The following representations and conditions which have been initialed by Seller and Buyer apply to the sale of the aforementioned dog:
- Buyer may, within 72 hours of receiving the dog into his/her possession, return the dog to seller in the same condition delivered, without question. Buyer will be subject to a restock fee of 25% of the dog’s purchase price. The cost and related expenses of returning the dog to seller’s place of business shall be buyer’s sole obligation. If buyer decides not to take delivery of the dog the re-stock fee still applies as a non-refundable deposit.
- The dog will have passing hip certification from a recognized registry (i.e. SV, USA, OFA). If not, Seller agrees to provide current hip x-ray at time of sale showing no evidence of debilitating hip dysplasia. If too young for x-ray puppy will not have developed debilitating hip dysplasia within one year of age.
- Buyer agrees pursuant to purchase of puppy that the dog will be registered under the kennel name of the Seller.
- As of the date of delivery, The puppy/dog is in good health and free from communicable diseases.
- Dog/puppy will receive full registration from country of origin within one year.
- Buyer is aware that if the deposit is for a puppy not yet born it is possible that there may not be one available due to circumstances beyond the seller’s control, i.e. female did not conceive, not enough puppies were born etc. Seller will notify Buyer when it is known that a puppy is not available. The deposit is non-refundable, Buyer will select a puppy from another breeding of their choice, depending on availability.
- Seller has first right of refusal in the event that Buyer wants to sell dog.
- At time of delivery Buyer assumes full liability for the Dog and it’s actions. The Seller releases all ownership responsibilities to the Buyer and makes no written or expressed warranties for the future handling of the Dog.
BUYER’S EXCLUSIVE REMEDIES REGARDING SELLER’S REPRESENTATIONS:
The remedies contained in this paragraph shall be Buyer’s SOLE recourse in the event any of the representations initialed by the parties in the preceding paragraph are not met: Buyer is encouraged to have the dog examined by a qualified veterinarian. Any claims regarding communicable diseases or the dog’s general health at the time of delivery as represented in subparagraph ‘D’ of the preceding paragraph must be made to Seller in writing by Certified Letter postmarked no later that the 10th day following the date of delivery. Any claims regarding debilitating hip dysplasia as represented in subparagraph ‘B’ of the preceding paragraph must be made to Seller in writing by Certified Letter postmarked within one year following the date of this agreement. All claims shall be accompanied by a written statement from Buyer’s veterinarian setting forth the specific problem concerning the dog.
Upon receipt of Buyer’s claim and veterinarian’s statement, Seller and Buyer will make prompt arrangements within 10 days for return of the dog to Seller’s place of business.
Buyer shall be solely responsible for taking good and reasonable care of the dog until it is received by Seller.
Cost and related expenses of returning the dog to Seller’s place of business shall be Buyer’s sole obligation.
Upon verification by Seller’s veterinarian that the dog suffers from the problem claimed, Seller shall have the option of:
- Treating, curing and returning the dog to Buyer at Seller’s sole expense within 30 days; or,
- Replacing the dog with another one of equal value; or
- Sell Buyer a second dog at 1/2 of the original price, and let the Buyer retain the first dog that was purchased, and that developed a fault.
PAYMENT OF PURCHASE PRICE:
If paying by check, buyer acknowledges the dog is not considered sold until payment has been received. The purchase price shall be paid to Seller upon execution of this agreement.
Acceptable methods of payment are, credit card (Visa, Master Card, Discover, American Express), certified funds, or wire transfer. Full payment must be received prior to delivery.
Purchase price does not include shipping costs. All shipping and/or transportation expenses for DOG, to and from SELLER’s residence, and, to and from BUYER’s residence, are BUYER’s responsibility. Shipping expenses may cover airfare [determined by airline carrier]; health certificate required by airline; crate, shipping kit and materials, all paid by BUYER.
DOG, REGISTRATION AND PEDIGREE PAPERS:
The title of Ownership and the right of registration, sold under this agreement, shall remain in the Seller’s possession until full payment has been made by the Buyer. Dog, pedigree papers and a signed registration application will not be delivered by the Seller to Buyer in Buyer’s name until all payments have been made.
BUYER’S DUTY TO CARE FOR DOG:
The Buyer agrees and binds himself at his own expense to take good reasonable care of the dog, feed and house the dog properly, control the dog on lead when off the premise and to house and control the dog properly to avoid loss by theft, running away, or otherwise, and promptly give or secure the best of attention to the physical and psychological welfare of the dog.
VENUE, APPLICABLE LAW AND ATTORNEY FEES:
This agreement is mutually stipulated to have been entered into in Thurston County, Washington regardless of the place where it is signed. Buyer and Seller agree that the proper jurisdiction for any legal action taken to enforce the terms and conditions of this agreement shall lie in Washington State and that this agreement shall be interpreted in accordance with the laws of the State of Washington. In the event legal action is taken to enforce the terms of this agreement, the prevailing party shall be entitled to an award of attorney fees and costs.
If any term of provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions shall continue in full force and effect and shall in no way be affected, impaired or invalidated. The validity, construction and enforceability of this Agreement shall be governed by the laws of the State of Washington; and venue for any action to enforce this Agreement or for breach thereof must be in Thurston County, Washington. In the event any action is brought under this Agreement, the party who substantially prevails shall be entitled to an award of its reasonable attorney’s fees. The Buyer’s sole and exclusive remedy for any breach of this Agreement, or for any injuries to persons or property, is limited to the Seller returning Buyer’s purchase price. The foregoing constitutes the sole and exclusive remedy of the Buyer, and the Breeder’s sole and exclusive liability, and in no event shall the Breeder be liable for consequential, incidental, or special damages. Do you agree to the above terms and conditions? Buyer may, within 72 hours of receiving the dog into his/her possession, return the dog to seller in the same condition delivered, without question. Buyer will be subject to a restock fee of 25% of the dog’s purchase price. The cost and related expenses of returning the dog to seller’s place of business shall be buyer’s sole obligation. If buyer decides not to take delivery of the dog the re-stock fee still applies as a non-refundable deposit.*
Buyer may, within 72 hours of receiving the dog into his/her possession, return the dog to seller in the same condition delivered, without question. Buyer will be subject to a restock fee of 25% of the dog’s purchase price. The cost and related expenses of returning the dog to seller’s place of business shall be buyer’s sole obligation. If buyer decides not to take delivery of the dog the re-stock fee still applies as a non-refundable deposit.