TERMS AND CONDITIONS OF SALE

IT IS AGREED AS FOLLOWS:

1. PARTIES

VENDOR DETAILS

Name: Bloomfield Farm Pty Ltd

Address: 1246 Bloomfield Road,

Crossover, Victoria 3821

Email: info@bloomfieldfarm.com.au

Referred to in these Terms and Conditions as “Bloomfield Farm” and “Vendor”

PURCHASER DETAILS

As per Details submitted via Bloomfield Farm Online Shop Checkout. Referred to in these Terms and Conditions as the ‘Purchaser’

2. HORSE DETAILS

The Vendor hereby agrees to sell and the Purchaser hereby agrees to purchase, upon the terms and conditions set out in this Agreement, the horse as listed on the website, hereinafter referred to as ‘the horse’.

The Vendor hereby transfers to the Purchaser all right, title and interest in the horse free of all encumbrances in accordance with the laws of Victoria and subject to the terms of this Agreement.

4. PURCHASE PRICE

The Purchaser must pay the Vendor the total purchase price, including gst for the horse (“Purchase Price”).

The Purchase Price is plus the additional conditions set out in Clause 16 below. The monetary portion of the Purchase Price is payable in the form of cash, direct deposit, electronic transfer or bank cheque, within 3 days of the date of this contract and prior to horse’s departure from Bloomfield Farm, unless a Payment Plan has been agreed with the Vendor in writing.

If a Payment Plan has been agreed, the terms and conditions contained in that document form part of this Agreement.

5. WARRANTY OF PEDIGREE AND REGISTRATION

The Vendor warrants the pedigree and registration of the horse stated on the website.

6. NAMING RIGHTS

The ‘Bloomfield’ stud prefix must remain with the horse for the lifetime of the horse. A change of name is permitted providing the prefix accompanies the new name.

7. EXPRESS WARRANTIES

The Purchaser accepts the horse ‘as is’ with only those warranties set forth herein and subject to any and all vices, faults or defects to the horse that may now exist or subsequently appear. There are no other express or implied warranties extended to the Purchaser, nor are there any warranties extended, express or implied, for fitness of the horse for any particular purpose. Due to the many variables associated with horses, their care, management and training, and including the Purchaser’s abilities which are unknown to the Vendor, there are no warranties extended, express or implied, for fitness of the horse for any purpose whatsoever.

8. INJURY LIABILITY

The Purchaser understands that horses, horseback riding and equestrian activities in general carry inherent risks of injury, damage or death, and that purchase of the horse herein includes these risks. The Purchaser knowingly assumes the risks, known and unknown, of all activities on and around the horse from this time forth. The Purchaser agrees to the following:

a) The Purchaser waives, discharges and releases the Vendor from any claim that may now or hereinafter arise from any injury including, but not limited to physical injury, death, mental or emotional injury and property damage arising from, related to, based upon, or in any way caused or attributable to the horse.

b) The Purchaser agrees that the Vendor has been honest in representing the horse to the best of the Vendor’s knowledge. The Purchaser acknowledges that this horse is young, inexperienced, energetic and green and may pose a danger to itself, the Purchaser and other individuals working with and around the horse. The Purchaser assumes all responsibility for the horse’s actions from this time forth, releasing and indemnifying the Vendor from all liability and any claims by third parties against the Vendor in relation to the horse.

9. OTHER PURCHASER ACKNOWLEDGEMENTS

The Purchaser acknowledges that they have had the opportunity to inspect the horse, and the decision to purchase the horse has been based on their own research, knowledge and desire. The Purchaser understands that proper care, training, management and feeding is required in order for the horse to be physically and mentally fit to perform any particular purpose, and the Purchaser is responsible for this care, training, management and feeding. The Purchaser acknowledges that warmblood horses are slower maturing horses and any work under the age of 4 years old may limit their future fitness for any purpose. Any premature work is not recommended by the Vendor and is beyond the Vendor’s control.

10. RISK OF LOSS

The Purchaser accepts the horse by signing this contract and the risk of loss, risk in ownership of, and title in, the horse passes immediately. The Purchaser is responsible for all expenses in relation to the horse, including veterinary and transportation expenses from the date of this contract.

11. APPLICABLE LAW

This Agreement shall be construed and governed by the laws of Victoria, in the Commonwealth of Australia. At the option of the Vendor, jurisdiction and venue for any dispute arising under or in relation to this contract shall be only in the country and state identified above. In the event a lawsuit is brought forth with respect of breach of contract by the Purchaser, and the Vendor engages legal representation, the Vendor shall be entitled to collect its legal fees incurred from the Purchaser on an indemnity basis.

12. ENTIRE AGREEMENT AND SEVERABILITY

This Agreement contains the entire understanding of the parties concerning its subject matter; there are no additional oral or written promises or representations, warranties, guarantees or other terms whether express or implied upon which the Purchaser is relying except as expressly set forth herein.

This Agreement may not be modified or amended except by instrument in writing signed by all parties to this Agreement.

The provisions of this Agreement will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.

13. NO WAIVER

No waiver of any breach of any term of this Agreement (including this clause) will be effective unless in writing signed by the party or parties having the right to enforce such breach and no such waiver will be construed as a waiver of any continuing or subsequent breach.

14. COSTS

Each party must pay its own costs (including legal fees and accountant or other consultant fees) in relation to the negotiation, preparation and execution of this Agreement.

15. COUNTERPARTS

This Agreement may be executed in two (2) or more counterparts, each of which will be considered to be an original, but all of which together will constitute one and the same instrument.

16. ADDITIONAL DETAILS

Any additional provisions will form part of this Agreement and will be added to these Terms and Conditions on an official document for acknowledgement and signing.