Puppy Contract & Health Guarantee

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This Puppy Contract & Health Guarantee (“Agreement”) is made and entered into by and between JennaLee Designer Doodles LLC, a South Carolina company (“Seller”), and __________________ (“Buyer”), effective as of the date of execution.​

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1.  

   Any and all notices required under this Agreement shall be provided using the above contact information. To the extent Buyer’s contact information changes within the first two years following transfer of the Dog, Buyer agrees to promptly notify and provide Seller with updated contact information.

1. Buyer’s Representations and Warranties.

   1. Initial Health Assessment. Buyer agrees to have a licensed veterinarian perform an Initial Health Assessment of the Puppy within 5 days of transfer of the Puppy, at Buyer’s sole cost. If the licensed veterinarian determines during the Initial Health Assessment that the Puppy suffers from life-threatening conditions or is otherwise unfit for sale, Buyer must notify Seller and provide Seller the contact information for the licensed veterinarian who made the determination and all records relating to the determination within 48 hours of the determination. Buyer understands and agrees that failure to comply with this provision voids any health guarantee provided under this Agreement or otherwise.

   2. Spay/Neuter Requirement. Buyer understands and agrees that the Dog shall be used solely as a companion pet and shall not be used for breeding. Buyer further agrees to have a licensed veterinarian spay or neuter the Dog by the age of 6 months. If, however, Buyer provides Seller with a licensed veterinarian’s written recommendation for delaying the spaying or neutering beyond the age of 6 months for health reasons, Seller will agree to extend this requirement up until the Dog reaches the age of 1 year. Buyer shall provide Seller written confirmation that the Dog has been spayed or neutered within 10 days of the procedure. Buyer expressly agrees that under no circumstances will Buyer transfer the Dog to a third party prior to spaying or neutering. Buyer understands and agrees that failure to comply with this provision voids any health guarantee provided under this Agreement or otherwise and further subjects Buyer to the Liquidated Damages provision described below.

   3. Fit Home for Dog. Buyer agrees that the Dog shall permanently reside with the Buyer as a companion pet. Buyer further agrees to provide the Dog with a safe and fit home, a continuous water supply, nutritious food, and necessary veterinary care, including de-worming, heartworm prevention and regular vaccinations. Buyer further understands that Seller strongly opposes the placement of its dogs in shelters, with dog dealers, or in unfit homes. Accordingly, if Buyer later becomes unable to provide the Dog with a suitable home and adequate care, Buyer agrees to immediately return the Dog to Seller for consignment sale and re-homing. Buyer may recommend a particular home for Seller’s consideration for re-homing; however, any such home will be subject to Seller’s express approval. Under no circumstances may Buyer sell, transfer, or otherwise re-home the Dog without the express approval of Seller. Buyer understands that if the Dog is consigned and re-homed, the consignment sale price of the consigned Dog may be less than the original Purchase Price, that Seller has the sole and exclusive right to decide all terms of the consignment sale, and that the Seller shall be entitled to a $150 consignment fee plus expenses to be deducted from the consignment proceeds.

2. LIQUIDATED DAMAGES.

   1. Violations of Breeding or Spay/Neuter Requirements. Buyer expressly understands and agrees that Seller’s breeding program and its dogs are valuable assets and that Seller enjoys a reputation of producing healthy and highly desirable dogs through responsible practices. Buyer further expressly understands and agrees that any violation of the Spay/Neuter Requirement and prohibition on breeding described in paragraph III.B. above will result in damages to Seller that will be difficult if not impossible to accurately estimate, because of, among other factors, the inherent difficulties in ascertaining the unauthorized sales of dogs, calculating the loss of income to Seller, valuing the threat of harm to Seller’s dogs arising from irresponsible breeding practices, and calculating the damages to Seller’s reputation should its dogs be used in irresponsible breeding practices. ACCORDINGLY, BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT ANY VIOLATION OF THE SPAY/NEUTER REQUIREMENT AND PROHIBITION ON BREEDING DESCRIBED IN PARAGRAPH III.B. ABOVE SHALL ENTITLE SELLER TO LIQUIDATED DAMAGES IN THE AMOUNT OF $40,000.00. Buyer expressly understands and agrees that such amount is not a penalty and is reasonable in light of the factors discussed herein and other factors.

   2. Violations of Fit Home and Re-Homing Requirements. Buyer also expressly understands and agrees that any violation of the fit home and re-homing requirements described in paragraph III.C. above will result in damages to Seller that will be difficult if not impossible to accurately estimate, because of, among other factors, the inherent difficulties in ascertaining the unauthorized sales of dogs, calculating the loss of income to Seller, valuing the threat of harm to Seller’s dogs arising from irresponsible breeding practices, and calculating the damages to Seller’s reputation should its dogs be used in irresponsible breeding practices. ACCORDINGLY, BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT ANY VIOLATION OF THE FIT HOME AND RE-HOMING REQUIREMENTS DESCRIBED IN PARAGRAPH III.C. ABOVE SHALL ENTITLE SELLER TO LIQUIDATED DAMAGES IN THE AMOUNT OF $12,000.00. Buyer expressly understands and agrees that such amount is not a penalty and is reasonable in light of the factors discussed herein and other factors.

3. Terms of Seller’s Health Guarantee.

   1. Initial Health Guarantee. If during the Initial Health Assessment described in paragraph III.A. a licensed veterinarian determines the Dog suffers from a genetically inherited disease, and upon Seller’s timely receipt of notice as described in paragraph III.A., Buyer may elect to (i) exchange the Dog for another dog bred by Seller when it becomes available, (ii) return the Dog to Seller and accept a refund of the Purchase Price, or (iii) keep the Dog. If Buyer elects to exchange or return the Dog to Seller, Buyer agrees to immediately coordinate with Seller to make such arrangements and that any shipping costs for delivery of the replacement dog shall be the sole responsibility of Buyer. If Buyer chooses to keep the Dog, no replacement or refund will be given, all medical costs and treatment shall be the sole responsibility of the Buyer, and any health guarantee provided under this Agreement or otherwise shall be rendered void.

   2. 24-Month Health Guarantee.

      1. If it is determined by two licensed veterinarians within the first 24 months after birth that the Dog suffers from a genetically inherited disease that was not identified during the Initial Health Assessment, Buyer must notify Seller and provide Seller the contact information for the two licensed veterinarians who made the determinations and all records relating to their determinations within 48 hours of their determinations.

      2. If the two licensed veterinarians determine that the genetically inherited disease impairs the Dog’s quality of life and fitness as a companion pet, Buyer may elect to (i) exchange the Dog for another dog bred by Seller when it becomes available, (ii) return the Dog to Seller and accept a refund of the Purchase Price, or (iii) keep the Dog. If Buyer elects to exchange or return the Dog to Seller, Buyer agrees to immediately coordinate with Seller to make such arrangements and that any shipping costs for delivery of the replacement dog shall be the sole responsibility of Buyer. If Buyer chooses to keep the Dog, Seller will provide a partial refund of 50% of the original Purchase Price, but no replacement will be given, all medical costs and treatment shall be the sole responsibility of the Buyer, and any health guarantee provided under this Agreement or otherwise shall be rendered void.

      3. If the two licensed veterinarians determine that the genetically inherited disease does not impair the Dog’s quality of life and fitness as a companion pet, Seller agrees to provide Buyer a partial refund in the amount of 50% of the Purchase Price of the Dog.

   3. Limitations on All Health Guarantees. In addition to the limitations set forth above, any and all guarantees relating to the health of the Dog shall be subject to the following limitations:

      1. Any health guarantee provided under this Agreement is non-transferrable and shall not extend to any party beyond the Buyer.

      2. Any health guarantee provided under this Agreement or otherwise shall be rendered void if surgical treatment is performed on the Dog without prior notice to Seller.

      3. Seller’s guarantees do NOT apply with regard to the Dog’s weight, temperament, bite, descended testicles, digestive conditions common among the breed, or ear infections common among the breed; problems arising from allergies, housing policies, marital problems, general incompatibility; problems arising from the failure to provide routine preventative health care, vaccines, parasite and flea control, or dental care; problems arising from trauma or abuse the Dog or the failure to provide adequate housing, kenneling, training, or exercise to the Dog; and any other problems not related to a genetically inherited disease.

      4. Buyer expressly understands and agrees that all remedies described herein shall be Buyer’s sole and exclusive remedies with respect to the Seller’s Health Guarantees. Seller will not issue any refunds and shall not otherwise be responsible liable for any problems with the Dog that are not covered by the Seller’s Health Guarantees described herein.

4. 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. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after transfer by Seller, including but not limited to damage to or destruction of property, and injury to any person.

5. Attorneys’ Fees. If Seller institutes any suit or action to enforce any term of this Agreement against Buyer, Seller shall be entitled to recover from Buyer its reasonable attorneys’ fees and costs.

6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of South Carolina.

7. Opportunity to Consult with Counsel. The Parties hereby represent and acknowledge that they have been provided with the opportunity to discuss and review the terms of this Agreement with their respective attorneys before signing it and that they are freely and voluntarily signing this document in exchange for the benefits provided herein. The Parties further represent and acknowledge that they have been provided a reasonable period of time within which to review the terms of this Agreement

8. 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. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration of amendment.

 

I HAVE READ AND UNDERSTAND THE CONTRACT AND AGREE TO BE BOUND BY ITS TERMS:

 

Buyer: ________________________________

Dated: ________________________________

 

Seller: ________________________________

Dated: ________________________________