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The Patrick Stud Puppy Contract
This agreement is between The Patrick Stud hereinafter referred to as "Seller" and
Name: _______________________________________Street Address_________________________________
City/State/Zip code: ___________________________
Country:USA
Phone Number:
E-mail address:
Hereinafter referred to as "Buyer". The "Buyer" guarantees they are not a member of any HSUS organization or a representative or paid or unpaid volunteer for such an organization and is not law enforcement trolling for a raid or bust of dog breeders of any kind. Any business done is warranted by you to be a legitimate purchase of a pet for your family and not a set-up or some form of entrapment to facilitate the destruction of any dogs or pets, whether due to the breed, or not.This warranty includes any private investigation firms or anybody that is out to "get" dog breeders for whatever reason.Disclosure of your affiliation will be positively considered provided no deception on your part is occuring in this transaction or any communicatiions regarding this or any other transactions with us.
It is agreed between Seller and Buyer as follows:
1. DESCRIPTION OF DOG
The dog sold pursuant to the terms of this agreement is as follows
Breed: ______________________
a) SEX: Female__ Male____
b) EXTRA SERVICES:
Travel Crate,Shipping to be paid by buyer, ears cropping and tail docking, first shots and de-worming are included in the purchase price. The Patrick Stud does not normally ship dogs, pick up is up to the buyer.
2. LIMITATIONS OF CONTRACT
This contract applies to the original puppy and original buyer only and is nontransferable to a second party except as pertaining in paragraph 10b. No replacement puppy will be given if Puppy has been bred, neutered or spayed outside of the limitations of this contract. Buyer is responsible for transportation costs to and from The Patrick Stud residence on original and replacement puppy.
3. SELLER'S REPRESENTATIONS
a) As of the date of this agreement, Puppy is in good health and free of communicable diseases.
b) The Buyer has 72 hours in which to have Puppy examined by a veterinarian and to personally inspect Puppy. Buyer may return Puppy to Seller for a full refund for any reason within this period, providing Buyer agrees to pay all return transportation costs to The Patrick Stud residence.
4. BUYER'S REPRESENTATIONS
a) Buyer is completely satisfied with and waives any and all claims regarding the Puppy's conformation, and outward appearance (meaning Puppy meets the breed standard at this age).
5. CONSIDERATION (check one)
a) Puppy, identified in Section 1, is being sold for the sum of $____________ to be paid in full on ________.
b) Puppy, identified in Section 1, is being sold for the sum of $______.00 .$______ deposit paid on ___________ as a non-refundable deposit, the remainder to be paid in full on/by the time puppy is 6 weeks old.
We require a $500 Minimum Deposit to secure any puppy.
Deposits are NOT refundable. If you change your mind, decide that you do not want the puppy, decide to buy a puppy from somewhere else or find out that you cannot have a puppy; you will forfeit your deposit.
By placing a deposit, you agree and understand these terms. By placing a deposit on any puppy, you are making a legal agreement to purchase that puppy. Failure of the Buyer to complete the purchase would subject Seller to lost opportunities to sell the Puppy to some other Buyer and retention of the Deposit is meant to compensate Seller for his possible loss. This deposit signifies the intent on the part of the Buyer to follow through with the Purchase of the Puppy.
The Seller reserves the right to void the transaction if we learn of any reason why Buyer might not be suitable for the puppy –( i.e. Buyer is found to be an animal abuser, violent person, representative of a Pet Store, representative of a pharmaceutical research laboratory etc.) or uses the puppy/dog in any illegal enterprise.
In the case we find out that information you submitted on puppy application is not correct (you own dogs that we were unaware of, your place of residence has changed to a non suitable for a dog from The Patrick Stud) You would not get your deposit back and puppy will be reoffered for sale to some one else.
If the transaction is voided through some tragic accident the Puppy were to die or otherwise be seriously injured before it goes to its new home then, of course, the deposit will be returned to the Buyer; unless the Buyer wishes to apply the Deposit to another Puppy, if one is available, or to a puppy from the next available litter.
Balance of the purchase price for the puppy, any shipping and handling fees, if shipping is needed, are to be paid by the Buyer
NOTE: Puppies must be paid off by 6 weeks of age for shipment at 8 weeks of age. Puppies not paid off by 6 weeks, will be offered for resale. Exceptions to this rule should be stipulated in the "Special Provisions" section 10-f of this contract.
8. HEALTH/TEMPERAMENT
a) Seller guarantees that Puppy is in good health and has received appropriate medical inoculations and care including parvo inoculations and worming. Seller will provide Buyer with a medical chart detailing treatment Puppy has received under Seller's care, and future care Seller feels is essential to Puppy's well being.
b) Seller guarantees that Puppy is free of life threatening diseases or disabilities (i.e., parvo, etc.) for 72 hours after delivery to Buyer. Buyer may return Puppy to Seller for a full refund for any reason within this period, providing Buyer pay all return transportation costs to The Patrick Stud residence. Seller strongly recommends that Buyer have Puppy examined by a licensed veterinarian of Buyer's choice within 72 hours of receipt of Puppy. Remember, due to their age, your new puppy may not have had all their required vaccinations yet, and must never be exposed to other pets until your veterinarian has verified that all the pets in your home are completely healthy and free of parasites & infectious diseases. We advise you to have your new puppy vet checked the same day you get them, if at all possible. Failure to have your new puppy veterinarian checked within 72 hours, or failure to have all other pets in your home veterinarian checked before exposing your new puppy to them will void the 72-hour money back guarantee against infectious diseases.
c) Seller strongly recommends that Buyer attend obedience classes with Puppy and provide proper socialization opportunities for Puppy.
d) Seller shall not be held responsible for acts of Puppy.
e) Seller shall not be held responsible for the development of non-genetically derived disqualifying faults, diseases, or disorders.
f) Should Puppy exhibit aggressive behavior which Buyer deems intolerable and irreversible within 12 months after purchase, Buyer will provide Seller with proof that Puppy has been sufficiently socialized and that obedience classes and other structured training methods have been attempted with no results. Upon receipt of such proof, evaluations of Puppy will be scheduled with three recognized canine breeders or trainers, one to be chosen by Buyer, one to be chosen by Seller, and one to be chosen jointly. Should Puppy be deemed irreversibly aggressive by two of the chosen breeders/trainers, Buyer will arrange for transportation of Puppy back to Seller and Seller will then provide Buyer with a replacement puppy of similar quality as soon as such a puppy is available to Seller. If Puppy has not received adequate socialization, Seller will accept Puppy back but there will be no replacement or refund.
1. Should Buyer choose to keep Puppy and accept a replacement puppy, of similar quality, Buyer must pay any shipping or miscellaneous charges associated with transport of replacement puppy. Original Puppy must be spayed or neutered and spay/neuter certificate must be provided to Seller before replacement will be made. Seller will provide a replacement puppy as soon as such a puppy is available to Seller.
2. Should Buyer choose to relinquish ownership of Puppy to Seller, Buyer will pay the cost for any shipping or miscellaneous charges necessary for return transportation of Puppy to Seller and replacement puppy from Seller to Buyer.
9. MAINTENANCE
a) Buyer agrees to maintain Puppy in good health, provide routine preventative health care including, but not limited to the following: annual physical exams by a licensed veterinarian, annual vaccinations against DHLPP, annual fecal exams, continual heartworm prevention, and rabies vaccinations as mandated by Buyer's state and county of residence.
b) Buyer further agrees to provide proper exercise as indicated in order to maintain Puppy in proper weight and physical shape. A proper diet consisting of top-quality dog food shall be fed. It is NOT necessary nor advised to supplement unless directed to do so by your veterinarian. Foods NOT to be fed include highly commercialized brands with artificial preservatives. Vitamin E is an acceptable preservative.
c) During the life of Puppy, Buyer and Seller agree to notify each other, within 30 days, of any changes in address or phone numbers.
d) Buyer agrees that Puppy is NOT to be LEFT SOLELY IN A BACKYARD OR KENNEL and will be allowed to spend substantial quality time in the home with family members. Puppy is sold with the understanding that it was to go to carefully selected parties and the Buyer AVOWS that Puppy shall become a member of the family. (This is to assure proper development and maintenance of the temperament for which the animal was bred.)
10. MISCELLANEOUS
a) If it is reported and confirmed that Puppy is being abused or neglected by Purchaser, rights and ownership of Puppy will automatically terminate and revert back to Seller who may immediately assume possession. Buyer agrees Seller will REPOSSESS PUPPY UPON EVIDENCE OF NEGLECT AND/OR ABUSE and that Buyer will be responsible for Seller's fees and costs involved in repossession.This contract includes the use of any dog or puppy in any illegal way, in violation of municipal, state, or federal law.
b) Should Buyer choose to break any of the covenants of this Agreement, the remainder of the Agreement will be considered null and void, Seller will have the right to repossess Puppy and that Buyer will be liable for any costs involved in that repossession.
Buyer agrees that Seller shall have the right to enforce provisions of this contract in a court of law or through alternative dispute mediation. If legal action by Seller is necessary to enforce any provision, Buyer will pay for costs and fees incurred by Seller.
f) Special Provisions: LIQUIDATED DAMAGES
a) Seller has endeavored for many years to protect the breed and his dogs from improper ownership and treatment. If Buyer breaches Right of First Refusal
(10b) or otherwise improperly surrenders Puppy to another party
(10c), Buyer will pay liquidated damages to Seller of $3000.00
c) The reputation of Seller's kennel is the result of many years of work and professional experience, and inappropriate breeding of a bitch or dog of her kennel damages the reputation and value of his kennel name and of other litters. If Puppy has been sold as Pet quality (and has not self-corrected) and is to be spayed or neutered, intentional or negligent breeding of such Puppy is detrimental to the breed and to Seller's kennel name. Acknowledging the intrinsic value of Seller's kennel name and the difficulty of precise damage calculations for breach of the contract, Buyer agrees to pay Seller $3000.00 per puppy (alive or dead) born as a result of any such breeding.
11. SHIPPING STATEMENT: WE DO NOT SHIP DOGS IN THE US OR OVERSEAS.
Transport of your puppy is your responsibility. When the dog is picked up and out of our control we have no responsiblity in this matter after that. Please make sure you can make these arrangements before you contract to get a puppy or dog.
12.YOUR RESPONSIBILITIES:
It is your responsibility to take your new puppy to your veterinarian as soon as possible after they arrive in your home for a comprehensive health check-up. This is something that
needs to be done with a dog as well.
Under no circumstances should you ever surrender your dog to an animal shelter!
If you should ever find yourself in a situation where you cannot keep your dog, and you cannot find a suitable, loving home for them, we ask that you contact us for help. If necessary, we will gladly provide a loving home for them until they can be placed elsewhere.
By signing below you take complete and full responsibility for your dog !
By signing below, Buyer (s) declare(s) that _______________________ has read, understands and agrees to the above Contract
SELLER'S signature/date
BUYER'/S (1 or 2 ) signature/date and NOTARY SEAL AND DATE
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