Paso Fino Horses for sale terms and conditions information site. Thank you for your recent Paso Fino Horse purchase. We are pleased to have you aboard the Wonderful Planet of Paso Fino Horses.
Our Terms and Conditions are posted here for your viewing. For questions please free free to email us at the links listed to the left.
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, Personal Check, Money Order, Cashier's Check, Visa, Mastercard, American Express, Discover, or Credit, but only if credit was approved prior to sale.
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.
TRANSPORTATION
Buyer, at his own expense, shall transport each horse purchased at the sale or, Stoney Fork Paso Fino Farms 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 North Carolina in effect as of date of the sale, and any dispute shall be resolved pursuant to the laws of the State of North Carolina and jurisdiction and venue shall be irrevocably in the Craven County Court House, New Bern, N.C. 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 North Carolina.
SALES, DEPOSITS, & CANCELLATIONS
SALES: All sales are final and non-refundable. Seller suggests that Purchaser come and ride the Paso Fino horse before actually purchasing the Paso Fino horse. Seller will agree to purchase back the Paso Fino hors from Purchaser after evaluating the horse for a fair market price or Purchaser may bring the horse back for Seller to re-market and sell the Paso Fino horse for a 15% commission on the total sale. Purchaser will be responsible for all boarding, farrier, vet, and feed costs associated in maintaining proper maintenance and care.
DEPOSITS: Purchaser agrees that all deposits are non-refundable, unless written authorization from seller is obtained in witting in advance.
CANCELLATIONS: Any cancellations of sale or forbidden. In the event that the Seller agrees to accept a cancellation from the Purchaser before the Paso Fino horse leaves Seller's location, there will be a 30% of the Total Sale Price restocking fee deducted and the balance would be refunded to the Purchaser upon written permission from Seller.
WITHDRAWAL RIGHTS
Stoney Fork Paso Fino 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.
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.
WEBSITE
Every effort has been made to assure correctness of the website, 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. Reference should be made to the installment Purchase and Security agreement, a copy of which is available from Stoney Fork Paso Fino Farms, for full description of the warranties. 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 Stoney Fork Paso Fino Farms, 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.
VETERINARY STATEMENT
Prior to presenting a horse for sale, the Seller shall have the horse examined by a veterinarian and shall obtain a written statement of finding. If the horse is a mare that has been bred more than 50 days prior to the examination, the veterinarian shall conduct a manual inspection of the horse and the results of the inspection shall be included in the veterinary statement. A copy of the veterinary statement will be available for examination by the Buyer prior to the sale. such statement shall not extend beyond the sale date. The Buyer may have any horse of his/ her choice at his/ her own expense, examined prior to the sale. Arrangements for either may be made by calling or visiting Stoney Fork Paso Fino Farms. This right of Buyer is offered in lieu of any warranty of condition, quality, or otherwise.
CREDIT TERMS
Terms of the sale are cash unless credit terms have been arranged prior to the sale. If credit terms are approved, Buyer will issue Seller post dated checks in advance, in the amount due for each monthly payment for the balance of the contract. Contact Stoney Fork Paso Fino Farms for credit approval application or further assistance.
SALE TERMS
Stoney Fork Paso Fino Farms 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 30% non-refundable deposit of the total purchase price shall be paid in order to hold the horse or the date of the sale with the remaining unpaid balance due and payable no later than 10 days from the date of sale, unless otherwise written permission is granted from the Seller. 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, Stoney Fork Paso Fino Farms, 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.
PAYMENT METHODS
Master Card, Visa, Discover, Money Order, Cashiers or Certified Bank Check, Wire Transfer, Company Check and Personal Checks (usually requires a 10 day hold to clear unless aprroved.
