HAPPY BEND KENNEL
360 Little Lane Clinton, AR. 72031
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:$_______________ This is for the Puppy only, do not include the delivery fee.
2. DEPOSIT: Purchaser agrees to pay a non-refundable deposit of $500.00 by U.S. Postal Money Order. The funds shall be delivered to Seller by Overnight 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 that Surgery can't give a quality of Life , then 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. If deemed by Orthopedics Specialist said Puppy/Dog can not undergo Hip Surgery there will be no refund in money, a Replacement Puppy will be given free to purchaser. 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 caused the puppy to be euthanized and the
date of euthanization and Sellers Veterinarian must concur. No Puppy/dog shall be euthanized just to get a new Puppy for free. If Surgery can give said Puppy/Dog a Quality of Life then that must be done.
4. OBLIGATIONS OF PURCHASER:
a. The first stool at the new Home must be bagged and taken to your Veterinarian on the first business day after collected or on the day of collecting it for a Fecal exam. Purchaser has 72 - 96 hours in which to have the puppy checked by a Veterinarian. Happy Bend Kennel is not responsible for any veterinarian bills or treatments.
b. It is mandatory that all dogs are spayed /neutered between the age of 12 to 16 months of age. Said dog shall not be spayed or neutered sooner than 12 months of age.
A breach of this agreement will result in liquidated damages of $100.00 per day for each day after 16 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.
c. It is mandatory that Happy Bend Kennel receive proof of Spay/Neuter within 14 days of Surgery. Proof must be Mailed with Tracking to insure delivery.
d. After receiving your Puppy it's understood that Clint will call the same day you receive your Puppy and the following morning to check on Puppy, phone must be answered to go over the well being and happiness of Puppy.
e. Purchaser can not take said Puppy out into the World of Dog Diseases like Parvo until 13 weeks of age. Any Place another Dog has walked in the last 12 months is at risk of being exposed to Parvo.
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 $1,850.00 per puppy produced by the above
described dog. Purchaser
shall continue to be liable for any puppies produced by a third party
from the blood line of the dog being sold.
g. 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.
h. Hypoallergenic, you will have 6 hours to see if you or a Family member is having an Allergic Reaction to said Puppy, if a Family member is reacting within this time frame it is your responsibility to call Clint to inform him. Clint and Family member will meet to pick up the Puppy and give a full refund of money. After 6 hours no refund will be given period.
5. Treatment of Puppy:
a.. The puppy/dog 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 monitored while on cable run at all times.
b. The puppy/dog will be fed in an appropriate manner and shall receive proper Nutrition and Veterinarian care from purchaser.
6. If the puppy must be re-homed, Happy Bend Kennel must approve of any new home and be in possession of New Sales Contract prior to Puppy/Dog leaving it's original Home. Happy Bend Kennel must approve of the new ownership.
7. Social Media: When placing your Happy Bend Kennel Puppy on Social Media or elsewhere, you shall not misrepresent the Breed or what it is. A German Indian Dog must be called a German Indian Dog, an Australian Indian Dog must be called an Australian Indian Dog, Not A GID , AID or NAID. ect..
8. All Health Guarantees are Void if The NuVet Plus & NuJoint Plus are not given Daily. This can be Verified with NuVet Labs.
8. 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.
9. 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.
Do you have a fenced in lawn for Puppy Yes No
Does anyone in your Home have Dog Allergies Yes No
Happy Bend Kennel
All lines must be filled out
Name of Purchaser:_________________________________________
2nd. Name and relationship to Purchaser:___________________________________________________________________
Signature of Purchaser:__________________________________________
This Contract must be Notarized
County of _______________________________________
Subscribed and acknowledged before me the undersigned authority by purchaser on the ________day of ______________________
My Commission expires:_____________________