For your review you will find below a copy of our health guarantee and contract. We assume, unless otherwise discussed and agreed upon, that you are purchasing a puppy from Havana Rouge for a pet only, without the intent to breed or to show. Please review the terms of this contract prior to placing a non-refundable deposit. We will exchange a legal copy through DocuSign online...prior to your receiving the puppy. Thanks! Becca
CONTRACT FOR SALE OF PUPPY
This agreement made the _________ day of _______________, 20____ by and between:
City: ________________________________State:_________ Zip:_____________
Home Phone: ______________________________.
Cell # _____________________________
Upon PAYMENT of the sum of $______________ (purchase price) paid by Buyer to Seller, receipt of which is hereby acknowledged, Seller grants and sells transfer of ownership of the following dog to buyer:
BREED:___________________________. SEX: _____________.
The parties accept and agree to be bound by the following terms and conditions governing the purchase and sale of this Dog:
1. DEPOSIT, Payment and Purchase Price, Fees
Buyer has paid a deposit of $ __________(cash, cashiers check or PayPal, or Venmo, other)Paypal or credit card may be used also (3.5% fee added) with payment of the balance of $___________ due upon release of the Dog to Buyer. The mutually agreed upon delivery date is ___________________, or such other date as the parties may mutually agree in writing beyond the execution of the agreement. Payment of the balance may be made. _(cash, cashiers check or PayPal, or Venmo, other)Paypal or credit card may be used also (3.5% fee added)
Buyer acknowledges and agrees that the buyer will forfeit the deposit and any rights to the Dog if: (a) Buyer fails to complete the purchase of the Dog for any reason, or (b) Buyer fails to pay the balance of the Purchase Price within TEN 10 days prior to delivery date. At which time Seller has the right to offer puppy up for sale to another family.
In the event that the Dog is not available due to sickness, death, or any other circumstance due to the fault of the Seller, statement by veterinarian or acts of God, Buyers deposit will, at Buyer's option, be either refunded, or transferred to the next similar puppy. In the event no other puppies are available, deposit will be refunded.
A boarding fee of TEN DOLLARS ($10.00) per day will be charged for each day the Dog is boarded by Seller past the date puppy is agreed to be picked up by, unless Buyer and Seller agree to alternate terms evidenced in writing and dated by both parties.
2. Transfer of Ownership and AKC Registration
Upon Proof of Spay or Neuter, Seller shall promptly take all actions required to officially transfer Ownership and AKC limited registration of the Dog to Buyer as agreed.
3. Seller's Representation and Warranties
Seller represents and warrants to Buyer that:
(a). Seller is the legal and true owner of the Dog and that Seller has full right and authority to sell the Dog
(b). The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
(c). The Dog is the breed and true offspring of the sire and dam referenced on page 1 of this agreement.
(d) The Dog is in good health and free of communicable diseases at the time of this sale as shown by a current Louisiana health certificate issued by a licensed veterinarian and provided to buyer with puppy.
(e) Seller gives Buyer 72 business hours from the delivery date to have the Dog examined by a licensed veterinarian, at Buyer's sole cost. If the Dog fails the examination, Buyer may return the Dog (at buyers’ expense) with a written statement from the veterinarian, for a full refund or exchange of equal puppy if available. Failure to have the dog examined within 72 business hours will nullify this warranty. Should buyer wish to keep puppy, no replacement will be given, and medical cost and treatments are sole responsibility of the Buyer. Buyer releases and holds harmless Seller from any liability resulting from any and all health issues and medical cost.
(f) RETURN/REFUND: Seller retains first right of refusal. Should buyer not want to keep puppy, seller will take the dog back at any time during the Dog's lifetime for any reason. Seller will not issue a refund upon the return of the dog Buyer will provide the Seller with any and all documentation for the dog, including medical records and registration papers as well as transfer form for microchip.
(g) HEALTH GUARANTEE: Seller guarantees this Dog for 3-5 years of age. Should this Dog develop any genetic abnormality (pre- existing conditions excluded), that would significantly shorten the lifespan of the Dog, attested to in writing to Seller by Buyer's veterinarian, and canine specialist, and/or sellers’ choice of a 2nd opinion veterinarian, the seller will provide buyer with a replacement Dog upon return of the original Dog. OR if Buyer wishes to keep this Dog, Buyer can make satisfactory arrangements to seller to provide high quality medical care to the Dog at Buyers expense and maintain custody of the Dog. For the first year (first birthday), Seller may pay UP TO FULL purchase price in refund. This is upon proof of medical bills from 2 like-opinions from two veterinarians from two separate practices showing statements of a proven life threatening or life altering genetic disorder that will shorten the lifespan or cause lifetime health issues that lessen dog’s quality of life and ability to normal life. Up to third birthday Seller will pay up to half purchase price for genetic issues with same proof as above. Up to 5th birthday Seller will pay up to half purchase price for proven genetic issues with same proof as above AND proof Dog was given Nuvet vitamins entire lifetime. Refunds and replacements are of proven genetic issues that are LIFE THREATENING or decrease the quality of having a normal life only. We are not responsible for injuries, tear stains, neglect, seizers from head injuries or toxic items, or hypoglycemia (brought on by stress or lack of eating)
(h) Seller does not guarantee Dog against any health-related problems or death caused from vaccines, heartworm prevention, or flea/tick treatments (oral or topical). This includes symptoms of kennel cough after puppy has received the vaccine. Seller does NOT give Lepto vaccine to any Dog under 16 weeks old. Seller does not guarantee injuries resulting in loose patellas or cherry eyes. If Dog did not have these issues at time of purchase, Seller is not responsible for them.
4. Buyers Representations
Buyer represents to Seller that:
(a) Buyer will maintain the dog in good health, including keeping up with parasites, internal and external, removing extra puppy teeth, keeping teeth clean, keeping up heartworm prevention and rabies vaccine per law.
(b) This Dog will reside inside the home of the Buyer and his/her family. Dog will not be allowed to roam free outside at will and will not be permanently chained or tethered outside. Dog will be kept free of gross matting and not allowed to sit in his/her feces/urine for long hours.
(c) Buyer will provide the Dog with nutritious high-quality food and keep the Dog coat groomed and free of matts and debris. Buyer will provide necessary veterinary care, including routine fecal checks and dental care (extractions of puppy teeth are buyer’s responsibility).
(d) Buyer is not acting as agent for any other person or business in the purchase of the Dog.
(e) Buyer will not sell, release the dog to a pet shop, puppy mill, retail store, dog dealer, animal testing facility, research facility, or agent for any such facility.
(f) Buyer will NOT breed this dog to any dog of any breed. Dog is to be spayed/neutered.
Males: recommend neuter at 9-12 months. Females 3 months after the first heat cycle. Seller may seek recourse in court of up to $5000 for Dog being bred as well as repossess this Dog.
(g) Buyer will return dog to seller if Buyer can't keep This Dog at any time during dog’s life, unless other satisfactory arrangements are made with seller to place Dog elsewhere.
(h) Buyer will seek proper training to ensure the temperament of the Dog is fit for his/her family. Behavior issues are the responsibility of the buyer to correct and train.
5. Indemnity and Release
If any action or failure to act on the part of the Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and pay all of Sellers cost 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 Buyer, including but not limited to damage to or destruction of property, and injury to any person.
6. Entire Agreement
This agreement represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations, or warranties, express or implied, unless specifically stated in this agreement. Seller and Buyer further intend that this agreement be fully binding between parties and agree to be held to the terms of this agreement.
Buyer:_____________________________________. Date ____________________
Seller: Rebecca Huff 318-245-2914 160 Thatcher Road Ruston, La 71270
Havana Rouge Havanese AKC Breeder www.havanarouge.com