Puppy/Dog agreement & Guarantee (full registration)
Registry: _____________
Sex: _____________
DOB: ____________
Sire: _________________
Dam: ________________
This agreement dated as of is between ____________________ (Breeder) and ____________________(Buyer). The subject of this agreement is the above Described Puppy/dog.
The Breeder and Buyer agree to the following terms and conditions:
Purchase Price: The Buyer shall pay a non-refundable deposit of $____________ to the Breeder upon signing this Agreement. This deposit will be applied towards the final purchase price of $_________________. The remaining balance is due when the puppy/dog reaches 7 weeks of age. If the Breeder needs to hold the puppy for longer than 8 weeks, the parties may make alternative arrangements. The Buyer is responsible for all shipping and handling expenses.
Deposit and Communication Clause:
The Buyer acknowledges that a non-refundable deposit is required to secure the purchase of the puppy. Following the puppy’s go-home date at eight (8) weeks of age, the Buyer agrees to maintain regular communication with the Seller. If the Seller reaches out to the Buyer and does not receive a response within three (3) days, the Buyer will forfeit this contract and the deposit. In such an event, the Seller reserves the right to rehome the puppy and may seek another buyer without any obligation to refund the deposit or honor this contract.
Payment and Pick-Up Clause:
The Buyer agrees to pay the full purchase price of the puppy no later than seven (7) weeks of age. Failure to make full payment by this deadline will result in the forfeiture of the deposit and the Buyer will lose all rights to the puppy. Additionally, the Buyer must arrange for appropriate pick-up of the puppy within the eight (8) to nine (9) week time period. If the Buyer fails to arrange pick-up within this timeframe, the Seller reserves the right to rehome the puppy and may seek another buyer without any obligation to refund the deposit or honor this contract.
Payment Method: All payments under this Agreement must be made in US dollars and paid to the Breeder via Cash, Cash App, PayPal, or Venmo. If The Buyer wishes to process payments for the puppy using PayPal under the "Friends and Family" option. Under no circumstances should the Buyer select the "Goods and Services" option, as doing so may result in additional fees and complications. The Buyer accepts full responsibility for ensuring that the payment is sent correctly. Any payment made under the "Goods and Services" option may result in delayed processing and could lead to forfeiture of the contract and deposit if not rectified promptly.
2. If the Breeder is required to hold the puppy beyond the nine (9) week mark, a boarding fee of $10 per day will be charged to the Buyer. This fee will cover the puppy’s care, grooming, vaccinations food, and other necessary expenses incurred during the extended holding period. The Buyer agrees that the boarding fee must be paid in full at the time of pick-up. Failure to pay the boarding fee at that time will result in the Breeder retaining ownership of the puppy until the fee is paid, and the Buyer will forfeit any rights to the puppy.
Both the Breeder and Buyer acknowledge and agree to these terms and conditions.
Full Registration: The puppy/dog is a purebred and is registered with the ("kennel club"). The puppy is being sold with full registration, granting the Buyer show and breeding rights for the puppy/dog. The Breeder agrees to provide the Buyer with the necessary registration papers.
Breeder's Responsibilities: The Breeder assures and guarantees the following:
A. Ownership: The Breeder is the lawful owner of the puppy/dog and possesses the right to transfer ownership to the Buyer. Ownership will be transferred to the Buyer upon payment of the full Purchase Price.
B. Returns/Refunds: If a licensed veterinarian determines that the puppy/dog is unfit for purchase or has a genetic disorder within the warranty periods specified, the Buyer may return the puppy/dog and receive a replacement puppy/dog from the next available litter of equal or lesser value. In such cases, the Buyer will be responsible for all transportation expenses, veterinarian charges, crate fees, air freight charges, and transport fees.
C. No Additional Warranties: The Breeder does not provide any other warranties or guarantees, whether expressed or implied, except as explicitly stated in this agreement. The puppy/dog is sold and delivered in its current condition, "as is," unless otherwise specified herein.
1. Buyer Responsibilities: The Buyer agrees to the following obligations:
A. Proper Care: The Buyer will ensure the puppy/dog receives appropriate care, including providing suitable shelter, protection from the elements, a secure exercise area, and a balanced diet. The Buyer will also provide necessary veterinary care, including vaccinations and regular check-ups.
B. Veterinary Care: The Buyer will arrange for routine vaccinations, parasite treatment, and annual examinations by a licensed veterinarian.
C. Preventing Orthopedic Conditions: The Buyer will take steps to prevent orthopedic issues in the puppy/dog, such as providing proper nutrition, avoiding overfeeding or underfeeding, engaging in appropriate exercise, and avoiding activities that may cause stress injuries.
D. Sale Prohibition: The Buyer agrees not to use the puppy/dog or its offspring for vivisection or research purposes. The Buyer also agrees not to sell the puppy/dog or its progeny through commercial brokers, chain stores, catalog sales houses, or pet stores.
E. Transfer Restrictions: If the Buyer is unable to continue caring for the puppy/dog, the Breeder may choose to have the puppy/dog returned or rehomed with their approval. In such cases, no refunds or payments will be due to the Buyer, and the Breeder may refund a portion of the original purchase price at their discretion.
F. No International Transfers: The Buyer agrees not to sell the puppy/dog to anyone residing outside of the United States without the Breeder's prior written approval.
G. Buyer's Breach: If the Buyer fails to fulfill any of the aforementioned obligations, the warranties provided by the Breeder in this agreement will become null and void.
Breeding rights. :
A. Breeding Potential: The Seller acknowledges that the puppy/dog is being sold with the potential for breeding. The Seller represents that, at the time of sale, the puppy/dog shows promise of being suitable for breeding as an adult. However, the Seller does not guarantee that the puppy/dog will be of breeding quality as it matures, as changes can occur during the dog's development. Additionally, health clearances must be obtained before breeding, and if the puppy/dog fails these clearances or is deemed unsuitable for breeding by the Seller, the Buyer agrees not to breed the puppy/dog. The Buyer must promptly arrange for a hysterectomy/vasectomy to be performed on the puppy/dog at their expense and provide proof of the procedure to the Seller.
B. Breeding Expenses: The Buyer is responsible for all costs associated with breeding the puppy/dog. These costs include, but are not limited to, obtaining health clearances, paying for stud fees, arranging transportation, covering veterinary expenses, and taking care of the mother and puppies during whelping and raising the litter.
Ongoing Communication:
Both parties agree to promptly notify each other of any changes in address, email, or phone number. The buyer agrees to:
a) Stay in contact with the breeder regarding the puppy/dog at least once a year and respond promptly to any inquiries from the breeder.
b) Inform the breeder of any titles earned by the puppy/dog as recognized by the Kennel Club or other registries.
c) Inform the breeder of any significant changes in the puppy/dog's health throughout its life, including conditions such as cancer, epilepsy, heart, eye or hearing problems, allergies, bleeding disorders, autoimmune diseases, and behavioral issues like fear, anxiety, or aggression. Additionally, the buyer must promptly inform the breeder of the details surrounding the puppy/dog's natural or accidental death.
Remedy for Mistreatment:
If the breeder believes that the puppy/dog is not being properly cared for, they have the right to have the puppy/dog examined by a licensed veterinarian. If the veterinarian determines that the puppy/dog has been mistreated, abused, or neglected, the breeder has the right to take full possession of the puppy/dog, along with its registered papers, and all warranties provided by the breeder will no longer be valid. It is important to note that if the breeder takes possession of the puppy/dog under these circumstances, the buyer will not be entitled to any refunds for payments made to the breeder.
Agreement to Mediate:
If a dispute arises concerning this agreement and cannot be resolved through negotiation, both parties agree to attempt mediation in good faith. The breeder will choose a mediator, and the parties will make an effort to settle the dispute through mediation before pursuing arbitration, litigation, or any other dispute resolution procedure. The mediation process will be confidential and conducted based on terms acceptable to the mediator and/or mediation service provider.
Governing Law:
This agreement, and all matters arising from it, will be governed by and interpreted in accordance with the laws of the State of Kentucky, without considering the conflicts of laws provisions.
Miscellaneous:
This agreement represents the entire understanding between the parties regarding the subject matter and supersedes any previous agreements, negotiations, discussions, or understandings, whether written or verbal. Neither party can assign, transfer, or subcontract any obligations or rights under this agreement without the written consent of the other party. Any changes or modifications to this agreement must be in writing and signed by both parties to be effective. If any provision of this agreement is found
BREACH OF CONTRACT: If the purchaser violates any of the terms and conditions stated in this contract/guarantee the puppy must be surrendered unconditionally to the seller. The seller will not refund any money, except as stated in the guarantee. The seller has the right to reclaim physical and legal ownership of the puppy without going through legal proceedings, and no refund will be provided. In case of a breach of contract by the purchaser, the purchaser will be held liable for damages equal to two times the purchase price of the puppy. Additionally, the purchaser must cover expenses for veterinarian care upon returning the puppy to the seller, as well as all attorney, legal, and related fees incurred during the litigation of this contract. Any legal action arising from this contract will take place in the county/city of the seller's residence, Irvington, Kentucky. This document is a legally binding contract governed by the laws of the State of Kentucky. Both the seller and purchaser agree and approve of all the terms and conditions outlined in this contract. There are no other conditions or guarantees, verbal or implied, and no deviations or additions to the contract are valid unless in writing. The only warranties or guarantees provided are those explicitly stated above. By signing this document, I acknowledge that it is a legally binding contract and I have reviewed and agreed to all the terms listed above. Failure to comply with this contract in its entirety will be considered a breach of contract and render it null and void. This contract is non-transferable and applies only to the original purchaser. The buyer automatically agrees to the terms of this contract upon submitting a deposit, even if both parties have not yet signed the contract. The buyer is responsible for all legal fees, collection agency fees, or any other fees incurred to enforce this contract. If a court rules in favor of the seller and enforces this contract in a dispute, the buyer will be responsible for all legal fees of the seller. The seller will not be held accountable for any vet or lawyer fees incurred by the buyer after the adoption. By signing this document, both parties confirm that they have read, understood, and agreed to the terms of this contract, and each party has a copy of the contract.