The following is an agreement by and between Tonia Hatcher, referenced above and hereinafter referred to as "SELLER" and _____________________________, referenced above and hereinafter referred to as "BUYER".
SELLER agrees to sell and BUYER agrees to BUY the following domestic canine animals, and hereinafter referred to as "the Cockapoo Puppy":
Sex & Color: d/o/b:
PRICE AND PAYMENTS
LESS Deposit: due immediately
Balance Due: Due at time of pickup
First deposits can be made with a personal check. Final payments are to be made only by money order, certified bank check, PayPal (3% surcharge fee applies) or cash (pick-up in person only). ALL forms of payment to be made payable to Tonia Hatcher.
ALL deposits are non-refundable and nontransferable for the puppy described above unless the puppy is found to have a medical issue that will keep the Cockapoo Puppy from being a quality lifelong companion. SELLER reserves the right to return a deposit if the home is found to not be in the best interests of the Cockapoo Puppy. If, at the 7 week health check, the Cockapoo Puppy is determined to be unfit for purchase, the Buyer is entitled to either a deposit refund or transfer the deposit to a different cockapoo puppy.
Unless there is a health issue that prevents or unless prearranged, the Puppy is to be picked up by _____________. If a puppy is not picked up by this date, the charge will be $18.00 per day board plus vet fees, shots, wormings and any training charges.
First deposits can be made with a personal check. PayPal invoices can be sent for deposits, 2nd and final payments, shipping charges, etc. however a 3% surcharge will be added to cover any fees charged by PayPal. Final payments are to be made only in cash, money order, certified bank check, PayPal (4% surcharge fee applies) or cash (pick up in person only). ALL forms of payment to be made payable to Tonia Hatcher.
BUYER agrees to have the Cockapoo Puppy examined by a licensed veterinarian within 5 days (120 hrs. to include weekends and holidays) of Buyer taking custody of the Cockapoo Puppy. Veterinarian exam to include overall health exam, fecal, vaccines, wormings, heartworm and flea prevention, discuss spay/neuter at minimum. SELLER will provide the original health record of the animal to BUYER upon delivery. SELLER represents that at the time of delivery the Cockapoo Puppy will be current on vaccinations and will be free of parasites.
BUYER will present the original contract to SELLER in order to obtain refunds on any portion of this guarantee. Shipping/transportation fees are not included in warranty.
If at any time within 5 days (120 hours to include weekends and holidays) following the sale and delivery of a companion dog to the purchaser, a licensed veterinarian certifies the Cockapoo Puppy to be unfit for purchase due to a non-congenital cause or condition, or within 12 months certifies the Cockapoo Puppy to be unfit for purchase due to a genetic or hereditary cause or condition, BUYER has the right to elect one of the following remedies:
1. Return the Cockapoo Puppy and receive a refund of the purchase price; or
2. Retain the Cockapoo Puppy and to receive reimbursement for veterinary fees incurred before the BUYER's receipt of the veterinary certification and the future cost of veterinary fees to be incurred in curing or attempting to cure the Cockapoo Puppy, such reimbursement not to exceed 50% of the purchase price including sales tax; or
3. Return the Cockapoo Puppy to SELLER and receive in exchange a Cockapoo Puppy of BUYER's choice, of equivalent value; or
4. If the Cockapoo Puppy dies within 5 days (120 hours to include weekends and holidays) of delivery to BUYER, BUYER may receive a full refund of the purchase price, including sales tax, for the Cockapoo Puppy. Alternatively, BUYER may obtain a new Cockapoo Puppy of BUYER's choice of equivalent value. In either instance, BUYER will be reimbursed for veterinary fees incurred before the death of the Cockapoo Puppy if the death occurs within 5 days of delivery to BUYER, except where death occurs by accident or injury sustained during that period. The seller's liability for veterinary fees under this option must not exceed 50% of the purchase price, including sales tax, of the Cockapoo Puppy.
SELLER shall accept the veterinary certification of unfitness delivered by BUYER within 48 hours following the initial veterinarian exam (as described above) of the Cockapoo Puppy. Failure to notify Seller or provide Seller with documentation/return puppy in timeframes outlined renders the Health Warranty null/void. The Seller retains the right to have the Puppy's condition validated by another licensed veterinarian of their choice. This warranty is void in the event of an undetermined or inconclusive diagnosis. The certification must contain:
1. Name of the owner with the date/dates of examination;
2. the breed, color, sex and age of the Cockapoo Puppy
3. a statement of the findings and that the veterinarian certifies the Cockapoo Puppy to be unfit for purchase;
4. an itemized statement of veterinary fees incurred as of the date of the certification;
5. all x-rays, documentation and veterinarian findings relating to the health defect
6. where the Cockapoo Puppy is curable, the estimated fee to cure the Cockapoo Puppy;
7. where the Cockapoo Puppy has died, a statement setting forth the probable cause of death; and
8. the name and address of the certifying veterinarian and the date of the certification.
When BUYER presents a veterinary certification of unfitness to SELLER, SELLER must confirm BUYER's election or remedy in writing.
Where the Cockapoo Puppy has died, the veterinarian shall hold the carcass until SELLER is reached to make arrangements for autopsy.
No refunds will be given at any time for travel to/from veterinarians, shipping puppy/dog, x-rays, laboratory fees, any treatments, medications or any veterinarian fees/care unless outlined above.
SELLER guarantees for a period of one (1) year from the puppy's date of birth that the puppy shall be free from *permanently debilitating or life-threatening hereditary and genetic disorders. (*Permanently debilitating is defined here as blindness or inability to walk or a heart or lung defect.) This guarantee does not cover non-life threatening or temporary disorders including, but not limited to umbilical hernia, cherry eye or uneven bite. If within this period BUYER seeks a refund due to a hereditary or genetic condition affecting the Cockapoo Puppy, SELLER must be notified immediately of the Cockapoo Puppy's condition by being provided with a printed and signed copy of the Cockapoo Puppy's complete medical history and prognosis from the licensed veterinarian who examined the Cockapoo Puppy and diagnosed its condition. SELLER retains the right to have the Puppy's condition validated by a veterinarian of SELLER's choosing. Such validation will occur within 60 days of delivery of the Cockapoo Puppy's medical history to SELLER. Upon validation of the Cockapoo Puppy's condition, SELLER shall refund the original purchase price of the Puppy to the Buyer within 60 days. Proof of neuter/spay (performed at the expense of BUYER) must be provided to SELLER before said refund can be honored.
This portion of the guarantee is null/void if puppy is not neutered/spayed on or before the cockapoo puppy's 8 month birthdate as agreed in the Spay/Neuter clause below. Proof from the veterinarian of spay/neuter as well as the original contract will be required should BUYER need to utilize the hereditary/genetic defect guarantee portion of the contract. Original contract must also be presented at time of incident.
PLEASE NOTE: at no time, in any part of this guarantee, do we guarantee against conditions brought on by environmental changes, stress or exposure to adverse conditions that we cannot control once the puppy leaves our care. If the puppy shows no signs or symptoms of a problem we do not and cannot treat them. Therefore, we do not guarantee against Hypoglycemia, Coccidiosis, Giardia, Parasites (Internal or External), Viral, Bacterial or Fungal Infections or Ear Mites.
BUYER will maintain the puppy in good condition according to veterinarian recommendations, including but not limited to adherence to a regular immunization schedule, heartworm preventative, spay/neuter, proper nutrition/weight for age and structure, annual worming, and flea prevention. Dog should be tested for internal parasites every three months until one year of age and twice yearly thereafter.
BUYER agrees to keep the puppy/dog as an indoor family member, never leaving the puppy/dog outside unsupervised in a yard unfenced or tied outside. The Cockapoo Puppy is not to be kept in a small crate or cage except for crate training or house training. BUYER agrees to keep the puppy in a safe, clean environment.
BUYER agrees to neuter/spay the puppy on or before Cockapoo puppy's 8 month birthdate.
If BUYER is no longer be able to care for the Cockapoo Puppy at any time during the dog's lifetime, the Cockapoo Puppy is to be returned to SELLER. It is not implied any monies will be refunded when the Cockapoo Pupppy is surrendered to SELLER. SELLER will take into consideration the following when considering a refund 1) overall health of dog, 2) veterinarian records provided, 3) age of the dog, 4) temperament of the dog.
SELLER makes no guarantees regarding the size or color of the Cockapoo Puppy.
It is understood and agreed to by the parties to this agreement that this agreement and the purchase and sale of the Cockapoo Puppy shall fall under the jurisdiction of the laws of the city of Kosciusko in the state of Mississippi and that any matters with respect to this Agreement shall be dealt with as per the laws governing this location.
This agreement is non-transferable. It is only in effect for the original BUYER whose name appears on this contract.
By signing this agreement, I acknowledge that I have read, understand and agree to abide by the terms listed above.
_________By initialing BUYER grants SELLER permission to use any photos sent via email/USPS on the Attala County Cockapoos website.
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