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WALNUT RIDGE MOUNTAIN CURS –

HEALTH GUARANTEE/CONTRACT FOR PUPPY

 

THIS AGREEMENT made this _________Day of __________________ by and between:

Buyer Name: ______________________________________________________________________

Address: __________________________________________________________________________

Phone: ______________________   Email: ______________________________________________

- AND -

Seller Name:  Mandy Middleton – Walnut Ridge Mountain Curs                                                                                         Address: 417 N. Water St, Georgetown, OH 45121                                Phone: 937-378-6900                                                    Email: walnutridgemtncurs@yahoo.com

UPON PAYMENT of the sum of $________, paid by Buyer to Seller (the “Purchase Price”), receipt of which is hereby acknowledged, Seller grants, sells, conveys and transfers ownership of the following puppy (the “Puppy”) to Buyer:

Name or ID of Puppy: __________________________________________  Color: ______________________________

Breed: Mountain Cur             Date of Birth: __________   Sex: M or F   AKC Registration #:_________________________

AKC Reunite Microchip #: _______________________________________________________________

Sire Name: ____________________________________________________________________________

Registration #’s: _______________________________________________________________________

Dam Name: ___________________________________________________________________________

Registration #’s: _______________________________________________________________________                                                                  

The parties accept and agree to be bound by the attached Terms and Conditions governing the purchase and sale of the Puppy listed above.

TERMS AND CONDITIONS

  1. Deposit, Payment, Purchase Price, Fees. Buyer has paid a deposit of $_____, with payment of the balance of $_________ due upon release of the Puppy to Buyer or transportation service. Payment of the balance may be made by cash, postal money order, GoodDog payments, or PayPal (3% surcharge and sales tax applies if not sent via friends and family).

 

  1.  Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the Puppy if:

 

(a) Buyer fails to complete the purchase of the Puppy for any reason, or

 

(b) Buyer fails to pay the balance of the Purchase Price within 24 hours prior to the agreed departure date.

              

(c) Buyer fails to contact or return Seller’s call for pickup arrangement by the time the puppy is 7 weeks old.

 

(d) In either event listed above, Seller shall be free to sell the Puppy to another party.

 

(e) In the event that the Puppy 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 of $10 per day will be charged for each day the Puppy is boarded by Seller past the agreed departure date.

 

  1. Transfer of Ownership: All Registration papers and health records will be released to Buyer or transport agent upon payment in full of the Purchase Price. In the event that any papers have not arrived due to Registry processing time, Seller will mail signed registration papers to Buyer. Seller requires that AKC and UKC registration names have “Walnut Ridge” preceding the Buyer’s chosen name. Seller will submit with payment, the AKC registration applications to AKC with Buyer’s information listed as owner. This is to ensure that all pups are AKC registered. UKC (and other applicable registries) registration fees, applications, and submission are the Buyer’s responsibility. Buyer will have 10 days after sale of pup to provide a name for registration. If no name is provided, the name will be chosen by Seller and application will be sent to AKC. For all other registries, names and registration will be the Buyer’s sole responsibility.

 

  1. Seller’s Representations and Warranties: Seller represents and warrants to Buyer that:

 

(a) Seller is the legal and true owner of the Puppy and that Seller has full right and authority to sell the Puppy.

 

(b) The Puppy is being sold free and clear of any lien, security interest, charge or other encumbrance.

 

(c) Seller guarantees that the Puppy is a purebred puppy, offspring of the purebred sire and purebred dam set out on page 1 of this Agreement.

 

(d) The Puppy is in good health and free of communicable diseases at the time of this sale and has been examined by a licensed veterinarian before leaving Seller’s possession. This communicable disease warranty is valid for 3 days (normal incubation time for illness) after departure from Seller’s facility. In the event that the puppy becomes sick, Buyer must contact Seller within 24 hours of onset of any illness or this health guarantee will be null and void. Puppies will have been given two sets of vaccines by the age of 8 weeks, however, they are not fully immune until at least 16 weeks of age. Puppy vaccines must be given as recommended by a licensed veterinarian.

 

Please do not allow your Puppy to visit areas frequented by other dogs until after that time, especially dog parks.

 

(e) The Puppy has a 12 month guarantee (from birth) against any LIFE-THREATENING genetic or congenital problems as determined by a veterinarian. The Sire and Dam have been DNA tested and neither are affected with any of the conditions that Embark tests for. In the event that a problem is found during the 12 month period, documentation and proof or evidence (lab tests, X-rays, etc.) of the diagnosis must be presented to Seller within 48 hours of discovery of said problem. In the event that the puppy should die within two months of purchase, a necropsy at the buyer’s expense must be performed. If death is found to be the result of congenital defect, buyer may elect a replacement puppy. Original puppy must be returned with all original documentation at buyer’s expense to qualify for an exchange puppy.

 

(f) This Guarantee does NOT cover Cherry eye, Entropion, Ectropion, Allergies, undescended testicles, grade 1 patella luxation, umbilical hernia, bloat/torsion, dermatitis, coccidia, giardia, minor heart murmur (which is common in very young puppies and usually resolves itself in several months), demodetic mange, hypo/hyper thyroid, kennel cough (which puppies have been vaccinated for), hip dysplasia resulting from poor nutrition, over supplementation, injury from jumping or falling, trauma, mistreatment, any other condition not specified, or any event out of the control of the Seller.

 

(g) In the event that the Puppy develops crippling hip dysplasia and it is deemed to be a genetic defect, the Buyer may return the Puppy at the Buyer’s expense for a replacement Puppy, or Buyer may also choose to keep the dysplastic pup (provided it is spayed or neutered), and receive a replacement Puppy, BUT will release Seller from ALL medical bills and any future health issues of the dysplastic Puppy. To be deemed crippling dysplasia, a Penn Hip test must be performed at the Buyer’s expense to confirm diagnosis. If the Penn Hip test verifies crippling dysplasia, the Seller will reimburse $150 towards the test. Seller’s Veterinarian must also verify the Penn Hip results.

 

(h) Seller will NOT replace a puppy due to owner negligence (running loose, ingesting poisons, heat stroke, etc.), or improper socialization (fighting or euthanasia due to aggression). This guarantee covers only the original Buyer and is not transferrable.

 

(i) Buyer agrees that they have thoroughly researched the Mountain Cur breed, and understand the temperament, training, and socialization required. Buyer is responsible for all medical costs of their puppy. Pet insurance is HIGHLY recommended.

(j) To ensure that Buyer does NOT euthanize the Puppy or take it to an animal shelter, Seller will take the Puppy back at ANY time during the Puppy’s lifetime if a suitable home cannot be secured by owner.

(k) This guarantee covers only the original Buyer and is not transferrable.

  1. Fitness of Purpose: Seller does not provide any warranty as to the Puppy’s fitness and abilities for any specific purpose, including Conformation, Canine Sports, Show Performance, Hunting Abilities, and/or Breeding purposes.

 

  1. Buyer’s Representations: Buyer represents to Seller that:

 

  1. Buyer will keep the Puppy contained as required by local laws, and will not allow the Puppy to roam at will.                                                                                                                                                              

(b) Buyer will provide the Puppy with nutritious food and necessary veterinary care, including     deworming, heartworm prevention, flea and tick prevention, and regular vaccinations (including rabies).

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  1. Buyer will not sell, give, or release the Puppy to a pet shop, retail store, puppy dealer, animal fighting ring, animal testing facility, research facility, or an agent for any such business or facility. 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, 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.

 

  1. Buyer agrees to list Seller as primary contact for Microchip registration with Buyer listed as secondary to ensure that in the event that Buyer surrenders the Puppy to shelter the Seller will be notified. Seller will be responsible for microchip registration.

 

(e) Buyer releases Seller from any and all liability, costs or damages caused by the Puppy after the Puppy has left the Seller’s property, including but not limited to damage to or destruction of property, livestock, and injury to any person.

 

  1. 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.

 

  1. Governing Law: 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. By signing this agreement, Buyer agrees he/she understands this contract fully, and that the contract is under the jurisdiction of the State of Ohio, County of Brown.

Acknowledgement of Receipt I acknowledge that I have received the Puppy into my possession.

 

Date: ________________________   Signature of Buyer: ________________________________________________

 

Date: ­­­­­­­­_________________________ Signature of Seller: ________________________________________________

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