The following is a copy of our Contract, health warranty and spay neuter agreement
CONTRACT Of SALE, SPAY NEUTER AGREEMNT & HEALTH WARRANTY
This agreement is between:
Kippy’s Farm, LLC, with an address of ___________________ (the “Seller”), and the buyer _______INSERT BUYER NAME_____________ with an address of _____insert buyer address_____with a phone number of ____insert buyer phone number________ (the “Buyer”). Seller agrees to sell, and Buyer agrees to purchase the dog referenced below (the “Dog”) subject to the terms and conditions set forth herein.
It is agreed between the Seller and the Buyer that Seller shall sell and Buyer shall purchase the Dog as described herein:
Seller guarantees that at the time of delivery, the dog is in good health and has received proper health care including, but not limited to: worming treatments if necessary, first vaccination, and a thorough health check. All medical records for dog have been provided to Buyer along with recommendations Seller feels are important for the future health of dog. In addition, the Seller is hereby providing the health warranty found in Exhibit A attached herein and made a part hereof.
Buyer agrees to first contact Seller should it ever become necessary to re-home Dog. Seller will assist in rehoming the Dog or if possible, will take Dog back and once the Dog is re-homed will provide the re-home fee acquired to Seller. Buyer agrees to never relinquish the Dog to an animal shelter, rescue organization or puppy mill.
Under no circumstances shall the Seller be liable to the Buyer or to any third party for any consequential incidental or special damages resulting from or in manner related to the Dog.
Upon execution of this contract all veterinary care and its associated costs are the sole and exclusive responsibility of the Buyer.
HEALTH MAINTENANCE
Buyers agree to maintain this Dog in good health and provide routine preventative health care.
If any preventative health care has not been provided when necessary, or if veterinary records show Dog was allowed to become overweight, all health warranties hereunder will be void.
Seller assumes no responsibility for any health-related issues or loss of life due to reactions caused by vaccinations or flea & tick preparations administered either orally or on the skin surface.
TEMPERAMENT
Buyers understand that all puppies exhibit certain undesirable behaviors (nipping, chewing, barking, marking, etc). Buyers are responsible for appropriate training of Dog to correctly teach acceptable behaviors, and are responsible for proper socialization of the Dog. Buyer agrees to start providing obedience no later than sixteen (16) weeks of age and to continue with such training as long as necessary to establish a good foundation. Seller does not claim to be an animal behaviorist or a professional trainer.
PAYMENT TERMS Seller notes that the Dog has been paid in full. Buyer has paid Seller the sum of $3,500.00 which is the companion pet price for dog.
SPAY NEUTER AGREEMENT
Buyer agrees to the spay/neuter the Dog per the conditions set forth in Exhibit B, the Spay/Neuter Agreement, attached herein and made a part hereof.
FULL AND FINAL AGREEMENT
The parties agree that this writing represents the entire Agreement between them and that no other representations, either oral or written have been made regarding the Dog described above. The parties further agree that no changes in this contract shall be binding upon either of them without written modifications signed by both parties. Any disputes, mediation or legal proceedings will take place in the state of Connecticut. All legal fees and court costs necessary to enforce this consent will be the obligation of the Buyer including all those incurred by the Seller.
BILL OF SALE - This is the final bill of sale.
Seller _______________________________________ Date ______________________ Buyer _______________________________________ Date ______________________
EXHIBIT A
HEALTH WARRANTY
The following health warranty applies to the sale of the Dog:
In the even the Dog is found to have a health issue of such serious nature that the quality of life of the Dog will be shortened or seriously altered, Buyer shall have the right to return the Dog to Seller for a full refund of the purchase price so long as: (i) such request is made has THREE (3) days from the date Buyer receives the Dog from Seller and (ii) such request is accompanied by proof that the Dog was examined by a reputable licensed veterinarian and such veterinarian stipulates in writing the they have found the Dog to have a health issue of such serious nature that the quality of life of the Dog will be shortened or seriously altered. Proof of examination and diagnosis of serious health issue must be provided to Seller and Seller’s vet, should Buyer wish to request returning Dog for a refund. Any costs associated with for returning the Dog to Seller are the Buyer’s responsibility.
A warranty against all life-threatening genetic disease is provided for the Dog until two years of age. This warranty does not include any bite issues including base narrow canines or under bites. Seller will reimburse Buyer the veterinary costs up to 1/2 the purchase price of the dog, if dog is kept by Buyer, OR provide a replacement puppy to Buyer from a similar litter type subject to availability. Two independent veterinary examinations and reviews must be provided to Seller documenting the genetic health issue. Reimbursement of veterinary fees is provided to Buyer upon receipt of copies of the medical reports. Reports must state the treatments provided, and fees for the treatments. Seller will only reimburse for fees directly related to the genetic disease or condition. Seller will not be held responsible for the development of faults, diseases or disorders which are the direct result of environmental factors or Buyer’s negligence.
A warranty for HD (hip dysplasia) is provided for the Dog until two years of age. This warranty will be terminated should Dog be allowed to become overweight or developing joints be over stressed at any point during the warranty period. Veterinary medical records will be required showing the weight of dog and the veterinarian’s assessment of the weight. Should Dog be found to have HD within its first two years, Buyer must provide Seller with proof in the form of documentation from OFA or Dr. Wallace Penn Hip. Seller reserve the right to confirm the results before a replacement or refund is provided. Should results from OFA or Dr. Wallace Penn Hip indicate that an injury may have occurred that caused or contributed to the issue, no reimbursement or replacement will be provided.
Warranties shall apply only to the Buyer, the original purchaser. Transfer of Dog ownership shall void all such provisions of this agreement.
SELLER _______________________________________ Date ______________________
EXHIBIT B
SPAY / NEUTER AGREEMENT
Spaying/neutering by a licensed, reputable veterinarian is required on the Dog on or before nine (9) months of age. Proof of this, in the form of a certificate of spay/neuter from a reputable licensed veterinarian, must be forwarded to Seller within five (5) days of the procedure. Failure to timely supply said certificate will cause all warranties hereunder to be immediately void and Seller shall charge Buyer an additional $7,250.00 to cover the cost for a Breeder puppy. Such additional $7,250.00 shall be due immediately upon receipt of invoice. In addition, if the Buyer fails, for any reason, to timely spay/neuter the Dog, the Buyer agrees to pay for all fees, including but not limited to legal fees, court costs, depositions, telephone, veterinary examinations, etc. incurred by the Seller and its agents to enforce this contract.
It is understood at the time of sale that this Dog is not considered for breeding, it is a representative of its breed and is structurally and temperamentally suited as a companion and or obedience dog, and is being sold as a pet, without breeding rights.
Buyer _______________________________________ Date ______________________