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Contract Language-What Does This Mean?

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lobbster

Junior Member
What is the name of your state?Oregon

I am about to purchase a horse and not sure about the language of one of the paragraphs of the contract. Can anyone tell me, in grade-school words, what this means?

"ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES: Buyer accepts the horse by signing this contract, and risk of loss passes immediately. Buyer is responsible for all board, veterinary and transportation expenses after the date hereof. Buyer shall make no claim for any breach of this contract, for recission or revocation, nor for any warranty, misrepresentation, mistake or other tort, unless Buyer first notifies Seller in writing of the basis and nature of the claim within thirty (30) days of the date of this contract. Buyer’s remedies in contract, tort or otherwise are limited to refund of all amounts paid, upon the return of horse to Seller. ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE EXCLUDED to the full extent permitted by law."

Thank you.
 


Some Random Guy

Senior Member
"ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES:"disclaimer

Buyer accepts the horse by signing this contract,
you are buying a horse

and risk of loss passes immediately.
If the horse dies after you buy it, its your dead horse.

Buyer is responsible for all board, veterinary and transportation expenses after the date hereof.
As soon as you buy the horse, take possassion immediately or else expect to start getting changed for a stall, food, medicine, etc.

Buyer shall make no claim for any breach of this contract, for recission or revocation, nor for any warranty, misrepresentation, mistake or other tort, unless Buyer first notifies Seller in writing of the basis and nature of the claim within thirty (30) days of the date of this contract.
All claims must be made in 30 days and must be in writing

Buyer’s remedies in contract, tort or otherwise are limited to refund of all amounts paid, upon the return of horse to Seller.
The most you can get back is the money you paid, and you will have to return the horse. This seems a bit strange because if the horse is found to be less valuable for some reason, you shouldn't sue for the "loss of value" - because you would have to return the horse. Therefore if you sue, sue for the full cost.

ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE EXCLUDED to the full extent permitted by law.
If the horse dies and falls on you, you can sue for the dead horse, but not your own broken leg and not for the cost of burying the horse. (P.S. don't bury it since you have to return the corpse to get your money back)

Contact a lawyer if you need to find out if this contract is enforceable or reasonable for this situation.
 

BelizeBreeze

Senior Member
This is a pretty standard clause in Equine sales. If you have any doubts at all, have the horse checked out by YOUR vet prior to purchase.
 

JETX

Senior Member
Summary of that clause...
You are buying the item (in this case, the horse), 'as is, where is'. Once you buy it, it is yours without ANY recourse back to the seller.
 

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