1. Deposit, Payment of Purchase Price, Fees
Buyer has paid a deposit of $100, with payment of the balance due upon release of the Dog to Buyer. Payment of the balance may be made by cash or credit card. Deposits are non-refundable.
2. Transfer of Ownership and Registration
Upon payment in full of the Purchase Price, Seller (at Seller’s sole cost) shall promptly take all actions required to officially transfer ownership and registration (if any) of the Dog to Buyer. Buyer agrees to be present or have an agent on the premises on the adoption day for the litter.
3. Seller’s Representations and Warranties
Seller represents and warrants to Buyer that:
- (a) The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
- (b) The Dog will be checked by a licensed veterinarian for physical soundness, general health and birth defects. This evaluation is an excellent screening tool, but it cannot guarantee against all health abnormalities. The Dog is warranted to be transferred in excellent health and comes with a Three Year Genetic Health Guarantee.
- (c) Seller will not issue a refund or provide another Dog to Buyer unless the Dog’s return was a result of any misrepresentation on the part of Seller with respect to the Dog’s health.
4. Fitness of Purpose
The Dog was bred as a companion animal, and Seller does not provide any warranty as to the Dog’s fitness for any specific purpose, including obedience trials, show ring performance, and/or breeding purposes. Seller makes no guarantee of genetic breed testing results. Using any dog for breeding will nullify any warranties.
5. Buyer’s Representations
Buyer represents to Seller that:
- (a) Buyer will have the Dog spayed or neutered by the age of thirteen months.
- (b) The Dog will reside with Buyer as companion pet to Buyer and Buyer’s family.
- (c) Buyer will keep the Dog in an enclosed area of adequate size; Buyer will not keep the Dog chained or tethered or permanently house the Dog in a kennel.
- (d) Buyer will provide the Dog with nutritious food and necessary veterinary care, including deworming, heartworm prevention and regular vaccinations (including rabies).
- (e) Buyer is not acting as agent for any other person or business in the purchase of the Dog.
- (f) Buyer will not sell, give, or release the Dog to a pet shop, retail store, dog dealer, animal testing facility, research facility, or an agent for any such business or facility.
- (g) In the event Buyer sells the Dog to a new owner, Buyer shall ensure that the new owner agrees in writing to comply with the terms of this Agreement.
6. Indemnity and Release
If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and to pay all of Seller’s costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including but not limited to damage to or destruction of property, and injury to any person.
7. Limitation of Action
Any action or claim brought by Buyer against Seller for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Pennsylvania.