vom Winters Land Kennel - Purchase Agreement & Contract
This is to confirm the purchase of the German Shepherd Dog identified as:
Dog: _________________________________________________ DOB: _________________
1) The seller (“breeder”) assures that he/she is unaware of any manifest, hidden faults or illnesses in the dog. Any known faults are listed here and thereby disclosed with the understanding that the buyer (“purchaser”) accepts the dog “as is” without any rights to a future claim or right of refund for that particular defect as noted here: ________________________________________________.
2) The seller warranties that the treatments for worms and the vaccinations described on the “Dog Health Record” provided to the buyer by the seller for this dog utilized US Veterinary License approved vaccines and wormer that were handled and administered as per manufacturer’s directions. However, the buyer is strictly responsible for obtaining all necessary follow-up vaccinations and to quarantine the dog from exposure to dog borne viruses (e.g., parvovirus, distemper, andenovirus type 2, hepatitis, parainfluenza, leptos, corona, giardia lamblia, bordetella, borreliosis, etc.) until such time that it is assumed that the dog has acquired adequate immunity to such illnesses or infection by receiving proper follow-up vaccinations from the buyer’s professional Veterinarian. Note: see section VI. “Immunization from Disease” in the attached “General Care Guidelines for your German Shepherd Puppy”.
3) The seller does guarantee and warranty the dog for one (1) full year for any hereditary (congenital or genetic) defects not described in part #1 of this Purchase Agreement & Contract (and as described in the attached “Hip Warranty” that the buyer signs and dates at the time the puppy is purchased). Such hereditary defects shall be properly diagnosed and supported by a written veterinary statement. Furthermore, this warranty includes the purchaser’s choice of either the full cash refund of the purchase price of the dog or for a replacement dog of equivalent value (if one is available), for a dog purchased by the buyer from the seller that is diagnosed with hip dysplasia which has been documented and supported by a written veterinary statement (based on a radiographic evaluation of pelvic phenotype as described in parts 1-5 of the “Hip Warranty”). The seller will not make any refund or warranty for a dog that becomes affected/infected by common canine disease agents as described in part #2 of this Purchase Agreement & Contract or that exhibits defects or faults resulting from accidents or injuries because they are not hereditary defects and are excluded from this warranty.
4) The buyer attests that he/she has inspected the dog, including an examination at time of purchase for both temperament and structure (e.g., scissor bite and umbilical hernia for all dogs, and both testicles in males). He/she thus renounces the right to make later any claims made on the basis of structure or temperament of the dog or the later appearance (inherited or acquired) of any latent illness or faults (except as provided in #3 above regarding the “Hip Warranty”).
5) The seller assumes no liability for future actions of the dog. The buyer agrees to indemnify the seller of care, custody, control and possession of the dog.
6) The buyer is responsible for any injury or damages that may be incurred in the shipping and handling of the dog. Furthermore, the buyer assumes responsibility for the dog the moment the dog arrives at place of transit.
7) Buyer is responsible for informing the seller of any change of address until such time that he/she has received the dog’s registration papers (estimated to take approx. 12 –14 months).
8) Buyer agrees that any deposit placed to hold the dog for later final payment and pick-up shall be non-refundable and that it will be forfeited by the buyer after the agreed upon holding time (up to a maximum of 30-days) if the buyer has not paid the balance due in full for the final purchase of the dog; the ownership of the dog shall remain that of the seller’s. Buyer acknowledges and agrees that such a forfeited deposit is a fair and equitable reimbursement to the seller for the kenneling of the dog and the opportunity cost (lost sales cost) for taking the dog off the market for the period of time covered by the purchase deposit.
9) Buyers that pay by personal check warrant that they have sufficient funds in that specific bank account to cover the purchase price for this dog. Furthermore, the buyer stipulates that should the check be returned by the bank as unpaid for any reason whatsoever (e.g., NSF, Closed Account, etc.), the buyer is responsible for (and will pay) all bank fees, collection agent fees, court costs, and attorney fees, in addition to the amount originally specified on the face of the check. All returned checks will be promptly forwarded by the seller to the Yolo County District Attorney’s Office in Woodland CA for investigation and prosecution to the fullest extent of the law so as to accomplish full restitution by the buyer. [Cal. Penal Code §476(a) & Cal. Civil Code §1719]
10) Buyer attests to the fact that they have been provided with a written list of recommendations for the generally accepted care of their German Shepherd Puppy by the seller in the form of a multi-page document entitled “General Care Guidelines for your German Shepherd Puppy” which covers: housing, equipment, cleaning, environment, feeding, immunization from disease, and training.