Purchase Agreement and Guarentee
Contract Updated 03-29-24
The Breeder and Buyer agree as follows:
Deposit. A non- refundable application fee of $500 and a deposit of $175 has been paid to Breeder. The Application Fee and Deposit shall be applied to the final Purchase Price. [Buyer acknowledges that Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected.] [Buyer acknowledges that the Application fee and Deposit is non-refundable in all circumstances.] [However, if a puppy/dog that meets Buyer’s identified preferences has not become available after a year of litters the Application Fee will be refunded.
Limited Registration. The puppy/dog is a purebred poodle registrable with American Kennel Club and is being sold with limited AKC registration. [Breeder agrees to provide Buyer with all AKC registration application 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.
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 $1,000 per litter of offspring] and (b) all of Breeder’s warranties set forth in this Agreement will become null and void. Buyer agrees that the dog will be spayed/neutered no later than two years of age and will not allow an accidental breeding to take place.
Breeder’s Obligations. Breeder represents and warrants the following:
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].
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 with the report emailed to the Breeder within 72 hours of receiving the puppy/dog (the “Examination Period”) for any part of the health guarantee to be valid. We recommend scheduling this appointment before coming to pick up your puppy. 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 all monies paid to the Breeder. 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 (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 and (z) 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), UTIs, vaginitis or umbilical hernias. If the puppy were to die and the Buyer requests a replacement puppy the Buyer understands that they must have a necropsy performed by a State Laboratory, at their expense to determine the cause of death. The puppy will be replaced or refunded, only if the death was caused by a covered genetic problem or an illness which the puppy had at the time of purchase. At no time is the Breeder ever responsible for any vet or medical costs after the puppy/dog has left our care and has been transferred to the Buyer.
Long-Term Health Warranty. Breeder provides a one-year warranty from the puppy/dog’s date of birth against any debilitating congenital conditions. For purposes of this section, “debilitating congenital conditions” (i) include Degenerative Myelopathy, GM2 Gangliosidosis (Poodle Type) Osteochondrodysplasia, Progressive Retinal atrophy, Progressive rod-cone degeneration, and (ii) expressly do not include those internal or external parasites, hernia, undescended testicles, under or overbite, injuries, allergies, heat exhaustion, or hypoglycemia. Hypoglycemia is preventable with good care and feeding. Because a luxating patella, hip dysplasia or collapsed trachea can be caused by injury, they are not covered if they are not discovered during your veterinarian's initial examination. Kennel cough and other communicable diseases are not covered after your veterinarian's initial examination. (iii.) 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. (iv) You must notify the Breeder immediately if your puppy becomes ill, isn’t eating well, or shows any unusual signs of distress for a period of thirty (30) days from the date of purchase. (v) Failure to follow the medical advice and/or treatment instructions of veterinarian or Breeder will void this guarantee. Breeder is not responsible for any veterinarian bills after leaving our home unless previously agreed to in writing by the Breeder.
Returns/Refunds. If it is determined by a licensed veterinarian that the puppy/dog (i) was “unfit for purchase” or (ii) has a genetic disorder that is identified within the warranty periods described above, the Buyer may return the puppy for a replacement puppy. If the puppy is replaced, it will be replaced with one of equal value as soon as one becomes available and only after the puppy and all papers have been returned (in satisfactory condition) to Breeder unless Breeder determines a refund is more appropriate. Buyer is responsible for providing all transportation and transportation related costs of transporting puppy/puppies back to the Breeder in Martinsville IN. Puppy must not be euthanized without prior written approval from the Breeder or this guarantee is void. Buyer understand that the puppy will only be replaced if health problems are life threatening and are attributed solely to a hereditary problem and are not due to accident or injury. Breeder will do their best to replace the puppy with one that is as close the puppy’s size and color as they can but Breeder do not guarantee that a replacement puppy will be the same size or color. Decision to provide a refund is at the sole discretion of the Breeder and a replacement puppy is our usual choice.
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.
Buyer’s Obligations. Buyer agrees to the following:
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.
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 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 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 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.
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.
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 two years old and providing proof of such spaying/neutering to Breeder immediately upon completion (if requested by Breeder).
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.
Ongoing Communications. Both parties agree to promptly notify the other of any change of email or phone number. Buyer agrees to (a) 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; (b) inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel Club or other registr(y)(ies) and (c) 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. The Buyer allows the Breeder to use any pictures or updates sent to Breeder or posted of the dog that the Buyer posts on social media for the purpose of reposting and sharing on Facebook, Instagram, their website, Twitter, YouTube, etc. or in any manner they choose.
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 Indiana without regard to the conflicts of laws provisions thereof.
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, (made by submitting the application) which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature until the ownership of the puppy is transferred and at that time the physical copy of the contract shall be the binding contract.