DEPOSIT AND PURCHASE CONTRACT.
Brand's Teacup Puppies, INC.
8090 S Durango Dr
Las Vegas, NV 89113, USA.
THIS AGREEMENT made on the between:
Buyer:
Name:
Address:
Phone: Email
– AND –
Seller:
Name:
Address:
Phone: Email:
AFTER A PAYMENT of (the “Purchase Price”) from buyer to Seller, receipt of which is hereby acknowledged, Seller grants, sells, conveys and transfers ownership of the following dog (the “Dog”) to Buyer:
Name of Dog:
Breed: Color:
Date of Birth: Sex:
Registration # (if any):
Sire Name: Sire Registration # (if any):
Dam Name: Dam Registration # (if any):
Bred by Seller? If no, name of breeder:
State of Health: Date acquired:
The parties accept and agree to be bound by the attached Terms and Conditions governing the purchase and sale of the Dog.
Date Signature of Buyer
Date Signature of Seller
TERMS AND CONDITIONS
- Deposit, Payment of Purchase Price, Fees
Buyer has paid a deposit of $ , and agreed to complete the balance of $ due upon or before release of the Dog by seller. The dog is expected to be delivered 3 – 7 days after deposit, or such other date as buyer and seller may mutually agree. Payment of the balance may be made by cash, cashier’s check, wired transfer or any acceptable means of payment to seller.
Buyer acknowledges and agrees that Buyer will forfeit any rights to the Dog and get a refunds if :
(a) Buyer fails to complete the agreed purchase price of the Dog for any reason, or
(b) Buyer fails to pay the balance of the Purchase Price within a certain date before or after the agreed delivery date. In either event, Seller shall be free to sell the Dog to another party and refund buyers deposit.
In the event that the Dog is not available due to sickness, death, or any other circumstance owing to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either (i) refunded, or (ii) transferred to the next litter of puppies.
A boarding fee per day will be charged on buyer for each day the Dog is boarded by Seller past the agreed delivery date.
- 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.
- Seller’s Representations and Warranties
Seller represents and warranty to Buyer that:
- 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) Seller guarantees that the Dog is a purebred dog, offspring of the purebred sire and purebred dam set out on page 1 of this Agreement.
(d) The Dog is in good health and free of communicable diseases at the time of this sale. Buyer has 3 – 7 days 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, with a written statement from the veterinarian, for a full refund. Failure by Buyer to have the Dog examined within the 3 – 7 day period will nullify this warranty. If Buyer chooses to keep the puppy, no replacement will be given and all medical costs and treatment are sole responsibility of the Buyer. This health guarantee will be null and void.
(e) This Guarantee cover Cherry eye, Ectropion, Allergies, undescended testicles, loose knees or hips, Stenotic nares, elongated soft pallet, umbilical hernia, dermatitis, demodetic mange. Seller will NOT replace a puppy due to heat stroke, abuse/neglect, or improper socialization.
Buyer is responsible for all medical costs of their puppy. (No refunds will be given)This guarantee covers only the original Buyer and is not transferable.
(f) To ensure that Buyer does not euthanize the Dog or take it to an animal shelter, Seller will take the Dog back at any time during the Dog’s lifetime. 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.
- 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.
- Buyer’s Representations
Buyer represents to Seller that:
(a) Buyer have the right to spayed or neutered Dog by the age of six 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, and will not allow the Dog to roam at will. 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 de- worming, 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.
- 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 after delivery, 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.
- 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.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of buyer’s state.
- 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.
Date Signature of Buyer
Date Signature of Seller
Acknowledgement of Receipt
I acknowledge that I have received the Dog into my possession.
Date Signature of Buyer