HAPPY BEND KENNEL
360 Little Lane Clinton, AR. 72031 501-253-2636
CONTRACT FOR THE SALE OF PUPPY
Happy Bend Kennel ("Seller") is selling to Purchaser.
This sale is subject to the following terms and conditions:
1. SALES PRICE:$_______________
2. DEPOSIT: Purchaser agrees to pay a non-refundable deposit of $450.00 by U.S. Postal Money Order. The funds shall be delivered to Seller by Priority Mail with the United States Postal Service. The balance of the purchase price is due in cash at the time of delivery. THERE ARE NO REFUNDS MAKE SURE YOU WANT THIS PUPPY. Seller reserves the right to refuse the sale of said Puppy even upon delivery.
3. REPLACEMENT OF PUPPY: If a puppy has to be euthanized within the first two years of life due to a genetic defect, a replacement puppy will be given to purchaser by Seller. Hip Dysplasia is included in this even though Hip Dysplasia isn't always genetic. If said Dog is Diagnosed with Hip Dysplasia the Radiographs Must show Proper Positioning. If upon viewing the Radiographs, I see improper Positioning then the Radiographs must be sent to Dr. Lonnie L. Davis to be viewed in Troy, OH. Upon his findings of said Radiographs the determination of Proper or Improper Positioning will be determined. No Puppy will be replaced without Proper Precise Positioning when X-Rays are performed for Hip Evaluation. There will be no refund. Purchaser shall be responsible for all shipping expenses with respect to a replacement puppy.
shall supply to Seller a verified statement from a D.V.M. stating the
specific genetic defect which cause the puppy to be euthanized and the
date of euthanization and Sellers Veterinarian must concur. No Puppy will be replaced if Surgery can give said Puppy/Dog a Quality of Life.
4. OBLIGATIONS OF PURCHASER:
a. Purchaser must give puppy the daily supplement NuVet Plus and Nu Joint Plus. These items can be ordered at 800-474-7044 using discount code 40005. Purchaser should have these items ordered and at their home prior to the delivery of the puppy.
b. Purchaser has 72 hours in which to have the puppy checked by a Veterinarian. Happy Bend Kennel is not responsible for any veterinarian bills or treatments. If a health abnormality is present, which is confirmed by two veterinarians of the Purchaser and confirmed by Seller's veterinarian, a replacement puppy will be provided by Seller, pursuant to this agreement, after the original puppy is euthanized.
c. It is mandatory that all dogs are spayed or neutered between the age of 12 and 14 months of age. A dog shall not be spayed or neutered sooner than 12 months of age.
d. After receiving your Puppy it's mandatory within 4 hours to give us a phone call for a update on how the Puppy is doing. It's mandatory by noon the following day that we receive another call on how the Puppy is doing.
A breach of this agreement will result in liquidated damages of $100.00 per day for each day after 14 months of age, and $100.00 per day for each day Spay/Neuter is done before 12 months of age. All Health Guarantees are Void if Spay/Neutered before 12 months of age.
However, Vasectomy procedures on males may be done at 6 months of age.
2). Confirmation of the spaying/neutering must be furnished to Seller within 14 days of the procedure.
d. You are not purchasing breeding rights to the animal described in this agreement. If you breach this agreement, you agree to pay to Seller the sum of $25,000.00 plus $1,500.00 per puppy produced by the above described dog, and if any such puppies are sold, you will owe to Seller an additional penalty Of upon the sale of any puppy produced by the dog described herein. Purchaser shall continue to be liable for any puppies produced by a third party from the blood line of the dog being sold.
e. You are required to spay/neuter any puppy produced contrary to the terms of this agreement, including any subsequently born puppies which are sold/give transferred to third parties. Purchaser is liable for damages to Seller for any third party who fails to spay/neuter any puppy that is received from Purchaser.
f. Treatment of Puppy:
1). The puppy will not be crated, caged or restrained (by rope, cable, wire, chain, etc) at any time, except for a walking leash during periods that the puppy is walked in areas where leashes are required or needed. Cable runs are acceptable. If it is confirmed to Seller that the puppy (regardless of age) is being treated in an inhumane manner, Seller retains the right to confiscate, without penalty, the animal described herein.
2). The puppy will be fed in an appropriate manner and shall receive proper veterinarian care from purchaser.
3). If the puppy must be re-homed, then notice must be given to Seller of the new owner's name, address and telephone number. If the puppy has not been spayed/neutered it must be completed prior to transfer or the new owners must sign a copy of this agreement and Happy Bend Kennel must approve of the new ownership.
4) Social Media: When placing your Happy Bend Kennel Puppy on Social Media, you shall not misrepresent the Breed and what it is. A German Indian Dog must be called a German Indian Dog, A Siberian Indian Dog must be called a Siberian Indian Dog ect..
5. SELLER'S REPRESENTATIONS AND WARRANTIES:
a. The terms of this agreement shall take precedence over any other written materials or discussions between Seller and Purchaser which occurred prior to the execution of this agreement.
puppy is guaranteed to be hypo-allergenic with respect to hair and
dander. You will have 6 hours, after delivery, to check all family
members to determine if any family member is allergic to the dog. If a
family member has a confirmed allergic reaction, within 6 hours of
exposure, the puppy can be returned with a full refund. NOTE: There is
no guarantee that an allergic person will not react to the puppy's
saliva. Please see additional information on our website.
6. MISCELLANEOUS PROVISIONS:
a. Merger and Modification: This document is the entire agreement of the parties. All prior discussions, negotiations and representations are merged within the terms of this agreement.
DO NOT EXECUTE THIS AGREEMENT UNLESS YOU UNDERSTAND YOUR
OBLIGATIONS. Any modification must be in writing and signed by both Purchaser and Seller.
b. Choice of Law: This agreement is enforceable under the laws of the State of Arkansas.
c. Venue: Any action for breach of contract shall be brought in a court of competent jurisdiction in Van Buren County, Arkansas, THIS MEANS THAT IF YOU BREACH THIS AGREEMENT, THE LAW SUIT WILL BE IN CLINTON, VAN BUREN COUNTY,
ARKANSAS, AND THAT YOU SUBMIT YOURSELF TO THE JURISDICTION OF
THAT COURT. IF YOU ALLEGED THAT SELLER HAS BREACHED THE AGREEMENT, THE LAW SUIT WILL BE IN CLINTON, VAN BUREN COUNTY, ARKANSAS.
d. Court costs and Attorney's Fees: If the Court finds that either party has breached the terms of this agreement, the Court shall award the non-breaching party its reasonable attorney's fees and court costs.
EXECUTED ON THE DATE SET FORTH BELOW.
e. By signing this legal binding Contract you are assuming Ownership for the life of said Puppy. You are in Agreement that said Puppy will never be placed in any type Rescue Facility.
Happy Bend Kennel
All lines must be filled out
This Contract must be Notarized
County of ______________________
Subscribed and acknowledged before me the undersigned authority by purchaser on the ________day of ______________________
My Commission expires:_____________________