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PUPPY PURCHASE CONTRACT
This contract is hereby being entered into between Matt Ivy (IVY BORDEAUX), hereinafter collectively referred to as Seller, and _______________________________________________, Buyer(s), to reflect the sale of a Show-Quality Dogue De Bordeaux Puppy. Any subsequent modifications of this contract will be subordinate to this original document and all guarantees are valid for three years from the date of birth of this puppy. In consideration for the purchase price of $_____ dollars, the Seller agrees to transfer in full ownership, subject to the Buyer’s Duty section below, a show-quality male/female Dogue De Bordeaux puppy to Buyer upon the signing of this contract. For identification purposes, Seller acknowledges that this puppy was sired and whelped by the following dogues on the ______ day of _________:
Sire’s AKC Registration Number:
Dam: _______________________ __________________
Dam’s AKC Registration Number:
The following guarantees apply only to the puppy being purchased with this transaction and are null and void to subsequent purchasers of this puppy. Guarantees are valid for a period of three years from the date of birth with notice to seller. Any breach of the duties listed in the Buyer’s Duty Section will render these guaranties NULL AND VOID.
Seller guarantees to the best of his or her knowledge that:
In the event that this puppy should develop and be diagnosed by a licensed veterinarian with a congenital defect as described below, buyer may return this dogue for a full refund or, upon proof of defect as described below from a licensed veterinarian, buyer may keep the dogue and receive a refund for fifty percent (50%) of the purchase price. Seller, at his option, reserves the right of confirmation of this proof of defect by a licensed veterinarian of Seller’s choosing before any money is refunded. If there are conflicting diagnoses, the Buyer(s) agrees to the Seller’s choice of veterinarian’s diagnosis.
Defects specifically include congenital heart defects, hip or elbow dysplasia to such a degree as to significantly impair basic functionality of the dogue on a daily basis, generalized and persistent demodectic mange, and any other defect which significantly impairs the overall health of the dogue insofar as such defect significantly reduces the life expectancy of the dogue or severely restricts the dogue’s day to day functionality. In all defects not listed above, this guaranty will cover those instances where the dogue is unable to function in a reasonable manner on a daily basis or situations where the defect will significantly reduce the life term for the dogue in comparison with the average life expectancy for this breed.
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This puppy is a purebred Dogue De Bordeaux and can be registered with a legitimate show registry.
This puppy is free from genetic defects and possesses all the attributes that are consistent with a show-quality dogue. This puppy is free from conformational faults that would designate her as a pet-quality dogue. In the event that this puppy naturally develops a fault that would preclude him or her from being show-quality, the buyer is entitled to a refund in the difference between show and pet quality price not to exceed $500. Such faults must not be the result of buyer negligence or the result of an injury sustained by the dogue while owned by the buyer. A confirmation judge recognized for this breed by AKC must confirm such faults. Buyer(s) would be responsible for getting a written copy of this confirmation to the Seller, unless Seller agrees this is not necessary. Seller reserves the right to have fault confirmed by an AKC confirmation judge of Seller’s choosing.
BUYER’S REMEDY AGAINST SELLER
Buyer(s) remedy for damages arising from the breach of this agreement are limited to the remedies available in the Jurisdiction where the contract is entered into pursuant to the Venue Clause at the end of this agreement (to the extent recovery of such damages have not been waived by Buyer). Regardless of any waiver by Buyer for breach of contract, Buyer will still retain the common law remedies of fraud and misrepresentation for any bad faith by Seller in entering into this contract as well as any other common law remedy available to Buyer by law. Buyer must give notice within three years’ time from the date of birth of this puppy regarding any promise made under the Seller’s Guaranty section or said guarantees are no longer valid.
Buyer, by signing this agreement, agrees to incur any and all transportation and future veterinary costs associated with the purchase of this puppy.
Buyer agrees to use the breeder name IVY BORDEAUX in front of the official registered name of this puppy followed by buyer’s chosen registered name when applying for a pedigree.
Example: If you were to want the registered name of this dogue to be Spike, you must register the dogue’s name Ivy Bordeaux’s Spike
Buyer agrees to maintain the health and well-being of the puppy to include routine shots and vaccinations, preventative medication for heartworms and parasites, routine exercise, and proper socialization.
The following terms (A – E) are specifically tailored with the health and welfare of the dogue in mind and any violation of these terms will automatically void this contract and ownership rights will automatically revert back to seller without benefit of equitable redemption or compensation.
A. Buyer agrees that he/she is not in the business of or acting
in an agency capacity for purposes of buying, selling, or transporting puppies
B. Buyer also agrees that he/she will not use this dogue for sport fighting or associate this dogue in any way with the sport of fighting dogs.
C. Buyer agrees that he/she will NOT breed this dogue prior to 18 months of age if this dogue is female or 12 months of age if this dogue is male.
D. Buyer agrees that this dogue will not be abused or neglected and that when outside temperatures are above 85 degrees or below 40 degrees Fahrenheit, this dogue will not be left outside. It will have ability to enter and leave a temperature controlled environment at his or her own discretion.
E. Buyer agrees that Seller will have first right of first refusal to re-purchase this puppy if it becomes necessary to sell this puppy or place him or her in another home. If dogue is refused by Seller, buyer must provide names, address, and phone numbers for new owner(s).
REMEDY AGAINST BUYER
If buyer should breach any of the Buyer’s duties listed above and/or grossly neglect the duty to maintain the dogue’s health and well-being then seller is entitled to the immediate physical return of the dogue without buyer benefit of equitable redemption or compensation.
All disputes arising from this transaction shall be litigated in the venue where this contract was entered
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into. This agreement, for venue purposes, will be deemed to be entered into within Dallas County in the city of Dallas, Texas unless expressly stated to the contrary within the actual agreement.
We, the undersigned, have read, understood, and agree with the terms of this agreement. Buyer(s) and Seller both acknowledge that they are over the age of eighteen (18) years and possess the requisite capacity to enter into a legally binding contract.
SELLER, IVY BORDEAUX, Matt Ivy Date
Phone: 469-556-8916 Email: email@example.com
Buyer(s) printed names
Buyer(s) Signature Date
Buyer(’s) Date(s) of
Home Address where dogue will reside: Street___________________________________________________
Phone #’s: _________________ Email(s): ___________________________