van Houten Kennels
Breed: Mastiff | Member Since 7/4/2007
SECTION II (BREEDER/BUYER RESPONSIBILITIES)
The breeder shall be solely responsible for all expenses related to routine care of the puppy or adult dog/bitch prior to the buyer/s taking physical possession of it. Routine care shall mean, but not limited to: proper feeding, housing, veterinary care and required vaccinations. Once the buyer/s take physical possession of the puppy or adult dog/bitch he/she/they become responsible for all expenses and liabilities, including but not limited to routine and veterinary care, of the puppy or adult dog/bitch from the date of physical possession onward. Buyer/s shall be deemed to have taken physical possession when the puppy or adult dog/bitch is picked up in person from the breeder, or his designee, by the buyer/s, or his/her/their designee, or the puppy or adult dog/bitch has been checked in with an airline for shipment to the buyer/s or his/her/their designee. The breeder shall not accept responsibility, nor in anyway be liable, for the buyer/s’ losses or for loss or injury to the puppy or adult dog/bitch during shipment.
The breeder agrees to transfer sole ownership of the puppy or adult dog/bitch to the buyer/s. The breeder will deliver to the buyer/s a signed AKC registration form or registration certificate to transfer ownership within 30 days of the buyer/s taking physical possession. The breeder represents that he is in good standing with the AKC and that the puppy or adult dog/bitch is eligible for registration with the AKC.
The breeder makes no promises or statements, either express or implied, as to the show potential of the puppy or adult dog/bitch. The breeder does not guarantee that the puppy will become an AKC champion or win AKC show events. It shall be the buyer/s’ sole responsibility to review the AKC standard for the breed and then make his/her/their own subjective determination of show potential of the puppy prior to entering into this agreement.
The buyer/s shall have 2 business days, excluding weekends and holidays, following the date of taking physical possession to have the puppy or adult dog/bitch examined by a licensed veterinarian of his/her/their choosing. If the licensed veterinarian finds the puppy or adult dog/bitch to be unfit due to a genetic defect, disease, or condition during the 2 business day examination period that affects its health and lifespan the buyer/s shall be entitled to a replacement puppy or full refund of the purchase price, not including shipping charges. To exercise this right the buyer/s must notify the breeder of their intent to request replacement or refund within 2 business days following the examination and must submit a full photocopy of the veterinary findings, via certified mail, from their licensed veterinarian to the breeder within 5 business days following the veterinary examination. If the buyer/s fails to notify the breeder within 2 business days or fails to submit a full photocopy of the veterinary findings within 5 business days following the veterinary examination then he/she/they will forfeit the right to a replacement puppy or refund unless replacement or refund is applicable under SECTION IV (HEALTH WARRANTY). The breeder reserves the right to review the findings and have the puppy or adult dog/bitch examined by a licensed veterinarian, at the breeder’s expense, of his choosing if he disputes the findings. The final decision whether to replace, refund, or deny replacement or refund shall be at the sole discretion of the breeder. If a replacement or refund is offered the buyer/s must return the affected puppy or adult dog/bitch back to the breeder, at the buyer/s’ expense, along with all of its paperwork prior to replacement or refund. The buyer/s agree to sign any necessary AKC paperwork transferring sole ownership back to the breeder without delay. The signed paperwork shall be returned to the breeder within 10 days of the puppy/dog being shipped or delivered to the breeder. It shall be the sole responsibility of the buyer/s to pay for the return shipping charges and to pay for the shipping charges for the replacement puppy if applicable. The breeder shall have up to 12 months to provide a replacement if one is not immediately available. If the breeder is unable to provide a replacement puppy within 12 months then the buyer/s shall receive a refund of the purchase price. After the 2 business day examination period all sales will be considered final with no replacements or refunds given unless replacement is applicable under SECTION IV (HEALTH WARRANTY).
SECTION V (STATE OF FLORIDA NOTICE)
“It is the consumer's right, pursuant to section 828.29, florida statutes, to receive a certificate of veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all vaccines and deworming medications administered to the animal and shall state that the animal has been examined by a florida-licensed veterinarian who certifies that, to the best of the veterinarian's knowledge, the animal was found to have been healthy at the time of the veterinary examination. In the event that the consumer purchases the animal and finds it to have been unfit for purchase as provided in section 828.29(5), florida statutes, the consumer must notify the pet dealer within 2 business days of the veterinarian's determination that the animal was unfit. The consumer has the right to retain, return, or exchange the animal and receive reimbursement for certain related veterinary services rendered to the animal, subject to the right of the dealer to have the animal examined by another veterinarian.”
SECTION VI (JURISDICTION AND DISPUTE RESOLUTION)
This contract shall be governed by the laws of the State of Florida and jurisdiction for resolution of any legal action or dispute arising from this agreement shall reside in Alachua County, Florida. Failure of the buyer/s to perform under the terms of this agreement shall be considered a breach of contract and entitle the breeder to $5,000 USD as liquidated damages. Liquidated damages shall be paid via official bank check drawn on a U.S. bank within 30 calendar days following the date the breeder makes demand for payment. Demand shall be made in writing and the date of demand shall be considered to be the date the written demand was delivered, or attempted to be delivered, to the buyer/s’ last known address via certified mail. The breeder shall be entitled to recover reasonable attorney’s fees and expenses incurred in any legal action or dispute resolution relating to this agreement.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. CONSULT AN ATTORNEY BEFORE SIGNING IT TO MAKE SURE YOU UNDERSTAND ALL OF THE TERMS AND LEGAL CONSEQUENCES.
By signing below you swear and affirm that you are of legal age (18 years or older) and willingly and knowingly enter into this agreement of your own free will.
Breeder (signature) Date Buyer (signature) Date
Barron van Houten
Breeder (printed name) Buyer (printed name)Drivers Lic./ID Number
Co-buyer (signature) Date
Co-buyer (printed name)Drivers Lic./ID Number
This contract is for illustrative purposes only and is not valid. The signed, written contract between the purchaser/s and the breeder is legal and binding.
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