Purchasing Contract
By placing a deposit and filling out our application you’re agreeing to ALL TERMS OF THIS CONTRACT WITH OR WITHOUT A SIGNATURE!
Puppy/Dog Purchase Agreement & Guarantee
This agreement (“Purchasing Contract”), dated as of _____ 20__ (the “Effective Date”), is betweenThe V6 Ranch Cattle and K9 Co. LLC__ (“Breeder”), _____ (“Buyer”). The subject of this Agreement is the below-described puppy/dog (“puppy/dog”).
● SEX:
Breed:
The Breeder and Buyer agree as follows:
1. Deposit. A [non-]refundable deposit of $ 250.00 “Deposit”) [shall be due and paid to Breeder upon execution of this Agreement]. 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 as Breeder cannot control Mother Nature.] [Buyer acknowledges that the Deposit is non-refundable in all circumstances and once you pick and reserve a puppy your deposit is null and void if you back out on purchasing that puppy.]] [[Buyer understands that this deposit can be moved to a different litter if buyer cannot pick a puppy when it is their turn and they have not already reserved a puppy.]] [Buyer agrees, this deposit is good for 3 years. If breeder has the breed of puppy available at-least once and buyer does not pick a puppy within 3 years the buyer agrees that the deposit is then void.] [Breeder agrees to refund this deposit if the breed of puppy buyer is placing the deposit on is not produced at least once within 2 full calendar years of date the deposit was received from buyer.] [In the case of death (out of the breeders’ control) after a puppy has been picked by the buyer, breeder will give buyer the option of one of the available pups or first pick of the next litter.]
2. Purchase Price. The full purchase price of $0,000.00 “Purchase Price”). Leaving a balance of $000.00 All remaining payments in the amount of $000.00 due under this Agreement shall be made in US Dollars and paid to Breeder via [cash ONLY at pick up]. If cash is not brought at pick up, buyers deposit will be forfeit and puppy will become breeders' property again. << If requesting to pay via credit card— a payment link can be sent but there is a processing fee>>
3. Limited Registration. The puppy/dog is being sold as a pet only and must be spayed / neutered at buyer’s expense following the outlined details below.
4. 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, [(a)] Buyer must return the puppy/dog to Breeder immediately [and pay Breeder $_____$5,000__________ per litter of offspring] and (b) all of Breeder’s warranties set forth in this Agreement will become null and void.
5. Breeder’s Obligations. Breeder represents and warrants the following:
a. 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].
b. State of Health; Short-Term Health Warranty. The puppy/dog (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 24 hours of receiving the puppy/dog (the “Examination Period”) for the guarantee in this section to be valid. All guarantees will be void if the puppy is not examined by a licensed vet within 24 hours of pickup from the breeder with proof of the examination sent to the breeder. No exceptions.
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 [by the veterinarian’s office] within 24 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, (car sickness, hypoglycemia, etc) and (z) all minor illnesses and health issues, including upper respiratory infections (kernel cough), allergic reactions, stress colitis/diarrhea, internal or external parasites (including worms or coccidiosis) or contagious viruses, UTIs, vaginitis or hernias, grade 1 or 2 grade murmurs. Which are all common in puppies/dogs and treatable. Parvo is also not included in this guarantee. Your puppy has only had one set of shots. He/she will not be protected from parvo. The breeder is not responsible for what the puppy comes into contact with after leaving the breeders care. {Please do not set your puppy down in a public place (ANYWHERE) until he/she has had all of their shots}. This includes your car ride home. Your puppy should not be allowed to potty in public places until all shots are finished. This includes on your way home, at your vet or any public location (CARRY YOUR PUPY!!!) Use pee pads if needed away from home.
d. Returns/Refunds. If it is determined by a licensed veterinarian that the puppy/dog (i) has a genetic disorder that is identified within the warranty periods described above (24 hours of pickup).
e. 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.
f. Buyer is responsible for all vet bills acquired from the time of pickup and after. Breeder is not responsible for any vet bills pertaining to the dog/puppy after the buyer has taken possession of the dog/puppy.
g. Breeder cannot guarantee size or coat type of the dog/puppy. Genetics are not always predicable.
6. Buyer’s Obligations. Buyer agrees to the following:
a. 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.
b. 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.
c. Care to Prevent Orthopedic Conditions. Buyer will also provide the following care:
i. Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight.
ii. 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
iii. 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.
d. Sale Prohibition. Buyer is not acting as an agent in the purchase of the puppy/dog. Buyer agrees the puppy/dog shall NOT be used for purposes of vivisection or research. Buyer also agrees the puppy/dog, shall NOT be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house or pet store.
e. 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.
f. 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.
g. 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 later than the age of _9 months__] and providing proof of such spaying/neutering to Breeder immediately upon completion. [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 $5,000 if puppy/dog is not spayed/neutered in accordance with this Agreement.]
h. Breach by Buyer. Buyer’s breach of any of the foregoing obligations {including 24-hour vet check} shall result in Breeder’s health warranties set forth in this Agreement being null and void.
7. 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; (b) 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.
8. 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 (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.
9. Indemnity: Buyer agrees that if his or her actions or failure to act result in any claim, suit, loss, damage, injury, death, or liability, the buyer will defend, indemnify and hold breeder harmless and will pay all the breeder’s cost and expenses including reasonable attorney fees any amount paid in settlement and any award of judgment. Release of Claims: The buyer releases the Breeder from, and all liabilities or damages caused by this dog after placement. These damages include, but are not limited to, destructions of property and or physical damage to any person or property at any time following pickup day by the buyer.
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 [Texas] within the county the breeder resides, without regard to the conflicts of law’s 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.
This Agreement may be executed by electronic signature (DocuSign), 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.
· Buyer is responsible for paying ALL flight nanny (fees — including breeder feeds and flight fees) deposits and/or final payments. Buyer understands breeder has to agree to the date & times to meet with the flight nanny.
BREEDER: Tyler & Charli Vernon
Email: TheV6Ranch@gmail.com
Phone Number: 479-233-2425
BUYER:
Signature
Email:
Phone