THIS PURCHASE AGREEMENT (this “Agreement”) is entered into, made and effective as of this ______ day of _________________ 2018 by and between OODLES OF DOODLES LLC, a Kentucky limited liability company with an address of 75 Rachel Ct., Pikeville, Kentucky 41501 (the “Seller”) and _________________, with a mailing address of ________________________________________________________________________(“Purchaser”).
1. DESCRIPTION OF DOG. The dog sold pursuant to the terms of this Agreement is as follows: SEX: MALE, DATE OF BIRTH: _________________, MICROCHIP NUMBER: _________________, SIRE: _________________, DAM: _________________, TYPE: _________________ (the “Dog”). This Dog was born under the care of Oodles of Doodles LLC and is being transferred to Purchaser with registration from the _________________.
2. PURCHASE PRICE. In consideration of the purchase of the Dog described in Section 1, the Purchaser agrees to pay to Seller the sum of One Thousand Two Hundred and 00/100 Dollars ($1,200.00) plus applicable Kentucky Sales Tax of six percent (6%) for a total of One Thousand Two Hundred Seventy-two and 00/100 Dollars ($1,272.00). Other applicable fees may apply if paying via PayPal or if transport has been arranged.
3. WARRANTY. Seller guarantees that, at the time of transfer, the Dog is in good health as evidenced by the Veterinary Report accompanying the Dog. The Dog shall have dew claws removed, be microchipped, and be up to date on all dewormings and vaccinations as required at the time of transfer. Seller shall provide to Purchaser a health record indicating time and date of vaccination by a licensed veterinarian.
- The Purchaser has five (5) days from the date of purchase to have the Dog examined by a licensed veterinarian of Purchaser’s choosing.Failure to have the Dog examined by a licensed veterinarian within five (5) days from the date of transfer will void the terms of this warranty.Any request to return the Dog to the Seller for a full refund must be made within this time period and may only be requested should the Dog prove to have a life threatening illness upon transfer.Proof of examination must be provided.Refunds will be provided upon return of the Dog to Seller at Purchaser’s expense and upon confirmation of diagnosis by a licensed veterinarian selected by the Seller.
- The Dog is warranted to be free from parvo virus, distemper, hepatitis, and canine influenza for a period of three (3) days from the date of transfer.Any diagnosis of these illnesses within this time period must be confirmed in writing by a licensed veterinarian.Seller may request a second opinion by a licensed veterinarian of their choice.
- The Dog is warranted against all serious life threatening or life altering genetic disease until two (2) years of age.Should a genetic disease be discovered during this time that will greatly shorten the life or greatly alter the quality of life of the Dog, Seller will provide Purchaser with a seventy-five percent (75%) refund of the purchase price or a replacement dog of like kind from a future litter.
- The Dog is warranted against Hip Dysplasia until two (2) years of age.Should Hip Dysplasia be discovered before the age of two (2) years, Seller will provide Purchaser with a seventy-five percent (75%) refund of the purchase price or a replacement dog of like kind from a future litter.This warranty shall be considered null and void in the event the Dog is allowed to become overweight or if developing joints are allowed to be overstressed at any point during the first two (2) years.Should a diagnosis of Hip Dysplasia be received within the first two (2) years, Purchaser must provide seller with proof in the form of documentation from PennHIP or OFA.Veterinary medical records will be required showing the weight of the Dog and the veterinarian’s assessment of the weight.Seller reserves the right to confirm the results before a replacement or refund is provided.Should results from PennHip or OFA indicate that an injury may have occurred that caused or contributed to the diagnosis then no refund or replacement will be provided.
- This Dog is not warranted against the following:viral illnesses, parasites, infections, improper bites, giardia or coccidiosis or kennel cough.The warranty also does not cover illnesses due to the ingestion of foreign objects, food, chemicals, stress related issues, behavioral issues or physical injuries.
- The Seller makes no warranty, neither express nor implied, relating to the Dog described in Section 1 with respect to temperament, size, coat color, or coat texture (waviness or curliness).
4. Maintenance. Purchaser agrees to maintain the Dog in good health and provide routine preventative health care including, but not limited to, vaccination, treatment for internal and external parasites, flea and tick prevention, and any other preventative medication or treatment as recommended by a licensed veterinarian. All veterinary medical records must be provided to Seller in the event that any refund or replacement is requested by the Purchaser. If any of the preventative care mentioned above has been withheld, then in that event the Warranty contained in Section 3 herein shall be considered null and void.
5. Spay/Neuter. The Dog subject to this Agreement is being sold to Purchaser as a pet. No breeding rights are hereby conveyed by this Agreement or any registration. In order to enforce this provision, Purchaser agrees to provide to Seller proof, from a licensed veterinarian, that the Dog has been spayed or neutered within one (1) year from the date of birth. In the event that a licensed veterinarian believes it is in the best interest of the Dog to either expedite or delay this process, then Purchaser agrees to provide proof to Seller as soon as reasonably possible.
6. Rehoming Agreement. It is the intent of the Seller to provide the Dog as pet who will become a permanent member of Purchaser’s household. In the event that Purchaser deems it necessary to remove the Dog from their home, for whatever reason, then Purchaser agrees to find a suitable replacement home for the Dog. In no event should the Dog ever be transferred to a shelter, pound, or released into the wild. If the situation arises that Purchaser is unable to relocate the Dog to suitable home, then Seller agrees to use its best efforts to assist Purchaser with this process. Seller ultimately agrees to take possession of the Dog, at Purchaser’s expense, if the Purchaser is unsuccessful in its relocation efforts. Seller will not be liable to Purchaser for any refund or replacement, however, Seller will forward to Purchaser any proceeds related to the rehoming of the Dog after deduction of any expenses related to the same.
7. Severability. In the event one or more provisions of this Agreement is deemed to be invalid or unenforceable, then the remainder of this Agreement shall remain in full force and effect.
8. Governing Law. This Purchase Agreement shall be governed by the laws of the Commonwealth of Kentucky, without regard to conflicts of laws purposes.
IN WITNESS WHEREOF, Seller and Purchaser have caused this Purchase Agreement to be duly executed and delivered by them or their authorized representatives effective as of the date first set forth above.
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