IVY BORDEAUX
PUPPY PURCHASE CONTRACT
*PET QUALITY*
This contract is hereby being entered into between Matt Ivy (IVY BORDEAUX), hereinafter collectively referred to as Seller, and ______________________________, Buyer(s), to reflect the sale of a Pet Quality Dogue De Bordeaux Puppy. Any subsequent modifications of this contract will be subordinate to this original document and all guarantees are valid for three years from the date of birth of the puppy. In consideration for the purchase price of _____________dollars, the Seller agrees to transfer in full ownership, subject to the Buyer’s Duty section below, a pet quality male/ female Dogue De Bordeaux puppy to Buyer upon the signing of this contract. For identification purposes, Seller acknowledges that this puppy was sired and whelped by the following dogues on the ______ day of __________, 20__:
PET QUALITY DESIGNATION
Since this dogue has been designated as Pet Quality, he or she should not be bred and a pedigree will NOT be issued for this dogue except under the following conditions:
The dogue is spayed or neutered and proof is supplied that this procedure has been performed by a licensed veterinarian. In some cases, it is not advisable to neuter males until they reach the age of eighteen months since early neutering may impede physical development of the dogue.
Seller may issue a Limited Privileged Pedigree for purposes of participation in performance events. **NOTE** The AKC and UKC requires any dogue applying for a Limited Privilege Pedigree to be spayed or neutered before they will issue this pedigree.
If, during the dogue’s normal growth and development, he or she should progress in such a way as to eliminate an earlier fault, or if a dogue possesses only minor faults but develops in such a manner as to be a superior representative of the breed (some times referred to as Breed Quality) then, at Seller’s option, a pedigree may be issued for the dogue at Seller’s discretion. Prior to the issuing of any pedigree pursuant to the above, the Seller may require that the Buyer pay additional consideration as per the difference between Pet and Show Quality pricing. Faults referenced above are those faults deemed to be consistent with the AKC or UKC standard for the Dogue De Bordeaux.
SELLER’S GUARANTY
The following guarantees apply only to the puppy being purchased with this transaction and are null and void to subsequent purchasers of this puppy. Guarantees are valid for a period of three years from the date of the birth of the puppy with notice to seller. Any breach of the duties listed in the Buyer’s Duty Section will render these guaranties NULL AND VOID.
Seller guarantees to the best of his or her knowledge that:
This puppy is purebred Dogue De Bordeaux.
This puppy has been determined not to be show quality and possesses qualities that would designate him or her as a pet quality dogue.
In the event that this puppy should develop or be diagnosed with a congenital defect, buyer may return this dogue for a full refund or, upon proof of defect from a licensed veterinarian, buyer may keep the dogue and receive a refund for fifty percent (50%) of the purchase price. Defects specifically include congenital heart defects, hip or elbow dysplasia to such a degree as to significantly impair basic functionality of the dogue on a daily basis, generalized and persistent demodectic mange, and any other defect which significantly impairs the overall health of the dogue insofar as such defect significantly reduces the life expectancy of the dogue or severely restricts the dogue’s day to day functionality. In all defects not listed above, this guaranty will cover those instances where the dogue is unable to function in a reasonable manner on a daily basis or situations where the defect will significantly reduce the life term for the dogue in comparison with the average life expectancy for this breed.
BUYER’S REMEDY AGAINST SELLER
Buyer(s) remedy for damages arising from the breach of this agreement are limited to the remedies available in the Jurisdiction where the contract is entered into pursuant to the Venue Clause at the end of this agreement (to the extent recovery of such damages have not been waived by Buyer). Regardless of any waiver by Buyer for breach of contract, Buyer will still retain the common law remedies of fraud and misrepresentation for any bad faith by Seller in entering into this contract as well as any other common law remedy available to Buyer by law. Buyer must give notice within three year’s time of birth of this puppy regarding any promise made under the Seller’s Guaranty section or said guarantees are no longer valid.
BUYER’S DUTY
Buyer, by signing this agreement, agrees to incur any and all transportation costs associated with the purchase of this puppy.
Buyer agrees to maintain the health and well being of the puppy to include routine shots and vaccinations, preventative medication for heartworms and parasites, routine exercise, and proper socialization.
The following terms (A – C) are specifically tailored with the health and welfare of the dogue in mind and any violation of these terms will automatically void this contract and ownership rights will automatically revert back to seller without benefit of equitable redemption or compensation.
A. Buyer agrees that he/she is not in the business of or acting in an agency capacity for purposes of buying, selling, or transporting puppies for profit.
B. Buyer also agrees that he/she will not use this dogue for sport fighting or associate this dogue in any way with the sport of fighting dogues.
C. Buyer agrees that he/she will NOT breed this dogue prior to 18 months of age if this dogue is female or 14 months of age if this dogue is male.
Buyer agrees that Seller will have first a right of first refusal to re-purchase this puppy if it becomes necessary to sell this puppy or place him or her in another home.
SELLER’S REMEDY AGAINST BUYER
If buyer should breach any of the duties listed in A-C above and/or grossly neglect the duty to maintain the dogue’s health and well being then seller is entitled to the immediate physical return of the dogue.
VENUE CLAUSE
All disputes arising from this transaction shall be litigated in the venue where this contract was entered into. This agreement, for venue purposes, will be deemed to be entered into within Dallas County in the city of Dallas, Texas unless expressly stated to the contrary within the actual agreement.
We, the undersigned, have read, understood, and agree with the terms of this agreement. Buyer(s) and Seller both acknowledge that they are over the age of eighteen (18) years and possess the requisite capacity to enter into a legally binding contract.