THIS AGREEMENT (hereinafter “Agreement”) is Anna Miranda, aka Anna’sDoxies (hereinafter sometimes referred to as “SELLER”), and the undersigned party BUYERS NAME (in this contract hereinafter sometimes referred to as “BUYER”).
SECTION 1.01 INCEPTION
Both SELLER and BUYER agree to this Agreement immediately upon BUYER signing below under Section 1.06, completing the info provided in
Section 1.05 and making payment in full.
SECTION 1.02 PAYMENT
BUYER Agrees to pay balance of $XXXX (after deposit of $500) to SELLER for a (PET ONLY) puppy from name of DAM & SIRE. Your puppy was born on XOXO,2023
1 . BUYER requests that SELLER selects a puppy for BUYER chosen at SELLER’S discretion (there is NO guarantee of size or color of puppy).
SECTION 1.03 TIMING OF PICKUP
SELLER shall make the puppy ready for pickup around 8 weeks of age, after the date of birth, which for the purposes of this Agreement shall be XXXXX, 2023.
Buyers (hereinafter “INITIAL PUPPY PICK UP DATE”). BUYER shall pickup puppy within 7 days of “INITIAL PICK-UP DATE” BUYER shall be financially responsible for arranging pick-up and delivery of the puppy.
SELLER has no financial responsibility for making any arrangements for pick-up or delivery of the puppy.
SECTION 1.04 INCORPORATION OF ADDITIONAL TERMS
This Agreement shall include, incorporate and be subject to the Additional Terms located in Schedule C.
SECTION 1.05 BUYER CONTACT INFO
BUYER agrees and will accept communications at the following address and number provided with this contract.
NAME OF BUYER
ADDRESS
PHONE NUMBER
EMAIL ADDRESS
SECTION 1.06 AGREEMENT
By signing below, BUYER hereby accepts and agrees to enter into the Agreement with SELLER in accordance with the terms provided above and the included Schedules.
PUPPY PURCHASE AGREEMENT SCHEDULE C (ADDITIONAL TERMS)
SECTION 1.07 TIMEFRAME FOR SELLER’S PERFORMANCE
SELLER shall make the puppy available for pick-up on the INITIAL PICK-UP DATE. If for some reason BUYER cannot pick-up the puppy on said date, BUYER shall notify SELLER explaining the situation and SELLER shall make the puppy available as soon as is possible (hereinafter “AMENDED PICK-UP DATE”).
SECTION 1.08 TIMEFRAME FOR BUYER’S PERFORMANCE
BUYER shall have puppy picked up within 7 days of INITIAL PICK-UP DATE or if that date has been moved for some reason, within 7 days of the AMENDED PICK-UP DATE. Failure of BUYER to pick-up puppy within said time frame is a material breach of contract.
SECTION 1.09 SELLER NOT RESPONSIBLE FOR ACTIONS OF THIRD PARTIES
SELLER is not responsible for, and BUYER assumes responsibility for, any and all issues BUYER has with third parties; including but not limited to transport and health care (ie, certified flight nanny or any other person outside of initial buyer). Any issues BUYER has with the foregoing, must be addressed by BUYER with said third parties directly and BUYER waives any and all claims against SELLER for said issues.
SECTION 1.10 COSTS OF CARE
SELLER is responsible for the puppies 5 way vaccine (Distemper, Adenovirus Type 2, Parainfluenza, & Parvovirus) at 6 weeks of age, two deworming at 5 & 7 weeks of age, and basic food costs while in sellers care. BUYER is responsible for all other costs of puppy.
NEVER give your Dachshund a vaccination with Leptospirosis (7 way)!! Dachshunds are prone to severe allergic reactions form this vaccine, including the possibility of death. The 5 way vaccine (w/out Leptospirosis) is only recommended.
BUYER agrees to pay any and all reasonable health care costs and treatment SELLER deems necessary, in SELLER’S sole, absolute and unfettered discretion, for the safety and wellbeing of puppy. The Seller has had a certified veterinarian check the puppy to insure the health of the puppy, before delivery of said puppy.
SECTION 1.11 DEATH OF PUPPY
If for any reason the puppy dies before the INITIAL PICK-UP DATE while in the SELLERS care, SELLER WILL REFUND the deposit given by BUYER back to BUYER. BUYER shall have no other remedy against SELLER because a puppy dies.
SECTION 1.12 WARRANTY/ CURING CLAUSE/ REMEDIES
SELLER provides no warranty whatsoever, If SELLER has failed to perform as required in this Agreement, BUYER shall give SELLER 5 days to cure the defect before SELLER is in breach. SELLER shall have the right to cure. BUYER shall notify SELLER of SELLER’s obligation to cure in a signed writing delivered to Seller via email at AnnasDoxies@yahoo.com. Under all circumstances, BUYER’S remedies shall be limited to the full refund of the purchase price paid for puppy. In the event of BUYER’S breach, BUYER shall forfeit the purchase price paid, puppy and be liable for any other damages and remedies allowable.
PUPPY PURCHASE AGREEMENT
SECTION 1.13 ADDITIONAL SERVICES REQUIRE EXPRESS SIGNED WRITING
No subsequent agreement for new or additional services is enforceable against SELLER unless SELLER has agreed in a signed writing.
SECTION 1.14 LATE FEES
Any fees not paid upon completion (same day) shall be immediately subject to a 1.5% late fee. On the expiration of last day of each and every subsequent month any outstanding balance is not paid, said outstanding balance shall be subject to a 1.5% late fee for that month.
SECTION 1.15 CREDIT CARD FEES, COLLECTION FEES AND SIMILAR FEES
Any credit card or any other fees of similar import that are incurred by SELLER in the collection of the compensation, late fees, collection fees, attorney’s fees, court costs, or any other fee under this Agreement, shall be the sole responsibility of BUYER. BUYER expressly authorizes SELLER to charge any credit card provided by BUYER, or BUYER’S agents, for any amounts due under this agreement.
SECTION 1.16 INDEMNITY CLAUSE
BUYER hereby agrees to indemnity and defend, and to pay the reasonable attorney fees and costs for SELLER and all SELLER’s assignees, insurers, successors in interest, beneficiaries, and heirs, and all other persons liable or who may be claimed to be liable, from and against any and all claims, fees, demands, damages, actions, causes of action, or suits, of any kind or nature whatsoever, whether known or unknown, whether foreseen or unforeseen, whether liquidated or un-liquidated, whether fixed or contingent, whether direct or indirect, for and against any claim by a third party asserting a claim against SELLER arising out of the performance or nonperformance by BUYER or BUYER’s agents of BUYER’s obligations under this Agreement.
SECTION 1.17 CONFLICT RESOLUTION, CHOICE OF LAW AND VENUE
All the parties expressly agree that the Choice of Law and Venue provisions in this section are fair and reasonable. The parties agree to subject themselves to the personal jurisdiction of the Courts as herein described and promises, covenants and agree not to make any claim, in any action of any nature whatsoever, that such choice of law or venue is improper, unfair, unreasonable or inconvenient. The sole and exclusive forum for the resolution of disputes and claims arising out of or relating to this Agreement, or the alleged breach thereof, shall be the courts in and for the City of Lake Elsinore, California (unless the claimant is required to bring the action in federal court, in which event the sole and exclusive forum shall be the United States District Court for the Central District of California and the parties irrevocably consent to personal jurisdiction and venue in those courts. This Agreement shall be governed by the laws of the Commonwealth of California without regard to any rules or principles of conflict of laws that might otherwise have required the application of the law of another jurisdiction.
THE PREVAILING PARTY WILL BE ENTITLED TO AN AWARD OR JUDGMENT FOR ITS REASONABLE ATTORNEY'S FEES, COURT COSTS AND ALL OTHER EXPENSES, WHETHER OR NOT ASSESSABLE AS COSTS, IN ADDITION TO ANY OTHER RELIEF TO WHICH THE PREVAILING PARTY MAY BE ENTITLED.
PUPPY PURCHASE AGREEMENT SECTION
1.18 AMENDMENT & ASSIGNMENT
This Agreement shall not be amended by either party without the prior express written consent of the other party and BUYER cannot assign any of BUYER’s interests or obligations in this agreement without SELLER’s express written consent.
SECTION 1.19 SEVER ABILITY/ENTIRE AGREEMENT
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain in full force apart from said provision which shall be deemed deleted. This Agreement contains the entire agreement of the
parties hereto and nothing which modifies the terms and conditions hereof will be binding on the parties unless and until such modification has been made in a written document signed by all the parties hereto.
SECTION 1.20 DEMANDS, NOTICE & OTHER COMMUNICATIONS
All demands, notices and other communications required or permitted to be given, unless expressly provided otherwise, shall be made in writing and shall be considered given and received where placed (a) personally delivered to the other party or (b) delivered by courier or deposited in the United States mail to the other party at the address provided in this Agreement.
SECTION 1.21 WAIVER
No right or obligation under this Agreement shall be deemed to be waived except by notice in a written document signed by the party waiving the right or obligation. A waiver by either party pursuant to this section will not prejudice that party’s rights in respect to any subsequent breach of the Agreement by the other party. Subject to this section, any failure by a party to enforce any section of this Agreement, or any forbearance, delay or indulgence, granted by one party to the other, will not be construed as a waiver of that party’s rights pursuant to this Agreement.
Section 1.22 The buyer will not slander the name of Seller in any manor verbal or in social media. If this occurs the buyer will be fined $1,000 per occurrence.
Section 1.23 If for any reason a puppy/dog cannot be kept, they and their papers are returned to seller for no refunds on purchase price. We will simply find the puppy another loving home or it will remain with us. Under no circumstances may the buyer re-home the puppy without the permission of the Seller.
CONGRATULATIONS ON YOUR NEW PUPPY!!
I hope that he/she will bring you many years of love and joy!
Please feel free to ask any questions as they arise.
Now it is YOUR turn to send me pictures and videos of your puppy as they grow. ;) I love seeing them develop.
Thank you for loving and spoiling a piece of my heart.
Anna