Sample Contract

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This agreement is between the buyer (name) and breeder, Liza Moon with Rebecca Creek Retrievers LLC.

 

Buyer and Seller agree to the following conditions of sale: ** "Seller" will now be referred to as "Breeder" for the remainder of this contract. 

 

1. Purchase Price: The full purchase price is agreed with the balance due in full upon Buyer’s pickup of the puppy/dog. Any shipping and handling expenses are the responsibility of and shall be paid by Buyer. All payments due under this Agreement shall be made in US Dollars and paid to Breeder via Wave Apps, Payments through Good Dog, certified check, or cash. 

 

2. Unauthorized Breeding: The puppy/dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited by Buyer. If at any time the puppy/dog has produced any offspring, (a) Buyer must pay Breeder $15,000 per litter of offspring and (b) all of Breeder’s warranties set forth in this Agreement will become null and void. 

 

3. Breeder’s Obligations: Breeder represents and warrants the following. 

 

(a) Ownership: Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer. Ownership of the puppy/dog will be transferred to Buyer upon Buyer’s payment of the full Purchase Price. *** IMPORTANT NOTE REGARDING THE FOLLOWING SHORT-TERM HEALTH WARRANTY: The vet exam mentioned below is NOT REQUIRED. It is optional for owners in order to give them peace of mind that they are bringing home a healthy puppy. 

 

(b) State of Health: Short-Term Health Warranty. The puppy (i) was previously examined by a licensed veterinarian and was found to be in good health at that time and (ii) has had the immunizations enumerated in the health records provided to Buyer. Buyer, at its own expense, must have the puppy examined by a licensed veterinarian within 72 hours of receiving the puppy (the “Examination Period”) for the guarantee in this section (section 3b) to be valid. If, within the Examination Period, a licensed veterinarian finds the puppy to be unhealthy or unfit for sale, the puppy may be returned to Breeder for a full refund of the Purchase Price. The veterinarian must provide a written statement deeming the puppy “unfit for purchase”, which must be sent to Breeder within 48 hours of the veterinary examination. The foregoing guarantee expressly excludes (x) any health issues caused by Buyer’s ill-treatment, abuse or neglect, (y) any health issues that result from the puppy’s transportation from Breeder to Buyer and (z) all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis or umbilical hernias. Upon returning puppy to Breeder, Buyer must provide Breeder with full vaccination and medical records for puppy. Buyer must release the records from the veterinarian to the Breeder. Copies of the records will not be sufficient. If the puppy has not yet received four parvo/distemper vaccines, puppy must receive a Parvo SNAP test at the vet clinic of the Breeder’s choice to clear puppy for a safe return. This test will be administered at Buyer’s expense. Buyer will be responsible for transportation to and from the clinic that administers this test. Buyer will release medical records pertaining to this test to Breeder. Copies of a negative test result will not be sufficient. Puppy must test negative for canine parvovirus and negative for internal parasites in order to be eligible for return. 

 

(c) Health Insurance: Buyer understands that carrying a Health Insurance Policy for puppy/dog that includes coverage for Hereditary and Congenital Conditions is imperative for the first 2 years of the puppy's life. Depending on the insurance carrier, a policy covering hereditary conditions can be an additional cost/rider. Please choose a policy carefully to ensure that any condition that could occur will be covered, and not just emergency illnesses and injuries. Pet health care costs in the United States have risen significantly in recent years due to the growing demand for household pets. Carrying an insurance policy for your puppy ensures that in the event of a serious injury or illness, you are not faced with deciding on the degree of medical intervention based on finances alone. 

 

(d) Long-Term Health Warranty: Breeder provides a 2 Year warranty from the puppy/dog’s date of birth against any debilitating hereditary conditions. For the purposes of this section, “debilitating hereditary conditions” are defined as hereditary conditions that will severely diminish the quality of life for the puppy/dog. In the event the puppy/dog exhibits symptoms of a suspected debilitating hereditary condition, Buyer must immediately inform Breeder of symptoms prior to any medical treatment for suspected condition. Breeder will be given the opportunity to take the puppy/dog to a licensed veterinarian or specialist of Breeder’s choice for examination. Breeder will be given the opportunity to advise the Buyer on which licensed veterinarian the puppy/dog should be examined (and treated) by. Buyer agrees to supply any requested veterinary records to Breeder. If Buyer does not consult with Breeder about any diagnostic vet exams or medical treatments prior to these exams or treatments taking place, all of Breeder’s warranties set forth in this Agreement will become null and void. 

 

(e) Returns/Refunds: If it is determined by a licensed veterinarian that the puppy/dog (i) was “unfit for purchase” or (ii) has a genetic disorder (“debilitating hereditary condition”) that is identified within the warranty periods described above, the Buyer may keep the puppy/dog or return the puppy/dog to the Breeder and receive reimbursement for any deductibles paid toward the puppy/dog’s Health Insurance Policy related to the diagnosis and treatment of the identified illness, provided that such reimbursements will not exceed the original Puppy Purchase Price amount. No other refunds will be given. 

 

(f) No Other Warranties: No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein. 

 

4. Buyer’s Obligations: Buyer agrees to the following. 

 

(a) Proper Care: Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, and proper and sufficient nutrition. Buyer will provide proper veterinary care throughout the puppy/dog’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy/dog’s immunity to common canine diseases. 

 

(b) Veterinary Care: Buyer will also provide the following veterinary care. (i) Routine vaccinations and/or titers to prevent common infectious diseases; (ii) routine treatment for internal and external parasites; and (iii) annual examination by a licensed veterinarian. 

 

(c) Care to Prevent Orthopedic Conditions: Buyer will also provide the following care. (i) Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight; (ii) proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging) until the puppy/dog is full grown or the activity is approved by a licensed veterinarian; and (iii) avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller than itself at the shoulder until the puppy/dog is full grown or the activity is approved by a licensed veterinarian. 

 

(d) Sale Prohibition: Buyer is not acting as an agent in the purchase of the puppy/dog. Buyer agrees neither the puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes of vivisection or research. Buyer also agrees neither the puppy/dog, nor any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house or pet store. 

 

(e) Restrictions on Transfer: If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer’s death or incapacity), at Breeder’s sole election, the puppy shall be (a) returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog to Breeder or (b) rehomed by Buyer with Breeder’s prior written approval, in each case without any refunds or payments due to Buyer. If, following receipt, Breeder decides to rehome the puppy/dog, Breeder may elect to refund Buyer a portion of the original Purchase Price after deducting applicable maintenance, training, veterinary and other costs. Such refund amount shall be determined by Breeder in its sole discretion. Buyer acknowledges that the refund amount may be significantly less than the puppy/dog’s original Purchase Price depending upon the age, training, and condition of the puppy/dog. Breeder may elect to offer no refund whatsoever if it is determined by the Breeder that the puppy/dog was received malnourished, neglected, untrained, or unsocialized. 

 

(f) No Transfer Outside of the United States: Buyer further agrees that the puppy/dog will not be sold to anyone residing outside of the United States without Breeder’s prior written approval. 

 

(g) Spay/Neuter Provision: The right to ownership of the puppy/dog is conditioned upon Buyer paying all costs and expenses to spay/neuter the puppy/dog and provide proof of such spaying/neutering to Breeder immediately upon completion (if requested by Breeder). In addition to such other remedies as may be available to Breeder in an action in equity and/or at law for any violation of the terms of this Agreement, Buyer will be subject to, and hereby agrees to pay, as a penalty, the sum of $15,000 if puppy/dog is not spayed/neutered in accordance with this Agreement. 

 

(h) Breach by Buyer: Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void. 

 

(i) Ongoing Communications: Both parties agree to promptly notify the other of any change of address, email or phone number. Buyer agrees to (a) maintain contact with Breeder regarding the puppy/dog at least once each calendar year, and to reply as promptly as possible to inquiries about the puppy/dog from Breeder; (b) inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel Club or other registr(y)(ies) and (c) inform Breeder of any major change in the health of the puppy/dog throughout the puppy/dog’s life, including, but not limited to, cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders or autoimmune disease, and behavior problems particularly fear, anxiety or aggression. Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal’s death. 

 

(j) Remedy for Mistreatment: If the Breeder feels the puppy/dog is not getting proper care and treatment, Breeder has the right to have the puppy/dog examined by a licensed veterinarian of the Breeder’s choice. If such veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect, (a) Breeder has the right to take full possession of the puppy/dog and its duly signed transfer papers/registration and (b) all Breeder warranties herein shall become null and void. For the avoidance of doubt, if Breeder takes possession of the puppy/dog in accordance with this section, Buyer shall not be entitled to any refunds of any payments made to Breeder. 

 

(k) Agreement to Mediate: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation by a Good Dog mediator before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. 

 

(l) Governing Law: This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflicts of laws provisions thereof. 

 

(m) Miscellaneous: This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. 

 

This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.