PUPPY/DOG PURCHASE AGREEENT & GUARANTEE

(LIMITED REGISTATION)

This agreement (Agreement), dated as of ____________________, 20__(the “Effective Date”), is between D’s Darling AKC Long Hair Chihuahuas (“Breeder”), and ____________________(“Buyer”). The subject of this Agreement is the below-described puppy/dog (“puppy/dog”).

·          REGISTRY:                          _____________________________

·         REGISTERED NAME:        _____________________________

·         REGISTERED NUMBER:   _____________________________

·         SEX:                                       _____________________________

·         DATE OF BIRTH:                _____________________________

·         SIRE:                                      _____________________________

·         SIRE REGISTERED #:         _____________________________

·         DAM REGISTERED #:       _____________________________

The Breeder and Buyer agree as follows:

1.       Deposit. A [non}-refundable deposit of 20% (Deposit)[shall be due and paid to Breeder upon execution of this Agreement][has been paid to Breeder]. The Deposit shall be spplied to the final Purchase Price (defined below).  Buyer acknowledges that the Deposit is non-refundable in all circumstances.

2.       Purchase Price.  The full purchase price of $___________(“Purchase Price”) is agreed with the balance due in full (a) at least ONE WEEK before the puppy/dog is delivered to the Buyer.  Any travel, shipping and/or handling expenses are the responsibility of and shall be paid by Buyer.  All payments due under this Agreement shall be made in US Dollars and paid to Breeder via Payments through, Facebook, PayPal friends or Venmo friends, Cash app or cash.

3.       Limited Registration.  The puppy/dog is a purebred Chihuahua registerable with AKC and is being sold with Limited AKC registration. [Breeder agrees to provide Buyer with all AKC registration papers.] As such, the puppy/dog is not eligible for exhibiting in Conformation (but may compete in other performance events, such as Agility, Obedience and Rally). The puppy/dog shall not be bred at any time and if pups are produced, such offspring will NOT be eligible for AKC registration.

4.       Registration by Buyer. Buyer shall register the puppy/dog with AKC.  Buyer agrees to (a) use Breeder’s kennel name when registering the puppy/dog. (b) provide (via email) a copy of the puppy/dog’s AKC registration a promptly as possible after receipt.  Buyer will not change the puppy/dog’s registration name without Breeder’s prior written consent and will never remove the kennel prefix from the puppy/dog’s registration name.

5.       Unauthorized Breeding.  The puppy/dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited.  If at any time the puppy/dog has produced any offspring, [(a)]Buyer must return puppy/dog to Breeder immediately {and pay Breeder $2500 per litter of offspring] and (b) all of Breeder’s warranties set forth in this Agreement will become null and void.

6.       Breeder’s Obligations.  Breeder represents and warrants the following:

a.        Ownership.  Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer.  Ownership of the puppy/dog will be transferred to the Buyer upon Buyer’s payment of full purchase price.

b.       State of Health.  The puppy/dog (i) was previously examined by a licensed veterinarian and was found to be in good health at that and (ii) has had the immunizations enumerated in the health records provided to the Buyer.  Buyer at its own expense must that the puppy/dog examined by a licensed veterinarian with 72 hours of receiving puppy (the “Examination Period”) for the guarantee in this section to be valid.  If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy of unfit for sale, the puppy/dog may be returned to the Breeder for a full refund of the Purchase Price.  The veterinarian MUST provide a written statement deeming the puppy/dog “unfit for purchase”, which must be sent to Breeder within 48 hours of veterinary examination.  The foregoing guarantee expressly excludes (x)any health issues caused by Buyer’s ill-treatment, abuse or neglect, (y) any health issues that result from transportation from Breeder to Buyer and (z)all minor health issues, including, upper respiratory infections, allergic reactions, stress colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus), giardia, UTIs, vaginitis, umbilical hernias, hypoglycemia.

c.      Long Term Health Warranty.  Limited one year of age warranty for genetic defect. Should the puppy be diagnosed within the first twelve months of life with a proven Congenital disorder, which is considered by two unassociated veterinarians, to seriously impact the quality of life, or require continuous medical treatment throughout the course of the life, we will provide the buyer with these remedies:

(i)the Buyer chooses to give up the puppy to us, then the cost of the puppy will be given as a credit toward a replacement puppy. Shipping is at owner's expense. (ii) Should the Buyer choose to retain the life threatened genetically defected dog, to provide non elective medical care, and seeks a resolution, our remedy consists of limited credit(up to the cost of the dog) , based on the amount of non-elective medical bills incurred in the first year. The credit goes toward another puppy purchase. (iii)We do not offer cash refunds nor pay medical bills, but rather credits are given toward another puppy from us. If a credit toward a future puppy is not an option for you, then do not purchase from us. I am a widow, and do not have income from a husband or mate, so cash refunds are not an option offered. In the unlikely event of this puppy’s death in the one-year warranty, a necropsy from a state veterinary lab must confirm a GENETIC cause before the Breeder will take any action.  Necropsy is performed at buyer’s expense.  In addition, a photo of the deceased puppy must be sent with the necropsy report for I.D. verification. If genetic defect is found to be the direct cause of death our remedy is a credit of the original cost of the dog toward a replacement puppy.

d.       No Other Warranties.  No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in and “as is” condition, except as expressly and specifically set forth herein.

7.       Buyer’s Obligations. Buyer agrees to the following:

a.       Proper Care. Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) area, and proper and sufficient nutrition. Buyer will provide proper veterinary care throughout the puppy/dog’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy/dog’s common canine diseases.

b.       Veterinary Care. Buyer will also provide the following veterinary care: (i) routine vaccines and/or titers to prevent common infectious diseases, (ii) routine treatment for internal and external parasites, and (iii) annual examinations by a licensed veterinarian.

c.       Care to Prevent Orthopedic Condition. Buyer will also provide the following care:

i.                     Proper nutrition to support ideal growth and maintain optimum body condition.  Buyer will not overfeed the puppy/dog not allow it to become overweight.

ii.                   Avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller then itself at the should until the puppy/dog is full grown or the activity is approved by a license veterinarian.

d.       Sale Prohibition. Buyer is not action as an agent in the purchase of the puppy/dog.  Buyer agrees neither the puppy/dog, not any offspring of the puppy/dog, shall be used for purposes of vivisection or research.  Buyer also agrees neither the puppy/dog, not any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog house or pet store.

e.       Restriction Transfer. If at any time the Buyer is unable to keep the puppy/dog due to death, health, incapacity, financial, or any other reason. Buyer will provide puppy/dog with home approved by Breeder or return puppy/dog to Breeder. No refunds.

f.        No Transfer Outside of the United States. Buyer further agrees that the puppy/dog will not be sold to anyone residing outside the United States without the Breeder’s prior written approval.

g.       Spay/Neuter Provision. The right to ownership of the puppy/dog is conditioned upon the Buyer paying all costs and expenses to spay/neuter the puppy/dog no later than 6 months of age and providing proof of such spaying/neutering to the Breeder immediately upon completion

h.       Breach by Buyer. Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void.

8.       Ongoing Communications. Both parties agrees to promptly notify the other of change of address, email or phone number.  Buyer agrees to (a) maintain contact with the Breeder regarding the puppy/dog at least once each calendar year, and to reply as promptly as possible to inquires about the puppy/dog from Breeder; (b) inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel Club and (c) inform Breeder of any major change in the health of the puppy/dog throughout the puppy/dog’s life, including, but not limited to cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders, or autoimmune disease, and behavior problems, fear, anxiety or aggression.  Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal’s death.

9.       Remedy for Mistreatment.  If the Breeder feels the puppy/dog is not getting proper care and treatment, Breeder has the right to have the puppy/dog examined by a licensed veterinarian.  If such veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect, (a) Breeder has the right to take full possession of the puppy/dog[and its duly signed AKC transfer papers/registration] and (b) all Breeder warranties herein shall become null and void.  For the avoidance of doubt, if Breeder take possession of the puppy/dog in accordance with this section, Buyer shall not be entitled to any refunds of any payments made to Breeder.

10.   Agreement to Mediate.  If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.  The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.

11.   Governing Law.  This Agreement, and all matter arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Oregon without regard to the conflicts of laws provisions thereof.

12.   Miscellaneous.  This Agreement constitutes the entire agreement between the parties regarding the subject herein and supersedes all prior or contemporaneous agreements, negotiation, discussions and understanding, written, oral, between, parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party.  No changes, modification or waiver to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature   

IN WITNESS THEREOF, Breeder and Buyer have executed this Agreement effective as the Effective Date.

BREEDER:                                                                                                                             BUYER:

____________________________                                                                           __________________________

Name                                                                                                                                    Name____________________

Address                                                                                                                               Address____________________

                                                                                                                                                ___________________________

Email________________________                                                                         Email______________________

Phone_______________________                                                                          Phone_____________________