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BLACK CANYON
DOODLES OF MONTROSE, COLORADO
www.blackcanyondoodles.com
blackcanyonlabradoodles@gmail.com
(720) 851-6507
CONTRACT OF SALE AND WARRANTY
This Contract of Sale and Warranty
(Contract) must be completed, signed, dated and delivered to black
canyon doodles Montrose, Colorado (Seller) prior to the Dog or Puppy
leaving Seller’s premises.
This contract is made between Seller Black
Canyon Doodles Montrose, Colorado,
and____________________________________________________________(Buyer)
Buyer resides at:
____________________________________________________________
____________________________________________________________
Buyer’s phone number is:
_____________________________
E-mail:
____________________________________________________________.
Seller has sold the Labradoodle/Goldendoodle
Generation_______ described below:
Name of Dog: ___________Gender:
____________Date of Birth: _________
Color:
_____________
The sire of this dog/puppy is:
______________________________________.
Registration with: ____________.
Registration # ________________________
The dam of this dog/puppy is: _______________________________________
Registration with:
____________________.
Registration #
____________________.
Price to be paid in full at time of
purchase:____________________
GENERAL CONDITIONS
1. Buyer acknowledges that the Labradoodle
is being purchased for the Buyer to us in personal, domestic or
household use (as a pet) and NOT for breeding, medical
experimentation, or any other purpose.
2. Buyer understands and agrees that the
dog/puppy will be spayed or neutered under the following conditions
and damage liquidation terms:
a. The subject dog/puppy will be
spayed/neutered no later than the puppy reaching the age of 6
months, unless Buyer’s vet feels that it is unsafe and Buyer
provides a statement from the vet indicating the date of intended
spay or neutering and Seller agrees to extend the time. Buyer agrees
to make an appointment with a qualified vet for the surgical
spay/neuter of the puppy and to provide verification of the
appointment to Seller
b. Buyer shall provide a certificate of
spay/neuter to the Seller within one week of the procedure. Seller
may take steps to verify the information.
c. In the event of breach of this particular
condition (2) of the Contract, Seller retains the right to cancel
all health warranties, demand return of the puppy/dog purchased
(without refund of purchase price), and retain all ownership claim
to any offspring produced by the subject dog/puppy, together with
any fees paid or received for stud service or deposits paid or
received for any and all puppies produced.
d. This Contract will be in breach and all
remedial clauses in full effect, when or if the subject dog/puppy
produces puppies even though the pregnancy should result from an
accidental mating.
e. At no time will an abortion be performed
on the subject dog/puppy without the express written consent of
Seller.
f. If Buyer breaches any condition in clause
2, Buyer will be solely and completely liable to any third party
purchaser or breeder of puppies resulting from mating this dog, or
from collateral promises or agreements to mate this dog, and will
agree to refund any money collected by or paid to another as
consideration for active breach of this Contract and/or Buyer agrees
to pay any monies due for said breeding and/or puppies related to
the subject dog.
g. Seller will, in no way, be liable to any
third party purchaser or breeder who deals with Buyer, as it is
customary in this business that owners of dogs must also own
breeding rights in order to produce offspring from an intact dog and
Buyer is obligated to inform any other interested party about clause
2 in this Contract.
h. Unless expressly given, Buyer does NOT
possess breeding rights for the subject dog. Said breeding rights
remain exclusively with Seller.
i. If Buyer is charged with breaching any
part or all of clause (2) of the Contract and Seller should decide
to litigate, Buyer agrees to pay attorney fees and court costs for
said litigation.
j. If Buyer willfully or negligently breeds
the dog/puppy (subject of this Contract), or willfully or
negligently allows the dog/puppy (subject of this Contract) to be
bred; Buyer agrees to pay to Seller $5,000 liquidated damages, in
addition to any or all of the damages listed in clause 2, and Seller
agrees to donate this specified $5,000 fee to a shelter or re-home
organization at Seller’s discretion, less expenses incurred by
Seller.
k. Buyer agrees to immediately notify Seller
in the event of a known or negligent breach of clause 2 of this
Contract, said notice will be made in writing or by telephone,
followed by written confirmation, from the Buyer to the Seller
l. If Buyer transfers ownership of the
subject dog/puppy, Buyer agrees to spay/neuter the animal prior to
the transfer and send proof of procedure to Seller.
3. Upon request, Seller will provide a
pedigree for the parents of the subject dog/puppy, going back at
least three generations. If a pedigree is not available, Buyer shall
be fully informed. Buyer shall be given all documentation and copies
of health testing and results. These items are available to
contracting buyers only.
4. Seller and Buyer agree to notify the
other in the event of a change of address or change in contact
information.
5. Buyer bears all collateral costs relating
to this sale, including but not limited to transportation fees,
kenneling and boarding fees.
6. The risk of loss or injury to the subject
dog/puppy is with the Buyer at all times after the dog/puppy leaves
the seller’s possession, unless express exceptions exist in other
terms of this Contract or Health Warranty.
7. Buyer promises to provide a loving, safe,
home environment for the subject dog/puppy, continuing throughout
the animal’s lifetime. This includes reasonable diet, indoor shelter
consisting of heat and/or air conditioning as weather conditions
require, protection (including a securely fenced living area),
training and medical/dental care.
8. Buyer is fully aware that Seller has not
trained the subject dog/puppy and that Buyer is solely liable, for
any training needs of or damages caused by the animal after the
dog/puppy leaves Seller’s possession.
9. Buyer agrees that if, for any reason,
Buyer can not provide a loving home environment for the subject
dog/puppy, rather than destroy the dog or give it to a shelter,
permanently place it in a kennel, or re-home the animal, Seller has
the first right of refusal. Buyer shall return the dog to the Seller
and Seller make a good faith effort to find a suitable home for the
subject dog/puppy. If Seller is able to recoup money for the
dog/puppy, she will reimburse Buyer, less reasonable expenses
incurred by the Seller. If Seller does not find a suitable home
within a reasonable time, Seller will keep the dog/puppy without
refund to the Buyer, unless other terms are agreed to, in writing,
by the parties.
10. If any dog, purchased by the Buyer at
full price, is found to have serious genetic impairment or
disability, that results in puppy/dog needing to be put to sleep.
Seller will give a full refund or replace the dog with one of equal
or greater value (at Seller’s option) so long as the Seller is
notified in writing by a qualified veterinarian (at the Buyer’s
expense) that the serious impairment/disease is present and that, in
the professional opinion of the vet, the impairment/disease is
genetic in nature. Seller reserves the right to verify the diagnosis
with an independent veterinary evaluation (at the Seller’s expense)
and Buyer agrees to make the dog available for Seller’s independent
evaluation. If a third opinion is required, each party will share
expenses of a neutral specialist in the medical field for the
impairment/disease in question. The decision of the third
veterinarian shall be binding on the parties. This warranty excludes
viral illnesses, infections, improper bites, hernias, hypoglycemia,
guardia or coccidosis. It also does not include any illness due to
the ingestion of foreign objects, food, chemicals or physical
injury.
If the dog/puppy was purchased at less than
full price, for whatever reason, Seller may opt to refund the price
paid for the dog/puppy rather than to replace him/her. All
conditions listed in clause 12, above, apply in this condition as
well.
Further replacement or other remedies may be
negotiated by the parties on a case by case basis. Any agreement
beyond this contract must be in writing, dated, agreed to, and
signed by both the Buyer and Seller. This warranty, against serious
genetic impairment or disease, is good for three (2) years after the
date on this contract. It is understood that a suitable replacement
may not be available, nor provided by the Seller for a period of
twelve (12) months, if at all.
Buyer understands that as a dog/puppy
matures and grows, environmental conditions may aggravate or cause
physical/emotional problems. Therefore, Buyer agrees to use
reasonable care in the form of exercise, diet, training and medical
care as necessary for the subject dog/puppy.
11. The parties agree that any damages
suffered by the Buyer of any nature and cause; or arising from any
breach by the Seller of any condition or warranty contained in this
Contract; or of any condition or warranty established or implied by
law shall be limited to the replacement of the dog by the Seller or
a refund, up to the full purchase price paid for the dog/puppy, at
Seller’s discretion. If a replacement is granted, the originally
purchased dog shall be returned to the Seller. Other alternatives
may be negotiated by the parties and are subject to a case by case
determination. These alternatives, to be enforceable beyond this
Contract, must be in writing, dated, agreed to and signed by both
the Buyer and the Seller.
12. Buyer has been informed and acknowledges
that any puppy, and in particular, this puppy/dog, needs to have
consistent training, kind treatment and understanding in order to
become a good family dog. Buyer agrees to provide these things in
patiently teaching the puppy/dog what is expected of him/her. Seller
will provide books and training resources along with support and
advice.
13. Any documented or criminally charged
form of gross abuse or neglect to this dog/puppy or any breach of
this contract voids the contract and Seller may take immediate
possession of the animal without further obligation or refund to the
Buyer.
14. Should any serious injury or illness
occur to the subject dog/puppy prior to delivery to the Buyer,
making delivery impossible or unhealthy, Seller reserves the right
to a later delivery date of the same dog/puppy, or Seller has the
option to provide Buyer a full refund of money paid or apply the
payment to another suitable dog/puppy when reasonably available.
Seller will make every attempt to do the bidding of the Buyer;
however, Seller has no liability for damages to the Buyer for any
loss beyond those listed in this Contract.
15. Buyer acknowledges that, other than the
information, representations and warranties contained in this
agreement:
a. No information, representation or
warranty other than in this Contract, made by the Seller or the
Seller’s employees or agents is for the purpose, intention, or
knowledge that it would be relied upon by the Buyer; AND
b. No information, representation or
warranty other than that contained in this Contract has been relied
upon; AND
c. This Contract constitutes the entire
agreement between the parties for the sale and purchase of the
subject dog/puppy and supersedes all previous negotiations and
agreements in relation to the transaction.
16 The parties agree that this Contract was
made in the State of Colorado and agree that it shall be governed by
and construed in accordance with the laws of the state of Colorado
and the parties agree to submit to the jurisdiction of the courts of
the State of Colorado for any dispute arising from this Contract or
transaction. Venue shall be at Elbert County, Kiowa, Colorado. Each
party will bear its own costs of litigation, except for breaches of
contract arising from paragraph two (2) of this Contract.
17. Property in the subject dog/puppy shall
only pass upon the signing of this Contract and payment of all
monies due under the Contract.
18. Buyer agrees to indemnify and to hold
Seller harmless from any liability, suit or action of any kind
arising out of a breach of this contract.
SHORT-TERM WELL PUPPY WARRANTY
1. Seller warrants that the subject
dog/puppy sold under this contract is well and healthy as of the
date that the puppy leaves the Seller’s premises. Seller asserts
that the dog/puppy was examined by a veterinarian prior to delivery
to the Buyer and that at that time the dog/puppy was in sound
health. Puppies sold and delivered out of state shall be examined
and delivered with a certificate of good health from Seller’s vet.
The dog/puppy will be current with recommended inoculations when
he/she leaves the Seller’s premises. All vet records will be
provided to Buyer.
2. If, based upon an examination by Buyer’s
veterinarian, the dog/puppy is found to be seriously ill, excluding
dental work. if diagnosed within 5 days after Buyer takes possession
of the animal. Seller will reimburse Buyer for the reasonable
medical expenses necessary to correct or cure the condition or
illness, up to the full purchase price of the dog/puppy. The puppy
must be returned at buyers expense. The expenses must be reasonable
and customary for the diagnosis made and the diagnosis may be
subject to a second opinion at the Seller’s discretion and expense.
If Buyer prefers, the animal may be replaced by one of equal or
greater value when and if one is available. It is understood that a
suitable replacement may not be available, nor provided by the
Seller for a period of twelve (12) months, if at all.
3. Seller is not liable for any accident or
injury of the dog/puppy after the animal leaves Seller’s premises.
4. This well puppy warranty will be void if
the dog/puppy named in this contract has not been examined by a
qualified veterinarian within five (5) calendar days of receipt of
the dog/puppy by the Buyer. Seller strongly encourages Buyer to make
an appointment before the dog/puppy is expected to be delivered or
received.
5. This well puppy warranty will be void if the Buyer has
intentionally or negligently exposed the puppy to common areas for
dogs and/or other domestic or wild animals, or allows others to be
in close proximity of the puppy if those individuals have been in
such areas or around other animals before the subject dog/puppy has
had his/her full series of inoculations or in the event of negligent
or abusive treatment of the dog/puppy.
Deposit Conditions
A $250 deposit is required to secure a choice of puppy
prior to the 6 week old age. Buyer acknowledges that this deposit is
in no way refundable unless or until the age of 6wks old and under
circumstances that both Buyer and Seller agree upon.
In order to validate the Warranty which is
part of this Contract, the Contract must be fully completed, signed
by the legal new owner of the dog named herein and delivered to
Black Canyon Doodles Montrose, Colorado no later than prior to or
at the time of the subject dog/puppy leaving Seller’s premises or at
the time of delivery.
Failure to comply with the Special
Conditions will render the sale and Warranty null and void.
Price of the subject dog/puppy is
________payable in U.S. currency, plus shipping and any other
special treatment (e.g. rabies vaccination, travel crate, etc. as
invoiced) in the same currency. A non-refundable deposit of $250.00
is required to reserve a specific dog/puppy and the deposit is
applied to the full purchase price. Deposits for any other reason
may be subject to refund, depending on conditions and negotiations.
The following is a list of payments made by
the Buyer, to date:
Deposit amount, and Date____________________________________________________________
Unless other arrangements are made, unpaid
balances are due and payable upon delivery of the dog/puppy.
STATEMENT OF AGREEMENT
I, as the Buyer of the dog/puppy described
in this Contract of Sale and Warranty, do hereby declare that I have
read and fully understand and agree with the terms, conditions, and
warranties contained herein.
Seller affirms that the dog/puppy described
in this Contract of Sale and Warranty is the dog delivered to Buyer.
Seller agrees to the terms, conditions and warranties contained
herein.
Buyer’s Signature:
____________________________________________________________. Dated:
_______________.
Buyer’s name printed:
____________________________________________________________.
Signed on behalf of Seller Black Canyon
Doodles Montrose, Colorado:
____________________________________________________________. Dated:
_______________.
Tammie Rendon
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