upon receipte d delivery to BUYER, BUYER shall
assume the risk of loss.
(2) In the event of the loss of the horse prior to re ceipted delivery
to BUYER, SELLER shall return to BUYER any deposit paid by BUYER.
G. Default - Upon material breach of this AGREEMENT by one party the
other party shall have the option to terminate same.
On any breach, the other party shall have the right to recover expenses
and costs within the parameter s of paragraph I, below.
This AGREEMENT shall be governed by the laws of the State of