Sample Contract
HEAVEN’S GOLDEN GATE KENNEL
Puppy Purchase Agreement (pet)
Printable Copy
As breeders, our main goal is to produce, by and through selective breeding, English Cream Golden Retrievers that possess the soundness, natural ability and personality reflected in the breed standard—and to do all that is possible to achieve and promote these qualities.
This agreement is made and entered into by and between the following persons, and is effective on this, the ______ day of_________________________, 20____.
Seller:
_____________________________________________
Anita Bycraft-Walker
Heaven’s Golden Gate Kennel
Buyer: (please print)
Name____________________________________
Address____________________________________________
City_______________________________ State_________ Zip__________
Phone _______________________Fax____________________________
Email______________________________________________
Buyer(s) signature:__________________________________________
NOTE: Please make all checks payable to: Anita Bycraft-Walker
Buyer shall give consideration in the form of the purchase price of $______________, and performance in accordance with the terms and conditions set forth in this agreement.
Seller shall give consideration in the form of delivering the purchased animal, and performance in accordance with the terms and conditions set forth in this agreement.
The Seller hereby accepts a non-refundable deposit of $500.00 (to be given/mailed to Seller with contract) toward purchase of the puppy identified below.
The full purchase price is $______________, and the balance of $______________ is due IN FULL before puppy is delivered by the Seller to the Buyer. Crate, shipping, and any additional handling expenses are the express responsibility of, and shall be paid by, the Buyer. The current flat rate for this service is Four Hundred Dollars ($400.00). Buyer agrees to this additional charge for this additional service.
Buyer initial here:___________
The Seller hereby sells and will deliver to the Buyer a ____(male) _____(female) Golden Retriever puppy, whelped on ________________________, 20_____.
Sire of this puppy is:___________________________________________________
owned by ______________________________________________________________.
Dam of this puppy is:___________________________________________________
owned by ______________________________________________________________.
SELLER REPRESENTATIONS AND LIMITED WARRANTY
Seller Representations. The Seller represents that:
the above puppy has been examined by a licensed veterinarian and found to be in good health.
the puppy is being sold as a pet and companion animal.
the application for registration of this puppy is limited* as defined by the American Kennel Club (“AKCâ€) and this puppy is not being sold for the purposes of breeding.
*Limited Registration means that the dog is registered with the AKC but no litters produced by the dog are eligible for registration. Dogs with limited registration may not be entered in breed competition(s) at Dog Shows but may compete in all other AKC events. The litter Owner may later apply to change this designation and have the dog given full registration privileges, but a fee and special application are required for this change. The unlimited registration can, at the Seller’s discretion, be obtained for an additional fee of $__________.
Seller’s Limited Warranty. Seller hereby warrants only the following:
Should the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary defects of the hips, elbows, eyes and/or heart, the Seller will (at the Seller’s sole discretion) take the puppy back and replace it with a puppy from another breeding, so long as said diagnoses and request for replacement occur within two (2) years of the animal’s birth date for any purchased animal suffering a hereditary defect(s) of the hip(s) and within one (1) year of the animal’s birth date for any hereditary defect(s) of the eyes, heart and/or elbow(s).
Buyer initial here:___________
Heaven’s Golden Gate Kennel makes no warranty as to the eventual personality of the animal due to the influence of environment and training techniques, or the lack thereof.
Buyer initial here:___________
No other warranty pertaining to merchantability of the animal purchased, fitness for a particular purpose, or any other type of warranty, whether explicit or implied, is given by the Seller. The
only warranty given is specifically stated above and limited to those terms.
Buyer initial here:___________
This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement.
Buyer initial here:___________
Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited Warranty.
Buyer’s signature:________________________________________
Veterinary Expenses Not Seller’s Responsibility. Heaven’s Golden Gate Kennel is in no way, nor shall it in any way be, responsible for any veterinary expense(s). This contract is void if the puppy purchased under this agreement is not examined by the Buyer’s veterinarian within three (3) business days of Buyer’s receipt of the puppy.
Buyer initial here:___________
***NOTE: All veterinarian fees and expenses shall be the responsibility of the Buyer. Under no circumstances shall Heaven’s Golden Gate Kennel, its owners, operators, or employees be held responsible for any expenses for any puppy not in the possession of Heaven’s Golden Gate Kennel.
Buyer initial here:___________
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE BUYER
The Buyer(s) agree(s) to the following:
Examination. The purchased puppy will be examined by a licensed Veterinarian within 72 hours of receipt. Proof of examination within 72 hours of receipt shall be provided to Seller, at Seller’s request, should Buyer request any adjustment of price or seek an exchange. If the puppy is returned due to illness (other than a hereditary defect as stated in Seller’s Limited Warranty above), a verified letter specifically addressing the purported illness is required from the veterinarian. This includes death or illness from any health condition deemed present prior to removal from Heaven’s Golden Gate Kennel premises.
Buyer initial here:___________
Acceptance of Animal “As-Is.†Buyer agrees that, after three (3) business days from the day upon which Buyer receives the animal purchased under this Agreement, Buyer accepts the animal “as is†except for any veterinary doctor confirmed issues or problems with the animal’s hips, elbows, eyes, and/or heart, as stated in the Seller’s Limited Warranty above.
Buyer initial here:___________
Medical Care and Treatment. Buyer further agrees, as part of Buyer’s performance under this agreement, that the purchased animal will be given proper medical care including, but not limited to, vaccinations and annual boosters, regular de-worming, adequate and proper shade, and housing in a fenced yard or kennel.
Grooming and Training. Buyer agrees that he/she will groom, train and care for this dog in a manner consistent with high quality animal husbandry practices and those endorsed by the Breeder and the AKC.
Naming. Buyer agrees that he/she will use the prefix Heaven’s Golden Gate Kennel at the beginning of the dog’s registered name.
Buyer initial here:___________
Never Surrender. Buyer agrees this dog will never be surrendered to any humane society, animal rescue group or animal shelter. Heaven’s Golden Gate Kennel will accept any dog that is unable to be cared for and shall assume ownership of, possession of, and responsibility for any such animal previously purchased from Heaven’s Golden Gate Kennel.
Buyer initial here:___________
Costs of All Returns. Should an animal purchased under this agreement be returned for any reason whatsoever, Buyer accepts responsibility for, and shall pay, without recourse against the Seller, any and all transportation expenses, veterinary charges, crate fees, air freight charges, and transport fees to and from the involved airports. Should an exchange animal be agreed upon, Buyer shall be responsible for any and all costs, charges, and/or fees associated with transportation of the exchange animal from Seller to Buyer.
Buyer initial here:___________
No Purpose Other than Having a Pet. Buyer agrees this dog will not be used for any purposes of research or vivisection and shall not be sold or given to any wholesale establishment, chain store, catalog sales house, pet store or puppy mill. Buyer agrees that the animal purchased from Heaven’s Golden Gate Kennel is purchased to be the Buyer’s pet.
Covenant not to Disparage. Buyer understands that the eventual personality and/or behavioral traits of the dog purchased under this Agreement cannot be guaranteed. As such, and knowing that any disparaging remarks against Heaven’s Golden Gate Kennel, its owners, operators, or employees will result in irreparable harm to Heaven’s Golden Gate Kennel and its business, Buyer agrees to refrain from making any disparaging remarks or comments, whether publicly or privately made, concerning Heaven’s Golden Gate Kennel, its owners, operators, or employees, or the dogs bred at, or purchased from, Heaven’s Golden Gate Kennel. Buyer agrees to pay liquidated damages of Five Thousand Dollars ($5,000) for each and every single disparaging remark made.
Buyer initial here:___________
GENERAL TERMS
Venue. The parties to this Agreement agree that venue for all disputes concerning this Agreement, or concerning the parties’ performance under this Agreement, shall be Washtenaw County District Court, Washtenaw County, Michigan, when the amount in controversy is less than Four Thousand Dollars ($4,000), and shall be Washtenaw County Circuit Court, Washtenaw County, Michigan, when the amount in controversy is Four Thousand Dollars ($4,000) or more.
Jurisdiction. The parties to this Agreement agree and consent to jurisdiction over them by the Washtenaw County District Court and the Washtenaw County Circuit Court, and agree to have either court exercise jurisdiction over them for any and all disputes concerning this Agreement, or concerning the parties’ performance under this Agreement.
Choice of Law. The parties to this Agreement agree that law governing any and all disputes concerning this Agreement, or concerning the parties’ performance under this Agreement, shall be the laws of the State of Michigan.
Attorney’s Fees. Should an action be brought in Washtenaw County District Court or Washtenaw County Circuit Court for purported violations of the terms of this Agreement, the prevailing party shall be entitled to an additional award of reasonable attorney’s fees and costs. The prevailing party shall be determined by the judge, magistrate, commissioner, or other judicial figure who presides over any such proceeding.
This Agreement has been read by, and is understood by, the Buyer. Buyer accepts, and agrees to, all terms contained in this Agreement and further acknowledges receipt of a copy of this Agreement.
___________________________________________________________
Buyer Signature
_________________________________________________
Date
___________________________________________________________
Seller (Heaven’s Golden Gate Kennel/Anita Bycraft-Walker)
_________________________________________________
Date