DOG/PUPPY SALES AGREEMENT
AND
HEALTH GUARANTEE
_______________________________________________________
THIS AGREEMENT is between _________________________ (Buyers) and Moonlight Farms (Seller) is effective as of the date of the last signature to appear below or holding fee is sent to seller and accepted by seller for purchase of new puppy/dog. This will then makes this contract legal and binding upon all parties thereto. Buyer(s) agree to buy and Seller agrees to sell the below described dog/puppy pursuant to all of the following terms :
BREED BIRTHDATE SEX
DESCRIPTION/COLOR
NAME: REG. #
SIRE:
DAM:
PURCHASE PRICE:
FOR THE FOLLOWING TERMS:
Agreement
DOG/PUPPY IS PURCHASED FOR COMPANION________BREEDING______
Unless purchasing a breeding puppy/dog, Buyer will not receive their limited registration papers until dog/puppy is spayed or neutered. If the dog/puppy has not been spayed or neutered by one year of age then registration papers are forfeited by the buyer. Seller does not guarantee the testicals to drop on a male dog/puppy sold as a companion. The Seller will not pay any additional cost of neutering said dog/puppy. This is the sole responsibility of the Buyer. If dog/puppy is purchased as a companion and the Buyer and Seller agree at a later date that this puppy is suitable for breeding then Buyer agrees to pay the additional price of __________ dollars as this would constitute the sale price of a breeding animal. Seller and Buyer may agree on a puppy back out of an approved male or female by both parties in exchange for the above amount. The additional amount would then be ___________ dollars and one puppy back in order to release the limited registration papers on the dog/puppy. These changes must be in writing and signed by both parties.
HEALTH GUARANTEE
Seller will provide vaccination record to buyer and guarantees the health of said dog/puppy for three business days from the date it leaves the possession of the Seller. The dog/puppy, if shipped, comes to you with a veterinarian’s health certificate and a record of vaccinations. We recommend that you take the dog/puppy to your own veterinarian (at Buyer’s expense) within the first 3 business days for your own satisfaction and protection. If you have other dogs/puppies, we also suggest you place the new arrival in quarantine during this time and follow the advice of your own veterinarian in regards to the length of the quarantine period. You, or your veterinarian, shall report to the Seller any medical problem within the guarantee period. If the dog/puppy is found to have a medical problem (within the 3 business days only), it must be reported in writing to the Seller within twenty-four (24) hours of its discovery. All veterinarian’s discovery, testing, and any information as to the health of the puppy/dog is to be sent to seller for sells inspection, by next day mail. All copies must be signed and dated by veterinarian for authenticity and legal use. Failure to make this report within this time frame will void this warranty. AT NO TIME AND FOR NO REASON WILL THE SELLER PAY FOR ANY VETERINARIAN BILLS FOR ANY PUPPY OR PUPPIES.
REFUNDS AND REPLACEMENTS AND EXPENSES: There shall be NO REFUNDS of purchase price, shipping charges or other costs. There shall be replacement of the dog/puppy only under the circumstances provided below.
1)
If the dog/puppy is found to be in unsound health with life threatening incurable diseases or viruses by a licensed veterinarian within 3 business days, the dog/puppy shall be returned to Seller or euthanized upon approval of Seller. Then Buyer may request replacement with another dog/puppy of equal value. Said replacement will be made as soon as a suitable replacement becomes available. A medical report signed by the examining veterinarian must be provided to the Seller prior to a replacement being made. There shall be no replacement unless under the Health Guarantee (within the 3 business day period) the only exception is as stated below. The Seller will not replace any dog or puppy that has not received adequate and appropriate care from its new owner. It is the responsibility of the Buyer to provide immediate veterinary care (at the Buyer’s own expense) to any dog/puppy showing signs of illness or distress and failure to do so will render any guarantee null and void. Under no circumstance is a dog or puppy to be destroyed prior to notification by the Buyer to the Seller. Any dog/puppy for which the Buyer expects replacement must be returned to the Seller (at the Buyer’s expense) so that identity of the dog/puppy can be verified. “Unsound health” shall be defined as any condition, which is “life threatening” or “incurable”, and shall not include curable conditions but not limited to infections such as colds, virus, bacterial infections, skin rashes, worms, coccidiosis, and giardia.
If the dog/puppy is found to be in unsound health with life threatening incurable diseases or viruses by a licensed veterinarian within 3 business days, the dog/puppy shall be returned to Seller or euthanized upon approval of Seller. Then Buyer may request replacement with another dog/puppy of equal value. Said replacement will be made as soon as a suitable replacement becomes available. A medical report signed by the examining veterinarian must be provided to the Seller prior to a replacement being made. There shall be no replacement unless under the Health Guarantee (within the 3 business day period) the only exception is as stated below. The Seller will not replace any dog or puppy that has not received adequate and appropriate care from its new owner. It is the responsibility of the Buyer to provide immediate veterinary care (at the Buyer’s own expense) to any dog/puppy showing signs of illness or distress and failure to do so will render any guarantee null and void. Under no circumstance is a dog or puppy to be destroyed prior to notification by the Buyer to the Seller. Any dog/puppy for which the Buyer expects replacement must be returned to the Seller (at the Buyer’s expense) so that identity of the dog/puppy can be verified. “Unsound health” shall be defined as any condition, which is “life threatening” or “incurable”, and shall not include curable conditions but not limited to infections such as colds, virus, bacterial infections, skin rashes, worms, coccidiosis, and giardia. 2)Should the dog/puppy die within One year of dog/puppy birthday as a direct result of an unknown (at the time of sale) congenital birth defect, said dog/puppy will be replaced only if an appropriate autopsy is performed by a licensed veterinarian and a veterinarian’s certificate is provided as proof of cause of death. Trauma, abuse or neglect will void the guarantee.
Should the dog/puppy die within One year of dog/puppy birthday as a direct result of an unknown (at the time of sale) congenital birth defect, said dog/puppy will be replaced only if an appropriate autopsy is performed by a licensed veterinarian and a veterinarian’s certificate is provided as proof of cause of death. Trauma, abuse or neglect will void the guarantee. THE BUYER assumes responsibility of all expenses incurred in relation to the dog/puppy after said dog/puppy leaves the possession of the Seller, as well as any expense incurred at the request of the Buyer before the dog/puppy leaves possession of the Seller. If for any reason the dog/puppy is returned to the Seller, BUYER agrees to pay all expenses, including shipping costs, mileage and re-examination expense of Seller’s veterinarian.
VACCINATIONS: Your dog/puppy has been has had the required vaccination series. We pride ourselves in raising healthy puppies. When said dog/puppy leaves our kennel, to the best of our knowledge, it is in healthy condition. However, in the event that said dog/puppy should be diagnosed with a medical problem that can be cured, this would not qualify for a replacement.
SHIPPING: All costs are to be paid by the Buyer, when purchasing a dog/puppy that must be shipped. Dog/puppy must be shipped ‘Prepaid’. Shipping costs will include all cost incurred by the Seller including but not limited to carrier, health certificate, Airline cost, etc. Specific shipping arrangements will be determined in advance and confirmed to Buyer by Seller, with the dogs/puppy’s best welfare in mind. This signed agreement must be returned prior to dog/puppy being shipped.
HOLDING FEES: A holding fee is placed to hold a particular puppy or a specific order to pick their dog/puppy for a buyer. All holding fees are non-refundable. The goal of our kennel is to place our dogs/puppies in loving homes in a timely manner so they may bond with their new family. If a dog/puppy is held specifically for a buyer, a change of mind can quite often jeopardize the chance for that particular puppy to be placed in a home while still at a desirable age. The minimum required holding fee amount is Two Hundred Dollars ($200.00) per dog/puppy. The Buyer has up until the puppy is 4 weeks of age to change to another puppy or apply the holding fee towards a puppy from a future litter. If the buyer chooses to except said dog/puppy or purchases a dog/puppy older then 4 weeks, the sale of said dog/puppy is considered consummated and Buyer agrees that at no time and under no circumstance is the seller obligated to deviate from this agreement. There by making the buyers holding fee nonrefundable and will not apply to the purchase of another puppy. In the event that Buyer decides not to purchase said dog/puppy, the $200 holding fee would be used to cover the non-specific expenses that the seller incurs in order to care for and resell the said dog/puppy. The dog/puppy must be paid in full one week prior to Shipping. When the sale of the dog/puppy is consummated, the holding fee shall be applied towards the purchase price.
Each dog/puppy will differ in the time needed to bond with its new family. Please give the dog/puppy ample time to adjust, especially if the dog/puppy has been shipped. A period of two to four weeks should be the very least amount of time allowed the dog/puppy for an adjustment period. Please give your new friend and family member a chance to bond with you and its new surroundings. Your new dog/puppy needs to feel safe and secure for its unique individual personality to surface.
THE BUYER becomes the owner of said dog/puppy upon Seller’s receipt of ‘Payment in Full’. The dog/puppy will be cared for by the Seller until the arranged shipping date or until Buyer is able to take possession of dog/puppy. This period of care is not to exceed fourteen (14) days from date of sale unless otherwise agreed to by Seller. In the event this exceeds the time period stated, Buyer agrees to pay board on said dog/puppy at a boarding charge of five dollars ($5.00) per day. Boarding charges are to be paid in full prior to shipping or release of said dog/puppy.
BREEDING ANIMALS: Breeder also does not guarantee the size of said dog at maturity, whether purchased for breeding, show exhibition or as a companion.
HOUSING, CARE AND TRANSFER TO THIRD PARTY: Buyer agrees that this dog/puppy will be kept in his/her own yard and not allowed to roam freely outside of Buyers yard. Under no circumstances will this dog/puppy be sent to a shelter or otherwise disposed of, nor shall this dog/puppy be sold, leased or given away to any pet shop, research laboratory or similar facility. If Buyer wishes to resell this dog/puppy, or becomes unable to, or no longer desires to care for this dog/puppy, Buyer must give Seller first right of refusal to purchase said dog/puppy. Buyer agrees that Seller has the right to retrieve said dog/puppy if buyer does not adhere to all provisions of this contract or if dog/puppy is being neglected or abused.
VENUE: If Buyer or Seller commences any legal action as a result of this contract, Buyer agrees that the place of venue for such action shall be Hopkins County, Texas. Buyer assents to personal jurisdiction within such venue regardless of their place of residence and agrees that any judgment obtained is enforceable within the jurisdiction that they reside in as if obtained within that jurisdiction. If for any reason Buyer decides to try to take action outside of Sellers place of venue (Hopkins County, Texas) then Seller may choose to file suit in Hopkins County, Texas, regardless of Buyers home jurisdiction, against the Buyer in the amount of five hundred dollars ($500.00) plus any and all addition expenses and loss of income caused by Sellers filling in the wrong jurisdiction.
FACSIMILE SIGNATURES: A facsimile signature shall be enforceable as an original if the original contract is lost, destroyed or otherwise unavailable.
TERMS: The use of the terms “dog/puppy” presents the same as the plural dogs/puppies, in the case of more than one dog/puppy being purchased under this sales agreement.
If Buyer chooses to make payment in part or in full prior to the signing of this sales agreement, the buyer then agrees to the terms and conditions of the sales agreement which then become binding and supersedes a signed hard copy.
THIS IS A READ ONLY VERSION OF THE CONTRACT THE PRINTABLE COPY IS ON THE NURSERY PAGE
