BIEWER TERRIER AGREEMENT
OF
PURCHASE AND SALE
This AGREEMENT REGARDING THE PURCHASE AND SALE OF A BIEWER TERRIER (hereinafter “Agreement”) effective as of ____________is entered into by Myrna Torres (hereinafter “Seller”) and ________________ (hereinafter “Buyer) for the purpose of setting forth the terms and conditions of the purchase by Buyer of one Biewer Terrier dog from the litter whelped on __________, a puppy, currently known as (hereinafter “Puppy.”)
Agreement
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties hereby agree as follows:
1) Purchase Price. For the sum of $ (United States Dollars), Seller agrees to sell and Buyer agrees to buy Puppy. Fifty percent of cost is required to hold the puppy and is a non-refundable deposit. The balance shall be due in full when the puppy is picked up or before it is shipped. If the balance is not paid by ___ ___________ (date), the sale of Puppy will be void and deposits paid will be forfeited.
2) Transportation of Puppy. Puppy will not be released to Buyer until it is at least fourteen (14) weeks of age. Transportation shall be agreed upon by Seller and Buyer. Buyer will be responsible for all transportation fees and costs.
3) Health of Puppy. Sale is contingent upon full veterinary approval within 5 days, if this purebred dog does not have your veterinarian's approval; please return Puppy to breeder premises immediately for a full refund. If Puppy dies an autopsy must be given within forty-eight (48) hours of death for proof of disease. If this dog develops a serious hereditary disease or other life threatening congenital disease, with the exception of luxating patellas which cannot be guaranteed on any toy dog as injuries are common similar to a trick knee on a football player, or trachea problems which can be the result of careless intubations or severe bronchitis, specifically, but not limited to Legg Perthes (one year guarantee) or liver shunt, within the first two (2) years of life, a full refund or another puppy shall be given as a replacement whichever is mutually agreeable. Any genetic disease must be diagnosed by a veterinarian or of Seller’s choice at Seller’s expense. This is an emerging breed and there is no guarantee of size and weight of puppy at adulthood.
4) Inoculations. Puppy will be started on his/her heart worm prevention, and had all his/her puppy shots. If Buyer’s vet recommends it, a third set of shots can be given 3 weeks after the second shots. The only shot Puppy will need after you receive him/her is a rabies vaccine. We do not vaccinate nor recommend a rabies vaccine until the puppy is at least 6 months, preferably 1 year old due to their size. Since Puppy has been fully vaccinated, if you give him/her another vaccination before his/her yearly booster is due this contract is void.
5) Registration. Puppy will be registered with the Biewer Terrier Registry of America (“BTRA”) and sold only on a spay/neuter contract. Buyer agrees to have Puppy altered by the time it is 6 months old. Buyer also agrees to provide Seller with a veterinarian endorsed spay/neuter certificate. Registration of the Puppy will be withheld until documentary proof of spaying or neutering is provided. If Buyer does not provide a certificate of spay or neuter from a qualified veterinarian by the time the Puppy is 6 months of age, Buyer will pay Seller an additional $2,500.00 for that privilege.
6) Agency or Broker Restriction. Buyer agrees that she is not acting as an agent or broker in the purchase of Puppy.
7) Relinquishment of Ownership. In the event that the Buyer is unable to keep the dog or provide an appropriate home in accordance with this Agreement, Seller shall be given the option to purchase Puppy from Buyer, at a price to be determined at that time. At no time shall Puppy be abandoned to a shelter. If Puppy is found to have been sold, abandoned or given away without Seller’s knowledge and Seller discovers this, Seller will take legal action and the original Buyer of the dog will be responsible for all legal expenses incurred.
8) Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.
9) Amendment; Waiver; Etc. No provision of this Agreement may be waived, amended or otherwise modified unless such waiver, amendment or modification is agreed to in writing and signed by both parties hereto. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which is not expressly set forth in this Agreement.
10) Binding Effect; Successors. This Agreement may not be assigned by either party hereto without the prior written consent of the other party, but shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns by operation of law.
13) Construction. All questions concerning the construction, validity and Interpretation of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of California without regard to its conflict of laws or choice of laws provisions. Any dispute arising between the parties hereto concerning the meaning or interpretation of this agreement, or the rights, duties, or obligations of the parties to this agreement shall be submitted to and determined in Pasadena, California.
IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by each of the parties, intending to be legally bound, hereto as of the date first written above.
