If you choose to hold a puppy/dog with a Deposit, we have a Deposit Contract for your review and signature that explains the terms of the Deposit Agreement. We attach a Sales Contract to the Deposit Contract for your review and signature, also. If you choose to forgo the deposit, and pay in full, we would only use the Sales Contract. Please feel free to contact us with any questions or concerns about these Contracts. This Sales Contract is displayed here for your information. We will send you the Deposit and Sales Contracts for your use and signature.
Sales Contract
Whereas Archie J. and Carol A. Cook hereinafter called Seller are the owners of an American Kennel Club (AKC) registered puppy/dog described as:
Breed Havanese AKC/Litter Number ___________ Date of Birth ___________ Sire __________________________________ AKC Number ________________ Dam __________________________________ AKC Number ________________ Pet __ Show Potential __ Full AKC registration __ Limited AKC registration ___ Spay/Neuter Required ______________ By this date _____________________ And whereas ______________________________ herein after called Buyer is voluntarily entering into and agreeing to all terms delineated in this contract as witnessed by their signature(s) below, and is purchasing the animal described above for the total price of $ ________, based on a non-refundable deposit of $200.00 and a balance of $ _______, plus $ ________________ Shipping costs, due seven days before shipment.
Acceptable forms of payment are: Paypal, Cash, United States Postal Service Money Orders, and personal checks (which will delay shipment by ten days, until the check is cleared through the banks).
The Seller does hereby convey to the Buyer the above described animal under the conditions listed below and no other guarantees or conditions apply.
Conditions of sale are as follow:
All puppies/dogs at time of sale are in good health to the best of Seller's knowledge, and have received appropriate medical inoculations and care including distemper, parvo and rabies (if age-appropriate) and worming.
Seller will act as the Buyer's agent with regard to transportation arrangements, which may include health documents, inoculations, procurement of kennel, transportation to the airport, airline reservations, purchase of cargo insurance where available, and purchase of airline transportation. This agency ends at the time the animal is checked in at the carrier's Cargo Department.
Buyer agrees to have the puppy/dog examined by a veterinarian within 72 hours of Buyer's receipt of the animal, and should there be a serious problem, puppy/dog will be exchanged, provided it is returned within seven days of sale, accompanied by a veterinarian statement describing illness. Animal replacement would be a puppy of equal value, as determined by Seller, from Bless Your Heart's current or next available litter only, at the Seller's discretion. No cash refund is available. Parasites, change of food and/or water does not apply. Refunds will be excluded in the event of neglect, abuse, or accident, as determined by the Seller's veterinarian.
Seller will forward AKC registration form separately to Buyer after 72 hour evaluation period has ended and Buyer has properly informed Seller, and Paypal (if used) of acceptance of above described animal.
The Seller guarantees that for a period of two years, should above described animal develop any genetic abnormality that would significantly shorten the life span of the animal, attested to in writing to Seller by Buyer's veterinarian, and canine specialist, and/or Seller's choice of second opinion veterinarian, the Seller will provide Buyer with a replacement animal as soon as such a puppy is available (providing a communicable disease is not present that would endanger another puppy/dog). In this case, the Buyer must return the puppy/dog to the Seller at the Buyer's expense or make satisfactory arrangements with the Seller, to provide high quality medical care to the puppy/dog at Buyer's expense and maintain custody of the animal. If the Buyer does not wish to have a replacement puppy, the Seller will pay up to $500.00 toward medical expenses, but medically appropriate treatment must be administered. For example, juvenile cataracts are excluded from this guarantee, as they do not shorten the life span of the dog. Seller strongly recommends Canine Insurance on your puppy/dog.
The Seller neither makes nor implies any warranties or guarantees, expressed or implied, other than those written in the agreement including, without limitation the warranties of merchantability, fitness, breeding success, show success or house training. Seller also has no control over allergy, disapproval of landlord, etc., and assumes no responsibility for veterinary expenses.
If purchased with a Limited AKC registration, Buyer agrees to neuter or spay the above described animal by the age of seven months (within one month, if dog is older than seven months), and guarantees above described animal will not be used for stud or breeding. Proof of spay/neuter surgery must be provided to the Seller within 30 days of the surgery. Failure to spay/neuter animal and provide proof of surgery negates the health guarantee and Seller will have the right to repossess the above animal at the Buyer's expense.
Buyer also agrees that under no circumstances will the above described animal, or puppies produced by the above described animal, be sold or given to any pet shop, wholesaler of dogs, research laboratory or similar facility. In the event that the Buyer is responsible for the sale or gift of any of these dogs to the above mentioned organizations, the Seller shall have recourse in the courts for damages to their names and reputation in the financial sum of $10,000.00.
Buyer also agrees that in the event that Buyer can no longer take care of above described animal that Seller will be notified first and make every attempt to assist in proper placement of above described puppy/dog.
Refund policy is as follows: If puppy/dog is returned within 14 days, Buyer will receive a full refund, minus the $200.00 deposit and any travel or veterinary expenses incurred to get puppy/dog back to Seller. If puppy/dog is returned between 15 - 30 days, Buyer will receive a refund of 50% of purchase price, minus any travel or veterinary expenses incurred to get puppy/dog back to Seller. After 30 days, no refund will be issued and travel expenses still remain the responsibility of the Buyer. Refunds will be excluded in the event of neglect, abuse, or accident, as determined by the Seller's veterinarian. Seller has the option to verify the animal's health with Seller's veterinarian, prior to issuing refund. Refund will be made within 30 days of receipt of the puppy/dog by the Seller. Travel expenses are not refundable and may include health certificate, kennel, required inoculations, veterinary expenses and airline expenses.
Should Buyer choose to break any of the covenants of this Agreement, the remainder of the Agreement will be considered null and void, and Seller will have the right to repossess the above described animal.
Buyer and Seller agree that this Agreement will be governed by the laws of the State of Oregon and may not be altered, modified or rescinded unless agreed to in writing by Buyer and Seller.
This document constitutes the entire Agreement between the Seller and Buyer with respect to this sale. The Buyer's signature below indicates that Buyer has read, understands, and agrees to all the conditions of the Agreement.
The undersigned agree to uphold all covenants of this Agreement on this _________________ day of _______________, 20____.
Buyer __________________________________ Date_____________________ Buyer __________________________________ Date _____________________ Buyer Address _____________________________________________________ City, State and Zip Code ____________________________________________ Phone Numbers __________________ Email Address _____________________ Seller ___________________________________ Date ____________________ Seller ___________________________________ Date ____________________
