Aljassimya Farm Online Auction

Horse Purchase Agreement

This Purchase Agreement along with its “Terms and Conditions” (“Agreement”) is entered into on _______ February, 2025 (“Effective Date”), by and between:

AL Jassimya Farm, a company incorporated and registered in the State of Qatar with company number 5000373175, whose registered office is at Ash Shafallahiyah Qatar, info@aljassimyafarm.com. (“Seller”);

And ___________________________, a national of [COUNTRY] and holder of passport number [NUMBER] whose address is [ADDRESS]. ("Buyer").

  1. Seller's Status and Authority: The Seller affirms that it is a duly authorized entity, in good standing, with all necessary licenses and permits to conduct business under the laws of Qatar. The Seller further affirms that it has the legal right to sell the Horse as described in this Agreement.
  2. Buyer’s Representation: The Buyer represents that they are legally capable and authorized to enter into this Agreement. In case of a corporation or entity acting as the Buyer, the Buyer affirms that the person signing on its behalf has proper authorization to bind the entity.
  3. Contact Details: Both Parties shall ensure that any changes to the contact details, including but not limited to addresses, phone numbers, and email addresses, are promptly communicated to the other Party in writing.

"Seller" and "Buyer" each a Party and collectively, the "Parties".

1. Horse Purchased

The Seller hereby agrees to sell and the Buyer hereby agrees to buy, as per the terms and conditions set forth herein along with the Terms and Conditions of the Auction (as defined in the terms Agreement) the following described purebred Arabian horse ("Horse"):

Details of the Horse:

Name
Colour
Date of Birth
Registration Number
Pedigree
Registered with: Arabian Horse Registry Name
Current Location: Al Jassimya Farm, Qatar or 100 Oaks Ranch, USA or Giacomo Capacci Arabians, Italy.

The Seller will, within two (2) weeks of receiving the full Purchase Price from the Buyer, complete the registration of the Horse with the appropriate registry, process the transfer of ownership, and prepare the necessary export documents. The Seller agrees to submit all duly signed documents to the relevant registry for the ownership transfer and ensure that all required paperwork is forwarded promptly to the Buyer.

2. Purchased price

The total purchase price is [Insert amount in words] United States Dollars (USD), exclusive of VAT, (Purchase Price) payable by wire transfer to the following account:

Account Name AL Jassimya Farm
Bank Name Masraf Al Rayan
IBAN QA90 MAFR 0000 0000 0003 129747 002
BIC MAFRQAQAXXX

The wire transfer must be completed and the total amount received by the Seller's bank account, free of any bank charges or fees. The payment is to be made in a single transfer and must be fully paid within one (1) week from the Effective Date of this Agreement.

3. Late payment

A late payment fee of two percent (2%) per week shall be applied for any payment not received by the due date, with the delay period not exceeding seven (7) days. Such late payment fee shall be borne and paid by the Buyer to the Seller for any amount overdue by seven (7) business days. For avoidance of doubt, any delay exceeding seven (7) business days shall be considered a breach of contract by the Seller. In such event, the Seller shall have the right to invoke the provisions set forth in this Agreement and shall have the right to retain the deposit and may, at its sole discretion, resell the Horse to another buyer.

4. Property right

Title and ownership of the Horse shall remain with the Seller until the full Purchase Price has been paid by the Buyer. The Buyer acknowledges that the Horse is subject to a retention of title, and all rights to the Horse shall not pass to the Buyer until complete payment is made.

5. Delivery

The Seller shall deliver the Horse to the Buyer upon receipt of full payment of all amounts due under Paragraph 3 of this Agreement, at the address specified below: [Insert address]. The Buyer shall be solely responsible for the organization, cost, and management of transporting the Horse, including all associated fees and charges such as taxes, export, import, transit, and customs clearance. All transportation and related expenses, including but not limited to those for shipping, customs duties, and any other charges, shall be borne entirely by the Buyer, and the Buyer shall assume all risks related to such transport.

6. Board

The boarding fee for the Horse shall be zero (0) United States Dollars for a period not exceeding fourteen (14) days following the Effective Date of this Agreement. Upon successful payment, the Horse must be removed from the current standing location within fourteen (14) days from the Effective Date. The Buyer shall bear full responsibility for and incur all costs associated with the transportation of the Horse from the current standing location to any location specified by the Buyer. In the event of a delay beyond the specified fourteen (14) day period, the Buyer shall notify the Seller by sending an official written notice via email to the Online Auction Al Jassimya Farm team, providing a reasonable justification for the delay. The notice must also specify a final, revised timeline for the transportation of the Horse. Should the delay exceed the initial fourteen (14) day period, a late fee of five hundred United States Dollars (USD 500) shall be charged to the Buyer, prorated for each additional month or partial month that the Horse remains at the current standing location."

7. Change of Name

Upon receipt of full payment, the Buyer agrees to forfeit any right to change the registered name of the Horse with the relevant Arabian Horse Associations and/or Registries. The Buyer acknowledges and agrees that the Horses registered name shall remain as originally recorded, and the Buyer shall not request or initiate any process to alter such name through any registry or association, either directly or indirectly, after the Effective Date of this Agreement.

8. Disclaimer of warranties

The Buyer acknowledges, understands, and agrees that the Horse(s) are being purchased as is, with no representations, warranties, or guarantees of any kind, either express or implied. The Buyer expressly disclaims any and all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or any other warranties arising by law or custom, whether statutory or otherwise. The Buyer further agrees that no statements, representations, or promises made by the Seller or any other party involved in the transaction shall create any additional warranties or obligations beyond those explicitly set forth in this Agreement.

9. Risk of accident or loss

Effective as of the Effective Date, all risks associated with the Horse(s), including but not limited to, loss due to injury, illness, or death, shall be solely and exclusively borne by the Buyer. The Buyer acknowledges that the Seller shall not be held liable for any damage, loss, or injury to the Horse(s) after the Effective Date of this Agreement. The Buyer may, at their sole discretion and expense, arrange for insurance coverage for the Horse(s) to protect against any such risks, including but not limited to, injury, illness, or death, with any such insurance being obtained directly by the Buyer.

10. Taxes and Fees

Any taxes, duties, or other fees imposed by the Seller’s country on the purchase price shall be borne by the Seller. Conversely, any taxes, duties, or other fees imposed by the Buyer’s country, or arising during transit, shall be the sole responsibility of the Buyer. The Buyer acknowledges and agrees to pay any such additional costs directly to the relevant authorities or parties as applicable, without delay.

11.Warranty of health

The Seller warrants that, as of the Effective Date, the Horse is in good health and free from any known illness or injury. However, the Seller does not provide any veterinary examination or health certificate.

The Buyer acknowledges that the Seller has made no further representations or warranties regarding the Horse's health beyond this statement.

The Buyer has the right, at their sole discretion and expense, to arrange for a veterinary examination of the Horse prior to or following the completion of the purchase, with the Seller providing reasonable access to the Horse for such purposes.

12.Events of default

For the purposes of this Agreement, an "Event of Default" shall occur if any of the following events take place: a. The Buyer’s failure to make full payment of the purchase price in accordance with the terms set forth herein, including any applicable late fees or charges. b. The failure of either the Seller or the Buyer to perform any of their obligations under this Agreement, or the breach of any term or condition of this Agreement by the Seller or the Buyer, including but not limited to the failure to meet specified deadlines or responsibilities as outlined in this Agreement. In the event of any such default, the non-defaulting party shall have the right to take such remedial actions as provided in this Agreement, including the right to terminate the Agreement, seek damages, or pursue any other legal remedies available under applicable law.

13. Consequences of default

Upon the occurrence of an Event of Default as defined in Paragraph 13 hereof, the Seller shall have the right, in addition to any other rights or remedies available under Qatari law, to terminate this Agreement immediately and without prior notice, and without any obligation to provide compensation to the Buyer.Such termination shall be effective upon written notice from the Seller to the Buyer, and the Seller may pursue any other legal remedies available to it under the terms of this Agreement or applicable law.

14. Entire Agreement and severability

This Agreement constitutes the entire understanding between the Parties with respect to its subject matter, and supersedes all prior oral and written agreements, representations, and understandings between the Parties. The Buyer acknowledges that they are not relying on any representations, warranties, or promises other than those expressly set forth herein.

15. Notices

Any notices, requests, or communications required or permitted under this Agreement shall be deemed effective if made in writing and delivered to the recipient by one of the following methods: registered mail, or WhatsApp message, as specified in the first paragraph of this Agreement. Notices sent by registered mail shall be deemed received on the date of delivery, and notices sent via WhatsApp message shall be deemed received upon acknowledgment by the recipient, or upon sending if no acknowledgment is received.

16. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Qatar. Any dispute, claim, or controversy arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Qatar, and the parties hereby submit to the personal jurisdiction of such courts for the resolution of any such disputes.

17. Confidentiality

The Buyer agrees to maintain the confidentiality of all proprietary or confidential information disclosed during the negotiation, execution, or performance of this Agreement. The Buyer shall not disclose, distribute, or use any such confidential information for any purpose other than as required for the performance of this Agreement, without the prior written consent of the Seller. This obligation shall survive the termination or expiration of this Agreement.

18. Execution and Counterparts

In witness whereof, the parties hereto have read, understood, and accepted the terms and conditions of this Agreement and have duly executed this Agreement on the Effective Date. This Agreement may be executed in two (2) counterparts, each of which shall be deemed an original, and all of which shall together constitute one and the same instrument.