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Health Guarantee/Agreement

Pine State Australian Labradoodles Health Guarantee and Sales Contract

This agreement is made this ____ day of_________________, 20__ by and between the breeder (seller) Pine State Australian Labradoodles (hereinafter “PSAL”) and the buyer named below:

Buyer:____________________________________________________________________

 

Seller and Buyer are collectively known as “parties”.
WHEREAS, the Seller is a breeder of Australian Labradoodle puppies; and
WHEREAS, the Buyer desires to purchase one of PSAL’s puppies; and
WHEREAS, the Seller desires to sell one of its puppies to buyer for monetary consideration; and
WHEREAS, both parties desire the upmost health and quality of life for the puppy in question;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Terms:
The parties expressly agree that the puppy in question is being sold as a Pet. Pet quality simply refers to the dog being sold as a pet and companion only.

Pine State Australian Labradoodles (hereinafter “PSAL”) takes responsibility for the puppies we produce throughout their entire lives to ensure they have the quality of life they deserve.  If, under any circumstances, the buyer is no longer able to keep the puppy/dog, they agree to notify PSAL first.  PSAL will assist in helping to re-home the dog.  Buyer expressly agrees that under no circumstances is the buyer allowed to place a puppy/dog from PSAL in an animal shelter or with a third party without express written consent from PSAL.  Parties furthermore agree and understand that the cost of a puppy will not be refunded should a buyer no longer want to keep it for reasons other than a medical condition covered under our Health Guarantee.

PSAL shall insure that all puppies are vet checked prior to placement, spayed/neutered, de-wormed, and provided their first vaccinations.  If, for medical reasons, a puppy is not spayed/neutered before it is placed, the buyer agrees to have it spayed or neutered within 6 months of its birth, and further agrees to provide PSAL with a spay/neuter certificate from a veterinarian.  If the buyer fails to provide PSAL with a spay/neuter certificate or uses the dog for breeding purposes, the buyer expressly agrees to immediately pay to PSAL the sum of Ten Thousand and 00/100 Dollars ($10,000.00); this representing the fair market value of a breeder puppy.

In order to honor any claims against PSAL’s health guarantee, the buyer must have had the puppy examined by a veterinarian of their choice within 72 hours of taking receipt the puppy and to provide PSAL with proof of said examination within 5 business days of the examination.   All puppies/dogs must be kept on a regular heart worm preventative and receive routine vaccinations and veterinary check-ups throughout its life.

This guarantee is only applicable to the original buyer listed on this document.  If ownership or possession of the dog/puppy has been transferred in any manner, the health guarantee is null and void.

PSAL guarantees this puppy from life altering hereditary defects to the age of 36 months. Life altering hereditary defects covered by this guarantee include, but are not limited to, hip dysplasia and progressive retinal atrophy. To exercise the guarantee a puppy/dog must be diagnosed with a life altering hereditary defect by an accredited veterinarian prior to reaching 36 months of age and a copy of the report must be received by PSAL no later than 5 business days after the report is issued.   An Orthopedic Foundation for Animals (OFA) or University of Pennsylvania Hip Improvement Program (PennHip) report is required to substantiate claims of hip dysplasia.  PSAL reserves the right to have the puppy/dog checked by a veterinarian of its choice to confirm the diagnosis.  Any condition resulting from improper care and feeding of the puppy, such as obesity, early (<12 months) agility training, or trauma will invalidate the health guarantee. Should a heritable health defect be diagnosed by a qualified veterinarian and confirmed by a veterinarian of PSAL’s choosing, the buyer sole remedy at law and equity shall be the choice of a puppy of equal value from an upcoming litter.  The parties expressly agree that monetary damages shall not be available, and all transportation costs shall be paid by the buyer.  PSAL understands that the buyer may have become attached to the puppy/dog with the heritable defect and, therefore, said puppy/dog may remain in the care of the buyer if the buyer so chooses.  If the buyer chooses not to retain ownership of the puppy/dog with the heritable defect, or cannot afford its medical treatment, buyer agrees to surrender the puppy/dog to PSAL, who will take possession of the puppy/dog and provide the proper medical care, with all transportation fees to be paid by the buyer.

Miscellaneous Provisions:
(a)Governing Law.  This agreement shall be governed by and construed in accordance with the laws of the State of Maine.  The parties agree that all disputes arising under this agreement shall be settled exclusively through binding arbitration to be held in Kennebec County, State of Maine.

(b)Entire Agreement.  This agreement constitutes the entire understanding between the parties, and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, between such parties with respect to the subject matter hereof.

(c)Modifications.  This Agreement cannot be changed, amended or supplemented orally, but only by agreement in writing signed by the party against whom enforcement of the change, modification, or discharge is sought or by its duly authorized agent.

(d)Authority of Parties.  The individuals who have executed this Agreement on behalf of the respective parties expressly represent and warrant that they are authorized to sign on behalf of such entities for the purpose of duly binding such entities to this Agreement.

(e)No Third Party Beneficiaries.  Nothing in this agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

THIS IS A BINDING LEGAL DOCUMENT – PLEASE REVIEW COMPLETELY BEFORE SIGNING

As the Seller, I the undersigned, representing Pine State Australian Labradoodles, certify that this dog/puppy is free from illness and known genetic defects and does not appear clinically ill from parasitic infestations.  A veterinary health certificate is provided.

A Statement of Maine Law Governing the Sale of Dogs and Cats:

The sale of dogs and cats is subject to consumer protection regulations. Maine law also provides safeguards to protect sellers and animal purchasers. Attached is a copy of the Maine Revised Statutes, Title 7, chapter 745. Contained in this law is a statement of your consumer rights and remedies. Also attached is your pet’s health history and specific warranty information.

 

Seller’s Signature:                                                                                                                                     Date:

As the Buyer, I the undersigned acknowledge that I have read the Health Guarantee and agree to its terms and conditions.

Buyer’s Signature:                                                                                                                                     Date:

 

 

 

Bill of Sale

Puppy identification:                                                                                         Microchip #:
Gender:
Color:
Date of Birth:
Name of Sire:
Name of Dam:

Sale price:
Funds paid to date:
Amount owed:

Buyer’s Name:
Buyer’s Address:

Buyer’s Telephone Number:
Buyer’s Signature:

Seller’s Name:
Seller’s Address:

Seller’s Telephone Number: