Palm Belle Doodles Sales Contract
Pet Contract
This agreement , dated as of ____________________(Effective Date), is between Samantha Hopkins (Breeder), and ____________________ (Buyer). The subject of this Agreement is the below described puppy/dog.
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COLLAR COLOR : _______________________________________________________
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LITTER NAME: _________________________________________________________
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PUPPY NAME: __________________________________________________________
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MICROCHIP #: __________________________________________________________
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SEX: ___________________________________________________________________
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DATE OF BIRTH: ________________________________________________________
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STUD: _________________________________________________________________
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DAM: __________________________________________________________________
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GO HOME DAY: ________________________________________________________
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BOARD UNTIL: _________________________________________________________
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NOTES: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
***Pick up is scheduled for the puppy’s 8th week of life. If you need extra boarding, please let us know ahead of time to see if we can accommodate. Charges are $35 a day and must be paid on or before 8 weeks and before the puppy is released.***
The Breeder and Buyer agree as follows:
Reservation. A NON REFUNABLE reservation fee of $500 has been paid to Breeder. Reservation fees are paid in US Dollars and paid to Breeder via Zelle or Cash. Buyer acknowledges that Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected. Buyer acknowledges that the Reservation fee is non-refundable in all circumstances.
Purchase Price. . The full purchase price of $__________including boarding fees is agreed with the balance due in full on or before 8 weeks of age and before the puppy/dog is released to Buyer. Any shipping and handling expenses are the responsibility of and shall be paid by Buyer. Any puppy being shipped either by cargo, ground transportation or flying requires a health certificate by a certified vet. A $100 fee will apply for this certificate and is added onto the purchase price. All payments due under this Agreement shall be made in US Dollars and paid to Breeder via Zelle or Cash ONLY.
Breeding Rights. Buyer understands that all puppies are sold on a STRICT NON-BREEDING contract unless breeding rights have been purchased. Buyer agrees to spay or neuter this dog no sooner than 12 months and no later than 18 month of age at the Buyer’s expense. Proof of spay/neuter must be from a certified veterinary hospital, on paper, showing the pet’s description, breed and microchip number. As an added safety measure, once proof is provided to Palm Belle Doodles, microchip information will be transferred to Buyer’s information. Proof of spay and neuter is required to be sent to breeder in order to transfer microchip. If above dog is not spayed or neutered between 12-18 months breeder’s 2-year health guarantee will be null and void. Failure to honor the spay/neuter conditions of this contract can result in the Breeder reclaiming the dog without compensation to the Buyer and/or a $5000 fee will be charged. If a Buyer transfers ownership to another party, this contract is still enforceable. The original Buyer is responsible to ensure the spay/neuter of the puppy. Unless breeding rights are discussed and purchased, the dog is to never be bred by the original purchaser or any other person. The original purchaser is legally responsible for making sure this does not occur. If necessary legal action will be taken to collect damages and the buyer will be responsible for all legal fees.
Buyer understands that there is an extra fee to purchase breeding rights for the above dog.
Breeder’s Obligations. Breeder represents and warrants the following:
· Ownership. Breeder is the lawful owner of the puppy/dog and has the right to sell the puppy/dog to Buyer..
State of Health;
Short-Term Health Warranty.
The puppy/dog is guaranteed to be in good health, to the best of the Breeder’s knowledge. The buyer has 3 business days, from the date of possession in which to have the puppy checked by a licensed veterinarian at the Buyer’s expense for the guarantee in this section to be valid. If there is an incurable or adult – life altering health concern, you may return the puppy to us for a full refund. This shall be done the day following the vet exam, along with a veterinarian statement stating the problem. You will receive a full refund of the purchase price of the puppy. Buyer bears all costs relating to the transportation. Buyer must provide a written statement from a licensed veterinarian clearly stating the defect or illness. If the puppy is not taken to a licensed veterinarian within 3 business days of taking possession, the health warranty is void. (Exclusion: This does not include any health issues caused by Buyer’s ill-treatment, abuse or neglect, any health issues that result from the puppy/dog’s transportation from Breeder to Buyer and all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress. Fleas, colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis or umbilical hernias.
Long-Term Health Warranty.
Breeder provides a 2 year warranty from the puppy/dog’s date of birth against any debilitating congenital conditions. In the event the puppy/dog exhibits symptoms of a suspected debilitating congenital condition, Buyer must immediately inform Breeder and supply any requested veterinary records to Breeder within 7 days. All vet expenses shall be paid by Buyer. Breeder will be given the opportunity to take the puppy/dog to a licensed veterinarian of Breeder’s choice for second examination at the Breeders expense. If the dog dies a necropsy is required to be submitted to the Breeder at the Buyer’s expense. If a necropsy is performed and results in undetermined or inconclusive diagnosis, warranty is void. If a congenital defect is identified within the warranty period, the Buyer has the option to obtain a replacement puppy from the Breeder of equal or lesser value from the next available litter. The original puppy need not be returned, provided there is proper documentation of congenital issue. Breeder determines which puppy (of equal or lesser value) will be used as a replacement and the wait may be as long as 6-12 months. Color or gender is not guaranteed. Shipping fees will not be refunded, and any costs associated with the shipping replacement puppy are to be covered by the Buyer. If the puppy is euthanized or in any way disposed of, without a second opinion from the Breeder’s veterinarian, the Buyer waives all rights to a replacement puppy. This warranty does not include viral illnesses, infections, improper bites, stress-related illness, hernias, hypoglycemia, parasites (including Giardia or Coccidiosis), cancer or endocrine disorders. It also does not include any illness of foreign objects, food, chemicals or physical injury. No warranties or guarantees, expressed or implied, are made under this contract except as stated. We cannot guarantee breed, weight, temperament, coat type or color.
It is to be clearly understood that the Breeder does NOT, under any circumstances, accept responsibility for any veterinarian and/or health care expense.
Buyer understands that the health guarantee does not transfer and will become null and void if Buyer sells puppy/dog.
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.
Buyer’s Obligations. Buyer agrees to the following:
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.
Veterinary Care. Buyer will also provide the following veterinary care at their own expense:
Routine vaccinations and/or titers to prevent common infectious diseases
Routine treatment for internal and external parasites
Annual examination by a licensed veterinarian.
Care to Prevent Orthopedic Conditions. Buyer will also provide the following care:
Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight.
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.
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.
· 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.
· 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 returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog to Breeder or 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.
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. If such veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect, Breeder has the right to take full possession of the puppy/dog and 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.
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 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.
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 South Carolina without regard to the conflicts of laws provisions thereof.
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 signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.