Blossom Valley Parson Russell Terriers
AGREEMENT FOR PURCHASE OF PARSON RUSSELL TERRIER PUPPY
1 SELLER:
Name:
Kennel name:
Street:
City State Zip:
Telephone:
E-mail:
BUYER:
Name(s):
Street:
City State Zip:
Telephone:
E-mail:
2 IDENTIFICATION OF PUPPY:
Sex:
Date of birth:
Coat color:
Registered name:
Call name:
Sterilization:
Microchip#:
Registry:
Registration #:
Sire:
Registration Number:
Dam:
Registration Number:
3 PURCHASE PRICE AND CONDITIONS OF SALE: Purchase price for puppy is $_______.
4 NAMING OF PUPPY: Buyer agrees to register puppy with the appropriate registry within 10 days of delivery. Puppy's name must officially begin with Seller's registered kennel name. Buyer agrees to send a copy of the Registration Certificate to Seller when it arrives for her file.
5 CO-OWNERSHIP OF BUYER WITH SELLER: See Addenda A.
6 BREEDING OF THE PUPPY: See Addenda B.
7 SHOWING OF THE PUPPY: See Addenda C.
8 WARRANTIES
8.1 Buyer must take the puppy to a licensed veterinarian for a thorough exam, necessary shots, and medication within 72 hours of delivery. Any express or implied health warranty is void if Buyer fails to make this vet visit within the prescribed period. If the veterinarian determines that the puppy is not healthy, then Buyer may return the puppy for a full refund within 24 hours of the vet visit and must furnish Seller with a signed statement from that veterinarian describing the medical problem and prognosis to receive a full refund. Seller has the right, but not the obligation, to take the puppy for a second opinion before making any refund. If Seller waives this right or if the second veterinarian’s diagnosis confirms the first diagnosis, Seller will send the refund check to Buyer’s address, as shown in Section 1, within seven days of the date Buyer returns the puppy.
8.2 If the veterinarian who performs the health exam pursuant to Section 8.1 determines that the puppy is healthy, then Seller will warrant the puppy against genetic disease that significantly interferes with the puppy's health and quality of life until the puppy is three years old. Buyer must notify Seller within 72 hours of any veterinarian's certification that the puppy has such a genetic disease. Seller has the right, but not the obligation, to take the puppy for a second opinion from a veterinarian of Seller's choice to confirm the diagnosis, and Buyer must make puppy available for such examination at a mutually agreeable time. If the diagnosis is confirmed, then Buyer may either return the puppy or keep the puppy. In either case, the refund of the purchase price will be full compensation for the puppy's health problem, with Seller liable for no further expenses that Buyer incurs. Seller will not be responsible for paying any health care costs while the puppy belongs to Buyer.
8.3 Seller warrants that the puppy is purebred and that the pedigree provided to Buyer is true and correct to the best of Seller’s knowledge and belief, and that Buyer may register the puppy with the registry identified in Section 2 above upon payment of the required fee and completion of the registration application provided to Buyer.
8.4 Buyer understands that Seller has limited information and control regarding the future temperament, habits, and appearance of puppies in general, since many terriers' temperaments depend upon and result from the terrier's owners' temperaments and their treatment of their terriers. Nevertheless, Seller warrants that the puppy is not aggressive at the time of delivery, but makes no warranty as to such characteristics of the puppy after delivery and puppy has been in Buyer's possession and control. Seller, however, will take the puppy back with no refund if a problem arises at any time, but will not be liable to Buyer for any damage caused by the puppy prior to transfer of puppy back to Seller. Buyer agrees to indemnify Seller for any damage that puppy causes to third parties prior to puppy's return to Seller. If Buyer returns puppy or if a rescue organization returns puppy to Seller as the identified breeder, Buyer must return the signed Registration Certificate to Seller. If Buyer does not return the signed Registration Certificate, Buyer's signature on this Agreement constitutes Buyer's grant of a Limited Power of Attorney to Seller to execute any documents required by the registry to have a replacement Registration Certificate issued in Seller's name.
9 TREATMENT OF THE PUPPY
9.1 Puppy is to be a housedog and live with Buyer in Buyer's living quarters most of the time. Buyer may NEVER leave puppy in an unattended vehicle without air conditioning running. Buyer cannot use tie-downs as a method of controlling the puppy.
9.2 Buyer should complete a dog-training class before puppy is 6 months old, and Buyer agrees to provide a certificate of completion to the Seller after taking the class.
9.3 Buyer must provide puppy with necessary veterinary care upon sickness, disease, or injury, and must take puppy to a veterinarian at least once each year for an annual health examination and routine vaccinations.
9.4 Buyer must provide puppy with humane care and maintain puppy in accordance with all current and future state, county, and municipal laws and ordinances where Buyer resides or will reside.
9.5 If Buyer cannot keep puppy, Buyer must notify Seller immediately. Buyer must obtain Seller's written permission to transfer puppy to a new owner and must provide Seller with all addresses and phone numbers of such new owner.
9.6 Buyer has no right to sell or give puppy to any individual, company, research facility, or group that maintains a breeding kennel or research facility. If Buyer does so, Buyer will become liable to Seller for liquidated damages of $10,000, payable immediately. If Seller must resort to a lawsuit to enforce this provision, Buyer will pay all of Seller's costs and attorneys’ fees.
9.7 Buyer must return puppy to Seller or to a recognized and reputable rescue organization if Buyer cannot locate Seller. If Buyer transfers puppy to any person or organization other than Seller, without Seller’s written permission, all warranties in this Agreement become void, and ownership of puppy will automatically revert to Seller. Buyer’s signature on this Agreement constitutes Buyer's grant of a Limited Power of Attorney for Seller to have the appropriate registry transfer puppy's registration certificate back into Seller's name as owner. If Buyer transfers puppy to any person or organization without Seller's written permission, Buyer will be liable for all costs and attorneys fees incurred by Seller to recover puppy from its substituted owner, payable upon demand to Seller.
10 CONFLICT RESOLUTION:
10.1 Mediation: Mediation is a non-binding proceeding designed to resolve disputes between parties amicably and without the costs of litigation. Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement before resorting to court action, except for Buyer's failure to fulfill any of the terms of Section 9, the breach of which entitles Seller immediately to file a court proceeding to recover the puppy, any money owed, or any liquidated damages. In any mediation, Buyer and Seller will agree to a neutral Mediator and will share any mediation fees equally.
10.2 Arbitration: The parties agree that no court can force them to arbitrate any dispute or claim arising between them. If any party initiates an action to force arbitration, that party will be liable for paying all costs incurred by the other party for defending such arbitration action.
10.3 Litigation: In any litigation between Buyer and Seller arising out of or related to this Agreement, the prevailing party will be entitled to reasonable attorneys fees, costs, and penalties from the non-prevailing party, as determined by the court.
11 MISCELLANEOUS PROVISIONS:
11.1 This Agreement contains all terms of the agreement between Seller and Buyer. Seller and Buyer intend that this Agreement is the final and exclusive expression of their agreement with respect to its subject matter. Neither party may contradict any of its terms by evidence of any prior agreement or contemporaneous oral agreement.
11.2 If any court holds any provision of this Agreement ineffective or invalid, the remaining provisions will remain in full force and effect.
11.3 No modification of this Agreement will be valid and enforceable unless signed by both parties.
11.4 The laws of the State of California will govern this Agreement, except any choice of law provision that would require the parties to litigate their dispute outside of California. Venue will lie in any State or Federal court in California. No law will force construction of the terms of this Agreement against Seller, merely because Seller drafted it. Buyer acknowledges by Buyer's signature below that Buyer had the right to fully read this Agreement and consult with an attorney of Buyer's choice before signing it.
11.5 Puppy will reside at the address stated in Section 1. A party whose address changes must notify the other part within ten days of the change.
11.6 No action or failure to act by either Party will constitute a waiver of any right or duty afforded to such Party under this Agreement, nor may any such action or failure to act constitute an approval of, or acquiescence in, any breach of this Agreement by the other party, except as the Parties may specifically agree in writing.
12 SIGNATURES: By their signatures below, Seller and Buyer acknowledge their agreement to the terms of this Agreement and that no other prior or concurrent oral or written agreements exist between the parties.