Puppy/Dog Purchase Agreement & Guarantee

                                                           (Limited Registration)​                                                                       

The Breeder and Buyer agree as follows:

1. Deposit.  A (non-)refundable deposit of $300.00 (“Deposit”) shall be due and paid to Breeder before puppy pick placement can be established and execution of this Agreement can be carried out.  The Deposit shall be applied to the final Purchase Price (defined below).  Buyer acknowledges that the Deposit is non-refundable in all circumstances.  Puppy Pick goes in order of received deposit. However, if a puppy/dog that meets Buyer’s identified preferences is not available when it becomes Buyer’s turn to pick a puppy/dog from the selected litter, Buyer may elect to have the Deposit transferred to the next litter.  Deposit only can be made by Zelle, Venmo, Cash App or by Personal Check.  If paying by check, puppy will be marked pending once check is received and will then be marked unavailable once check clears Breeder’s bank account. Puppy will not leave breeder’s care until check clears bank.

2. Purchase Price.  The full purchase price of $2300.00 (“Purchase Price”) is agreed with the balance due in full (a) in cash upon Buyer’s pick up of the puppy/ dog or (b) by check at least two weeks before the puppy/ dog is delivered to Buyer. Any shipping and handling expenses such as but not limited to; flight nanny, airline fees, ground transport, are the responsibility of and shall be paid by Buyer.  Buyer understands and agrees that no puppy/dog will be shipped as cargo, and any ground transport must be approved and deemed appropriate for the health and well-being of the puppy/dog by the Breeder at least 2 weeks prior to puppy pickup day.  All payments due under this Agreement shall be made in U.S. Dollars and Final Payment paid to Breeder (a) in cash upon pickup of puppy/ dog or (b) by personal check at least two weeks before the puppy/ dog is delivered to buyer.  No puppy/dog will be released to buyer until all money has been received, and all checks have cleared Breeder's bank account.

3. Limited Registration.  The puppy/dog is a Multigenerational Goldendoodle registered/registrable with the Goldendoodle Association of North America (GANA) and is being sold with limited registration which does not allow breeding rights. The puppy/dog shall not be bred at any time and if pups are produced, such offspring will not be eligible for registration. If Buyer chooses to register puppy/dog with another registry, Buyer agrees to (a) use Breeder’s kennel name when registering the puppy/dog, (b) provide Breeder a photocopy of the puppy/dog’s registration as promptly as possible after receipt.  Buyer will not change the puppy/dog’s registration name without Breeder’s prior written consent and will never remove the kennel prefix from the puppy/dog’s registration name.  Buyer also agrees to never breed puppy/dog under the possibility of a different registration.

 

1. Unauthorized Breeding.  The puppy/dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited.  Much care and careful consideration is taken before each breeding to ensure the health of each dog, the protection/stability of the lineage, and the quality of the breed have not been compromised. Therefore, if at any time the puppy/dog has produced any offspring, (a) Buyer must return puppy/dog to Breeder immediately and pay Breeder $15,000.00 per litter of offspring and (b) all of Breeder’s warranties set forth in this Agreement will become null and void.

2. Breeder’s Obligation.  Breeder represents and warrants the following:

   1. 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.                                                                                                       

   2. 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 the 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 72 hours of receiving the puppy/dog (the “Examination Period”) for the guarantee in this section to be valid.  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 (x) any health issues caused by Buyer’s ill-treatment, abuse or neglect, (y) any health issues that result from puppy/dog’s transportation from Breeder’s kennel 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), UTI’s, vaginitis, umbilical hernias, improper bite, hypoglycemia, giardia or coccidiosis.  It also does not cover ingestion of foreign objects, food, chemicals, or other physical injury.

   3. Long-Term Health Warranty. Breeder provides a 2-year warranty from the puppy/dog’s date of birth (the “Warranty Period”) against any debilitating congenital condition.  Breeder will provide copies of Parent Dogs’ DNA Genetic and OFA Health testing to Buyer.  For purpose of this section, “Debilitating Congenital Conditions” (i) includes only those illnesses and conditions that parent dogs were tested for/cleared of through DNA Genetic and OFA Health testing and (ii) expressly do not include any other diseases, illnesses, or conditions.  In addition, for warranty to be valid, Buyer’s obligations as outlined in the “Buyer’s Obligations” section must be followed.  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 (or ask for second opinion from) a licensed veterinarian of Breeder’s choice for examination at Breeder’s expense.  If the puppy/dog should die from a suspected debilitating congenital condition within the warranty period, a necropsy must be performed, at the Buyer’s expense, by a veterinary teaching hospital or state licensed DVM acceptable to Breeder’s own veterinarian.  If the necropsy shows a debilitating congenital condition as the reason of the death, a written statement from the veterinarian must be provided to Breeder within 48 hours of the veterinarian necropsy and Breeder will provide Buyer with a replacement puppy of equal or greater value from Breeder’s next available litter. In the event of an undeterminable or inconclusive diagnosis, this warranty is null and void.

   4. 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 many (x) return the puppy/dog and receive a replacement puppy/dog from the next available litter of equal or better value or (y) keep the puppy/dog and receive reimbursement or any veterinary expenses related to the specific illness (provided that such reimbursements will not exceed the Purchase Price amount).  Should the puppy/dog be returned or exchanged according to the terms of this section, Buyer shall be responsible for any and all transportation expenses, veterinarian charges, crate fees, airline fees and transport fees.

   5. 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.

3. Buyer’s Obligations.  Buyer agrees to the following:

   1. Proper Care. Buyer will provide good and proper care of the puppy/dog.  Such care includes but is not limited to regular veterinarian 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.  Buyer will not leave puppy/dog solely in a backyard or kennel.  Puppy/dog will be allowed to spend substantial quality time in the home with family members.  The puppy is sold with the understanding that it will live and sleep inside the family home and become part of the family home dynamics (this is to assure proper development and maintenance of the temperament for which the animal was bred).  Buyer will provide a safe (preferably fenced) exercise area, as well as proper nutrition as described below.

   2. Proper Nutrition.  Buyer will feed a high-quality diet that is completely balanced for proper nutrition and because of the ongoing FDA studies on Dilated Cardiomyopathy, Breeder’s Health Guarantee can only be upheld if Buyer feeds a high-quality, Grain-Inclusive diet.

   3. Veterinary Care.  Buyer will also provide the following veterinary care:

      1. Routine vaccinations and/or titers to prevent infectious diseases.

      2. Routine treatment for internal and external parasites; and

      3. Annual examinations by a licensed veterinarian.  It is also recommended that Pet Insurance is purchased, and premiums maintained throughout the life of the puppy/dog to help with the expense of unexpected accidents and/or illnesses.

            d.    Care to Prevent Orthopedic Conditions.  Buyer will also provide the following  care:

1. Proper nutrition to support ideal growth and maintain optimum body condition.  Buyer will not overfeed the puppy/dog nor allow it to become overweight.

2. 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

3. 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.

           e.  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 any pet store.

f.   Restriction on Transfer.   Buyer agrees that under no circumstances should they ever surrender the puppy/dog to an animal shelter or rescue.  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/dog 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 nonrefundable deposit, applicable maintenance, boarding fees, training, veterinary and other costs.

         g.    No Transfer Outside 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.

h.   Spay/Neuter Provision.  The right to ownership of the puppy/dog is conditional upon Buyer paying all costs and expenses to spay/neuter the puppy/dog by the age of 24 months and providing proof of such spaying/neutering to Breeder immediately upon completion.  It is highly recommended to wait until the age 16-18 months to spay/neuter due to the recent UC Davis study that determined early spay/neuter doubles the risk of hip dysplasia developing.  Because of this study the Breeder’s health warranty for hip dysplasia will only be honored if spay/neuter is completed after puppy/dog is 18 months of age.

i.  Breech by Buyer.  Buyer’s breech of any of the foregoing obligations shall result in Breeder’s warranties set       forth in this agreement being null and void.

1. Ongoing Communication.  Both parties agree to promptly notify the other party of any change in address, 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 puppy/dog from Breeder; (b) inform Breeder of any major changes in the health of the puppy/dog throughout the puppy/dog’s life.  Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal’s death.

2. 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 Registration/transfer papers] 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.

3. 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 Arkansas without regard to the conflicts of law’s provisions thereof.  Furthermore, should legal action be sought for violations of this agreement, legal proceedings will take place in Craighead County; Arkansas and the Buyer will assume any and all attorney costs and court fees.

4. Miscellaneous.  This Agreement constitutes the entire agreement between the parties regarding the subject matter here in 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 enforceable.  This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. 

This agreement is made and signed by both parties to ensure the well-being and protection of this animal.       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 the Effective Date.

 

BREEDER: _________________        Buyer: ___________________