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is your contract on your site? i cant seem to navigate it very wellgracielou said:
if not can you send it to me if you dont mind sharing
[email protected]
a question about warranties or terms
21 - 40 of 77 Posts
if not can you send it to me if you dont mind sharing
[email protected]
My contract is long and is very strict in clause 2, the spay/neuter clause...but the conditions (all inclusive) of clause 2 only apply to clause 2, and it is so stated on the contract.
The only thing I have removed is my address and telephone number.
FYI in clause 3, I state that the items are available for contracting buyers only...that is so I am not photocopying everything for everyone...but I would gladly give a copy of testing results to anyone seriously looking at buying a puppy.
My contract is not on my web site because I am not able to alter my web site and did not want contractural promises on an outdated site. So, I send it to any prospective buyer, after I have approved their application...but before they make any decision or put any money down as a deposit.
BACK PORCH LABRADOODLES OF CALIFORNIA
www.backporchlabradoodles.com
[email protected]
CONTRACT OF SALE AND WARRANTY
This Contract of Sale and Warranty (Contract) must be completed, signed, dated and delivered to Back Porch Labradoodles of California (Seller) prior to the Dog or Puppy leaving Seller's premises.
This contract is made between Seller, Back Porch Labradoodles of California, and
……………………………………………………………………………… (Buyer)
Buyer resides at: ……………………………………………………………………
………………………………………………………………………………………
Buyer's home phone number is: …………………………………………………...
Alternate phone number is: ………………………………………………………..
Fax number is: ……………………. E-mail: …………………………………….
Person to contact if Buyer is unavailable: (Name/address/phone) ………………...
…………………………………………………………………………………..………..
Seller has sold the Labradoodle or Goldendoodle described below:
Name of Dog: …………………………………………………………………………….
Gender: ……………………….. Date of Birth: ………………………………………….
Microchip # ………………………….. Color: …………………………………………..
The sire of this dog/puppy is: …………………………………………………………….
Registration with: …………………………………. Registration # …………………….
The dam of this dog/puppy is: ……………………………………………………………
Registration with: …………………………………. Registration # …………………….
GENERAL CONDITIONS
1. Buyer acknowledges that the Labradoodle/Goldendoodle is being purchased for the Buyer to us in personal, domestic or household use (as a pet) and NOT for breeding, medical experimentation, or any other purpose.
2. Buyer understands and agrees that the dog/puppy will be spayed or neutered under the following conditions and damage liquidation terms:
a. The subject dog/puppy will be spayed/neutered no later than the puppy reaching the age of 5 months, unless Buyer's vet feels that it is unsafe and Buyer provides a statement from the vet indicating the date of intended spay or neutering and Seller agrees to extend the time. Buyer agrees to make an appointment with a qualified vet for the surgical spay/neuter of the puppy and to provide verification of the appointment to Seller
b. Buyer shall provide a certificate of spay/neuter to the Seller within one week of the procedure. Seller may take steps to verify the information.
c. In the event of breach of this particular condition (2) of the Contract, Seller retains the right to cancel all health warranties, demand return of the puppy/dog purchased (without refund of purchase price), and retain all ownership claim to any offspring produced by the subject dog/puppy, together with any fees paid or received for stud service or deposits paid or received for any and all puppies produced.
d. This Contract will be in breach and all remedial clauses in full effect, when or if the subject dog/puppy produces puppies even though the pregnancy should result from an accidental mating.
e. At no time will an abortion be performed on the subject dog/puppy without the express written consent of Seller.
f. If Buyer breaches any condition in clause 2, Buyer will be solely and completely liable to any third party purchaser or breeder of puppies resulting from mating this dog, or from collateral promises or agreements to mate this dog, and will agree to refund any money collected by or paid to another as consideration for active breach of this Contract and/or Buyer agrees to pay any monies due for said breeding and/or puppies related to the subject dog.
g. Seller will, in no way, be liable to any third party purchaser or breeder who deals with Buyer, as it is customary in this business that owners of dogs must also own breeding rights in order to produce offspring from an intact dog and Buyer is obligated to inform any other interested party about clause 2 in this Contract.
h. Unless expressly given, Buyer does NOT possess breeding rights for the subject dog. Said breeding rights remain exclusively with Seller.
i. If Buyer is charged with breaching any part or all of clause (2) of the Contract and Seller should decide to litigate, Buyer agrees to pay attorney fees and court costs for said litigation.
j. If Buyer willfully or negligently breeds the dog/puppy (subject of this Contract), or willfully or negligently allows the dog/puppy (subject of this Contract) to be bred; Buyer agrees to pay to Seller $5,000 liquidated damages, in addition to any or all of the damages listed in clause 2, and Seller agrees to donate this specified $5,000 fee to a shelter or re-home organization at Seller's discretion, less expenses incurred by Seller.
k. Buyer agrees to immediately notify Seller in the event of a known or negligent breach of clause 2 of this Contract, said notice will be made in writing or by telephone, followed by written confirmation, from the Buyer to the Seller
l. Not withstanding the entirety of clause 2 of this Contract, if the subject dog/puppy is used for breeding (knowingly or negligently or by acquisition of breeding rights) the female dog will not be bred until she is at least 18 months of age and no offspring will be wholesaled or sold through pet stores. Any offspring from this dog/puppy shall be spayed or neutered without breeding, unless the owner carefully selects the new breeder/owner.
m. If Buyer transfers ownership of the subject dog/puppy, Buyer agrees to spay/neuter the animal prior to the transfer.
3. Upon request, Seller will provide a pedigree for the parents of the subject dog/puppy, going back at least three generations. If a pedigree is not available, Buyer shall be fully informed. Buyer shall be given all documentation and copies of health testing and results. These items are available to contracting buyers only.
4. The kennel name, Back Porch Labradoodles of California, must be used in the registration papers of subject dog/puppy and in any advertising media (e.g. Buyer's website) at all times.
5. Seller and Buyer agree to notify the other in the event of a change of address or change in contact information.
6. Seller agrees that if, for any reason within six (6) months from the date of this contract this puppy/dog does not fit into the family circumstances of Buyer, Seller will accept the puppy/dog back and give a full refund (including the deposit) of the purchase price to Buyer. This warranty is conditional on the animal being returned alive. This provision (6) will be void if the dog/puppy has been abused or neglected.
7. Buyer bears all collateral costs relating to this sale, including but not limited to transportation fees, kenneling and boarding fees.
8. The risk of loss or injury to the subject dog/puppy is with the Buyer at all times after the dog/puppy leaves the seller's possession, unless express exceptions exist in other terms of this Contract or Health Warranty.
9. Buyer promises to provide a loving, safe, home environment for the subject dog/puppy, continuing throughout the animal's lifetime. This includes reasonable diet, indoor shelter consisting of heat and/or air conditioning as weather conditions require, protection (including a securely fenced living area), training and medical/dental care.
10. Buyer is fully aware that Seller has not trained the subject dog/puppy and that Buyer is solely liable, for any training needs of or damages caused by the animal after the dog/puppy leaves Seller's possession.
11. Buyer agrees that if, for any reason, Buyer can not provide a loving home environment for the subject dog/puppy, rather than destroy the dog or give it to a shelter, permanently place it in a kennel, or re-home the animal, Seller has the first right of refusal. Buyer shall return the dog to the Seller and Seller make a good faith effort to find a suitable home for the subject dog/puppy. If Seller is able to recoup money for the dog/puppy, she will reimburse Buyer, less reasonable expenses incurred by the Seller. If Seller does not find a suitable home within a reasonable time, Seller will keep the dog/puppy without refund to the Buyer, unless other terms are agreed to, in writing, by the parties.
12. If any dog, purchased by the Buyer at full price, is found to have serious genetic impairment or disability, Seller will give a full refund or replace the dog with one of equal or greater value (at Seller's option) so long as the Seller is notified in writing by a qualified veterinarian (at the Buyer's expense) that the serious impairment/disease is present and that, in the professional opinion of the vet, the impairment/disease is genetic in nature. Seller reserves the right to verify the diagnosis with an independent veterinary evaluation (at the Seller's expense) and Buyer agrees to make the dog available for Seller's independent evaluation. If a third opinion is required, each party will share expenses of a neutral specialist in the medical field for the impairment/disease in question. The decision of the third veterinarian shall be binding on the parties.
If the dog/puppy was purchased at less than full price, for whatever reason, Seller may opt to refund the price paid for the dog/puppy rather than to replace him/her. All conditions listed in clause 12, above, apply in this condition as well.
Further replacement or other remedies may be negotiated by the parties on a case by case basis. Any agreement beyond this contract must be in writing, dated, agreed to, and signed by both the Buyer and Seller. This warranty, against serious genetic impairment or disease, is good for three (3) years after the date on this contract. It is understood that a suitable replacement may not be available, nor provided by the Seller for a period of twelve (12) months, if at all. If no replacement is available the Seller will provide a full refund to Buyer.
Buyer understands that as a dog/puppy matures and grows, environmental conditions may aggravate or cause physical/emotional problems. Therefore, Buyer agrees to use reasonable care in the form of exercise, diet, training and medical care as necessary for the subject dog/puppy.
13. The parties agree that any damages suffered by the Buyer of any nature and cause; or arising from any breach by the Seller of any condition or warranty contained in this Contract; or of any condition or warranty established or implied by law shall be limited to the replacement of the dog by the Seller or a refund, up to the full purchase price paid for the dog/puppy, at Seller's discretion. If a replacement is granted, the originally purchased dog shall be returned to the Seller. Other alternatives may be negotiated by the parties and are subject to a case by case determination. These alternatives, to be enforceable beyond this Contract, must be in writing, dated, agreed to and signed by both the Buyer and the Seller.
14. Buyer acknowledges that there is no promise (express or implied) that the Labradoodle or Goldendoodle will be non-shedding or non-allergenic. Buyer further agrees that the subject dog's/puppy's size and color are not predictable and no promise or warranty regarding size, color, coat appearance, or any physical/behavioral trait is made by the Seller.
15. Buyer has been informed and acknowledges that any puppy, and in particular, this puppy/dog, needs to have consistent training, kind treatment and understanding in order to become a good family dog. Buyer agrees to provide these things in patiently teaching the puppy/dog what is expected of him/her. Seller will provide books and training resources along with support and advice.
16. Any documented or criminally charged form of gross abuse or neglect to this dog/puppy or any breach of this contract voids the contract and Seller may take immediate possession of the animal without further obligation or refund to the Buyer.
17. Should any serious injury or illness occur to the subject dog/puppy prior to delivery to the Buyer, making delivery impossible or unhealthy, Seller reserves the right to a later delivery date of the same dog/puppy, or Seller has the option to provide Buyer a full refund of money paid or apply the payment to another suitable dog/puppy when reasonably available. Seller will make every attempt to do the bidding of the Buyer; however, Seller has no liability for damages to the Buyer for any loss beyond those listed in this Contract.
18. Buyer agrees that this dog/puppy shall not be euthanized without express consent of the Breeder unless it is to ease severe and immediate suffering of the dog/puppy, or so long as the Seller is notified in writing by a qualified veterinarian (at the Buyer's expense) that euthanasia is necessary and that no other option was/is available to spare the suffering of the dog/puppy. Seller reserves the right to verify the diagnosis with an independent veterinary evaluation (at the Seller's expense) if doing so does not cause further suffering for the animal. If a third opinion is required, each party will share expenses of a neutral specialist in the medical field for the issue in question. The decision of the third veterinarian shall be binding on the parties.
19. Buyer acknowledges that, other than the information, representations and warranties contained in this agreement:
a. No information, representation or warranty other than in this Contract, made by the Seller or the Seller's employees or agents is for the purpose, intention, or knowledge that it would be relied upon by the Buyer; AND
b. No information, representation or warranty other than that contained in this Contract has been relied upon; AND
c. This Contract constitutes the entire agreement between the parties for the sale and purchase of the subject dog/puppy and supersedes all previous negotiations and agreements in relation to the transaction.
20. The parties agree that this Contract was made in the State of California and agree that it shall be governed by and construed in accordance with the laws of the state of California and the parties agree to submit to the jurisdiction of the courts of the State of California for any dispute arising from this Contract or transaction. Venue shall be at Mendocino County, Willits, California. Each party will bear its own costs of litigation, except for breaches of contract arising from paragraph two (2) of this Contract.
21. Property in the subject dog/puppy shall only pass upon the signing of this Contract and payment of all monies due under the Contract.
22. Buyer agrees to indemnify and to hold Seller harmless from any liability, suit or action of any kind arising out of a breach of this contract.
SHORT-TERM WELL PUPPY WARRANTY
1. Seller warrants that the subject dog/puppy sold under this contract is well and healthy as of the date that the puppy leaves the Seller's premises. Seller asserts that the dog/puppy was examined by a veterinarian prior to delivery to the Buyer and that at that time the dog/puppy was in sound health. Puppies sold out of state shall be examined and delivered with a certificate of good health from Seller's vet. The dog/puppy will be current with recommended inoculations when he/she leaves the Seller's premises. All vet records will be provided to Buyer.
2. The subject dog/puppy will be implanted with a microchip before leaving the Seller's premises; the registration of said microchip will be the responsibility of the Buyer. Buyer agrees to list Seller (breeder) as secondary contact on the microchip registration certificate.
3. If, based upon an examination by Buyer's veterinarian, the dog/puppy is found to be ill, if diagnosed within 4 days after Buyer takes possession of the animal. Seller will reimburse Buyer for the reasonable medical expenses necessary to correct or cure the condition or illness, up to the full purchase price of the dog/puppy. The expenses must be reasonable and customary for the diagnosis made and the diagnosis may be subject to a second opinion at the Seller's discretion and expense. If Buyer prefers, the animal may be replaced by one of equal or greater value when and if one is available. It is understood that a suitable replacement may not be available, nor provided by the Seller for a period of twelve (12) months, if at all. If no replacement is available the Seller will provide a full refund to Buyer.
4. Seller is not liable for any accident or injury of the dog/puppy after the animal leaves Seller's premises.
5. While away from home and in transit with the dog/puppy, Buyer agrees to securely leash the animal and to be mindful that the animal may try to run away. Extra precautions shall be made by Buyer for such an event. Seller advises the use of a halter device for the initial leash attachment since dogs/puppies easily pull out of a collar.
6. This well puppy warranty will be void if the dog/puppy named in this contract has not been examined by a qualified veterinarian within four (4) calendar days of receipt of the dog/puppy by the Buyer. Seller strongly encourages Buyer to make an appointment before the dog/puppy is expected to be delivered or received.
7. This well puppy warranty will be void if the Buyer has intentionally or negligently exposed the puppy to common areas for dogs and/or other domestic or wild animals, or allows others to be in close proximity of the puppy if those individuals have been in such areas or around other animals before the subject dog/puppy has had his/her full series of inoculations or in the event of negligent or abusive treatment of the dog/puppy.
SPECIAL CONDITIONS
In order to validate the Warranty which is part of this Contract, the Contract must be fully completed, signed by the legal new owner of the dog named herein and delivered to Back Porch Labradoodles of California at least five (5) days prior to the subject dog/puppy leaving Seller's premises, unless the Contract is to be executed by each party at the time of delivery.
Failure to comply with the Special Conditions will render the sale and Warranty null and void.
Price of the subject dog/puppy is $_____.00 payable in U.S. currency, plus shipping and any other special treatment (e.g. rabies vaccination, travel crate, etc. as invoiced) in the same currency. A non-refundable deposit of $300.00 is required to reserve a specific dog/puppy and the deposit is applied to the full purchase price. Deposits for any other reason (to reserve a place on a waiting list, for example) may be subject to refund, depending on conditions and negotiations.
The following is a list of payments made by the Buyer, to date:
………………………………………………………………………………………
………………………………………………………………………………………
Unless other arrangements are made, unpaid balances are due and payable upon delivery of the dog/puppy.
STATEMENT OF AGREEMENT
I, as the Buyer of the dog/puppy described in this Contract of Sale and Warranty, do hereby declare that I have read and fully understand and agree with the terms, conditions, and warranties contained herein.
Seller affirms that the dog/puppy described in this Contract of Sale and Warranty is the dog delivered to Buyer. Seller agrees to the terms, conditions and warranties contained herein.
Buyer's Signature:
……………………………………………. Dated: ……………………………….
Buyer's name printed:
……………………………………………………………………………………...
Signed on behalf of Seller, Back Porch Labradoodles of California:
……………………………………………. Dated: ……………………………….
Jacque Reynolds
The only thing I have removed is my address and telephone number.
FYI in clause 3, I state that the items are available for contracting buyers only...that is so I am not photocopying everything for everyone...but I would gladly give a copy of testing results to anyone seriously looking at buying a puppy.
My contract is not on my web site because I am not able to alter my web site and did not want contractural promises on an outdated site. So, I send it to any prospective buyer, after I have approved their application...but before they make any decision or put any money down as a deposit.
BACK PORCH LABRADOODLES OF CALIFORNIA
www.backporchlabradoodles.com
[email protected]
CONTRACT OF SALE AND WARRANTY
This Contract of Sale and Warranty (Contract) must be completed, signed, dated and delivered to Back Porch Labradoodles of California (Seller) prior to the Dog or Puppy leaving Seller's premises.
This contract is made between Seller, Back Porch Labradoodles of California, and
……………………………………………………………………………… (Buyer)
Buyer resides at: ……………………………………………………………………
………………………………………………………………………………………
Buyer's home phone number is: …………………………………………………...
Alternate phone number is: ………………………………………………………..
Fax number is: ……………………. E-mail: …………………………………….
Person to contact if Buyer is unavailable: (Name/address/phone) ………………...
…………………………………………………………………………………..………..
Seller has sold the Labradoodle or Goldendoodle described below:
Name of Dog: …………………………………………………………………………….
Gender: ……………………….. Date of Birth: ………………………………………….
Microchip # ………………………….. Color: …………………………………………..
The sire of this dog/puppy is: …………………………………………………………….
Registration with: …………………………………. Registration # …………………….
The dam of this dog/puppy is: ……………………………………………………………
Registration with: …………………………………. Registration # …………………….
GENERAL CONDITIONS
1. Buyer acknowledges that the Labradoodle/Goldendoodle is being purchased for the Buyer to us in personal, domestic or household use (as a pet) and NOT for breeding, medical experimentation, or any other purpose.
2. Buyer understands and agrees that the dog/puppy will be spayed or neutered under the following conditions and damage liquidation terms:
a. The subject dog/puppy will be spayed/neutered no later than the puppy reaching the age of 5 months, unless Buyer's vet feels that it is unsafe and Buyer provides a statement from the vet indicating the date of intended spay or neutering and Seller agrees to extend the time. Buyer agrees to make an appointment with a qualified vet for the surgical spay/neuter of the puppy and to provide verification of the appointment to Seller
b. Buyer shall provide a certificate of spay/neuter to the Seller within one week of the procedure. Seller may take steps to verify the information.
c. In the event of breach of this particular condition (2) of the Contract, Seller retains the right to cancel all health warranties, demand return of the puppy/dog purchased (without refund of purchase price), and retain all ownership claim to any offspring produced by the subject dog/puppy, together with any fees paid or received for stud service or deposits paid or received for any and all puppies produced.
d. This Contract will be in breach and all remedial clauses in full effect, when or if the subject dog/puppy produces puppies even though the pregnancy should result from an accidental mating.
e. At no time will an abortion be performed on the subject dog/puppy without the express written consent of Seller.
f. If Buyer breaches any condition in clause 2, Buyer will be solely and completely liable to any third party purchaser or breeder of puppies resulting from mating this dog, or from collateral promises or agreements to mate this dog, and will agree to refund any money collected by or paid to another as consideration for active breach of this Contract and/or Buyer agrees to pay any monies due for said breeding and/or puppies related to the subject dog.
g. Seller will, in no way, be liable to any third party purchaser or breeder who deals with Buyer, as it is customary in this business that owners of dogs must also own breeding rights in order to produce offspring from an intact dog and Buyer is obligated to inform any other interested party about clause 2 in this Contract.
h. Unless expressly given, Buyer does NOT possess breeding rights for the subject dog. Said breeding rights remain exclusively with Seller.
i. If Buyer is charged with breaching any part or all of clause (2) of the Contract and Seller should decide to litigate, Buyer agrees to pay attorney fees and court costs for said litigation.
j. If Buyer willfully or negligently breeds the dog/puppy (subject of this Contract), or willfully or negligently allows the dog/puppy (subject of this Contract) to be bred; Buyer agrees to pay to Seller $5,000 liquidated damages, in addition to any or all of the damages listed in clause 2, and Seller agrees to donate this specified $5,000 fee to a shelter or re-home organization at Seller's discretion, less expenses incurred by Seller.
k. Buyer agrees to immediately notify Seller in the event of a known or negligent breach of clause 2 of this Contract, said notice will be made in writing or by telephone, followed by written confirmation, from the Buyer to the Seller
l. Not withstanding the entirety of clause 2 of this Contract, if the subject dog/puppy is used for breeding (knowingly or negligently or by acquisition of breeding rights) the female dog will not be bred until she is at least 18 months of age and no offspring will be wholesaled or sold through pet stores. Any offspring from this dog/puppy shall be spayed or neutered without breeding, unless the owner carefully selects the new breeder/owner.
m. If Buyer transfers ownership of the subject dog/puppy, Buyer agrees to spay/neuter the animal prior to the transfer.
3. Upon request, Seller will provide a pedigree for the parents of the subject dog/puppy, going back at least three generations. If a pedigree is not available, Buyer shall be fully informed. Buyer shall be given all documentation and copies of health testing and results. These items are available to contracting buyers only.
4. The kennel name, Back Porch Labradoodles of California, must be used in the registration papers of subject dog/puppy and in any advertising media (e.g. Buyer's website) at all times.
5. Seller and Buyer agree to notify the other in the event of a change of address or change in contact information.
6. Seller agrees that if, for any reason within six (6) months from the date of this contract this puppy/dog does not fit into the family circumstances of Buyer, Seller will accept the puppy/dog back and give a full refund (including the deposit) of the purchase price to Buyer. This warranty is conditional on the animal being returned alive. This provision (6) will be void if the dog/puppy has been abused or neglected.
7. Buyer bears all collateral costs relating to this sale, including but not limited to transportation fees, kenneling and boarding fees.
8. The risk of loss or injury to the subject dog/puppy is with the Buyer at all times after the dog/puppy leaves the seller's possession, unless express exceptions exist in other terms of this Contract or Health Warranty.
9. Buyer promises to provide a loving, safe, home environment for the subject dog/puppy, continuing throughout the animal's lifetime. This includes reasonable diet, indoor shelter consisting of heat and/or air conditioning as weather conditions require, protection (including a securely fenced living area), training and medical/dental care.
10. Buyer is fully aware that Seller has not trained the subject dog/puppy and that Buyer is solely liable, for any training needs of or damages caused by the animal after the dog/puppy leaves Seller's possession.
11. Buyer agrees that if, for any reason, Buyer can not provide a loving home environment for the subject dog/puppy, rather than destroy the dog or give it to a shelter, permanently place it in a kennel, or re-home the animal, Seller has the first right of refusal. Buyer shall return the dog to the Seller and Seller make a good faith effort to find a suitable home for the subject dog/puppy. If Seller is able to recoup money for the dog/puppy, she will reimburse Buyer, less reasonable expenses incurred by the Seller. If Seller does not find a suitable home within a reasonable time, Seller will keep the dog/puppy without refund to the Buyer, unless other terms are agreed to, in writing, by the parties.
12. If any dog, purchased by the Buyer at full price, is found to have serious genetic impairment or disability, Seller will give a full refund or replace the dog with one of equal or greater value (at Seller's option) so long as the Seller is notified in writing by a qualified veterinarian (at the Buyer's expense) that the serious impairment/disease is present and that, in the professional opinion of the vet, the impairment/disease is genetic in nature. Seller reserves the right to verify the diagnosis with an independent veterinary evaluation (at the Seller's expense) and Buyer agrees to make the dog available for Seller's independent evaluation. If a third opinion is required, each party will share expenses of a neutral specialist in the medical field for the impairment/disease in question. The decision of the third veterinarian shall be binding on the parties.
If the dog/puppy was purchased at less than full price, for whatever reason, Seller may opt to refund the price paid for the dog/puppy rather than to replace him/her. All conditions listed in clause 12, above, apply in this condition as well.
Further replacement or other remedies may be negotiated by the parties on a case by case basis. Any agreement beyond this contract must be in writing, dated, agreed to, and signed by both the Buyer and Seller. This warranty, against serious genetic impairment or disease, is good for three (3) years after the date on this contract. It is understood that a suitable replacement may not be available, nor provided by the Seller for a period of twelve (12) months, if at all. If no replacement is available the Seller will provide a full refund to Buyer.
Buyer understands that as a dog/puppy matures and grows, environmental conditions may aggravate or cause physical/emotional problems. Therefore, Buyer agrees to use reasonable care in the form of exercise, diet, training and medical care as necessary for the subject dog/puppy.
13. The parties agree that any damages suffered by the Buyer of any nature and cause; or arising from any breach by the Seller of any condition or warranty contained in this Contract; or of any condition or warranty established or implied by law shall be limited to the replacement of the dog by the Seller or a refund, up to the full purchase price paid for the dog/puppy, at Seller's discretion. If a replacement is granted, the originally purchased dog shall be returned to the Seller. Other alternatives may be negotiated by the parties and are subject to a case by case determination. These alternatives, to be enforceable beyond this Contract, must be in writing, dated, agreed to and signed by both the Buyer and the Seller.
14. Buyer acknowledges that there is no promise (express or implied) that the Labradoodle or Goldendoodle will be non-shedding or non-allergenic. Buyer further agrees that the subject dog's/puppy's size and color are not predictable and no promise or warranty regarding size, color, coat appearance, or any physical/behavioral trait is made by the Seller.
15. Buyer has been informed and acknowledges that any puppy, and in particular, this puppy/dog, needs to have consistent training, kind treatment and understanding in order to become a good family dog. Buyer agrees to provide these things in patiently teaching the puppy/dog what is expected of him/her. Seller will provide books and training resources along with support and advice.
16. Any documented or criminally charged form of gross abuse or neglect to this dog/puppy or any breach of this contract voids the contract and Seller may take immediate possession of the animal without further obligation or refund to the Buyer.
17. Should any serious injury or illness occur to the subject dog/puppy prior to delivery to the Buyer, making delivery impossible or unhealthy, Seller reserves the right to a later delivery date of the same dog/puppy, or Seller has the option to provide Buyer a full refund of money paid or apply the payment to another suitable dog/puppy when reasonably available. Seller will make every attempt to do the bidding of the Buyer; however, Seller has no liability for damages to the Buyer for any loss beyond those listed in this Contract.
18. Buyer agrees that this dog/puppy shall not be euthanized without express consent of the Breeder unless it is to ease severe and immediate suffering of the dog/puppy, or so long as the Seller is notified in writing by a qualified veterinarian (at the Buyer's expense) that euthanasia is necessary and that no other option was/is available to spare the suffering of the dog/puppy. Seller reserves the right to verify the diagnosis with an independent veterinary evaluation (at the Seller's expense) if doing so does not cause further suffering for the animal. If a third opinion is required, each party will share expenses of a neutral specialist in the medical field for the issue in question. The decision of the third veterinarian shall be binding on the parties.
19. Buyer acknowledges that, other than the information, representations and warranties contained in this agreement:
a. No information, representation or warranty other than in this Contract, made by the Seller or the Seller's employees or agents is for the purpose, intention, or knowledge that it would be relied upon by the Buyer; AND
b. No information, representation or warranty other than that contained in this Contract has been relied upon; AND
c. This Contract constitutes the entire agreement between the parties for the sale and purchase of the subject dog/puppy and supersedes all previous negotiations and agreements in relation to the transaction.
20. The parties agree that this Contract was made in the State of California and agree that it shall be governed by and construed in accordance with the laws of the state of California and the parties agree to submit to the jurisdiction of the courts of the State of California for any dispute arising from this Contract or transaction. Venue shall be at Mendocino County, Willits, California. Each party will bear its own costs of litigation, except for breaches of contract arising from paragraph two (2) of this Contract.
21. Property in the subject dog/puppy shall only pass upon the signing of this Contract and payment of all monies due under the Contract.
22. Buyer agrees to indemnify and to hold Seller harmless from any liability, suit or action of any kind arising out of a breach of this contract.
SHORT-TERM WELL PUPPY WARRANTY
1. Seller warrants that the subject dog/puppy sold under this contract is well and healthy as of the date that the puppy leaves the Seller's premises. Seller asserts that the dog/puppy was examined by a veterinarian prior to delivery to the Buyer and that at that time the dog/puppy was in sound health. Puppies sold out of state shall be examined and delivered with a certificate of good health from Seller's vet. The dog/puppy will be current with recommended inoculations when he/she leaves the Seller's premises. All vet records will be provided to Buyer.
2. The subject dog/puppy will be implanted with a microchip before leaving the Seller's premises; the registration of said microchip will be the responsibility of the Buyer. Buyer agrees to list Seller (breeder) as secondary contact on the microchip registration certificate.
3. If, based upon an examination by Buyer's veterinarian, the dog/puppy is found to be ill, if diagnosed within 4 days after Buyer takes possession of the animal. Seller will reimburse Buyer for the reasonable medical expenses necessary to correct or cure the condition or illness, up to the full purchase price of the dog/puppy. The expenses must be reasonable and customary for the diagnosis made and the diagnosis may be subject to a second opinion at the Seller's discretion and expense. If Buyer prefers, the animal may be replaced by one of equal or greater value when and if one is available. It is understood that a suitable replacement may not be available, nor provided by the Seller for a period of twelve (12) months, if at all. If no replacement is available the Seller will provide a full refund to Buyer.
4. Seller is not liable for any accident or injury of the dog/puppy after the animal leaves Seller's premises.
5. While away from home and in transit with the dog/puppy, Buyer agrees to securely leash the animal and to be mindful that the animal may try to run away. Extra precautions shall be made by Buyer for such an event. Seller advises the use of a halter device for the initial leash attachment since dogs/puppies easily pull out of a collar.
6. This well puppy warranty will be void if the dog/puppy named in this contract has not been examined by a qualified veterinarian within four (4) calendar days of receipt of the dog/puppy by the Buyer. Seller strongly encourages Buyer to make an appointment before the dog/puppy is expected to be delivered or received.
7. This well puppy warranty will be void if the Buyer has intentionally or negligently exposed the puppy to common areas for dogs and/or other domestic or wild animals, or allows others to be in close proximity of the puppy if those individuals have been in such areas or around other animals before the subject dog/puppy has had his/her full series of inoculations or in the event of negligent or abusive treatment of the dog/puppy.
SPECIAL CONDITIONS
In order to validate the Warranty which is part of this Contract, the Contract must be fully completed, signed by the legal new owner of the dog named herein and delivered to Back Porch Labradoodles of California at least five (5) days prior to the subject dog/puppy leaving Seller's premises, unless the Contract is to be executed by each party at the time of delivery.
Failure to comply with the Special Conditions will render the sale and Warranty null and void.
Price of the subject dog/puppy is $_____.00 payable in U.S. currency, plus shipping and any other special treatment (e.g. rabies vaccination, travel crate, etc. as invoiced) in the same currency. A non-refundable deposit of $300.00 is required to reserve a specific dog/puppy and the deposit is applied to the full purchase price. Deposits for any other reason (to reserve a place on a waiting list, for example) may be subject to refund, depending on conditions and negotiations.
The following is a list of payments made by the Buyer, to date:
………………………………………………………………………………………
………………………………………………………………………………………
Unless other arrangements are made, unpaid balances are due and payable upon delivery of the dog/puppy.
STATEMENT OF AGREEMENT
I, as the Buyer of the dog/puppy described in this Contract of Sale and Warranty, do hereby declare that I have read and fully understand and agree with the terms, conditions, and warranties contained herein.
Seller affirms that the dog/puppy described in this Contract of Sale and Warranty is the dog delivered to Buyer. Seller agrees to the terms, conditions and warranties contained herein.
Buyer's Signature:
……………………………………………. Dated: ……………………………….
Buyer's name printed:
……………………………………………………………………………………...
Signed on behalf of Seller, Back Porch Labradoodles of California:
……………………………………………. Dated: ……………………………….
Jacque Reynolds
Joined
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2,733 Posts
Thank you Jac
I like your wording ,although lenghty it gives you the right to make the final call , Good move
I think you covered about all you need to ,,do you mind if i use some of your wording?
I used to give a lifetime guarantee, few issues arise,,however with HD, its subjective ,,full refund does look good on paper, but how do you prove or disprove it was due to other factors or not,, I try to be as clear as i can on our guarantee, i have NEVER not replaced a pup, for any reason, seems some breeders are offering a full refund for something that can have other causes then congential
Guess i have been breeding showing ,,etc etc too long, seen to much,,,
although some seem to think i think i know it all that is not the case, i have been a vet tech, raised trained showed dogs most of my life (from age 16yrs old) im now 50,,,,I certainly hope i know a bit more then most
I may come across as a know it all,,that is not the case, i am still learning, its hard to type and talk and not offend, I never mean to do so, i hope i havent ,,although im sure i have according to one source,
I have learned alot in the last few days..... for one some people i thought i knew and cared about are 2faced,, sad fact, hurts quite a bit,,but i am sure that is what it was meant to do,,
In any case I will do what i KNOW to be right by my dogs, and my clients
its worked for me for over 20yrs ,,and i will continue to care and do what i need to do to make everyone as happy as i can
I like your wording ,although lenghty it gives you the right to make the final call , Good move
I think you covered about all you need to ,,do you mind if i use some of your wording?
I used to give a lifetime guarantee, few issues arise,,however with HD, its subjective ,,full refund does look good on paper, but how do you prove or disprove it was due to other factors or not,, I try to be as clear as i can on our guarantee, i have NEVER not replaced a pup, for any reason, seems some breeders are offering a full refund for something that can have other causes then congential
Guess i have been breeding showing ,,etc etc too long, seen to much,,,
although some seem to think i think i know it all that is not the case, i have been a vet tech, raised trained showed dogs most of my life (from age 16yrs old) im now 50,,,,I certainly hope i know a bit more then most
I may come across as a know it all,,that is not the case, i am still learning, its hard to type and talk and not offend, I never mean to do so, i hope i havent ,,although im sure i have according to one source,
I have learned alot in the last few days..... for one some people i thought i knew and cared about are 2faced,, sad fact, hurts quite a bit,,but i am sure that is what it was meant to do,,
In any case I will do what i KNOW to be right by my dogs, and my clients
its worked for me for over 20yrs ,,and i will continue to care and do what i need to do to make everyone as happy as i can
Joined
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2,733 Posts
awww
Thanks Kristen,,
maawwwaaaa
Thanks Kristen,,
maawwwaaaaHi Nancy, honestly I will be the first to admit that my contract is not indicitive of a good business person! LOL
You are welcome to use any part of it you would like.
I do try to cover everything, which is why it is so wordy...and why I don't put it out there for everyone. But I do make it available at any time someone asks, I'll send a copy.
I admit that it is not going to be financially responsible for me to refund as I have agreed to do. And, if too many people deserve a refund, it will quite literally put me out of business. But I guess that if I am producing puppies that would demand so many refunds, I'd deserve to be put out of business!
I have never claimed to be an expert and I try really hard not to judge other people or their practices...but sometimes I tend to do so, usually when I dont' know who I am talking about. I mean, if I am asked a question that seems to be benign, I will answer with as much candor as I can, and then when I find out that I have said something that hurts another, I feel sad...and a bit embarrssed, but I have to stand by what I say. Still, circumstances always change the issue...when a person only gets one side of an issue, they can't really take sides, at least not in good conscience.
I have, just today, read the post that is causing such a controversy and I am not sure I will jump into it now...I may, but I am thinking it through.
I will say that, to me (and please know that this is not a judgment, it is only MY way and I agree that there are many, many who disagree with me) goodwill is one of the most valuable assets a business can build. It is worth far more than adertising, and it is even a legally recognized part of a business valuation. So, to me, I would rather go down (out of business) doing what I believe to be the best thing because my reputation will follow me.
I am not always on the upside of things. I have made mistakes, and I continue to. Some are horribly embarrassing.
I've only been in this business for 3 years and I am learning new things every day.
My contract used to include more...but I found that I could not afford to keep it up. I used to reimburse for spay/neuter, but found that to be very difficult. Many people offer refunds for training and such. I can't do that.
I donate many of my dogs and because of that loss in revenue, I do need to sell pups at full price to those who are in the market. Still, I put myself in the shoes of my customer. If I was paying what I am charging (even though I understand that we are not getting rich, like many believe we do) I would expect to get a high quality dog. Granted, a dog is a creature of nature...and there are things that can go wrong. When that happens, it breaks my heart. I know how my customer might feel and if I can help ease that heartache, I will do so. It just seems like the right thing to do...but is it good business? Absolutely not! LOL
Nancy, I know that you donate puppies too...and discount them. I respect that, very much.
This post is getting as long as my contract! Sorry...if I have more to say, I'll put it on that other post...if I can find it again!
This will all blow over, and when it does, I look forward to the happy, helpful resource forum that we enjoy so much.
You are welcome to use any part of it you would like.
I do try to cover everything, which is why it is so wordy...and why I don't put it out there for everyone. But I do make it available at any time someone asks, I'll send a copy.
I admit that it is not going to be financially responsible for me to refund as I have agreed to do. And, if too many people deserve a refund, it will quite literally put me out of business. But I guess that if I am producing puppies that would demand so many refunds, I'd deserve to be put out of business!
I have never claimed to be an expert and I try really hard not to judge other people or their practices...but sometimes I tend to do so, usually when I dont' know who I am talking about. I mean, if I am asked a question that seems to be benign, I will answer with as much candor as I can, and then when I find out that I have said something that hurts another, I feel sad...and a bit embarrssed, but I have to stand by what I say. Still, circumstances always change the issue...when a person only gets one side of an issue, they can't really take sides, at least not in good conscience.
I have, just today, read the post that is causing such a controversy and I am not sure I will jump into it now...I may, but I am thinking it through.
I will say that, to me (and please know that this is not a judgment, it is only MY way and I agree that there are many, many who disagree with me) goodwill is one of the most valuable assets a business can build. It is worth far more than adertising, and it is even a legally recognized part of a business valuation. So, to me, I would rather go down (out of business) doing what I believe to be the best thing because my reputation will follow me.
I am not always on the upside of things. I have made mistakes, and I continue to. Some are horribly embarrassing.
I've only been in this business for 3 years and I am learning new things every day.
My contract used to include more...but I found that I could not afford to keep it up. I used to reimburse for spay/neuter, but found that to be very difficult. Many people offer refunds for training and such. I can't do that.
I donate many of my dogs and because of that loss in revenue, I do need to sell pups at full price to those who are in the market. Still, I put myself in the shoes of my customer. If I was paying what I am charging (even though I understand that we are not getting rich, like many believe we do) I would expect to get a high quality dog. Granted, a dog is a creature of nature...and there are things that can go wrong. When that happens, it breaks my heart. I know how my customer might feel and if I can help ease that heartache, I will do so. It just seems like the right thing to do...but is it good business? Absolutely not! LOL
Nancy, I know that you donate puppies too...and discount them. I respect that, very much.
This post is getting as long as my contract! Sorry...if I have more to say, I'll put it on that other post...if I can find it again!
This will all blow over, and when it does, I look forward to the happy, helpful resource forum that we enjoy so much.
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2,733 Posts
Well your doing great im sure
These comments were not actually made in open forum ,,it was comments sent to me by a person that shall remain nameless ,,supposedly from people that had IMed him!!! in private, talking behind my back not having the balls to say it to my face because they know its untrue or they are just being catty,,typical of most forums,certainly didnt expect it on this one,,,but guess i should consider the source
I have been offering a refund back once training is complete, i loved that idea and it makes for a better pet and a more educated owner which saves alot of rehomes later i think
Fortunatly i havent had to refund many times,,,Not one time for HD, knock on wood and praise the lord,, since i have began breeding doodles over 5yrs ago,almost 6yrs
which i guess that speaks highly of the quality dogs i have in my program
So i guess im doing somthin right,,
I feel if you hear somthing you should go to the source rather then read somthing into what you think they know or are trying to start somthing, and keep it going, in this case is exactly what happened, im sure egged on by other Jealous breeders, sad for them ,,and too bad
they are cuttin off their nose to spite their face
I have always been here for anyone that needs me try to offer as much info as i have to assist anyone, and there seems to be preconcieved opinions that keep the fire burning so to speak,,and i know who they are btw ,,,,
Just really really sad
These comments were not actually made in open forum ,,it was comments sent to me by a person that shall remain nameless ,,supposedly from people that had IMed him!!! in private, talking behind my back not having the balls to say it to my face because they know its untrue or they are just being catty,,typical of most forums,certainly didnt expect it on this one,,,but guess i should consider the source
I have been offering a refund back once training is complete, i loved that idea and it makes for a better pet and a more educated owner which saves alot of rehomes later i think
Fortunatly i havent had to refund many times,,,Not one time for HD, knock on wood and praise the lord,, since i have began breeding doodles over 5yrs ago,almost 6yrs
which i guess that speaks highly of the quality dogs i have in my program
So i guess im doing somthin right,,
I feel if you hear somthing you should go to the source rather then read somthing into what you think they know or are trying to start somthing, and keep it going, in this case is exactly what happened, im sure egged on by other Jealous breeders, sad for them ,,and too bad
they are cuttin off their nose to spite their face
I have always been here for anyone that needs me try to offer as much info as i have to assist anyone, and there seems to be preconcieved opinions that keep the fire burning so to speak,,and i know who they are btw ,,,,
Just really really sad
Some info on me:
I have been breeding since early 2001, I started with Labs and have done a lot of training. I love animals except Snakes.
I was raised on a farm in MO and we had a lot of animals, Chickens, Ducks, Geese, Guineas, Cats, Dogs, Rabbits, and my Dad raised Hogs and Mom raised Peek-a-Poos.
I have learned a lot from people here and other places, I try and treat people fairly as I want them to treat me. Not saying we all always agree heck were human. But I will repsect everyone as long as they respect me.
I don't know it all and never have claimed to, although maybe some of my responses seem to appear I think I do. :lol: I know I have a lot to learn about breeding and life in general.
Mark created this forum for us to enjoy and learn and help each other and our puppy buyers and anyone else that is interested. Gosh life is to short lets go back to enjoying our Doodles and what we do best.
I have been breeding since early 2001, I started with Labs and have done a lot of training. I love animals except Snakes.
I was raised on a farm in MO and we had a lot of animals, Chickens, Ducks, Geese, Guineas, Cats, Dogs, Rabbits, and my Dad raised Hogs and Mom raised Peek-a-Poos.
I have learned a lot from people here and other places, I try and treat people fairly as I want them to treat me. Not saying we all always agree heck were human. But I will repsect everyone as long as they respect me.
I don't know it all and never have claimed to, although maybe some of my responses seem to appear I think I do. :lol: I know I have a lot to learn about breeding and life in general.
Mark created this forum for us to enjoy and learn and help each other and our puppy buyers and anyone else that is interested. Gosh life is to short lets go back to enjoying our Doodles and what we do best.
Joined
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2,733 Posts
:O)
Just what im doing
Just what im doing
Am I loosing my mind? I was just reading about Brad in VA's predicament with his doodle having hip displasia and the response he got from the breeder. All of a sudden the 3rd page of the thread disappeared and the posts from Brad in VA :?: :?: :?: :?: :?:
Yep deleted is was, a Public Forum is not the place for disputes wrong or right. Both parties have a story and airing them in the public as much as some people enjoy that, it is not the place. I feel for anyone who has a problem whether it be the breeder or the pet owner but lets keep that between them whoever they are.
I posted the original post that started the thread, and I chose BUSINESS ISSUES on purpose to discuss warranties with other breeders. An owner stepped in and started a ruckus, and I would think that the posts Linda deleted were relevant to that argument, and I support Linda deleting the mess. But I still appreciate being able to review other breeders' thoughts on replacing a dog vs. refunding the cost of that dog.
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2,733 Posts
I wonder
what is your thoughts on refunds? Im still on the fence ,,although at this moment i am offering it, im not sure how fair it is
what is your thoughts on refunds? Im still on the fence ,,although at this moment i am offering it, im not sure how fair it is
Nancy I think it is a hard question because it really depends on each situation. I feel you just have to do what you feel is right in each case, not everyone is going to agree with your decision on each case. If we all had our way no problems would ever happen...
I know I am not a breeder and maybe my opinion doesn't count but as a buyer who chose not to take another doodle from the breeder when I lost my first doodle to seizures, I think it depends on the circumstances.
If it was a reputable breeder and if it was just a fluke of nature then I think offering another puppy is appropriate. In the case where there is proven neglect on part of the breeder, I think that $$ refund is called for. In my case I chose not to take a puppy and got no $$.
In the end, no matter what the contract says, I think the buyer and breeder must check each other out and trust each other. I didn't do my homework and I paid the price. I'll know better next time.
If it was a reputable breeder and if it was just a fluke of nature then I think offering another puppy is appropriate. In the case where there is proven neglect on part of the breeder, I think that $$ refund is called for. In my case I chose not to take a puppy and got no $$.
In the end, no matter what the contract says, I think the buyer and breeder must check each other out and trust each other. I didn't do my homework and I paid the price. I'll know better next time.
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