BIEWER TERRIER AGREEMENT
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.”)
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 and health check of Puppy (the "Health Check"). The Health Check must be completed within 48 hours (Business days) from the date of physical delivery of Pupppy from Seller to Buyer ( the "Delivery Date"). Buyer is financially responsible for Health Check. If Puppy fails the Health Check, Buyer may return Puppy to Seller within three (3) days from the date of the Health Check for a full reund of the Purchase Price. If Puppy dies within three (3) days of the Delivery Date, an autopsy must be given by a licensed veterinarian within the forty-eight (48) hours of death for proof of disease. Buyer is financially responsible for the autopsy. If the autopsy proves that Puppy has died form an illness or condition that existed in the Puppy on or before the delivery, Seller shall refund to Buyer the full Purchase Price or provide a replacement puppy, if or when available, whichever is agreed to at the time by the parties. Seller is not responsible for any enviromentally acquired illness after the puppy leaves the Seller's home. This is a new and emerging breed and there is no guarantee against a serious hereditary disease or other life threatening congenital disease, including but not limited to, a luxating patellae, Legg Perthes, or liver shunt. Seller also makes no guarantee of the size and weight of the Puppy at adulthood.
4) Inoculations. Puppy will have all his/her current puppy shots as of the Delivery Date. Due to the age of Puppy one or more set of shots might be required and shall be the responsibility of the Buyer. The Puppy may also need to recieve his/her rabies vaccine. We do not vaccinate nor recommend a rabies vaccine until the Puppy is at least six (6) months, preferably one (1) year due to their size. Seller is not responsible for any adverse reactions to innoculations. Pupppy should be started on heartworm medication before the age of six (6) months.
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. The above mentioned registration does not apply if puppy is sold as a breeding dog. If Puppy is sold as a breeding dog then Puppy must be registered with BTRA and all breeding progeny of Puppy must be registered with BTRA.
6) Agency or Broker Restriction. Buyer agrees that she is not acting as an agent or broker in the purchase of Puppy. If Buyer is found to be in breach of this provision and/or offers Puppy for sale to a third party, regardless of age of Pupppy, Seller shall have the right to take legal action for damages and recovery of Puppy to the full extent allowed by law and Buyer will be responsible for all associated legal expenses and fees incurred.
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, regardless of the age of Puppy. 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) Attorney's Fees. If this agreement is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through any other judicial proceeding, then Buyer shall pay Seller all costs of collection and enforcement, including reasonable attorneys' fees and court costs in addition to other amounts due.
11) Binding Effect; Successors. This Agreement may not be assigned by either party hereto without the prior consent of the other party, but shll be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns by operation of the law.
12) Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the subject matter contained herein and therein. This Agreement supersedes all prior agreements and understanding between the parties with respect to such subject matter.
13) Descriptive Headings. The descriptive heading used herin are for convenience of reference only and they are not inteded to have any effect whatsoever in deterimining the rights or obligations under this agreement.
14) Construction. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
15) Goverining Law. All questions concerning the construction, validity and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State California without regard to its conflict ot 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 a court of competent jurisditions 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.