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
both full payment of the purchase price and the signing of this contract. For
identification purposes, Seller acknowledges that this puppy was sired and
whelped by the following dogues on the __th day of ______________,
20__:
Sire: ____________________
Sire’s AKC Registration Number: __________
Dam: _____________________
Dam’s AKC Registration Number: ___________
Buyer understands that the Seller retains ownership of this
puppy until the full purchase price has been paid and if the Buyer commits any
violation of the terms of this contract the Buyer must return puppy to the
Seller with the amount of any refunds to be determined solely at the Seller’s
discretion.
PET-QUALITY
DESIGNATION
Seller may issue a Limited Pedigree for purposes of participation in AKC
events. It is understood that this Limited Pedigree does not allow for any
offspring from this dogue to be AKC registered.
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 (sometimes
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 ($500). Faults referenced above
are those faults deemed to be consistent with the AKC standards 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. Seller reserves the right to have the
opinion of a veterinarian of his choosing to confirm any congenital defect
reported to the Seller. Injuries this pup may receive while under the ownership
of the Buyer are not covered as a congential defect.
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 and
future veterinary costs associated with the purchase of this puppy.
Buyer agrees to use the breeder name IVY BORDEAUX in front of
the official registered name of this puppy followed by buyer’s chosen
registered name when applying for a pedigree.
Example: If you were to want the
registered name of this dogue to be Spike, you must
register the dogue’s name Ivy Bordeaux’s Spike
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 – E) 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 dogs.
C. Buyer agrees that he/she will NOT breed this dogue
prior to 18 months of age if this dogue is female or
12 months of age if this dogue is male.
D. Buyer agrees that this dogue will not be abused or neglected and that when outside
temperatures are above 85 degrees or below 40 degrees Fahrenheit, this dogue will not be left outside. It will have ability to
enter and leave a temperature controlled environment at his or her own discretion.
E. Buyer agrees that Seller
will have first 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. If dogue is refused by Seller, buyer must provide names,
address, and phone numbers for new owner(s).
SELLER’S REMEDY AGAINST BUYER
If buyer should breach any of the duties listed in A-E
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.
___________________________________
______________________
IVY BORDEAUX
Date
Address:Mesquite,
TX 75181
Phone: 469-556-8916 Email: ivybordeaux@yahoo.com
___________________________________
______________________
Buyer(s) Signature
Date
Address: ___________________________________________________
Phone: _________________ Email:
___________________________