JRS GOLDENS: CONTRACT AND SALES AGREEMENT
This document provides your 2 year congenital and genetic guarantee. You are purchasing an AKC Golden Retriever pup. Thus for the purpose of this contract, The Mallochs will be referred to as the breeders or sellers of said pup.
Name of Buyer: ________________________________________+ ____________________________________________________
Address(s):_ __________________________________________ Town: ____________________________________________________
Home and cell#_______________________________________Email:______________________________________________________
This is for the sale of one Golden Retriever pup, name: ____________________________________________________
Pup’s DOB: _____________F or M color Collar Picked____________________________________________ _______________
Sire:_________________________________________________Registration # :________________________________________________
Dam_____________________ _ __________________________Registration #:________________________________________________
Price____________________minus any deposit paid_______________________total amount due___________________________
NOTE TO BUYER of GOOD FAITH: All canines have the potential for genetic or congenital diseases. Due to the nature of the particular disease, unfortunately, the concerns cannot always be eliminated. It is the job of the breeder, through selective breeding, to try and minimize (not eliminate) these conditions in good faith. Please read, to your full understanding, the following sections of this contract concerning any contagious or hereditary defects.
- SHOW/LIMITED AKC: This puppy is being sold with LIMITED registration only. It is understood to the buyer that this pup will have the proper AKC registration number/papers; however, s/he WILL NOT have breeding rights. Therefore, this puppy will NOT be authorized to register any of its future heirs unless agreed upon in writing and certified by the seller. We (seller) require that all pups not be spayed or neutered before the age of 2 yrs. old D/T delayed growth, bone issues and lowered immune system when altering too soon. Your 2 year guarantee is void if a pup is spayed or neutered prior to 2 year of age. It is understood that the puppy you are purchasing from JRS GOLDENS is intended as a family pet and not for breeding or resale. It is agreed that neither the purchaser nor anyone the purchaser may give, loan, lease or sell the JRS Golden to is strictly prohibited from breeding the dog or providing the dog to anyone that will or may breed the dog. Only with the express written permission of the breeder shall the purchaser or their representative have the right to breed the JRS Golden and only after adequate consideration is agreed upon between the breeder and the purchaser. It is agreed that the unauthorized breeding of a JRS Golden constitutes irreparable harm for which there is no adequate remedy at law. The purchaser agrees, therefore, that the breeder may seek and obtain an injunction restraining the breeding and/or sale of JRS Goldens and its offspring. In the event the purchaser has bred the JRS Golden the injunction shall also provide for the immediate return of the JRS Golden and all puppies from said JRS Golden at the purchaser’s expense. It is agreed that the breeder shall have the right to obtain the injunction/restraining order ex parte without notice and without hearing. The purchaser agrees that jurisdiction shall lie in the state of Massachusetts state court and neither personal jurisdiction nor subject matter jurisdiction shall be challenged by the purchaser. Massachusetts’ substantive law shall apply to the enforcement of this agreement. Liquidated damages: It is agreed that because the unauthorized breeding of JRS Goldens shall constitute irreparable harm to the breeder liquidated damages in the amount of $15,000.00 shall be paid to the breeder along with the breeder’s reasonable attorney’s fees and court costs associated with enforcing this agreement and seeking the injunction for each unauthorized breeding of a JRS Golden. The purchaser agrees that the breeder is relieved from proving actual damages because of the nature of the harm associated with the unauthorized breeding of a JRS Golden. This does not pertain to human error as in one accidental breeding. The breeder is to be notified immediately and the breeder retains the right to decide the outcome of any pups born from this accidental breeding including the spaying of said female.
2.The Buyer must have the puppy examined by a licensed veterinarian within 72 hours after receiving puppy excluding Sunday and holidays. The Seller must be informed immediately of the examination’s result by e-mail or telephone. Failure to comply will render this guarantee void. Pups have been examined by a licensed VET and go home with a medical release, 1st shot, UTD deworming. From 8 weeks of age until there last booster shot or a titer test at 16 weeks pups should be kept quietly in their own environment away from crowds, dogs and dog parks, etc. where they may pick up germs they may not be able to fight off.
- The Buyer is responsible for the daily health care and maintenance of the pet, including all immunizations and examinations recommended after purchase, as well as providing necessary medication and follow-up treatments from veterinarian visits. In order for the guarantee to remain in effect you must keep receipts and records to verify that you have regularly taken your pet to a duly licensed veterinarian for checkups and all required immunizations and lyme-heartworm testing.
- In the unlikely event of the death of the puppy within two (2) years from its birth due to genetics, the Breeder shall refund purchase price or replace the pet with another of equivalent value at no cost to the Buyer within 120 days. All conditions set forth in paragraph 14 shall apply.
- If the Buyer declines the refund or replacement puppy, Breeder shall be under no further obligation.
- In case of moderate to severe elbow or hip dysplasia, Buyer shall have said dog seen by a Board Certified Orthopedist for hip X-ray. The X-ray should be permanently identified with: registered name and/or number, name of the Orthopedist making the film and date X-ray was taken. Furthermore, the radiograph and report must meet OFA standard submission requirements.
- The value of the puppy for the purpose of this guarantee is solely the original purchase price of the puppy, and does not include shipping costs, health certificate, shipping crate or any additional prices declared by the Buyer.
- This guarantee is non-transferable. In the event this guarantee is exercised, the registration papers must be returned to the Seller.
- Puppies are sold as pets; no guarantee is made as to disposition, conformation, size, weight, color, markings or breeding ability.
- The Breeder is solely responsible for supplying the registration papers. The Registration Papers will be sent t no later then 6 months of age. It has come to light that early spaying is a contributing factor to bone problems such as osteoarthritis, DJD, osteoporosis, etc. and geriatric incontinence issues. Your Vet may request that you spay early because of antiquated logic of unwanted pregnancies. This is not a shelter dog but a purebred! If spaying occurs before 2yr. of age this contract becomes null and void.
- Right to first refusal: The buyer agrees not to place this dog in any animal shelter, rescue or animal research testing facility. This dog can not be placed for resale at any time or any place. If the buyer chooses to relinquish this pup, at any time, the Breeder must be notified immediately and given the right of first refusal by buyer.
- Usually the puppy will ship within 7 to 10 days, but occasionally a puppy may need additional time with the Breeder before shipping. The final determination of the shipping date for the puppy is made by the Breeder and the Breeder’s veterinarian, with the health of the puppy being the overriding factor.
- In the event of any litigation in connection with this contract, the Seller will be paid reasonable attorney fees by the purchaser. Venue and jurisdiction for litigation arising out of or related to this contract shall lie exclusively in Massachusetts.
14.The dog must be in good physical condition. In the unlikely event said puppy is found to have a congenital or genetic defect that is life-threatening, a statement from a licensed DVM of Buyer’s choosing confirming such an event and cause is required before any action will be taken by the Seller. Seller reserves the right to a second opinion of Seller’s choosing to determine the congenital defect. All shipping costs are paid by the Buyer. . All laboratory verification must be done by a licensed, DVM. No replacement or refund will be given if breeds that are known to be prone to hip dysplasia are over weight or over exercised. No replacement will be given if the registration application form has expired. Failure of the Buyer to provide puppy with timely inoculations or regular veterinary care will void this guarantee. This guarantee does not cover any veterinarian costs. The buyer is aware that owning a puppy means frequent visits to a Licensed Veterinarian and understands that he/she will be responsible for all payments. This guarantee does not cover any of the following conditions: intestinal parasites (i.e. Coccidiosis, Giardia, Tapeworms, Hookworms, Roundworms) Kennel Cough, Skin and Ear Mites, Cherry Eye, Allergies, and Inguinal, Perineal, or Diaphragmatic Herniation. This guarantee does not cover any veterinarian costs associated with spaying or neutering, including undescended testes. You must feed the dog premium brand dog food containing at least 24% protein. This can be purchased through your local pet store or on line. Not in a grocery store! This dog must not be over exercised during it’s growth period of 2 years. Over exercising is as follows: Track or treadmill running or any form of strenuous exercise. This can be a cause of hip and joint problems in large breed dogs. Although these disorders are hereditary, poor diet, over feeding, or improper exercising of a pup is a known contributor that increases the disability. The guarantee is void if there are signs of neglect, abuse or injury, no follow through with vaccine requirements and vet visits in timely fashion. All the above mentioned conditions must be met or all guarantees will be void. The owner is responsible for all transportation costs to and from the seller. If within two (2) years from the date of purchase from Breeder, a dog is found and certified by two (2) duly licensed Veterinarian doctors to have congenital or hereditary disorders which adversely affect the health of the animal, (heart murmur noted by echocardiogram and Cardiologist to have a lifethreatening Ds). CHD noted by Xray see paragraph 6, etc.) and if Breeder is notified within two (2) business days of the veterinarian’s determination, the breeder will provide a replacement puppy of equivalent value or purchase price with the return of this pup to the breeder. If buyer chooses to keep the pup, up to $2000 of purchase price will be refunded once buyer has incurred this medically related expense. The Breeder and/or seller are not responsible for any veterinarian fees, shipping costs or any other associated costs. Seller sells pet for companion purposes only. Seller does not guarantee against low-blood sugar (Hypoglycemia) or any other non-life threatening illnesses common to puppies. This contract is not valid outside the USA
- This is the total agreement between the seller and the buyer and no other terms or conditions shall be valid to this sale. The buyer has read this agreement and agrees to the terms and conditions herein. I, the purchaser of a puppy, hereby acknowledge that I have received a copy of this document as well as described herein pertaining to my pet’s health inspection signed by veterinarian. Further, I accept the terms and conditions of the guarantee for congenital or hereditary disorders printed in this document, and I waive and relinquish any other rights that I might otherwise have in the event of such occurrence. This agreement represents the total agreement between JRS Goldens and the buyer and no other terms or conditions shall be valid to this sale. The purchaser acknowledges that he or she has read, understands and agrees to the terms of this document
Buyer’s Signature:____________ _____date__________________________________
Seller’s Signature:___________________________ date________________ ________