413-288-0861
Puppy Purchase Agreement & Guarantee
(Limited Registration)
This agreement (“Agreement”), dated as of _____________________ (the “Effective Date”), is between Alacia Hanke (“Breeder”), and _____________________ (“Buyer”). The subject of this Agreement is the below-described puppy.
● REGISTRY: American Kennel Club (AKC)
● REGISTERED NAME: TBD by new home
● SEX: female/male
● DATE OF BIRTH: TBD
● MICROCHIP #: implanted before go-home date
● SIRE: TBD
● SIRE REGISTERED #: TBD
● DAM: TBD
● DAM REGISTERED #: TBD
The Breeder and Buyer agree as follows:
Deposit. A non-refundable deposit of $___________ has been paid to Breeder. The Deposit shall be applied to the final Purchase Price (defined below). This payment has been done via cash, card or check. If paying with check, your puppy pick order is not finalized in our list until it has cleared in Breeder’s bank account [Buyer acknowledges that the Deposit is non-refundable in all circumstances.]
Purchase Price. The full purchase price of $____________ is agreed with the balance due in full (a) upon Buyer’s pickup of the puppy. If local delivery is needed, that price is not included in the above amount. All payments due under this Agreement shall be made in US Dollars and paid to Breeder via cash or venmo.
Limited
Registration. The puppy is a purebred Golden
Retriever and is registerable with AKC and is being sold with limited AKC
registration application. As such, the puppy is not eligible for
exhibiting in Conformation (but may compete in other performance events,
such as Agility, Obedience, and Rally). The puppy shall not be bred at any
time and if pups are produced, such offspring will not be eligible for AKC
registration.
Registration
by Buyer. Buyer
shall register the puppy/dog with AKC. Buyer agrees to (a) use Breeder’s
kennel name when registering the puppy (WildRoost), and (b) provide
Breeder a photocopy of the puppy AKC registration as promptly as possible
after receipt via photo/pdf in email. Buyer will not change the puppy’s
registration name without Breeder’s prior written consent and will never
remove the kennel prefix from the puppy’s name.
Unauthorized
Breeding. The puppy is being sold solely as a companion and
breeding of the puppy is expressly prohibited.If at any time the puppy/dog has produced any offspring, (a)
Buyer must return the puppy/dog to Breeder immediately and pay Breeder $5000
per litter of offspring and (b) all of Breeder’s warranties set forth in
this Agreement will become null and void.
Breeder’s
Obligations. Breeder
represents and warrants the following:
Ownership. Breeder is the lawful owner
of the puppy and has the right to transfer ownership of the puppy/dog to
Buyer. Ownership of the puppy will be transferred to Buyer upon Buyer’s
payment of the full Purchase Price and puppy being fully weaned.
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/dog examined by a licensed veterinarian within 72 hours of receiving the puppy for the guarantee in this section 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/dog “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/dog’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.
Long-Term Health Warranty. Breeder provides a 1-year warranty from the puppy’s date of birth against any debilitating congenital conditions. For purposes of this section, “debilitating congenital conditions”. In the event the puppy exhibits symptoms of a suspected debilitating congenital condition (hip/elbow dysplasia, congenital heart/eye defect), Buyer must immediately inform Breeder and supply any requested veterinary records to Breeder. Breeder will be given the opportunity to take the puppy to a licensed veterinarian of Breeder’s choice for examination.
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 that is identified within the warranty periods
described above, the Buyer may keep the puppy/dog and receive
reimbursement for any veterinary expenses related to the illness
(provided that such reimbursements will not exceed the Purchase Price
amount). Full records and veterinary statements are to be sent to breeder
for approval of refund.
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: (i) routine vaccinations and/or titers to
prevent common infectious diseases; (ii) routine treatment/prevention for
internal and external parasites; and (iii) 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; and
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 the puppy shall be used for purposes of vivisection or research. Buyer also agrees the puppy shall never 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, buyer must notify breeder immediately. Breeder has the first opportunity to regain ownership of said animal.
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.
Spay/Neuter Provision.
The right to ownership of the puppy is conditioned upon Buyer paying all
costs and expenses to spay/neuter the puppy no earlier than the age of 12
months or later than the age of 36 months and providing 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 $500 if puppy is not spayed/neutered in
accordance with this Agreement.
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.
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 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.
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, (a) Breeder has the right to take full possession of the puppy/dog 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.
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.
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.
IN WITNESS WHEREOF, Breeder and Buyer have executed this Agreement effective as of the Effective Date.
BREEDER: BUYER:
__________________________________ __________________________________