Shoal Creek Puppies, LLC
SHOAL CREEK PUPPIES, LLC
3031 Farm Road 2142
Exeter, MO 65647
PUPPY SALES AGREEMENT
This Puppy Sales Agreement, (the “Agreement“), is entered into between SHOAL CREEK PUPPIES, LLC, a Missouri Limited Liability Company (“Seller“), and _________________________________________________________________________, (collectively the “Buyer” whether one or more, and together with Seller, the “Parties“, and each, a “Party“).
Buyer’s Physical Address is: _____________________________________________________ WHEREAS, Seller is in the business of breeding and selling certain breeds of puppies and dogs; and WHEREAS Buyer desires to purchase from Seller, and Seller desires to sell to Buyer a dog or puppy as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
_______ If this space is checked, the parties acknowledge that the exact identity of the puppy has not yet been determined and that the specific information in the box below will be left blank.
Registration or Litter #:
The Buyer will pay the following deposit, fees, and purchase price for the Dog:
A non-refundable deposit will be paid contemporaneously with the execution of this Agreement in the amount of: $__500_________.
The remaining purchase price for the Dog will be $_________________. The remaining purchase price must be paid in full prior to shipping of the Dog, or otherwise prior to or contemporaneously with the delivery of the Dog to the Buyer.
If applicable, the estimated shipping fee for the Dog (using the Buyer’s address as set forth above) will be $______________. The shipping fee must be paid in full prior to shipment of the Dog to the Buyer and is subject to change. Buyer will be notified of any changes in the estimated shipping fee.
In the event that the Buyer requests a delivery date for the Dog that is past eight (8) weeks from the Dog’s date of birth, the Buyer will pay a boarding fee for the Seller’s expense in keeping and caring for the Dog in the amount of $___________ per day from and after said eight (8) weeks. The boarding fee will be paid in full prior to shipping of the Dog, or otherwise prior to or contemporaneously with the delivery of the Dog to the Buyer. The boarding fee, if applicable, will be waived in the event that and to the extent that delivery is delayed by the Seller for any reason that is beyond the control of the Buyer.
Any other miscellaneous fees, if any, are set forth below. If none, the following lines will be left blank:
In addition to cash or certified funds, Seller may accept debit card or credit card payments or payments via PayPal as a convenience to the Buyer; provided that Buyer agrees that no chargebacks or disputes will be filed through a credit card company or financial institution for any reason, and provided that Buyer will pay Seller’s cost/service charge in processing the same. For PayPal payments, the additional service charge is 3.25% of the payment amount. For credit card payments the additional service charge is 3.55% of the payment amount.
Seller in good faith anticipates that the Dog will be ready for delivery to the Buyer on and after: [month] / [day] / [20____], subject to confirmation that the Seller deems the Dog to be healthy enough to leave Seller’s possession prior to the anticipated delivery date. Unless the Buyer specifically requests delivery of the Dog by shipment, the Buyer will arrange for delivery of the Dog by pickup at the Seller’s address as set forth at the top of this Agreement by contacting the Seller via contact methods as set forth at the top of this Agreement. Delivery by pickup at the Seller’s address is strongly encouraged. In order to avoid boarding fees, the Dog must be delivered on or before: [month] / [day] / [20____]. However, the boarding fee, if applicable, will be waived in the event that and to the extent that delivery is delayed by the Seller for any reason that is beyond the control of the Buyer.
Delivery by shipment will only be made by shipment using the Buyer’s address as set forth at the top of this Agreement. If the Buyer’s address changes after the execution of this Agreement but prior to the delivery date, the Buyer is responsible for notifying the Seller in writing of such address change. In the event of an address change, the Shipping Fee will be adjusted by the Seller to accommodate the new address, and the Buyer agrees to pay the adjusted Shipping Fee upon notice by the Seller and prior to shipment of the Dog.
Delivery by shipment will be made via methods chosen by the Seller in Seller’s sole discretion as those methods that would be most humane and be best to ensure the health, safety, and welfare of the Dog. The Buyer will strictly adhere to all instructions provided by the Seller for delivery of the Dog via shipping and receipt of the Dog via shipping.
Until such time as the Dog is delivered, the risk of loss of the Dog will be on the Seller. If for any reason Buyer fails to accept delivery of the Dog after Seller’s notice that delivery is ready or complete as the case may be, the risk of loss to the Dog shall pass to Buyer and the Seller may exercise any remedy available at law or in equity to mitigate Seller’s damages and to recover for the same.
Seller will not be liable to the Buyer for the delay in delivery of the Dog in the event that the Seller, in its sole discretion, does not believe that the Dog is healthy enough to leave the Seller’s possession. The Buyer will not be responsible for any boarding fee in the event that delivery is delayed for health reasons related to the Dog.
Seller is in compliance with all AKC regulations or any other breed registry regulations as applicable and makes every effort to ensure that the Dog is healthy at the time of transfer. Seller will not allow the Dog to leave until Seller is certain that the Dog is healthy enough and has passed a licensed veterinary health inspection, is free from any illness, and is eating well on its own. The Buyer MUST have the Dog examined by a licensed veterinarian (“vet”) within three (3) days of receiving delivery of the Dog to validate this guarantee. Notwithstanding the foregoing provisions, any exam performed by a vet belonging to the Banfield network (Petsmart/Petco) will VOID all warranties due to their reputation of financial abuse of new Dog owners. If the Buyer’s vet finds the Dog “unfit” for sale upon this initial examination, the Buyer must provide documentation to the Seller and the Seller’s vet of choice. Failure to provide documentation will void all warranties. Upon Seller’s receipt of and verification of an “unfit” diagnosis pursuant to the terms of this Section, the Seller will replace the Dog within the next twelve (12) months with a Dog of equal monetary value. If the Buyer wishes to have a Dog of greater value, the Buyer may pay the difference in value to receive a Dog of higher value. Seller reserves the right to determine the monetary value of the Dog. It is the Buyer’s responsibility to return the Dog along with all registration papers and all other related items. SELLER WILL NOT BE RESPONSIBLE FOR ANY EXPENSES INCURRED BY THE BUYER TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
Seller warrants that the Dog has been given vaccines that were delivered to the Seller in a cold pack and were immediately transferred to the Seller’s refrigerated storage until the vaccine was used and the coordinating label placed in the Dog’s vaccination record following the manufacturer’s instructions. All vaccines are NOT created equal; therefore, the Buyer or the Buyer’s vet may notice a different schedule has been followed according to the specific vaccination administered. Because overvaccination can cause serious health consequences, any vaccination given before the Dog is due for its next vaccine will VOID this guarantee in its entirety. All of Seller’s dogs have completed their regimen of immunization to their age-appropriate vaccination schedule at the time of delivery. It is the Buyer’s responsibility to set up an ongoing appropriate vaccination schedule with the Buyer’s vet. The Seller assumes no responsibility for any illness to other household pets resulting in being exposed to the Dog.
The Seller follows a very strict preventative worming schedule as listed in the Dog’s vaccination record. The seller cannot guarantee the Dog against illness or opportunistic parasite brought on by the stress of moving (from Seller’s location to Buyer’s location), shipping, or motion sickness resulting from being transported. This stress can ignite illnesses and opportunistic parasites such as worms, hypoglycemia (sugar drop) or coccidia (dormant in most live animals), giardia, kennel cough, etc. Seller also does not guarantee the Dog to be “worm-free” as this is an on-going process that, once the Dog is out of Seller’s control, is the responsibility of the Buyer. Worms are easily and economically treated, and should they occur SELLER WILL NOT BE RESPONSIBLE FOR ANY EXPENSES OR OTHER COSTS THAT THE BUYER MAY INCUR.
If Buyer complies with all the terms contained within this agreement, then Seller warrants the health of the puppy for the first two (2) years of life against genetic hereditary life-threatening genetic defects involving the heart, liver, and kidneys. Life-threatening is defined as “a genetic abnormality/disorder that will eventually cause the early death of the dog with a life expectance of less than 5 years either by the progression of the disease or by recommended euthanasia unless extensive medical care and surgery are preformed beyond the cost of said puppy. This guarantee is for the first two (2) years of life only, and all claims must be submitted before Dog’s second birthday. The Dog must NOT breed before the age of two (2) years of life. Breeding of the Dog within its first two (2) years will void all warranties. Seller’s only liability and responsibility upon a valid warranty claim will be replacement of the Dog. If a replacement dog is deemed necessary during the warranty period due to an identified genetic life-threatening defect, the replacement will be made for the same or less value of the dog, unless Buyer prefers to pay the difference for a more valuable dog. However, the Buyer must return the original Dog along with all registration papers, immunization papers, microchip registration papers, etc. In the unlikely event that a death occurs, a necropsy must be performed by a licensed vet and a copy of the report forwarded to the Seller for review by Seller’s vet before determining if a replacement is to be made. If the Seller’s veterinarian concurs that the puppy did indeed pass away due to a genetic defect, the Seller will replace the Dog as soon as one is available. All expenses are at Buyer’s expense including the licensed veterinarian tests, professional diagnosis and necropsy, if applicable, as well as the return shipping and shipping of the replacement dog. If the Dog becomes ill and the Buyer has the Dog euthanized without the Seller’s prior consent, no replacement will be made. If the Buyer declines the replacement dog, then Seller shall be under no further obligation and it will be deemed that the Buyer has released the Seller from any and all further claims, obligations or duty on this Agreement.
An OFA X-ray must be taken between the ages of 24-25 months. If the Dog is found to show clinical signs of lameness and is then assessed by the OFA to be dysplastic, a replacement dog will be made for the same or less value of the Dog (unless Buyer prefers to pay the difference for a more valuable dog), at the Seller’s convenience. However, Buyer must return the original Dog along with a copy of the OFA assessment, the Dog’s original AKC registration papers, immunization papers, microchip registration papers, etc. All expenses are at the Buyer’s expense including the licensed veterinarian tests, professional diagnosis, as well as the return shipping and shipping of the replacement dog.
This Seller’s warranties do NOT cover any costs associated with spaying or neutering, nor do they cover injury or death from any routine surgical procedure. Further, the warranty does not cover any of the following conditions or minor flaws, including but not limited to: worms, coccidiosis, giardia, hypoglycemia, kennel cough, pneumonia, ear mites, ear infections, skin mites, mange (sarcoptic demodectic or cheyletiella), cherry eye or any other non-life-threatening eye, skin, or tissue issues, allergies, over or under bites, herniations, a non-life-threatening open fontanel, non-life-threatening bone or joint disorders such as but not limited to luxating patellas and heart mummers that are not life-threatening, Seller cannot guarantee size, color, temperament or fertility (including presence of testicles) of any dog. Seller cannot guarantee size or conformation and does not imply or intend to imply any potential and/or prospect of show quality of any dog. In addition, Seller cannot guarantee that dewclaws will not re-grow and will not be responsible for any vet charges the Buyer may incur in removing dewclaws or tail docking.
In the event that the Dog is replaced by the Seller with a new puppy pursuant to the above warranties, then the warranties and the parties’ responsibilities as set forth in this Section will also apply to the new or replacement puppy.
EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE DOG, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION.
The Buyer additionally warrants as follows:
Buyer agrees that the Dog will never be sold, leased, or given to any pet shop, animal shelter, rescue, research laboratory or other similar facility. In the event Buyer decides they can no longer care for the dog, wishes to sell, transfer ownership, or give the Dog away, the Buyer agrees to notify Seller immediately and Seller is to be given the first right of refusal. If Seller exercises this right, ownership shall be legally transferred to Seller and Seller will thereafter have no obligations to the Buyer. All registration papers, immunization papers, microchip papers, etc. must be returned with the Dog and cost of shipping, if applicable, shall be at Buyer’s expense.
Termination of the Agreement by Seller will nullify and void all warranties.
It is agreed and understood by all parties to this Agreement that this instrument constitutes the entire agreement between the parties, and that the terms and provisions of this Agreement are contractual and not mere recitals. No additional promises, agreements, and conditions have been entered into other than those expressly set forth in this Agreement. This Agreement may not be modified or amended without the written, signed consent of all parties to this Agreement.
In the event that any provision, paragraph, sub-paragraph, or sentence of this Agreement is declared to be invalid for any reason, it will not affect the validity of any other provision of this Agreement, and all other provisions, paragraphs, sub-paragraphs, and sentences will remain in full force and effect.
All parties to this Agreement agree that the failure of any party to this Agreement to strictly enforce any term of this Agreement will not ever result in a waiver of such party to subsequently enforce the conditions of this Agreement.
There are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either party.
and Venue. This instrument will be construed and enforced under the laws of the State of Missouri. Any Alternative Dispute Resolution or legal action arising hereunder will be filed exclusively in the Circuit Court of Barry County, Missouri, and all parties consent to the venue of such Court.
Costs of Collection and Attorney Fees. If the Seller in its sole judgment deems it necessary to initiate collection procedures to collect any fees or expenses due pursuant to this Agreement, or to retain an attorney as a result of a breach or alleged breach of this Agreement, the Buyer will reimburse the Seller for all costs, including reasonable attorney fees, incurred by reason of collection or breach.
[SIGNATURE PAGE FOLLOWS]
Signature of Shoal Creek Puppies, LLC
As agent for Shoal Creek Puppies, LLC DATE
Print Name and Title
Signature of Buyer(s)
Telephone Number of Buyer: ______________________
Email of Buyer: _________________________________
(Additional Buyer Signature if Applicable)
SHOAL CREEK PUPPIES, LLC
SPAY AND NEUTER TERMS AND CONDITIONS TO
PUPPY SALES AGREEMENT
These Spay and Neuter Terms and Conditions are hereby incorporated into the Puppy Sales Agreement, (the "Agreement") between SHOAL CREEK PUPPIES, LLC, a Missouri Limited Liability Company ("Seller"), and _________________________________________________, (collectively the "Buyer" whether one or more, and together with Seller, the "Parties", and each, a "Party") that is dated on or about [month] / [day] / [20____].
Spay and Neuter Terms and Conditions
Buyer will have the Dog spayed or neutered before the Dog reaches eight (8) months, or within twelve (12) months if a longer period is recommended by a vet for the Dog’s well-being.
The Dog will not be used for breeding and will not produce a litter of puppies.
Permanent ownership of the Dog is contingent upon the Buyer’s compliance with these terms and conditions. Proof of the spay/neuter must be received by the Seller within fourteen (14) days after the surgery. In the event that the Dog's health does not allow these terms and conditions to be honored, the Seller must be provided with a statement from the Buyer’s veterinarian that the Dog is not yet in physical or emotional condition for surgery. Based upon the veterinarian's evaluation of the Dog the Buyer will contact the veterinarian and establish the earliest date that the procedure can be performed. The Buyer will thereafter notify the Seller of the anticipated spay/neuter date, at which time all other conditions of these terms and conditions will apply and be enforced.
The Buyer will have the responsibility to ensure that the Seller receives verification that the spay/neuter surgery has been performed.
Failure to provide the Seller with proof of the spay/neuter of the Dog will be a breach of the Agreement and, in addition to damages provided for in the Agreement, the Buyer will be obligated (at Buyer’s cost) to deliver the Dog and return it to the Seller in good health and without refund of the purchase price or any portion of the purchase price. In the event that the Buyer refuses to return the Dog to the Seller upon a breach of these terms and conditions, then the Seller may seek equitable relief or specific performance as deemed necessary by the Seller.
The Buyer will not transfer the Dog to a third party prior to spaying or neutering. In any event, the Buyer will first be obligated to offer the Dog back to the Seller prior to selling or giving the Dog away to any third party (other than to Buyer’s immediate family or children).
In the event that the Dog should pass away before the Buyer has the opportunity to timely spay or neuter the Dog as set forth above, the Buyer will provide a written statement from the Dog’s vet confirming that the Dog has passed and the cause of death, if determinable.
LIQUIDATED DAMAGES FOR VIOLATION OF TERMS AND CONDITIONS: The parties acknowledge that the Seller’s breeding program and its dogs are valuable assets and that Seller enjoys a reputation for of producing healthy and highly desirable dogs through responsible practices. In the event that the Buyer should violate these spay and neuter terms and conditions, then such violation would result in damages to the Seller that would be difficult if not impossible to ascertain for reasons including but not necessarily limited to: 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 damages to Seller’s reputation should its dogs be used in irresponsible breeding practices.
By reason of the foregoing, the parties acknowledge and agree that violations by the Buyer of these spay and neuter terms and conditions will entitle the Seller to liquidated damages in the amount of Five-Thousand and no/100s Dollars ($5,000.00). Such amounts are not a penalty and are reasonable in light of the foregoing provisions and other factors.