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Puppy Purchase Agreement

Puppy/Dog Purchase Agreement & Guarantee

(Limited Registration)

 

This agreement (“Agreement”), dated as of  __________________, 20__ (the “Effective Date”), is between Joanna 

Burress (“Breeder”), and ____________________________ (“Buyer”). The subject of this Agreement is the below-described puppy/dog (“puppy/dog”).

 

●        REGISTRY:                                    ______AKC____________

●        REGISTERED NAME:               ______________________

●        REGISTERED NUMBER:         ______________________

●        SEX:                                                  ______________________

●        DATE OF BIRTH:                        ______________________

●        MICROCHIP #:                            ______________________

●        SIRE:                                                 ______________________

●        SIRE REGISTERED #:               ______________________

●        DAM:                                                 ______________________

●        DAM REGISTERED #:              ______________________

 

The Breeder and Buyer agree as follows:

 

1.  Deposit. A non-refundable deposit of $500 (“Deposit”) [shall be due and paid to Breeder upon execution of this Agreement] [has been paid to Breeder]. The Deposit shall be applied to the final Purchase Price (defined below). Buyer acknowledges that Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected. Buyer acknowledges that the Deposit is non-refundable in all circumstances. However, if a puppy/dog that meets Buyer’s identified preferences is not available when it becomes Buyer’s turn to pick a puppy/dog from the selected litter, Buyer may elect to have the Deposit transferred to the next litter or have the Deposit refunded.

 

2.  Purchase Price.  The full purchase price of $_3,165_ (includes MO sales Tax) (“Purchase Price”)  is agreed with the balance due in full (a) at least  three days before the puppy/dog is delivered to Buyer or (b) 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 Good Dog through the personal link provided.  

 

3.  Limited Registration.  The puppy/dog is a purebred Golden Retriever registrable with the AKC and is being sold with limited registration. Breeder agrees to provide Buyer with all AKC registration papers.  As such, the puppy/dog is not eligible for exhibiting in Conformation (but may compete in other performance events, such as Agility, Obedience, and Rally). The puppy/dog shall not be bred at any time and if pups are produced, such offspring will not be eligible for AKC registration.

 

4.  Registration by Buyer.  Buyer shall register the puppy/dog with AKC. Buyer agrees to (a) use Breeder’s kennel name when registering the puppy/dog, and provide Breeder a photocopy of the puppy/dog’s AKC registration as promptly as possible after receipt. Buyer will not change the puppy/dog’s registration name without Breeder’s prior written consent and will never remove the kennel prefix from the puppy/dog’s registration name.

 

5.  Unauthorized Breeding.  The puppy/dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited. If at any time the puppy/dog has produced any offspring,  Buyer must  pay Breeder $5,000 per litter of offspring and all of Breeder’s warranties set forth in this Agreement will become null and void.

 

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

 

  1. Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to Buyer. Ownership of the puppy/dog will be transferred to Buyer upon Buyer’s payment of the full Purchase Price.

     

  2. State of Health; Short-Term Health Warranty. The puppy/dog was previously examined by a licensed veterinarian and was found to be in good health at that time and 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(or a longer period of time with Breeder’s prior written consent if Buyer notifies Breeder that Buyer is unable to obtain an examination because of reasons related to COVID-19) of receiving the puppy/dog (the “Examination Period”) for the guarantee in this section to be valid. If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the puppy/dog 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 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 colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus and distemper), UTIs, vaginitis or umbilical hernias.

  3. Long-Term Health Warranty. Breeder provides a 26 month warranty from the puppy/dog’s date of birth against any debilitating   congenital conditions. For purposes of this section, “debilitating congenital conditions”  include severe hip dysplasia requiring    surgical intervention, or eye, elbow, or cardiac issues requiring surgery or that are life threatening, and expressly do not include those that are environmentally induced such as obesity or nutritional deficits  that affects the dogs joints and are the fault of the buyer.   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. Breeder will be given the opportunity to take the puppy/dog to a licensed veterinarian of Breeder’s choice for examination. 

 

  4.  Returns/Refunds.  If it is determined by a licensed veterinarian that the puppy/dog  was “unfit for purchase” or has a genetic       

      disorder that is identified within the warranty periods described above, the Buyer may keep the puppy/dog and receive 

      reimbursement for the full purchase price of the dog/puppy.  At breeder’s discretion, Buyer may also be given the choice to r   

      return puppy/dog for a refund of purchase price while applying the deposit to another puppy/dog. 

   5.  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.


 

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

 

  1. 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. By signing this contract, new owner has read and therefore understands the addendum provided for appropriate exercise and care of dog.  

 

  2.  Veterinary Care. Buyer will also provide the following veterinary care: routine vaccinations and/or titers to prevent common       

        infectious diseases; routine treatment for internal and external parasites; and  annual examination by a licensed veterinarian.

 

   3.  Care to Prevent Orthopedic Conditions. Buyer will also provide the following care:

 

      1.  Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor     

         allow it to become overweight or severely underweight.

 

      2.  Proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging) until the 

           puppy/dog is at least 18 months old or the activity is approved by a licensed veterinarian; and

 

      3.  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.

 

      4.  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.

 

      5.  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.

 

      6.  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.

 

      7.  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 no earlier than the age of 18 months old  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/dog is not spayed/neutered in accordance with this 

             Agreement.]
 

      8.  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.

 

8.  Ongoing Communications.  Both parties agree to promptly notify the other of any change of address, email or phone number for

     the first two years after purchase of the dog or puppy.  Buyer agrees to  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; (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.

 

9.  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 its duly signed AKC transfer

    papers/registration 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. 

 

10.  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.

 

11.  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 Missouri without regard to the conflicts of laws provisions thereof.

 

12.  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 :

 

 

__________________________________                                __________________________________

 

Name:                ___________________                                 Name:              ___________________

Address:      ___________________                                 Address:   __________________________   ___________________

___________________                                                             ___________________

Email:          ___________________                                 Email:          ___________________

Phone:           ___________________                                 Phone:           ___________________

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