Katherine Leak (the “ Vendor ”) agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the
Vendor, the agreed Pony for the agreed Purchase Price (the “ Agreement ”) subject to the terms and conditions
stated below:
The Purchaser acknowledges that the Vendor has advised the Purchaser to arrange blood tests and a five-stage
vetting of the Pony prior to entering into this Agreement.
The Purchaser purchases the Pony “as is”, and acknowledges and accepts that it is the Purchaser's
responsibility to ensure that the Pony fully satisfies the Purchaser's requirements prior to purchase.
Instructors, advisers, trainers and vets are welcome to attend all viewings of the Pony prior to
purchase.
The Purchaser may secure its purchase of the Pony by payment of a 10% deposit. Deposits are non-refundable.
If the balance of the Purchase Price is not paid within 5 business days after payment of the deposit, the
Purchaser will forfeit the deposit, which the Vendor will keep, and the Pony will be put up for re-sale.
The Purchaser agrees to collect the Pony from the Vendor (i) within 3 business days after payment of the
full Purchase Price, or (ii) at such time and place as the Vendor and Purchaser agree otherwise in writing.
Funds must be cleared prior to collection. If the Pony is not timely collected in compliance with (i) or (ii),
the Purchaser shall pay the Vendor a reasonable fee for the Pony's livery, including the cost of any shoeing
and vetinary fees, until the Pony is collected. The Vendor shall have a lien over the Pony until said fee is
paid.
Unless the Vendor agrees otherwise in writing, the Purchaser shall arrange for the collection of the Pony
from the Vendor at the Purchaser's expense.
On payment of the full Purchase Price, title to the Pony shall pass to the Purchaser. Responsibility for any
loss, injury or damage caused by or to the Pony shall pass to the Purchaser immediately thereafter.
The Purchaser acknowledges that the Vendor has advised the Purchaser to obtain insurance to cover (i) risks
to the Pony, and (ii) risks caused by the Pony, from the time title to the Pony passes to the Purchaser,
including but not limited to third party liability, death, theft, vetinary fees, loss of use, and risk of
death, loss or injury to the Pony.
In the event of any post-sale dispute, the Vendor and Purchaser agree to enter into good faith negotiations
for a period of 60 days to seek to resolve the dispute amicably.
The Vendor and Purchaser acknowledge and agree that this Agreement contains the entire agreement and
understanding between them concerning the Pony and supercedes any and all previous agreements, arrangements
and/or understandings (whether written or oral) between them relating to such subject-matter.
The Vendor and Purchaser acknowledge and agree that in entering into this Agreement, they did not rely upon,
and shall have no remedy in respect of, any statement, representation, warranty, undertaking or understanding
(whether negligently or innocently made) of any person (whether a party to this Agreement or not) other than as
expressly set out in this Agreement.
The terms of this Agreement may be enforced by the Vendor and Purchaser subject to and in accordance with
the Contracts (Rights of Third Parties) Act 1999 as amended.
If any provision of this Agreement is held to be illegal, void, invalid or unenforceable (in whole or in
part) by any court or administrative body of competent jurisdiction, that provision shall to that extent be
deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not
be affected thereby.
Any deletion, amendment and/or variation of the terms and conditions contained herein must be signed by the
Vendor in order to be legally effective.
This Agreement shall by governed by and constructed in accordance with the laws of England .
The Vendor and Purchaser irrevocably agree to submit to the exclusive jurisdiction of the courts of England
and Wales any and all claims or matters arising under or in connection with this Agreement and/or its
subject-matter.
