Puppy Purchase Agreement & Guarantee
The Breeder and Buyer agree as follows:
Deposit.
A non-refundable deposit of $100.00 shall be due and paid to Breeder upon execution of this Agreement. The Deposit shall be applied to the final Purchase Price. Buyer acknowledges that Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected. Buyer acknowledges that the Deposit is non-refundable in all circumstances. However, if a puppy that meets Buyer’s identified preferences is not available when buyer may elect to have the Deposit transferred to the next litter or have the Deposit refunded.
Purchase Price
The full purchase price of will range between $900 – $3,500 and will be posted on each puppy and is agreed upon with the balance being due in full upon Buyer’s pickup of the puppy. Any shipping and handling expenses are the responsibility of and shall be paid by Buyer. All payments due under this Agreement shall be made in US Dollars and paid to Breeder payments through Good Dog.
Limited Registration
The puppy is not a purebred and is being sold as a F1 Bordoodle. As such, the puppy is not eligible for exhibiting in Conformation (but may compete in other performance events, such as Agility, Obedience, and Rally).
Unauthorized Breeding
The puppy is being sold solely as a companion and breeding of the puppy is prohibited.
Breeder’s Obligations:
Ownership
Breeder is the lawful owner of the puppy and has the right to transfer ownership of the puppy to Buyer. Ownership of the puppy will be transferred to Buyer.
State of Health: Short-Term Health Warranty
The puppy (i) was previously examined by a licensed veterinarian and was found to be in good health at that time and (ii) has had the immunizations enumerated in the health records provided to Buyer. Buyer, at its own expense, must have the puppy examined by a licensed veterinarian within 72 hours of receiving the puppy the (“Examination Period”) for the guarantee in this section to be valid. If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the puppy/dog may be returned to Breeder for a full refund of the Purchase Price. The veterinarian must provide a written statement deeming the puppy/dog “unfit for purchase”, which must be sent to Breeder within 48 hours of the veterinary examination. The foregoing guarantee expressly excludes (x) any health issues caused by Buyer’s ill-treatment, abuse or neglect, (y) any health issues that result from the puppy/dog’s transportation from Breeder to Buyer and (z) all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis or umbilical hernias.
Long-Term Health Warranty
Breeder provides a 2-year warranty from the puppy’s date of birth against any debilitating congenital conditions. For purposes of this section, “debilitating congenital conditions” (i) include _Hip and Thyroid condition. Good Dog’s health testing levels by breed are available here:
https://www.gooddog.com/guide-to-good-dogs-health-testing-levels).
In the event the puppy exhibits symptoms of a suspected debilitating congenital condition, Buyer must immediately inform Breeder and supply any requested veterinary records to Breeder. Breeder will be given the opportunity to take the puppy to a licensed veterinarian of Breeder’s choice for examination.
Returns/Refunds
If it is determined by a licensed veterinarian that the puppy (i) was “unfit for purchase” or (ii) has a genetic disorder that is identified within the warranty periods described above, the Buyer may keep the puppy and receive reimbursement for any veterinary expenses related to the illness (provided that such reimbursements will not exceed the Purchase Price amount).
No Other Warranties
No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein.
Buyer’s Obligations:
Proper Care
Buyer will provide good and proper care of the puppy. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, and proper and sufficient nutrition. Buyer will provide proper veterinary care throughout the puppy’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy’s immunity to common canine diseases.
Veterinary Care
Buyer will also provide the following veterinary care: (i) routine vaccinations and/or titers to prevent common infectious diseases; (ii) routine treatment for internal and external parasites; and (iii) annual examination by a licensed veterinarian.
Care to Prevent Orthopedic Conditions
i. Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy nor allow it to become overweight;
ii. Proper daily exercise to maintain the puppy in good condition, but no forced exercise (such as jogging) until the puppy is full grown or the activity is approved by a licensed veterinarian; and
iii. Avoidance of stress injuries, such as not allowing the puppy to jump from or over heights taller than itself at the shoulder until the puppy is full grown or the activity is approved by a licensed veterinarian.
Sale Prohibition
Buyer is not acting as an agent in the purchase of the puppy. Buyer agrees neither the puppy, nor any offspring of the puppy, shall be used for purposes of vivisection or research. Buyer also agrees neither the puppy, nor any progeny of the puppy, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house or pet store.
Care to Prevent Orthopedic Conditions
If, at any time, Buyer is unable to keep or care for the puppy (including upon Buyer’s death or incapacity), at Breeder’s sole election, the puppy shall be (a) returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy to Breeder or (b) rehomed by Buyer with Breeder’s prior written approval, in each case without any refunds or payments due to Buyer. If, following receipt, Breeder decides to rehome the puppy, Breeder may elect to refund Buyer a portion of the original Purchase Price after deducting applicable maintenance, training, veterinary and other costs. Such refund amount shall be determined by Breeder in its sole discretion. Buyer acknowledges that the refund amount may be significantly less than the puppy’s original Purchase Price depending upon the age, training, and condition of the puppy.
No Transfer Outside of the United States
Buyer further agrees that the puppy will not be sold to anyone residing outside of the United States without Breeder’s prior written approval.
Spay/Neuter Provision
The right to ownership of the puppy is conditioned upon Buyer paying all costs and expenses to spay/neuter the puppy[no later than the age of two.
Breach by Buyer
Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void.
Other Agreements
Ongoing Communications
Both parties agree to promptly notify the other of any change of address, email or phone number. Buyer agrees to (a) maintain contact with Breeder regarding the puppy at least once each calendar year, and to reply as promptly as possible to inquiries about the puppy from Breeder.
Agreement to Mediate
If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Governing Law
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflicts of laws provisions thereof.
Miscellaneous
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
Address
Grand Junction Colorado 81505
