TO: ALL BUYERS
FROM: KIMALOT RANCH
RE: PROPOSED PURCHASE OF ANY HORSE
It is not unusual for clients of any equestrian establishment to seek to purchase their own horse(s) after a period of either instruction or training, and what is set forth below is a series of recommendations, which we deem advisable for anyone considering the purchase of any horse.
1. Have your horse “vetted out.” Your veterinarian should be contacted and requested to perform a pre-purchase examination of any horse you might consider purchasing. A pre-purchase examination is entirely different from a veterinary examination pertaining to normal vaccinations, wormings or any other sort of veterinary procedure. Generally, horses are sold with no warranties, with some limits, and if the buyer elects not to have the horse ‘vetted out,” the buyer n most cases purchases the horse – AS IS. That is, what you see is what you get.
2. Realize your limitations. Even if you buy a well-trained horse that has won numerous championships, there is no guarantee that you or your child will be able to reach the level of performance achieved by other riders with the same horse. That is not to say that you will not achieve success, but horses are not much different from people in that various personalities get along better than others. You should assume that your horse will respond differently to you than its previous owner, and we all hope the productivity established by such relationship is greater than that of the previous owner.
3. Ask questions. Most people hate to admit that there is something they do not know. As a consequence, many people do not want to ask questions that would, in their opinion, make them appear ignorant or less than expert. The horse industry is very complex and operates under its own rules and tradition, independent of what one may perceive as normal in other areas of sales. If you don’t know something, ask questions. . . we are more than happy to assist you in any manner possible and it is important to us to know that you know what you are getting. We will do everything possible to help you make a reasonable and rational decision with regard to any purchase. The ultimate decision must rest with the buyer and it is our objective to assist any prospective buyer in formulation and analyzing whatever issues the buyer may deem appropriate.
4. Remember that what you see is what you get. Horses change hands from time to time and it is somewhat different than buying a car. A horse may be injured and suffer permanent damage or it may be abused from owner to owner causing certain behavioral traits which were apparent at one time and may not be apparent at others. Realize that each horse-related transaction is different from the others, and each transaction must be evaluated on its own merits.
5. Inherent Risks. Participants must acknowledge there are inherent risk associated with equine activities such as described below, and assume all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equines reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
Your patronage is highly valued, and we hope that we can assist you in making the sort of business decision that is appropriate to meet you needs. If you have any questions, or if we can be of any assistance with regard to any proposed purchase or sale of your horses, please feel free to contact us at www.kimalotranch.com or email kimalotranch@yahoo.com or 936-767-4892
