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Our Terms and Conditions are posted here for your viewing. For questions please feel free to email us at the links listed below.
BUYERS PAYMENTS
Buyer shall pay for the horse prior to the conclusion of the sale and he/she shall pay the sale price by one or more of the following means: Cash, Visa, Mastercard, American Express accepted through PAYPAL (plus 3% buyers fee), Personal Check, Money Order, Cashier's Check (Checks and money orders will require a 10 day hold to clear unless pre-approved).
DEFAULT OF PURCHASE
If any person shall purchase a horse and not pay for it as described above, the Seller shall have the right to resell the horse or, at Seller's option bring action for specific performance, in which event the defaulting Buyer agrees to pay all costs of each suit together with attorney's fees as allowed by the court. In the event of resale, the defaulting Buyer agrees to pay all costs of resale, plus any resale price deficiency.
DELIVERY TO BUYER
No horse shall be delivered to the Buyer until the payment has been made on the day of the sale by one or more of the aforementioned means. The cost of delivery is not included in the sale price.
TRANSPORTATION
Buyer, at his own expense, shall transport each horse purchased at the sale or, Lone Willow Farm shall arrange transportation at the sole responsibility of the Purchaser. All transportation, border fees, taxes will be at the Purchaser's expense. Purchaser is advised to obtain accident insurance prior to transporting the horse/ horses. Purchaser assumes all responsibility without liability to Seller.
LAW AND TAXES
These terms and conditions shall be construed and governed by the laws of the State of Oregon in effect as of date of the sale, and any dispute shall be resolved pursuant to the laws of the State of Oregon and jurisdiction and venue shall be irrevocably in the Deschutes County Court House, Bend, Oregon. Each Buyer agrees to pay any legal City, County, and/or State sales or transaction privilege tax, which may be claimed, because of Buyer's failure to qualify for an exemption from the same.
DISPUTED CASES
In all disputed cases, between Buyer and Seller which can not be resolved shall at the option of the Seller be submitted to binding arbitration in accordance with the laws of the State of Oregon.
SALES, DEPOSITS, & CANCELLATIONS
SALES: All sales are final and non-refundable. Seller suggests that Purchaser come and ride or see the horse before actually purchasing the horse. Purchaser will be responsible for all boarding, farrier, vet, and feed costs associated in maintaining proper maintenance and care.
DEPOSITS: Purchaser/buyer agrees that all deposits are nonrefundable, unless written authorization from seller is obtained in witting in advance. Once a deposit (or full payment) is received, buyer is given up to 7 days to have the horse/pony vet checked (if applicable) and have its health and Coggin's papers issued ready for travel (if applicable) and for arrangements to be made for the horse to leave the farm. After purchaser submits a deposit he/she will have 7 days to have them transported or picked up (pending full payment). After 7 days, the Buyer will be charged $10.00 per day board until the day of departure and the board fee (if any) must be paid in full before the horse is allowed to leave the farm or must be paid in cash on delivery of said horse if Lone Willow Farm has agreed to transport the horse to it's new home.
WITHDRAWAL RIGHTS
Lone Willow Farm reserves the right to withdraw any horse from the sale without liability to anyone.
INSURANCE
It is the obligation of the Purchaser to arrange permanent insurance for no less than the unpaid balance outstanding of the purchase price, designating the Seller as joint loss payee. Lone Willow Farm is NOT responsible for any accident/injury or sickness of the pony while waiting for transport to be moved to it's new home or if in a boarding situation. Insuring the pony is highly recommended.
RISK OF LOSS
Immediately after each horse is sold, it will be the sole responsibility of the Buyer thereof.
REGISTRATION PAPERS
Registration papers shall not pass to the buyer until the horse has been paid for in full and until all payments have been properly cleared by the Seller's bank.
WEB SITE
Every effort has been made to assure correctness of the web site, but Seller is not responsible for errors or omissions.
WARRANTIES
Seller will make certain express warranties with regard to the pedigree, registration and title and in certain instances with regard to pregnancy and fertility. No horse, registration papers, or bill of sale will be transferred until the invoice is paid in full. Registration and transfer fees are the responsibility of the buyer. The foregoing express warranties of the Seller are exclusive of all other warranties and representations and except for such warranties, horses are purchased as is, and all implied warranties, including warranties of merchantability, fitness for any particular purpose and otherwise, are excluded.
Neither the sales management, nor any other person, is authorized to make warranties about any horse. Their oral or written statements do not constitute warranties, shall not be relied upon by Buyer, and are not part of any contract sale.
WARRANTY OF PEDIGREE
Seller warrants each horse's pedigree as represented.
WARRANTY OF REGISTRATION
Seller warrants each horse's registration as represented.
WARRANTY OF TITLE AND POSSESSION
Seller warrants that upon each horse's sale, he/ she shall deliver title and possession free of any encumbrances, subject to a security interest in the event of an installment sale.
SELLER'S RESPONSIBILITY
The Seller is the sole responsible party for all representations and warranties. As regards to Lone Willow Farm, its officers, directors, employees, and agents, all horses are purchased as is, and all implied warranties including warranties of merchantability, title, fitness for any particular purpose and otherwise are excluded.
CREDIT TERMS
Terms of the sale are cash unless credit terms have been arranged prior to the sale. Contact Lone Willow Farm for credit approval application or further assistance.
SALE TERMS
Lone Willow Farm authorizes sale of the horse for cash, check, or credit, secured by a security interest in the horse and produce thereof, on the following terms:
All Sales require nonrefundable deposit equal to 25% or more of the total purchase price shall be paid in order to hold the horse for 7 days or the date of the sale with the remaining unpaid balance due and payable no later than 7 days from the date of sale. In the event Purchaser fails to pay the unpaid balance to Seller within the time specified and agreed on, then Purchaser will become in default and will be held liable under the "Default of Purchase", as stated above.
Prior to consummating a credit sale, Lone Willow Farm, by good faith effort, will seek to obtain information regarding the credit suitability of Buyer (except under circumstances where Seller based on prior experience and knowledge of a particular Buyer, has reason to believe that such Buyer's credit is, in fact, suitable); however, it is understood that Sale Management is not responsible for the actual credit suitability of the Buyer, the quality of the credit information obtained, or for the Buyer fulfilling the deferred payment obligations under credit sale.
The foregoing "Terms and Conditions" only contain a summary of the installment purchase and security and DO NOT describe all the provisions contained therein. Each Buyer is encouraged to examine the installment purchase and security agreement prior to the sale.
If you have any questions about our terms of sales, please email us at info@lonewillowfarm.com
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