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IVY BORDEAUX
PUPPY PURCHASE CONTRACT
(SHOW-QUALITY)
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 one 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 _________ the Seller agrees to transfer in full ownership, subject to the Buyer’s Duty section below, one show-quality Dogue De Bordeaux puppies 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 __________________:
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Sire Dam
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SELLER’S
GUARANTY
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.
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 the breed.
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Seller
guarantees to the best of his or her knowledge that:
This
pup is from purebred Dogue De Bordeauxs
and can be registered with a legitimate show registry. These pups are free from genetic defects and possesses
all the attributes that are consistent with a show-quality dogue. This pup is free from conformational
faults that would designate them as a pet-quality dogue. In the event that either 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 these pups
regarding any promise made under the Seller’s Guaranty section or said guarantees are no longer
valid.
BUYER’S DUTY
Buyer, by signing this agreement, agrees to incur any and all transportation and
future veterinary costs associated with the purchase of these pups.
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 for
profit.
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 must have ability to
enter and leave a temperature controlled environment at his or her own discretion under these conditions.
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).
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SELLER’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.
VENUE CLAUSE
All disputes arising from this transaction shall be litigated in the
venue where this contract was entered
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
Address: _____________________________________________
Phone: 469-556-8916 Email: ivybordeaux@yahoo.com
_________________________________________________________________
Buyer(s) printed names
________________________________________
______________________
Buyer(s)
Signature
Date
Buyer(’s) Date(s) of
Birth__________________________________________
Home Address where dogue will reside:
Street___________________________________________________
City________________________ State______________Zip______________
Phone #’s: ________________________
Email(s): ___________________________
_________________________________________________________
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