***70 Cambridge Road, Greenwich NY 12834***
This agreement, made __________________ (date), between the breeder/seller, _______________and the buyer(s),____________________________________ is a binding contract.
SOLD:__________(Male)__________(Female) puppy born on:__________________________ (date)
Registration Number: __________Color: ________
Registration Number: ______________________
Patricia A. Harrison
MizzElle’s Standard Poodles
70 Cambridge Road
Greenwich, NY 12834
PRICE: __________________ Balance Due: _____________________
Seller certifies that this puppy was bred in accordance with the American Kennel Club registration requirements for purebred dogs. Breeder has made application to the American Kennel Club for litter registration, and individual dog registration applications will be issued to the buyer when your puppy is paid in full and picked up from the seller.
When said dog/puppy leaves MizzElle’s Standard Poodles (to the best of our knowledge) it is in a healthy condition. However, in the event that said dog/puppy should be diagnosed with a medical problem that can be cured, this would not qualify for a replacement puppy. The dog/puppy, if shipped, comes to you with a veterinarian’s health certificate and a record of vaccinations. Buyer may take the dog/puppy to their own veterinarian (at Buyer’s expense) for their own satisfaction and protection. You, or your veterinarian, shall report to the Seller any medical problem within the guarantee period. If the dog/puppy is found to have a medical problem, it must be reported to the Seller within twenty-four (24) hours of it’s discovery. ***Failure to make this report within this timeframe will void this warranty. If any life threatening condition or congenital defect is found by the Buyer’s vet upon initial examination that existed prior to the Buyer taking possession of said dog/puppy, Buyer agrees and elects to return puppy immediately for examination and treatment by Seller or Seller’s Veterinarian or Buyer agrees that Buyer will be responsible for all Buyer’s veterinary expenses. Seller will return dog/puppy once treatment is completed or give the Buyer a replacement dog/puppy.***
REFUNDS, REPLACEMENTS AND EXPENSES:
The Buyer agrees if puppy/dog is found to have a life threatening or debilitating congenital birth defect, then the Buyer will accept and elects to take a replacement dog/puppy in lieu of a refund or purchase price. Under all circumstances, if the puppy/dog’s health or condition is being questioned, Buyer agrees that Seller has the right to get a second opinion by a veterinarian of the Seller’s choice prior to any treatment of said dog/puppy and the right to have Seller and or Seller’s Vet treat puppy/dog’s condition unless the condition of dog/puppy warrants emergency treatment. Buyer agrees that Buyer is responsible for Buyer’s veterinarian expenses under all circumstances. There shall be replacement of the dog/puppy only under the circumstances provided below.
- If the dog/puppy is found to be in unsound health with life threatening incurable diseases or viruses by a licensed veterinarian within 3 days, the Buyer agrees and elects to return the dog/puppy to the Seller, or euthanize upon approval of the Seller unless Seller authorizes other options. THEN THE BUYER MAY REQUEST REPLACEMENT WITH ANOTHER DOG/PUPPY OF EQUAL VALUE. SAID REPLACEMENT WILL BE MADE AS SOON AS A SUITABLE REPLACEMENT BECOMES AVAILABLE. A medical report signed by the examining veterinarian must be provided to the Seller prior to a replacement being made. (There shall be no replacement unless under the Health Guarantee only as stated below). The Seller will not replace any dog/puppy that has not received adequate and appropriate immediate veterinary care (at the Buyer’s expense) to any dog/puppy showing signs of illness or distress and failure to do so will render any guarantee null or void. Under no circumstance is a dog/puppy to be destroyed without discussing all options with the Seller. “Unsound health” shall be defined as any condition, which is “life threatening” or “incurable” and shall not include curable conditions such as but not limited to infections, worms, parasites, bacterial infections, skin rashes or an outie belly button (umbilical hernia). Normally, this condition is considered cosmetic. The Seller will inform Buyer if the puppy has an outie at which time the Buyer may choose a different puppy.
2. A replacement puppy will be provided only if said dog/puppy is diagnosed to have a life-threatening congenital birth defect within two years of said dog/puppy date of birth by a licensed veterinarian in writing or dies withinone year of the dog/puppy’s date of birth as a direct result of an unknown (at the time of sale) congenital birth defect, only if an appropriate autopsy is performed by a licensed veterinarian and a veterinarian’s certificate is provided as proof of cause of death. Trauma, abuse or neglect will void this guarantee.
3. Seller guarantees dog/puppy against debilitating hip and elbow dysplasia for a period of 2 years from the date of birth. In other words, if said dog/puppy requires surgery or has to be euthanized as a direct result of congenital elbow and/or hip dysplasia within a period of 2 years from puppy’s birth date, the Buyer is entitled to a new puppy of equal monetary value to the original puppy at the time of purchase when suitable puppy becomes available upon proof by a licensed veterinarian or surgery or euthanized as a result of dysplasia and proof of dysplasia from OFA (Orthopedic Foundation of America) at two-years old.
NO MONETARY REFUND WILL BE GIVEN.
ADDITIONAL PROVISIONS AND TERMS OF SALE:
- Buyer agrees to provide for this dog’s emotional and physical care, including annual physical examinations and recommended vaccinations by a licensed veterinarian; nutritious food and positive-reward behavior training. The Buyer further agrees that the Buyer is solely responsible for any and all actions of the dog/puppy and agrees to hold the Seller harmless from any and all claims for bodily injury and/or property damages caused or alleged to have been by the puppy.
- Buyer understands that this breed of dog (Standard Poodle) needs special considerations regarding it’s environment and agrees to house this dog indoors at all times. When outdoors, this dog/puppy requires fixed shade, ample safe and clean water supply and complete/secure fencing; especially when a swimming pool is on the premises. No replacement for temperament as this is environmental and the Buyer’s responsibility. As breeders we do everything possible to breed a puppy/dog of sound mind (temperament) and body. Some responsibility is the Buyer’s as to proper feeding, exercise, socializing and training of which all have a bearing on the end result of a sound adult dog. Seller’s are not responsible for any damage the puppy might do at any given age.
- The Buyer agrees to inform the Seller if/when this puppy/dog is moved to another city or state as well as the Seller to do the same for the Buyer. If this puppy/dog is offered for sale or transferred to a third party, other than immediate family, the dog/puppy shall first be offered to the Seller at the same terms, in writing, and the Seller has ten (10) days to accept or reject this right of first-offer. If this dog should, at any time in it’s lifetime, need to be surrendered at no cost, the Buyer will release this dog to the Seller, and it’s disposition becomes the choice of the Breeder/Seller.
- Should the Buyer be unable or unwilling to fulfill any of the above provisions, or if any local authority as having been neglected or abandoned seizes this dog, the Seller is to be notified within 24 hours by the Buyer and retains the right to reclaim this dog/puppy without compensation to the Buyer. The Buyer agrees to pay the Seller any and all expenses, including court costs and reasonable attorney fees, in enforcing the terms and provisions of this contract. It is also understood that the Seller may examine and make inquiries about said puppy/dog at any time. If not satisfied with the condition of the puppy/dog or the conditions in which it is kept, said puppy/dog can or may be removed immediately. NO REFUND OR REPLACEMENT OF PUPPY WILL BE GIVEN. Any veterinary services needed due to negligence or lack of care, will be the Buyer’s responsibility and payable to the Seller.
ALL WARRANTIES, GUARANTEES AND PROMISES OF SELLER UNDER THIS CONTRACT SHALL BE NULL, VOID AND OF NO EFFECT IF THE DOG/PUPPY HAS BEEN THE VICTIM OF ABUSE, NEGLECT, ACCIDENT OF ANY TYPE OR IMPROPER DIET THAT RESULTS IN THE DOG BEING UNDERWIGHT, OVERWEIGHT OR LACKING IN PROPER NUTRITION.
This contract contains the entire agreement between the parties and no statement or verbal agreements made by either party that are not contained in this written contract shall be valid or binding. The contract may not be modified or altered except in writing and signed by both parties. Violations of the contract will constitute BREACH OF
CONTRACT, prosecutable by law and may result in mandatory confiscation and return of the dog/puppy to the
I have read and understand the stipulations of the contract and voluntarily agree to all elements, stipulations
and provisions herein.
Signature of Buyer(s) ______________________________________________________________
Signature of Breeder(s) ______________________________________________________________