1. Deposit
A non-refundable deposit (“Deposit”) has been paid to Breeder. The Deposit shall be applied to the final Purchase Price. Buyer acknowledges that the Deposit is non-refundable per the terms of the Deposit Agreement.
2. Purchase Price
The full purchase price (“Purchase Price”) is agreed with the balance due in full prior to Buyer’s pickup of the puppy/dog. All payments due under this Agreement shall be made in US Dollars and paid to Breeder via the accepted payment methods (Cash, Venmo, or Zelle).
3. Registration
The puppy/dog is a Cavapoo and is being sold with no registration.
4. Breeder’s Obligations
a. Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to Buyer. Ownership of the puppy/dog will be transferred to Buyer upon Buyer’s payment of the full Purchase Price.
b. State of Health; Short-Term Health Warranty. The puppy/dog (i) was previously examined by a licensed veterinarian and was found to be in good health at that time and (ii) has had the immunizations enumerated in the health records provided to Buyer. Buyer, at its own expense, must have the puppy/dog examined by a licensed veterinarian within 72 hours (3 days) of receiving the puppy/dog (the “Examination Period”) for the guarantee in this section to be valid. If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the puppy/dog may be returned to Breeder for a full refund of the Purchase Price. The veterinarian must provide a written statement deeming the puppy/dog “unfit for purchase,” which must be sent to Breeder within 48 hours of the veterinary examination. The foregoing guarantee expressly excludes (a) any health issues caused by Buyer’s ill-treatment, abuse or neglect, (b) any health issues that result from the puppy/dog’s transportation from Breeder to Buyer and (c) all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis or umbilical hernias.
c. Long-Term Health Warranty. Breeder provides a 1 (one)-year warranty from the puppy/dog’s date of birth against any debilitating congenital conditions. For purposes of this section, “debilitating congenital conditions” (i) include hip dysplasia, patellar luxation, and congenital heart defects and (ii) expressly do not include those conditions that are common in the breed but not debilitating, such as mild allergies or minor dental issues. In the event the puppy/dog exhibits symptoms of a suspected debilitating congenital condition, Buyer must immediately inform Breeder and supply any requested veterinary records to Breeder. Breeder will be given the opportunity to take the puppy/dog to a licensed veterinarian of Breeder’s choice for examination.
d. Returns/Refunds. If it is determined by a licensed veterinarian that the puppy/dog (i) is “unfit for purchase” or (ii) has a genetic disorder that is identified within the warranty periods described above, the Buyer may (a) return the puppy/dog and receive a replacement puppy/dog from the next available litter of equal or better value, (b) return the puppy/dog and receive reimbursement of the original Purchase Price or (c) keep the puppy/dog and receive reimbursement for any veterinary expenses related to the illness (provided that such reimbursements will not exceed the Purchase Price amount). Should the puppy/dog be returned or exchanged according to the terms of this section, Buyer shall be responsible for any and all transportation expenses, veterinarian charges, crate fees, air freight charges, and transport fees. Alternatively, Buyer and Breeder can arrange to meet at the same location of delivery at no additional charge.
e. No Other Warranties. No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein.
5. Buyer’s Obligations
a. Proper Care. Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, and proper and sufficient nutrition. Buyer will provide proper veterinary care throughout the puppy/dog’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy/dog’s immunity to common canine diseases.
b. Veterinary Care. Buyer will also provide the following veterinary care: (i) routine vaccinations and/or titers to prevent common infectious diseases; (ii) routine treatment for internal and external parasites; and (iii) annual examination by a licensed veterinarian.
c. Care to Prevent Orthopedic Conditions. Buyer will also provide the following care: (i) Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight; (ii) Proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging) until the puppy/dog is full grown or the activity is approved by a licensed veterinarian; and (iii) Avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller than itself at the shoulder until the puppy/dog is full grown or the activity is approved by a licensed veterinarian.
d. Sale Prohibition. Buyer is not acting as an agent in the purchase of the puppy/dog. Buyer agrees neither the puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes of vivisection or research. Buyer also agrees that neither the puppy/dog, nor any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house or pet store.
e. Restrictions on Transfer. If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer’s death or incapacity), at Breeder’s sole election, the puppy shall be (a) returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog to Breeder or (b) rehomed by Buyer with Breeder’s prior written approval, in each case without any refunds or payments due to Buyer. If, following receipt, Breeder decides to rehome the puppy/dog, Breeder may elect to refund Buyer a portion of the original Purchase Price after deducting applicable maintenance, training, veterinary and other costs. Such refund amount shall be determined by Breeder in its sole discretion. Buyer acknowledges that the refund amount may be significantly less than the puppy/dog’s original Purchase Price depending upon the age, training, and condition of the puppy/dog.
f. Breach by Buyer. Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void.
6. Breeding Rights
a. Breeding Prospect. Seller acknowledges that where the puppy/dog is being sold as a breeding prospect, Seller represents that, at the time of sale, the puppy/dog shows promise of being worthy of being bred as an adult. Buyer acknowledges that due to changes which can occur as a dog matures, and the necessity of health clearances being obtained prior to breeding, Seller is not providing a guarantee that puppy/dog will be of breeding quality as an adult. If puppy/dog fails to pass any health clearances or is otherwise determined by Seller to be unsuitable for breeding, Buyer agrees (i) not to breed the puppy/dog and (ii) to promptly have a hysterectomy/vasectomy completed on the puppy/dog (at Buyer’s expense).
b. Breeding Partner, Costs and Ongoing Rights. If the puppy/dog is female, Buyer has the sole discretion to choose healthy and fit stud dog(s) for breeding. If the puppy/dog is male, Buyer has the sole discretion to approve all females to which the puppy/dog may be bred, ensuring they are healthy and fit for breeding. Buyer is responsible for all costs related to breeding the puppy/dog, including, but not limited to, the costs of health clearances, stud fees, transportation, veterinary care, and whelping and raising the litter. Seller relinquishes to Buyer all rights to any future litters.
7. Agreement to Mediate
If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
8. Governing Law
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to the conflicts of laws provisions thereof.
9. Miscellaneous
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
I acknowledge that this is a legal and binding contract and have reviewed and agree to the terms listed above. This contract applies only to the original Buyer and is NOT transferable.