Date of Sale _________________
AGREEMENT for the sale of the purebred Golden Retriever puppy, hereafter known as “puppy” between
Susan King of Yellow Rose Golden Retrievers(“Seller”) and
Seller is the breeder of a litter of Golden Retriever puppies.
The Sire of the litter is
The Dam of the litter is
AKC Litter Whelp Date
Buyer wishes to purchase from Seller and Seller desires to sell to buyer one Golden Retriever puppy, from the above-described litter (the “Puppy”), all upon the terms and conditions set forth herein:
1. Purchase Price: The purchase price for the Puppy shall be the sum $ _, which is a LIMITED REGISTRATION price. This price is payable as follows:
A. deposit ($0)
B. The balance of the purchase price in the amount of is due and payable to Seller at the time of delivery of the Puppy to Buyer. Final payment must be made by cash, cashier’s check or Venmo
2. Delivery: At a mutually convenient time, but in any event no sooner than eight weeks after the Puppy’s birth date, or as permitted by Texas Law. Seller shall deliver to Buyer the Puppy, along with the following:
- A copy of health record indicating the inoculations the Puppy has received along with an microchip application for the chip implanted in the Puppy
- An executed copy of this Agreement
- A limited AKC Registration slip indicating the Puppy is being sold to the Buyer on a limited registration basis, which prohibits breeding of the Puppy.
The cost of delivery shall be borne by the Buyer unless otherwise agreed in writing. Buyer will make arrangements to pick up the Puppy, which arrangements must be reasonably satisfactory to Seller in terms of time and safeguarding of the Puppy’s health and welfare.
3. Seller’s Representation and Warranties. Seller hereby represents and warrants as follows:
- The Puppy is whelped from a litter bred by the sire and dam described herein, to the best knowledge of Seller, the pedigrees provided to Buyer are true and correct.
- The Puppy has had the inoculations set forth in the health record.
- To the best of the Seller’s knowledge, at the time of the delivery of the Puppy to Buyer, the Puppy is in good health and appears to have no genetic defects or deformities.
4. Buyer’s Representation and Warranties. Buyer hereby represents and warrants to Seller as follows:
A. Buyer will provide the Puppy at all times with premium food, water, shelter, veterinary care.
- Buyer will have the Puppy examined by a veterinarian within 72 hours, of delivery to Buyer to confirm the health of the Puppy.
C. Buyer will name the Puppy on the registration slip with a name beginning with the word YELLOW ROSE and continuing with a name that follows the litter theme “ ” Litter
Puppy’s call name (everyday name) is of the Buyer’s choosing
- Buyer agrees to provide the Puppy with a safe, fenced area when off leash and to not allow the Puppy to roam free. The Puppy is never to be tied, chained outdoors or expected to live outdoors. Buyer agrees the Puppy will always be a house pet and treated as a valued member of the family.
- Buyer will obtain appropriate inoculations for the Puppy as may be necessary throughout the Puppy’s life and will start the Puppy on a heartworm preventative treatment and will continue such preventative for the rest of the Puppy’s life.
- Buyer agrees to feed Puppy a premium adult dog food throughout the Puppy’s life.
- Buyer will promptly notify Seller, in writing of any change in Buyer’s address or phone number. Seller will notify Buyer of contact information changes. Buyer shall not sell, transfer, assign, co-own, gift or lease the Puppy to any other person or entity without the prior written approval of Seller.
BUYER WILL UNDER NO CIRCUMSTANCES RELEASE, SELL OR DONATE THE PUPPY TO ANY SHELTER, RESCUE SERVICE, HUMANE SOCIETY, OR RESEARCH FACILITY.
- Buyer agrees to keep the Puppy in proper weight and to never allow the Puppy to become overweight, as defined by the Golden Retriever Breed Standard.
- Buyer will never allow Puppy to be transported in the bed of a pick up truck unless the back is capped and air-conditioned.
- Buyer will not SHAVE the Puppy
- The Puppy is being sold on a LIMITED REGISTRATION, which precludes the breeding of the Puppy. Buyer acknowledges and agrees that Buyer will spay or neuter the Puppy by 18 months of age and provide Seller with a copy of the veterinarian report confirming same. Buyer may change a Limited Registration to a Full Registration prior to the Puppy’s twelfth (12th) month upon written approval of Seller and written amendment of this Contract. This option is available should seller and buyer agree that the puppy is of show quality and will be shown to his/her Champion title.
- If at any time the buyer cannot or does not wish to keep the dog for any reason, They MUST contact the seller before placing the dog elsewhere. The Seller retains the option to claim custody (right of first refusal) of the dog within 30 days of notification of intent to dispose of the dog.
- In no event shall Puppy be bred, unless the registration is changed from Limited to Full pursuant to paragraph K above.
IN THE EVENT IT IS ASCERTAINED BY SELLER THAT BUYER HAS BRED PUPPY OR ALLOWED PUPPY TO BE BRED CONSTITUTING A BREECH OF THIS AGREEMENT, THEN SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES OF $10,000 PAYABLE TO GOLDEN RETRIEVER RESCUE
N. If at any time in the puppy’s life the puppy experiences serious illness or injury, this condition must be reported to the Seller. Puppy shall not be euthanized without prior consent from the Seller. Seller retains the right to review all veterinary records of the puppy upon demand.
5. Seller’s Guarantees So long as Buyer complies with the above terms of this Agreement, Seller guarantees the Puppy as follows:
A. Seller guarantees that as of the date of the delivery of the Puppy that the Puppy has no disease or apparent genetic defect or disability.
B. Seller hereby guarantees at Seller’s discretion to either replace the Puppy or reimburse costs of treatment to the Buyer up to but no greater than the purchase price of the Puppy should any of the following conditions occur before 30 months of age:
- Genetically inheritable cataracts, ectropian, entropian, or PRA so severe that they prohibit the Puppy from living a normal life as a pet and companion;
- Genetically inheritable hip dysplasia as described by the OFA, or elbow dysplasia so severe that they prohibit the Puppy from living a normal life as a pet and companion;
- Genetically inheritable subvalvular aortic stenosis (SAS) so severe that it prohibits the Puppy from living a normal life span, or normal life as a pet and companion.
C. The puppy is guaranteed to be free these genetic conditions that will prevent the puppy from leading a normal life. Should the puppy suffer from a crippling hereditary condition where surgery or other remedies are necessary, the following guarantee will take place at the Seller’s option. Should the expenses incurred for the surgeries needed meet or exceed the purchase price, the Seller will replace the puppy, (puppy to be returned to Seller) upon proof of spay or neuter of the first and when the seller has the next available pet quality puppy. If the buyer does not want a replacement puppy, the seller will refund the costs of said remedies not to exceed the purchase price upon presentation of veterinarian’s invoice, once the replacement puppy has been sold to a new buyer by Seller. If the buyer does want another puppy but the expenses incurred were less than the cost of the first pup, the buyer will have a credit applied toward the next available puppy. If the expenses for the necessary surgery were less and the buyer does not want another puppy, the seller will refund the amount once the replacement pup has been sold. This does NOT cover costs of health checks, treatments, or surgeries where the Buyer may elect to have done on the dog except as stated herein. if any problems do arise, prior to undertaking any treatment Buyer must notify Seller, and receive written approval from Seller to proceed with treatment. All of the above are subject to verification by the veterinarian of the Seller’s choice at the Buyer’s expense.
All warranties are void if the dog has ever been bred, or sold, or has been subjected to anenvironmental trauma or has been allowed to get overweight which could have a marked effect on the claimed condition. All warranties are void if any part of this contract has been violated
Should any of the items listed in paragraph 5B become applicable to the Puppy, then Buyer shall submit to Seller the appropriate information detailing same from the appropriate veterinarian specialist including but not limited to OFA (hips, elbows), ophthalmologist (eyes), cardiologist (heart) in writing. Seller shall have the absolute right to have the Puppy examined by Seller’s specialist or veterinarian at Seller’s expense to confirm the diagnosis. Should the Seller’s veterinarian or specialist disagree with Buyer’s diagnosis, then, a third veterinarian will b chosen by Seller to review the issue and give a diagnosis, whose fees shall be shared equally between Seller and Buyer. The majority decision of the three veterinarians will prevail. If Puppy is overweight all health warranties are null and void. No hip surgeries are to be performed on the Puppy without the written authorization of the Seller.
- Returns: If for any reason Buyer decides that Buyer no longer wants to or can care for the Puppy, Buyer shall immediately notify Seller, and Seller shall take the Puppy from Buyer, and Buyer shall execute all appropriate documentation transferring the Puppy to Seller. There shall be no refund of the purchase price for this return.
- Titles: Should at any time the Puppy obtain any of the following titles, upon submission to Seller of proof of such title, Seller shall issue refund to Buyer the amount of $50.00 of the purchase price for each such title earned:
AKC obedience title of Companion Dog Excellent, Utility Dog, Utility Dog Excellent, Obedience Trial Champion, Tracking Dog Excellent (or higher), AKC agility title of AX/AXJ, and higher, AKC field or hunting titles JH, or ** and higher, AKC Champion, and GRCA WCX title.
- Default: Should Buyer default in any of the provisions set forth in this Agreement, Seller shall have all rights and remedies available at law or equity, to be governed by the Laws of the State of Texas including the right to retrieve the Puppy as follows: Seller shall retain a first and prior lien on the Puppy for the lifetime of the Puppy. Should Buyer default in any of Buyer’s obligations contained herein, Seller shall give Buyer written notice of the default, and if Buyer has not cured such default within ten (10) days of the date of notice, Seller shall have the right to proceed with any such legal action necessary to regain possession of the Puppy in enforcement of Seller’s lien.
Buyer’s Acknowledgements: By signing below, Buyer acknowledges that it has read and understood this Agreement, and realizes that the Agreement contains obligations that Buyer agrees to undertake. Buyer furthermore acknowledges that Buyer is purchasing a living, breathing animal for which Buyer will be responsible for the Puppy’s lifetime, which is a substantial commitment. However, Seller absolutely guarantees to Buyer that the Puppy will love the Buyer without reservation all its life.
- Venue: Venue for any disputes that arise out of this contract shall be in Bastrop County, Texas and governed by the laws of the State of Texas
- Attorney Fees and Costs: The prevailing party in any lawsuit that arises out of this contract shall be entitled to his or her attorney fees.