Southern Coast Goldendoodles Purchasing Contract
This agreement is between Southern Coast Goldendoodles (Seller) and _________________________ _____________________________(Buyer). It is agreed between Seller and Buyer as follows:
DESCRIPTION OF DOG The dog sold pursuant to the terms of this agreement is as follows:
1. SEX: Male Female
2. WHELPED: _________________________________
3. COLOR: ____________________________
2. SELLER’S REPRESENTATIONS The following conditions apply to the sale of the aforementioned dog: The Buyer has THREE days from the time of purchase to have the dog examined by a veterinarian and to personally inspect the dog. Any request to return the dog to the Seller must be made within this time period and must be accompanied by a written statement from a veterinarian describing all problems found. Failure to have the puppy examined within 3 days voids the health warranty. A warranty against genetic defects is provided for two years after the date of sale, related reimbursement limited to 50% of the purchase price. Genetic defects that qualify for reimbursement are those related to hip, heart, elbow, eye, or life-threatening issues. Reimbursement for genetic defects will be made only when a second opinion from a qualified veterinarian and proof of surgery expenses are provided. An official OFA hip rating will qualify as a second opinion. In the rare case of death, the puppy will be replaced free of charge if under 2 years of age. A necropsy report completed by a qualified vet must show the cause of death was caused by a genetic issue. Shipping fees are at the Buyer’s expense. Seller agrees to rehome the dog should the original Buyer so request. This warranty is void in the event of an indeterminable or inconclusive diagnosis. The warranties and obligations provided hereunder are non-assignable. As such, any transfer of the dog will void any and all warranties contained herein. Seller makes no guarantee this dog will not shed or cause an allergic reaction. Buyer understands that Seller’s prediction of coat type, height, and weight at adulthood are estimates only and are based on Seller’s goal to match puppies with families appropriately. This dog must be spayed or neutered before 8 months of age and failure to have this done will void the health warranty. Proof of spay/neuter must be provided to the Seller within 30 days of procedure being completed to maintain your warranty. Failure to have this dog spayed or neutered prior to 8 months of age will require Buyer to pay Seller $20,000.00. Buyer expressly understands that any violation of the spay/neuter requirement and prohibition on breeding described herein will result in damages to Breeder that will be difficult, if not impossible to accurately estimate, because of, among other factors, the inherent difficulties in ascertaining the unauthorized sales of dogs, calculating the loss of income to Breeder, valuing the threat of harm to Breeder's dogs arising from irresponsible breeding practices, and calculating the damages to Breeder's reputation should the dogs be so used. Accordingly, Buyer expressly understands and agrees that any violation of the aforementioned provisions will entitle the Breeder to liquidated damages in the amount of $20,000. Buyer expressly understands and agrees that such amount is not a penalty and is reasonable in light of the factors discussed herein. Proof of spaying/neutering by 8 months of age must accompany any request for warranty reimbursement. This puppy is being sold as a family pet and does not convey with breeding rights. If this puppy is bred, the Buyer agrees to pay the Seller $22,000.00 for every littler produced. Under no circumstances shall the Seller be liable to the Buyer or to any third party for a dog that has been subjected to abuse, accident, negligence or misuse. Also, under no circumstances shall the Seller be liable for any consequential incidental or special damages resulting from or in any manner related to the dog. Under execution of this contract, all veterinary care and its associated costs are the sole and exclusive responsibility of the Buyer.
3. CONSIDERATION This dog, identified in Section 1, is being sold for the sum of $______________________ payable in full at the execution of this contract. In the event that said funds are not readily collectible by the Seller, for example, a refusal by a bank to honor a check tendered by the Buyer for the dog, the parties agree that the Seller shall have the right to recover from the Buyer all reasonable attorneys’ fees and court costs incurred in connection with obtaining full payment.
4. MAINTENANCE Buyer agrees to maintain this dog in good health, provide preventative health care including, but not limited to, inoculation, internal parasites, and (where indicated) heartworm preventative medication. It is agreed that your Goldendoodle will be housed indoors and fed a quality food. It is also agreed that you will maintain the dog at a healthy weight. Buyer agrees to postpone strenuous, repetitive exercise (such as agility training or running miles a day) until a minimum of one year of age. Buyer agrees to provide basic obedience training within the first year of ownership. Buyer agrees that if at anytime this dog needs to be rehomed it will be returned to breeder.
5. FULL AND FINAL AGREEMENT The parties agree that this writing represents the entire Agreement between them and that no other representations, either oral or written, have been made regarding the dog described above. The parties further agree that no changes in this contract shall be binding upon either of them without written modifications signed by both parties. Buyer agrees that he/she understand this contract fully, and that this contract is under the jurisdiction of the Gwinnett County, State of Georgia. In the event of litigation arising out of one or more of terms of this contract, the non-prevailing party must reimburse the prevailing party for all reasonable attorneys' fees and costs resulting therefrom. If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable, that construction shall not affect the remainder of this agreement, which is to be given full force and effect without regard to the invalid or unenforceable provision.
Sellers Signature: ___________________________________ Date: __________________
Buyer’s Signature: __________________________________ Date: ______________________
Buyer’s Phone Number: ___________________________