This Puppy Sales Contract (hereinafter the “Contract”) is made this _________ day of _____________, 20___ and between Utah Cocker Spaniel’s(hereinafter referred to as the “Seller”) and __________________________ (hereinafter referred to as the “Buyer”).
The Parties agree to the following terms:
Sale of Puppy
1. Subject to the terms of this Contract, the Seller agrees to sell a ___________ Puppy described in the Contract to the Buyer and the Buyer accepts to buy the Puppy.
Description of Puppy
2. The Puppy referred to in clause one (1) above is:
Name:______________________ Sex: ________
3. The above named Puppy is being sold for the sum of $_______ (shipping, training fees not included in price)
Deposit Amount $_____
Balance Due at Pickup $_______
Shipping Fees $________
Health of Puppy
4. The Seller warrants that the puppy is sound and free of health related issues (at the time the puppy is transferred to, or picked up by the Buyer) and for a period of 72 hours.
5. Buyer agrees to have the Puppy examined by a licensed veterinarian within 72 hours of receiving the puppy. Buyer shall bear the cost of examination of the Puppy. If Buyer does not have the Puppy examined within 72 hours, this contract will be null and void.
6. If there is any abnormality found to be present at this exam, Buyer must inform Seller within 12 hours of the exam.
7. Seller guarantees Puppy against any congenital defect causing the death of, or making necessary euthanasia until one (1) year of age. If the puppy is found to have a life-threatening genetic defect by two (2) licensed veterinarians, from two (2) different veterinary practices, the puppy can be returned to the Seller and a replacement puppy of equal value will be given from the next available litter. Buyer is responsible for all veterinary fees, specialist fees, and any other fees to determine a congenital defect diagnosis. If Buyer decides to keep the puppy, all future veterinary bills will be the responsibility of the Buyer. If Buyer does not accept a replacement puppy, Seller shall be under no further obligation and it will be deemed that the Buyer has released the Seller from any and all further claims, obligations, or duty on this agreement. This warranty does NOT cover mistreatment of puppy, injuries or accidents, poisoning, viral illnesses, infections, improper bites, hernias, hip dysplasia, patella issues, trachea issues, hypoglycemia, heartworm, roundworms, tapeworms, coccidiosis, giardia, other common protozoa, and/or deformation or abnormalities caused by injury, neglect, or environmental conditions.
8. Seller cannot make any guarantees regarding injuries, accidental death, or sickness (due to lack of vaccinations, lack of de-worming, or lack of proper care), or theft, after Puppy has left the Seller’s residence, Seller will not be held responsible.
9. Seller does not covenant, represent, or warrant against conditions that may be triggered by stress, related to a new home, or the shipping process. This would include any upper respiratory infection, kennel cough, urinary tract infection, coccidiosis, giardiasis, and/or other common protozoa that puppy may suffer, as these are unpredictable in nature. Seller has made reasonable effort to avoid, by keeping a clean environment and de-worming on a regular basis. Seller does not guarantee the puppy to be “worm-free”, as this is an on-going process that, once the Puppy is out of Seller’s control is the responsibility of the Buyer. These are easily and economically treated, and should they occur, Seller shall not be responsible for medical expenses or other costs that Buyer may incur.
10. Seller does not guarantee the size or coat color of the puppy after reaching maturity. Buyer understands that the Cocker Spaniel/Cockapoo coat may fade or darken and the puppy may change color as he/she matures.
Return and Surrender of Puppy
11. Buyer agrees that this puppy will NEVER be surrendered to a shelter, rescue organization, or Humane Society, as Utah Cocker Spaniel’s will accept the puppy back at any age and for any reason. In the event that Puppy is returned to Seller, Buyer agrees that there will be no monetary compensation, whatsoever, from Seller to Buyer.
12. Buyer agrees that if Buyer returns Puppy to Utah Cocker Spaniel’s, Buyer is responsible for signing a surrender contract. Buyer understands that Buyer will also be responsible for any shipping fees or other expenses incurred or required for Puppy to be returned to Utah Cocker Spaniel’s.
13. Buyer notes that this puppy is NOT being sold with breeding rights. This puppy is to be spayed or neutered before 18 months of age. Buyer must inform Seller within 10 days of sterilization procedure. Buyer understands that the dog must NOT be bred. If Buyer allows this dog to breed or be bred, Buyer agrees to pay Seller $1,000 per puppy, created by the dog described in this contract. If, at any point, the Puppy is allowed to be bred, this contract will be null and void.
14. Buyer agrees that Seller can NOT, and will NOT, be held responsible for veterinary fees, grooming fees, or ANY fees related to the puppy or its care, once the puppy has left the residence of the Seller.
15. Buyer agrees that any photos, updates, videos, etc. sent to Seller can be used at Seller’s discretion, with no compensation to Buyer for use.
16. Seller has the right, at any time, to decide to stop breeding activities. In this case, no replacement puppies shall be given and this contract is null and void and no cash refunds shall be made.
17. This Contract is binding for the original Buyer and supersedes all other Contracts, written or oral, regarding the subject matter hereof. This contract is not transferable.
18. This Contract has been entered into in the State of Utah and will be construed by and interpreted in accordance with the laws of the State of Utah, County of Salt Lake without regard to principles of conflict of laws.
19. In the event that any one or more provisions of this Contract is held invalid, illegal or unenforceable in any respect, the validity, legality or enforceability, the remaining provisions contained herein will not in any way be affected or impaired thereby.
20. The Parties acknowledge that no representations, inducements, promises, or Contracts, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not set forth in this Contract, and that no Contract, statement, or promise not contained in this contract shall be valid or binding.
UTAH COCKER SPANIEL’S SALES CONTRACT
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract as of the date and year first above written.
Name: __________________________ Name: __________________________
Signature: _______________________ Signature: ________________________
PUPPY NAME: ______________
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