Mar. 30, 2012, 11:03 PM
I am sending my large pony out on trial tomorrow for 2 weeks. I have known the trainer for years and have sent horses to her barn for leases and have sold one to her. They are trying the pony for her own daughter. I trust her. However, I want a trial agreement for those first 2 weeks (and of course an agreement after the first 2 weeks should she opt to lease instead of buy the pony). Does anyone have a sample that I can use or know where I can find one?
Thanks in advance!
Mar. 30, 2012, 11:13 PM
This site has several forms you might find useful:
Mar. 30, 2012, 11:40 PM
Here is the trial/purchase contract we used. I left out the first few paragraphs that had identifying info of buyer, seller, agent and horse.
NOW THEREFORE, for and in consideration of covenants and undertakings herein set forth, and for other good and valuable consideration, which each party hereby acknowledges, it is agreed as follows:
1) Transportation. Buyer will pay all costs associated with shipping the Horse from _______Stables in ______, Florida to _________Stables in ___________, Virginia (the “Stable”). Should the Buyer decide to return the Horse, then the Buyer will pay return shipping to the Seller’s specified location, for an amount not to exceed the amount originally paid to ship the Horse from Florida to the Stable. Buyer and Seller’s Agent will agree in advance to the date and time of any shipping.
2) Trial Period. Buyer will have seven (7) days from when the Horse arrives at the Stable to try the Horse and complete the pre-purchase examination. At the end of seven (7) days, the Buyer will either purchase the Horse per the terms of this Agreement, or the Buyer will return the Horse to the Seller.
3) Purchase Transaction. Pursuant to section 2 herein.
a) Seller does hereby agree to sell, assign, and transfer the Horse, to the Buyer, for the full agreed to amount of xxxxx thousand dollars ($XX,000) (the “Purchase Price”).
b) Buyer agrees to pay xxxxx thousand dollars ($XX,000) on or before ________, 2012 and to pay the remaining xxxxx thousand dollars ($XX,000) on or before _________,2012.
c) Transfer of title of the Horse shall be conditioned upon, and effective as of the date of, receipt by Seller of funds in amount of the total Purchase Price.
d) Seller will pay the Agent a sales commission of ___% of the Purchase Price.
e) Insurance: The Horse will be covered by the Buyer’s insurance policy for an amount of at least xxxxx thousand dollars ($XX,000) named to the Seller as LOSS PAYEE. Should the Horse become incapacitated or be put down for any reason, the Seller shall not be liable for any compensation to the Buyer for any reason, and the Buyer shall not be liable for any compensation to the Seller for any reason. The Buyer understands that two veterinarians prior to the fact must examine the Horse if it should become necessary for the Horse to be destroyed. The Buyer must notify the Seller or Seller’s Agent immediately upon injury or sickness of the Horse.
4) Care and Responsibility: The Buyer understands, agrees and hereby acknowledges full acceptance of the responsibility for providing all costs associated with care, maintenance, and transportation expenses of the Horse during the Trial Period and until the Purchase Transaction is completed, if applicable. The Buyer shall use the Horse in a careful and proper manner and shall comply with any other laws, ordinances and regulations, including USEF regulations, in any way relating to the possession, medication, use, and/or maintenance of the Horse. Buyer will make best efforts to contact Seller or Seller’s Agent should Buyer feel that treatment is needed should the Horse become injured, ill, or incapacitated. Should Buyer be unable to consult the Seller or Seller’s Agent in such circumstances, Buyer is authorized to administer medications as needed, either prescribed or not in case of an emergency and Seller authorizes Buyer to contract for veterinary services, farrier services, or other such services, as needed to allow such services to be rendered in a timely manner.
5) Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, undertakings, and agreements relating to the subject matter hereof, whether oral or written.
6) No Assignment. Neither party may assign all or any portion of this Agreement.
7) Non-Waiver. Failure of either Buyer or Seller to enforce any term under this Agreement is NOT to be deemed as a waiver to this Agreement.
8) Governing Law. This agreement is written and is subject to the laws of the Commonwealth of Virginia. Any action taken concerning the construction, contents or effects of this Agreement must be brought in a Virginia Court of Competent Jurisdiction.
9) This contract will be binding upon the principles of this agreement and their heirs.
10) SELLER WARRANTS THAT THE HORSE DESCRIBED ABOVE IS FREE OF ALL LIENS AND ENCUMBRANCES. THE SELLER WARRANTS TO BE LAWFUL SELLER OR SELLER’S AGENT, OF THE HORSE DESCRIBED ABOVE AND HAS LEGAL RIGHT TO SELL THE SAME.
11) SELLER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE, SUITABILITY, SOUNDNESS, OR HEALTH OF THE HORSE. BUYER ACCEPTS THE HORSE “AS IS”. BUYER HAS HAD THE OPPORTUNITY TO HAVE A PRE-PURCHASE EXAM PERFORMED BY A VETERNARIAN AT BUYER’S OPTION AND EXPENSE.
IN WITNESS WHEREOF, each of the parties has executed this Agreement as of the day and year first above written.
Mar. 31, 2012, 10:05 AM
I'll email you my lease agreement later. :yes: At work today...