TERMS AND CONDITIONS OF SALE

1.) In consideration of the sum of £…………………. the Seller agrees to sell and the Purchaser agrees to purchase the Horse.

2.) The Purchaser shall have until ……………………….to pay the Purchase Price to the Seller by arranging for payment to be made to the Seller by Cash payment or Bank Transfer cleared funds to the following account.

  • Barclays Bank. Branch: Pontefract

  • Account Name: Aquila Sport Horses Limited

  • Sort Code: 20-89-68

  • Account No: 23298523

i.  Please include your name in the details of the payment. Without these details ASH cannot confirm receipt of the

funds.

ii. Please confirm the date and amount of your payment by either email to info@aquilasporthorses.com or call or text message to 07836551227

3.) Upon the Seller’s receipt of the Purchase Price (as cleared funds):-

i.  The ownership of the Horse shall pass from the Seller to the Purchaser. The Seller strongly recommends that the Purchaser adequately insures the Horse (preferably covering third party liability, death, theft, veterinary fees and loss of use) prior to or immediately upon payment of the Purchase Price;

ii. Risk of death, loss or injury to the Horse shall pass to the Purchaser, for which reason the Seller recommends the Purchaser immediately insures the Horse upon or prior to paying the Purchase Price to the Seller;

iii.  Responsibility for any loss, damage or injury howsoever caused by the Horse shall pass to the Purchaser;

iv. The Seller will release possession of the Horse with all original documents where available. 

4.) The purchaser in agreement with the seller will arrange transport for the horse at the sellers convenience and at the purchases expense unless otherwise agreed.

5.) Where the Horse is not collected immediately upon ownership passing from the seller to the purchase. The purchaser agrees to indemnify the seller against all costs incurred in caring for the horse. (costs of keep, veterinary costs, farrier, etc) until the Horse us collected, loss damage or injury however caused whilst the horse is at the sellers premises collection by the purchaser shall be the purchasers responsibility.  

6.) The Seller represents and warrants that:- The Seller has complete free, clear and sole ownership of the Horse and no third party has any rights whatsoever with respect to the Horse.

7.) The Purchaser acknowledges that: The Seller makes no representation as to the past, current or future health, fitness, performance or ability of the Horse. The Purchaser has inspected the Horse and is satisfied with its health, fitness and ability. The Purchaser acknowledges that the Horse is open to veterinary inspection, which the Purchaser may instruct a vet to perform at his discretion. In accepting or declining the opportunity to have the Horse inspected by a vet, the Purchaser waives all rights to bring a claim against the Seller in respect of any matter revealed or which should have been revealed by the vet during that inspection. Horses can be unpredictable flight animals and sometimes inherently dangerous. Their temperament can change according to care, management and rider ability.

8.) The Horse is purchased for the purposes of: showing / dressage / show jumping / eventing / breeding / hacking/ riding club/ general riding / companion other (please specify) ……………………………………………………………………………………………………….

9.) The Purchaser is satisfied that the Horse is suitable for its intended purpose.

10.) The Purchaser accepts that horses are unpredictable by nature and that horse riding is a risk sport. The Seller is unable to predict how any horse will mature or develop in new ownership however the Seller will provide full details of the Horse’s routine and current exercise/feed/tack requirements in order that the Horse has the best opportunity of settling into his new home.

11.) Horses are sold with a 14 day exchange warranty. The start date of the warranty is the date the funds are transferred or the date of the receipt of bank transfer /cheque(s)/cash or the date the horse is collected, whichever is the sooner. The exchange period does not act as a trial and the Horses must be tested at Aquila’s premises as many separate times as needed. We can only accept horses back where there is a genuine reason for exchange.

12.) If the purchaser wishes to return the horse within the 14 days warranty period:

i.ASH agrees to exchange the Horse. 

ii. If the purchaser wishes to buy a horse of greater value themselves they can use the original Horse as part payment.

iii.If the purchaser does not like anything in stock, ASH will endeavour to get a replacement soon as possible, horses who come back before an exchange takes place will go on to livery and will incur costs.

iv. New horses can arrive each month, this may includes a trip abroad. The purchaser agrees to be patient during this time. Whilst every effort will be made to satisfy the purchaser’s requirements quickly, it is not always possible to find the perfect match in each case.

v.  If the purchaser changes their mind about exchanging the horse it will go onto a sales livery agreement.

13.) If the purchaser wishes ASH to take the Horse back to sell on their behalf, ASH will charge:

i.          20% of the sale price.

ii.         Livery at £120 per week.

iii.        If separate sales advertising is required, the costs will be charged to the Purchaser.

iv.        If the farrier or the vet is required, the costs will be charged to the purchaser.

14.) The following conditions apply to the exchange warranty:

i.  The Horse must be returned in the same condition as it was in when it left the premises.
ii. The Horse must not be injured or blemished in any way.
iii. The Horse must not be altered in any of the following ways:
iv.  It must not have its tail pulled or cut.
v.   It must not have its mane hogged, cut or pulled to a length shorter than four inches (10cm).
vi.  It must not be shaved on its legs.
vii.  It must not be freezemarked or have ID brands on its feet or a replacement microchip inserted.
viii. It must be returned with it’s shoes in the same condition as when it left.
ix.   ASH reserve the right to have a veterinary surgeon inspect the Horse on its return.
x.    The horses passport change of ownership must not of occurred.

15.) English law is exclusively applicable to this Agreement. The English Courts have exclusive jurisdiction over any dispute.

 

Aquila Sport Horses Ltd

Grove Hall, Great North Road, Knottingley, West Yorkshire. WF11 0AD

Mobile: 07836551227

E-Mail: info@aquilasporthorses.com

©2020 Aquila Sport Horses