Emily LaMarca - LaMarca's Kennels
Email: lamarcagsd@gmail.com
The Buyer and the Breeder agree as follows:
1. Registration Name. The Buyer must use the Breeder's suffix "von LaMarca" on the dogs registered name. No other kennel name may be added. This is because the dog was bred by LaMarca's Kennels and should display such to credit the Breeder for producing the dog.
2. Deposit. The buyer has placed a deposit of $_{depositAmount}_ which is applied the total purchase price of the puppy. Deposits are nonrefundable under any circumstances.
3. Purchase Price. The full purchase price of $_{purchasePrice}_ is agreed with the balance due in full at least 72 hours before the puppy/dog leaves with the transporter or upon Buyer's pickup of the puppy/dog. The Buyer will be invoiced and will make payments through the secure site options of PayPal, Venmo, GoodDog, or Zelle, or the Buyer may pay in cash if the dog is picked up in person.
4. Transportation. Any shipping and handling expenses are the responsibility of the Buyer and shall be paid by the Buyer. This includes but is not limited to: fees from transport company, airfare, airline approved crate and supplies, Interstate Health Certificate, travel expenses from Breeder, any fees required by airline, etc.
5. Limited/Full AKC Registration. The puppy/dog is a purebred German Shepherd registerable/ registered with AKC and is being sold with LIMITED AKC registration which does not allow breeding rights on the puppy/dog. To lift the limited registration and obtain FULL Breeding/Show rights the Buyer must complete the minimum health testing and requirements: Hip Dysplasia screening by OFA, SV, PennHIP, or an FCI accepted rating; Elbow Dyplasia screening by OFA, SV, or an FCI accepted rating; Degenerative Myelopathy testing. The dog must have passing scores in all completed health testing in order for the registration to be changed to FULL. Exception: The Breeder has the right to deny Full Registration despite completion of requirements if the Breeder has evidence that the Buyer is neglecting or unethically breeding the dog or any other reason that breeding the dog would be considered unethical.
6. Breeder's Obligations. The Breeder represents and warrants the following,
A. Ownership. The Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer. Ownership of the puppy/dog will be transferred to the Buyer upon payment of the full purchase price.
B. State of Health: Short term health warranty. The puppy/dog was previously examined by a licensed veterinarian and was found to be in good health at that time and has had the vaccinations and parasite control listed on the health records provided to the Buyer. If within 72 hours of transfer of ownership, the Buyer's veterinarian finds the puppy/dog to have a serious or chronic health issue or in poor general condition making it unfit for sale, the veterinarian must provide a written statement which must be sent to the Breeder within 48 hours of the veterinary examination. The Breeder reserves the right to a second opinion by a veterinarian of the Breeder's choice. If justifiable by both vets, the puppy/dog may (a) be returned to the Breeder for a full refund of the Purchase Price minus the deposit or (b) return the puppy/dog and receive a replacement puppy of equal quality, price, and sex as soon as possible, or (c) the breeder will reimburse for medical treatment not including office visit fees provided that the treatment does not exceed the purchase price of the puppy/dog. The foregoing guarantee expressly excludes
(x) any health issues caused by the Buyers ill-treatment, abuse or neglect, (y) any health issues that result from the puppy/dog's transportation from the Breeder to the Buyer and (z) all minor illnesses and health issues that are treatable, including minor respiratory infections, allergic reactions, stress colitis/diarrhea, internal or external parasites, UTI's, vaginitis or umbilical hernias. The Breeder is NOT responsible for any vet bills or expenses. If the puppy dies within the Examination Period, the Buyer will provide the Breeder with a veterinarian's diagnosis and cause of death at which time the purchase price will be refunded in full for the price of the puppy, or the puppy/dog will be replaced by a puppy of equal quality, price, and sex within a reasonable time period if the cause of death is at fault of the Breeder.
C. Long Term Health Warranty. The Breeder provides a 26-month warranty from the puppy/dog's date of birth against hip dysplasia, elbow dysplasia, lumbosacral transitional vertebrae or other serious debilitating congenital conditions that can cause death or seriously impairs vital functions in the puppy making it unsuitable for a family pet. Breeder will not be responsible for any inaccuracies of any testing done for any condition of the puppy or parents including testing for any debilitating congenital conditions known to the breed to include Degenerative Myelopathy. In the event that the puppy/dog exhibits symptoms of a suspected debilitating congenital condition, the Buyer must immediately inform the Breeder and supply all veterinary records to the Breeder. The Breeder reserves the right to a second opinion by a veterinarian of the Breeder's choice and may request and pay for additional testing.
The following results meet criteria for a replacement puppy:
HIPS: OFA Borderline or worse, SV Mittel (A4) or worse
ELBOWS: OFA Grade 1 or worse, SV Mittel or worse
SPINE: OFA LTV Positive (grade 2 or worse), SV LUW/LTV grade 2 or worse
In the event the dog is diagnosed with genetic Hip or Elbow dysplasia the breeder will offer a credit of the Purchase Price amount towards a replacement puppy/dog from the Breeder. The Breeder will not offer a cash refund of Purchase Price for the dog in the Long Term Health warranty. This guarantee only covers genetic hip or elbow dysplasia and does not cover dysplasia or joint disease caused by injury, mistreatment, weight, nutrition, environment etc. Buyer must have provided the dog with an appropriate certified nutritionally complete food that will not promote excessive growth or obesity. The buyer is aware that if they allow the dog to engage in activities that would stress the joints before 12 months of age the hip, elbow, and spine guarantee becomes null and void. Activities include but are not limited to: exercise on hard unyielding surfaces, continuous running, repetitive jumping, jumping higher than their elbow, or any activities that may cause injury or stress on the joints.
D. Returns/Refunds. At any time that a Refund is warranted from the Breeder, the Buyer must allow the breeder up to 30 days to initiate the Refund. Once the refund has been initiated the Breeder is not responsible for delays in processing times from the electronic payment method.
E. No Other Warranties. The Breeder cannot and does not guarantee the physical appearance or emotional disposition of the puppy/dog as it matures. The Breeder does not cover or guarantee any compensation for bite alignment, teeth, umbilical hernias, or undescended testicles. The Breeder cannot guarantee size, color, eye color, bite grip, drive, breeding ability or temperament. No other warranties or guarantees, expressed or implied, are made by the Breeder, and the puppy/dog is sold and delivered in an "as is" condition, except as expressly and specifically set forth herein.
7. Buyer's Obligations. The Buyer agrees to the following.
- Proper Care. The Buyer will provide good and proper care of the puppy/dog. Such care includes adequate housing and protection from the elements, a safe (preferably fenced) exercise area or daily walks and exercise, and proper and sufficient nutrition and water. The Buyer will provide proper veterinary care throughout the puppy/dog's lifetime, including but not limited to, routine vaccinations and parasite control.
- Veterinary Care. The Buyer will also provide veterinary care: (i) routine vaccinations, (ii) treatment for internal and external parasites (ii) annual examination by a licensed veterinarian.
- Care to prevent Orthopedic Conditions. Orthopedic problems are caused by multiple factors including both genetic and environmental. To reduce the incidence of orthopedic problems, the Buyer will also provide the following care.
i. Proper nutrition to support ideal growth and maintain optimum body condition making sure that the puppy/dog is not overweight or underweight.
ii. Proper daily exercise to maintain that the puppy/dog is in good condition. Exercise should be age-appropriate to avoid stress injuries until growth plates have closed. Buyers can request age-appropriate exercise guidelines from the Breeder. Absolutely no high impact exercise before the dog's joints are fully developed at 2 years of age.
iii. Avoidance of stress injuries such as not allowing the puppy/dog to jump from heights taller than its elbow. Care should be taken to ensure that they are not allowed to jump from furniture, porches, truck beds, etc until the dog's joints are fully developed at 2 years of age.
D. Breach by Buyer. The Buyer's breach of any of the foregoing obligations shall result in the Breeder's health warranties set forth in this Agreement being null and void.
E. Breeding. The dog is being sold on Limited Registration until all requirements have been met. If the Buyer breeds the dog before completing breed specific health testing recommended by the Orthopedic Foundation of Animals (OFA) or if the Buyer breeds the dog before it reaches 2 years of age the long term health warranty and all health guarantees of this contract will be null and void.
The Buyer agrees to the following rules of breeding this dog:
- The dog is not to be bred before completing health testing which at minimum consists of hip and elbow screening by x-ray through OFA, SV, FCI, or Pennhip.
- The dog is not to be bred before 2 years of age.
- The dog is not to be bred with any other breed or mixed bred dog, only with another purebred German Shepherd.
8. SPAY/NEUTER. The dog may remain intact for the duration of its life. However, Buyer acknowledges Seller's requirement to keep the dog intact for at least 24 months (per evidence-based study done at the School of Veterinary Medicine, University of California: Davis), unless otherwise agreed upon by both parties. Buyer understands that early spay/neuter has been associated with increased risk of joint disorders, 2x the risk of hip dysplasia, urinary incontinence in females, lymphoma, and other health conditions. As a result, if spay/neuter occurs prior to 24 months, seller reserves the right to null and void the health guarantee.
9. FIRST REFUSAL/RESALE. The Buyer agrees to notify the Breeder of intent to resell the dog and the reason for reselling. Breeder reserves the right to FIRST REFUSAL meaning: The Buyer must first offer to sell the dog back to the Breeder, if the Breeder chooses not to regain ownership of the dog then the Buyer may proceed to sell the dog to another competent person. The Buyer may only resell the dog to a competent person who can provide adequate care. The Breeder must me made aware of who the dog was sold it and the new owners must agree to remain in contact with the Breeder. The contract does not transfer to the new owners.
10. REMEDY FOR MISTREATMENT. If the Breeder learns or suspects that the puppy/dog is not getting proper care and treatment, Buyer agrees that the Breeder has the right to have the puppy/dog examined by a licensed veterinarian. If such veterinarian finds the puppy/dog to be a victim of mistreatment, abuse, cruelty or neglect, the Breeder has the right to repossession and ownership of the puppy/dog. Buyer agrees to transfer possession and ownership of the puppy/dog to Breeder and that all registration documents will be transferred into Breeder's name by Buyer. Buyer agrees that the transfer of the puppy/dog and registration documents is at the sole expense of Buyer, and Buyer also agrees to the terms of Paragraph 14 below.
Buyer agrees that all warranties of the puppy/dog shall become null and void if there is a transfer of possession and ownership of the puppy/dog back to Breeder.
11. ONGOING COMMUNICATIONS. Both parties agree to promptly notify the other of any change of address, email, or phone number. The Buyer agrees to maintain contact with the Breeder regarding the puppy/dog for at least one calendar year and to promptly reply as possible to inquiries about the puppy/dog from the Breeder; inform the Breeder of any major illnesses in the puppy/dog throughout the puppy/dog's life, including, but not limited to, cancer, epilepsy, heart, eye or heart conditions, allergies, bleeding disorders or autoimmune disease, and behavior problems particularly fear, anxiety or aggression. The Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify the Breeder of the particulars of the animal's death.
12. AGREEMENT TO MEDIATE. If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree to first try in good faith to settle the dispute by non-binding mediation prior to the filing of any suit.
The parties agree that mediation can be accomplished remotely by Zoom, email, or any other similar means at the election of Breeder. The parties further agree that if mediation fails and any suit is filed, all pre-trial matters and the trial of the case can be accomplished remotely by Zoom, email or any other similar means at the election of Breeder as the Court will allow.
13. GOVERNING LAW. In the event of any dispute, the parties mutually agree that the dispute will be determined in Tangipahoa Parish, Louisiana but if suit is filed, Breeder may elect to bring suit in another county/parish of competent jurisdiction.
MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussion, and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations or rights under this Agreement without prior written consent of the other party. No changes, modification, or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
14. Hold Harmless and Indemnification. Buyer agrees to hold harmless and indemnify Breeder for any claims against Breeder arising from this agreement for any reason and brought by any person including Buyer. Buyer agrees to fully indemnify Breeder from any and all actions taken by Breeder to enforce this agreement or due to any failure by Buyer to adhere to the requirements and terms of the agreement including but not limited to all damages, liquidated damages, attorney fees, costs of court and any other expenses including those for Breeder repossessing the puppy/dog and getting any registration documents executed transferring ownership of the puppy/dog to Breeder.