This Equine Purchase Agreement (the “Agreement”) is made as of , (the “Effective Date”), by and among , having its place of business located at , , having its place of business located at , and Nexus Polo, LLC, a Florida limited liability company, having its principal place of business located at (the “Agent”) (collectively referred to herein as the “Parties”).
Upon Owner’s receipt of the full Purchase Price from Purchaser, the Agent shall deliver a Bill of Sale to the Purchaser.
Purchaser shall assume all risk of loss or injury to the Horse upon Owner’s receipt of the full Purchase Price.
3.1 Owner is the sole owner of the Horse and has the legal right to sell and transfer title.
3.2 OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE HORSE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT THE PURCHASE IS MADE “AS IS/WHERE IS” WITH ALL MENTAL AND PHYSICAL FAULTS AND DEFECTS.
3.3 There are no liens or encumbrances on the Horse.
4.1 Purchaser or their duly authorized agent has personally inspected the Horse and found it suitable.
4.2 Purchaser warrants that a pre-purchase examination (“PPE”) by a veterinarian of their choosing has been conducted, and the results were satisfactory. If the Purchaser fails to conduct a PPE, they agree to waive all rights or remedies relating to the Horse’s soundness or suitability.
4.3 Upon transfer of possession (as described in Section 3), the Purchaser assumes full responsibility and releases the Owner and Agent from all liability relating to transportation, care, injury, or accidents involving the Horse.
4.4 Purchaser agrees to be responsible for all expenses and bills incurred after possession is transferred.
The Parties agree that no representations or warranties concerning the Horse are implied or inferred beyond those expressly stated in this Agreement.
The Parties acknowledge that Nexus Polo LLC is the Agent for this transaction. The Owner and the Purchaser shall each pay a 7% commission to the Agent based on the Purchase Price. The total commission is due upon closing and before the Horse is delivered. Upon receipt of the Purchase Price, Nexus Polo LLC will pay the Owner the Purchase Price less the 7% commission.
The Parties acknowledge that the Agent represents both the Owner and the Purchaser in this transaction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Any disputes shall be settled by binding arbitration in West Palm Beach, Florida, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Judgment may be entered in any court with jurisdiction.
In the event of arbitration or enforcement of this Agreement, the prevailing party shall recover reasonable attorneys’ fees, costs, and expenses, including those incurred in collecting any awarded judgment.
Neither Party may assign this Agreement without the prior written consent of the other Party.
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, oral or written, related to the subject matter herein.
No modification or waiver of this Agreement shall be valid unless in writing and signed by all Parties. Failure to enforce any term shall not be construed as a waiver of future enforcement.
This Agreement may be executed in counterparts, each of which is deemed an original, and all together shall constitute one agreement.
Owner is responsible for taxes, quarantine costs, and requirements for international transfer. Horses purchased internationally remain in the Owner’s possession until released from U.S. quarantine. At that point, ownership transfers to the Purchaser. Horses will be released with a Coggins test, health certificate, and shipping details to the final destination.
