Sample Contract - each pup will have one in their go home package.
Magix’z Pomeranians Companion Contract
Seller: Patricia Berger – Magix’z Poms
Buyer Name:______________________________________________________________ Address: _________________________________________________________________
City__________________________________________State_________Zip__________
Phone number: ____________________________________________________________
Email address:____________________________ _______________________________
Breeder only accepts these types of payments-Cash. No personal checks, no other methods of payments will be accepted. Full payment must be made and cleared before the puppy is to leave the Breeders possession. This document shall act as purchase receipt.
Parties:
Magix’z Pomeranians and Pet Creations c/o Patricia Berger shall hereinafter be referred to as the “breeder” Purchaser shall be referred to as “buyer”
Genetic and hereditary diseases:
All puppies are of sound health and communicable disease to the best of the knowledge of the breeder at time puppy leaves the breeders residence. Each puppy has been vet checked and breeder agrees to give new owner the puppy’s current health record.
Buyer must have puppy examined by a licensed veterinarian within 2 days of possession, unless other terms have been discussed.
The value of this puppy for the purpose of this guarantee is solely the original purchase price of puppy and does not include any other expenses declared by the buyer.
No guarantee is made toward disposition, confirmation, bite, patellas, testicles descending, size, weight, color, markings or adult coat consistency.
Hypoglycemia is a serious health problem but is not covered due to being generally caused by too much activity and/or too little food and is buyer’s responsibility.
Hernia, kennel cough, coccidian, Giardia and worms are not serious health problems if treated and are not covered. Puppies receive at least 1 fecal exam prior to leaving seller’s possession.
This warranty does not cover abuse, neglect, accidents, ingestion of foreign objects, heatstroke, poisoning, run-away pet, or any other problem or sickness not caused by the breeder.
If the initial vet check comes back with a severe congenital problem within 48 hours of leaving the breeders property, the breeder will refund the seller for the purchase price of the puppy. This does not include transportation costs, vet costs or any other costs accrued. The puppy must be returned to the breeder within 10 days with written proof from a certified vet before a refund will be submitted. The breeder must be allowed to contact the vet who made the diagnosis and be allowed to obtain a second opinion from a vet of their choice for the guarantee to be valid. If the puppy is not returned, no refund shall be provided. Any time after 10 days should a situation arise whereupon the buyer wishes to return the dog, no cash refund will be issued. The seller will take the dog back at any time if buyer no longer wishes to retain ownership. The breeder shall be under no further obligation and it will be deemed that the buyer has released the breeder from all further claims. The breeder is not responsible for refund or exchange based on, including but not limited to allergy, Landlord/Tenant, marital, or adjustment problems, etc.
Care required after leaving breeder’s possession:
The breeder has supplied initial inoculations, Buyer agrees to do all follow up health care and maintenance of the pet including puppy immunizations, rabies, titer tests, dentals and exams recommended after purchase. Please keep your receipts and records to verify that you have regularly taken your pet to a licensed vet for check-ups.
Buyer understands that giving Leptospirosis vaccine will void health guarantee.
The buyer agrees to maintain care of the puppy in regard to not only health but by providing a high quality diet, proper exercise, preventing injuries & maintaining a healthy coat. Breeder is no longer responsible for veterinary expenses incurred once puppy/dog leaves breeder’s home.
Spay/Neuter agreement:
Said puppy is being sold as Pet ONLY – Limited AKC (No breeding accidental or intentional). Puppy is to be spayed/neutered when age appropriate. Spay/neuter is recommended after the age of 1 year. Proof of procedure must be provided to the breeder. Buyer agrees not to breed the above described dog, without express written permission of the seller. If bred by the buyer the seller retains all rights to the offspring of the above mentioned dog. Seller will take ownership of said dog and offspring. Buyer will not be compensated in any way for said dog/puppies.
Buyer acknowledges that Magix’z Poms and other breeders of this dog’s breed would incur irreparable damages if the breed is corrupted by, the breeding of show potential dogs with dogs of lesser quality or cross breeding of this breed with other breeds, and that the amount of such damages will be difficult to be ascertained. It is, therefore, agreed that in the event there is a violation, the buyer will pay Magix’z Poms as liquated damages, and not as a penalty, the sum of $10,000.00.
SHOULD THE DOG BE OBTAINED BY FALSE PRETENSES AND IF FAILURE TO COMPLY WITH ALL OF THE ABOVE AGREEMENTS VOIDS ALL GUARANTEES AND IS GROUNDS FOR REPOSSESSION OF THE DOG AND ITS REGISTRATION PAPERS WITHOUT ANY COMPENSATION TO THE OWNER
Buyer understands that de-sexing the puppy prior to one year of age will void the health guarantee.
Breeder’s/Seller’s Promise:
The seller agrees to provide sound advice and emotional support to the buyer for the duration of this puppy’s life. The seller will always be willing to take back this puppy should the buyer become displeased with or unable to care for him/her for any reason at any time in its life.
BREACH OF CONTRACT:
This clause deals primarily with the transfer of the dog to a third party, but is not exclusive to such. To protect both the dog and the Breeder's reputation, we have included this clause. I do not want my pups sold to a puppy mill or turning up in any pound, shelter, Veterinarian’s office (abandonment), pet shop, auction, humane society, or deemed that this animal is not being properly cared for. We hope we never have cause to invoke this clause! If found to be in breach of this contract, the buyer agrees to relinquish ownership of the dog, and assigns ownership back to Patricia M. Berger, buyer agrees to pay the sum of $2,500.00 for breach of contract or defamation of Magix’z Pomeranians. Buyer also agrees to pay all court costs and any fees associated with the retrieval of the puppy/dog. Seller’s reasonable attorney fees for recovery of the dog or collection of the fine will be paid by buyer. It is agreed that the place of venue for any legal dispute between the buyer and seller will be held in Saint Clair County, Michigan. This contract represents the entire agreement between the parties. No other agreements or promises, verbal or implied are included unless specifically stated herein. When Seller and Buyer execute this contract, it will be binding upon both parties, subject and pursuant to the terms and conditions herein.
This document constitutes the entire agreement between the breeder and buyer with respect to this sale. The guarantees laid out in this contract are limited between seller and buyer; It is not transferable to a third party. The buyer's signature below indicates that he/she has read, agrees and does understand all the conditions of the Sales Agreement and Contract of Sale. Having read the above, and with full understanding of the contents herein, I willingly enter into this agreement. If any part of this agreement is breached, the breeder is released from any further obligation.
Buyer_____________________________________Date:_______________
Seller_____________________________________Date:_______________
Magix’z spay/neuter agreement
By my signature below I agree to have said puppy/dog
Micro-chip #__________________
NEUTER by date: ___________________________________
I understand that this dog will not be bred intentionally or accidentally.
I also agree if said dog is bred that said dog and offspring will be relinquished to breeder (Trish Berger/Magix’z Poms) at buyer’s expense. No refund or compensation will be provided to buyer due to breech of contract.
Any court proceedings shall be held in Saint Clair County, Michigan. Additional notes & amendments
Buyer signature_____________________________date______________
Breeder signature___________________________date_____________