WHY WE NEED
CONTRACT AND GUARANTEE
You are bringing home a family member who will be your companion and a pet. Well-bred, purebred puppies require a significant investment both by the new owner and the breeder. I care about my puppies and enjoy having cordial relationships with my puppy owners. I believe in having the expectations outlined in the form of a detailed and fair contract. This protects the puppy and our relationship. If you are considering a Moonrise puppy and have questions about the terms in this sample, please dont hesitate to ask.
Purchase Agreement and Warranty
Buyer________________________________ on _______________________
The subject of this Agreement is below described puppy/dog.
Call name __________________
AKC registered name______________________________________________________
AKC registration number_________________________
Sire ____________________________________________________________________
Dam____________________________________________________________________
Microchip #______________________________________________________________
Date of Birth:_______________Gender:_________
Color/markings _______________________
The above-mentioned purebred poodle puppy/dog is sold as a pet on Limited AKC registration without breeding rights and to be spayed/neutered at the appropriate age. At the time of sale, the puppy/dog is sound in temperament and body. The seller’s veterinarian has examined the puppy/dog, and is fit for the intended purchase purpose.
The Breeder and Buyer agree as follows:
The puppy/dog has been microchipped. The Breeder will provide microchip registration instructions and documentation for registration to be completed online, at the time of puppy/dog pick up.
Breeder’s Obligations:
Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer. Ownership of the puppy/dog will be transferred to the Buyer upon Buyer’s payment of the full Purchase Price.
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 and fit for the intended purchase purpose as a pet. The puppy has received regular preventative treatments for internal and external parasites. The breeder's veterinarian has vaccinated the puppy/dog and had the immunizations enumerated in the health records provided to the Buyer. The Buyer must, at its own expense, have the puppy/dog examined by a licensed veterinarian within 72 hrs of receiving the puppy/dog .The results of the examination will be shared with Breeder within 7 days from purchase. Failure to have the dog examined by a licensed veterinarian and provide the records to Breeder will result in this warranty to be void.
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, accidents, 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, hernias, retained testicle(s), missing or misaligned teeth/bite, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis, and those conditions which have been disclosed to the buyer prior to purchase and signing the agreement.
Long Term Health Warranty Breeder provides a 2 year warranty from the puppy/dog’s date of birth against debilitating and incurable congenital conditions and defects which prevent the puppy/dog from leading a life as a pet. For purposes of this section, “debilitating congenital conditions and defects” (i) include grade 3-4 luxatting patella, heart defects, moderate and severe Hip Dysplasia, Progressive Retinal Atrophy, Optic Nerve Hypoplasia, conditions incompatible with life and requiring humane euthanasia, and (ii) expressly do not include those -grade 1 and 2 luxating patella, fair and borderline hip ratings, IVDD, cataracts, allergies, non-hereditary autoimmune disorders, and conditions due to trauma, abuse, failure to maintain the general health of the dog, hypoglycemia or seizures due to hypoglycemia. This guarantee is void if the dog is found to be underweight/overweight, to lack proper veterinary care, to include proper vaccinations, deworming, and adequate and regular heartworm prevention.
Long Term Warranty - A diagnostic report by a Certified Veterinary Specialist with expertise in the condition against which a claim is made (Cardiologist, Orthopedist and other) must be provided to the Breeder by the Buyer upon Long Term Warranty claims. Breeder may have the said puppy/dog examined by a Veterinarian of their choice to verify the diagnosis. Buyer agrees to forward any x-rays, test results, and/or veterinary chart copies; give all contact information of the veterinarian making the diagnosis; and provide written permission to discuss the dog's health so that the Breeder and their veterinarian can have further discussions with the Buyer’s veterinarian.
Buyer may keep the puppy/dog and Breeder agrees to provide a replacement puppy/dog of equal value, from a litter with availability, once proof of spay/neuter and appropriate treatment of the condition has been provided to Breeder.
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 registr(y)(ies) transfer papers/registration 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.
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 by a Good Dog mediator 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 South Carolina 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 effective date:
(Limited Registration)
This agreement is made between Breeder Aleksandra Mitsel and theBuyer________________________________ on _______________________
The subject of this Agreement is below described puppy/dog.
Call name __________________
AKC registered name______________________________________________________
AKC registration number_________________________
Sire ____________________________________________________________________
Dam____________________________________________________________________
Microchip #______________________________________________________________
Date of Birth:_______________Gender:_________
Color/markings _______________________
The above-mentioned purebred poodle puppy/dog is sold as a pet on Limited AKC registration without breeding rights and to be spayed/neutered at the appropriate age. At the time of sale, the puppy/dog is sound in temperament and body. The seller’s veterinarian has examined the puppy/dog, and is fit for the intended purchase purpose.
The Breeder and Buyer agree as follows:
- Deposit A nonrefundable deposit of $______(“Deposit”) has been paid to the seller/breeder and Shall be applied to the final Purchase Price (defined below)
- Purchase Price. The full purchase price of $ _________ (“Purchase Price”) is agreed with the balance due upon pick up of the puppy/dog.
- Limited Registration. The puppy/dog is a purebred poodle registerable with AKC and is being sold with limited AKC registration. As such, the dog is not eligible for exhibition in Conformation in AKC, UKC or other registries but may compete in performance events such as Agility, Obedience and other. The puppy/dog shall not be bred at any time and if litters are produced, such offspring will not be eligible for registration with AKC or UKC.
- Registration Transfer. The puppy/dog has been registered/is eligible for Limited AKC registration. The Buyer agrees to maintain the Breeder’s kennel name as set by the Breeder. The Buyer will not change the puppy/dog’s registered name without Breeder’s prior written consent and will never remove the kennel prefix from the puppy/dog’s registered name.
The puppy/dog has been microchipped. The Breeder will provide microchip registration instructions and documentation for registration to be completed online, at the time of puppy/dog pick up.
- 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 a puppy/dog has produced any offspring, Buyer will pay the Breeder $___5000___ per litter.
Breeder’s Obligations:
Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer. Ownership of the puppy/dog will be transferred to the Buyer upon Buyer’s payment of the full Purchase Price.
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 and fit for the intended purchase purpose as a pet. The puppy has received regular preventative treatments for internal and external parasites. The breeder's veterinarian has vaccinated the puppy/dog and had the immunizations enumerated in the health records provided to the Buyer. The Buyer must, at its own expense, have the puppy/dog examined by a licensed veterinarian within 72 hrs of receiving the puppy/dog .The results of the examination will be shared with Breeder within 7 days from purchase. Failure to have the dog examined by a licensed veterinarian and provide the records to Breeder will result in this warranty to be void.
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, accidents, 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, hernias, retained testicle(s), missing or misaligned teeth/bite, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis, and those conditions which have been disclosed to the buyer prior to purchase and signing the agreement.
Long Term Health Warranty Breeder provides a 2 year warranty from the puppy/dog’s date of birth against debilitating and incurable congenital conditions and defects which prevent the puppy/dog from leading a life as a pet. For purposes of this section, “debilitating congenital conditions and defects” (i) include grade 3-4 luxatting patella, heart defects, moderate and severe Hip Dysplasia, Progressive Retinal Atrophy, Optic Nerve Hypoplasia, conditions incompatible with life and requiring humane euthanasia, and (ii) expressly do not include those -grade 1 and 2 luxating patella, fair and borderline hip ratings, IVDD, cataracts, allergies, non-hereditary autoimmune disorders, and conditions due to trauma, abuse, failure to maintain the general health of the dog, hypoglycemia or seizures due to hypoglycemia. This guarantee is void if the dog is found to be underweight/overweight, to lack proper veterinary care, to include proper vaccinations, deworming, and adequate and regular heartworm prevention.
- Returns/Refunds
Long Term Warranty - A diagnostic report by a Certified Veterinary Specialist with expertise in the condition against which a claim is made (Cardiologist, Orthopedist and other) must be provided to the Breeder by the Buyer upon Long Term Warranty claims. Breeder may have the said puppy/dog examined by a Veterinarian of their choice to verify the diagnosis. Buyer agrees to forward any x-rays, test results, and/or veterinary chart copies; give all contact information of the veterinarian making the diagnosis; and provide written permission to discuss the dog's health so that the Breeder and their veterinarian can have further discussions with the Buyer’s veterinarian.
Buyer may keep the puppy/dog and Breeder agrees to provide a replacement puppy/dog of equal value, from a litter with availability, once proof of spay/neuter and appropriate treatment of the condition has been provided to Breeder.
- 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.
- 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, proper and sufficient nutrition, regular grooming, training and having a pet health insurance for puppy/dog. 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.
- Grooming. Buyer agrees to have puppy/dog professionally groomed at every 4 week or less in the first year of life, starting once the puppy receives his second set of vaccination and is approved by Buyer’s veterinarian, and to spread out grooming to no longer than every 12 weeks (4-6 is ideal) after the first year from puppy/dog’s date of birth.
- Training. Buyer agrees to seek out positive reinforcement training for their puppy/dog and never use trainers and harsh training methods utilizing choke and prong collars and other aversive techniques.Buyer agrees to prepare themselves and their home for the puppy/dog arrival. MOONRISEPETS code has been provided to the buyer to use for 25% off of BAXTER AND BELLA ONLINE TRAINING SCHOOL LIFETIME membership to facilitate training up to modern standards.
- Pet Insurance. Buyer agrees to maintain sickness and accident pet insurance and set up their puppy with Trupanion within 24 hours of pick up using a promotional code provided by the breeder. Buyer agrees to provide the breeder with proof of coverage.
- Veterinary Care. Buyer will also provide the following veterinary care: (i) routine vaccinations and/or titers to prevent common infectious diseases; (ii) routine treatment 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 18 months and 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, repeated running up and down the stairs, exercise on sleek flooring 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 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.
- 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 payment due to Buyer.
- 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.
- 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.
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 registr(y)(ies) transfer papers/registration 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.
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 by a Good Dog mediator 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 South Carolina 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 effective date:
