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- Camron Davidson
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1 -Breeder Name: Tiffany Marczynski Address: 6339 Barnes Rd Dewittville NY Phone #: address: Webpage Facebook Group Buyer Name Street Address City/State/Zip Phone Number Address Driver ID # Hereinafter referred to as "Buyer". The "Buyer" guarantees they are not a member of any HSUS organization or a representative or paid or unpaid volunteer for such an organization and is not law enforcement trolling for a raid or bust of dog breeders of any kind. Any business done is warranted by you to be a legitimate purchase of a pet for your family and not a set-up or some form of entrapment to facilitate the destruction of any dogs/pets or breeders, whether due to the breed, or not. This warranty includes any private investigation firms or anybody that is out to "get" dog breeders for whatever reason. Disclosure of your affiliation will be positively considered, provided no deception on your part is occurring in this transaction or any communications regarding this or any other transactions with the Breeder. It is agreed between Breeder and Buyer as follows
2 DESCRIPTION OF DOG Color/Marking- Parents- and Mater. This puppy is being sold with CKC registration, Buyer is responsible for completing registration if so desired. This dog is NOT sold with breeding rights and is not intended for breeding purposes. Should the Buyer do so, he/she agrees to pay the Breeder as a penalty a sum of $5,000 per puppy per litter produced without the Breeder s approval. Breeding the puppy/dog constitutes a breach of contract and not only results in monetary penalties but also allows the breeder to resume possession and ownership of said dog at the Breeder's discretion. This covers intentional and accidental breeding. All court and legal fees will be the responsibility of the Buyer and any suit will take place in New York State in the district of the Breeder. Puppy is sold under the agreement that he/she will be spayed/neutered at an appropriate age (No younger than eight months, required by one year and one month of age unless a female puppy has not yet had her first heat cycle.) Spaying and neutering dogs not used for breeding is for their health! Buyer is to send confirmation of procedure to Breeder upon completion. The dog sold pursuant to the terms of agreement is as follows: Breed: Boston Terrier SEX: Female Male This dog is sold as Pet Quality. Pet quality simply refers to the dog being sold as a pet and companion. We do not guarantee show quality, although it is a goal we strive to accomplish. Terms: This dog is not being sold under co-ownership terms. Payment in full must be made prior to you taking ownership of the dog, payment is in cash, money order or certified draft. If puppy is to be transported puppy, must be paid in full before leaving Breeders possession. Check is acceptable for deposits, and for full payment if puppy is to be shipped. Checks must clear the bank before puppy leaves Breeders possession. **Cash is the only acceptable form for final payment when puppy is to be picked up in person.
3 Health Guarantee: The Breeder certifies that, upon receipt, the dog is in good health and has been immunized and dewormed per the accompanying heath record of said puppy. This dog has the following conditions now a) Puppies are JHC (Juvenile Hereditary Cataracts) and DM (Degenerative Myelopathy) clear through parentage. Puppies are guaranteed clear for life of JHC, DM and any life threatening congenital defect, this does not include age or injury related cataracts. Breeder guarantees that Puppy is in good health and has received appropriate medical inoculations and care including parvo vaccinations and de worming. Breeder will provide Buyer with a medical chart detailing treatment Puppy has received under Breeder's care, a health certificate from a licensed veterinarian, and any future care Breeder feels is essential to Puppy's well-being. b) Breeder guarantees that Puppy is free of life threatening diseases (i.e., parvo, etc.) for 72 hours after delivery to Buyer. *Buyer may return Puppy to Breeder for a full refund for any reason within this period, providing Buyer pay all return transportation costs to the Breeder s residence. *Deposit will not be returned unless a medical condition is present) * Breeder strongly recommends that Buyer have Puppy examined by a licensed veterinarian of Buyer's choice within 72 hours of receipt of Puppy. Remember, due to their age, your new puppy will not have had all their required vaccinations yet, and must never be exposed to other pets until your veterinarian has verified that all the pets in your home are completely healthy and free of parasites and infectious diseases. We advise you to have your new puppy vet checked the same day you get them, if possible. Failure to have your new puppy veterinarian checked within 72 hours, or failure to have all other pets in your home veterinarian checked before exposing your new puppy to them will void the 72-hour money back guarantee against infectious diseases. *Breeder does not accept responsibility for contagious disease diagnosed after 72 hours from date of purchase. *Breeder cannot guarantee against Coccidia or Giardia, both of which are commonly found in the environment and may become active issues when a puppy is stressed. Both these conditions are easily treated with antibiotics and not a reason to return a puppy. *The following is not covered in the health guarantee: erect ears, under/overbite, cherry eye, retained testical, elongated soft palate, stenotic nares,luxating patellas (these can be environmental) or deafness. *Anything stress related is also unforeseeable and not covered under the health guarantee. Heat stroke, exhaustion, dehydration and other heat related conditions are not covered in any way.
4 Remember that a Boston Terrier can overheat quickly and easily, and may die because of overheating. He/She MUST be an indoor dog. * Report of first examination by Buyer s veterinarian must be available to breeder upon request. If the veterinarian does not give the dog a clean bill of health, Buyer must notify the Breeder immediately. *Breeder reserves the right to have the dog re-examined by our veterinarian at our cost. Failure to notify the Breeder of any health concerns within 2 business days of examination will void all health guarantees. * Any condition that is minor, correctable, or a breed related minor condition is not covered and no condition which could go away, or is a condition which a puppy will likely grow out of, is covered. **If the puppy is found to have a life threatening congenital defect (meaning it is fatal) at the time of first examination up to one year of age from date of birth, Breeder must be notified. A written copy of the report must be ed to breeder within two business days of the licensed veterinarian diagnosis, as well as a written report from an unassociated veterinarian stating the same problem. Breeder will offer a replacement puppy of comparable quality and of the same sex./color. If both Buyer and Breeder agree, replacement puppy may differ in gender/color. *The puppy in question must be returned in one week to the breeder unless a mutually agreed upon other arrangement is decided by both Breeder and Buyer. Any amendments will be in writing and signed by both Breeder and Buyer. Upon return of puppy Buyer must return all paperwork (health/registration) that came with puppy at time of purchase. If Buyer chooses to keep the puppy, no refund/replacement will be given, unless specifically amended in writing and agreeable to both parties. If replacement puppy is required Buyer understands that it may be 8 months to one year for another litter to become available. * Breeder is not responsible for any medical expenses incurred while Buyer has possession of the puppy. All veterinarian and transport costs are the responsibility of the Buyer. **If Buyer voluntarily forgoes a veterinarian examination within 72 hours, health guarantee is voided, Buyer assumes all responsibility and is accepting puppy in current condition. Social *Breeder strongly recommends that Buyer attend obedience classes with Puppy and provide proper socialization opportunities for Puppy. * Breeder shall not be held responsible for acts of Puppy. * Should Puppy exhibit aggressive behavior which Buyer deems intolerable and irreversible within 12 months after purchase, Buyer will provide Breeder with proof that Puppy has been sufficiently socialized and that obedience classes and other structured training methods have
5 been attempted with no results. Upon receipt of such proof, evaluations of Puppy will be scheduled with three recognized canine breeders or trainers, one to be chosen by Buyer, one to be chosen by Breeder, and one to be chosen jointly. Should Puppy be deemed irreversibly aggressive by two of the chosen breeders/trainers, Buyer will arrange for transportation of Puppy back to Breeder and Breeder will then provide Buyer with a replacement puppy of similar quality as soon as such a puppy is available to Breeder. If Puppy has not received adequate socialization, Breeder will accept Puppy back but there will be no replacement or refund. Proof of evaluation must be written statement from reputable/qualified trainer/breeder. *Should Buyer choose to relinquish ownership of Puppy to Breeder, Buyer will pay the cost for any shipping or miscellaneous charges necessary for return transportation of Puppy to Breeder and replacement puppy from Breeder to Buyer. *Please contact the Breeder with any concerns, often there are many minor health issues that can be remedied easily at home, I will be happy to help you! EXTRA SERVICES: Tail docking, first shots, dew claw removal and de-worming are included in the purchase price. All age appropriate medical care will be attended too. Puppy will also be started on a no corn/soy/wheat diet and an unopened 6lb bag will be provided to the Buyer at time of pickup. Breeder does not currently ship puppies (however can recommend trusted ground transporter) Puppy must be picked up at 8 weeks. **Puppy may be held longer at Breeder's discretion, housing/additional vetting fees will apply if Buyer is unable to take possession of Puppy when age appropriate. ($10 a day for housing, vetting additional). BREEDER S REPRESENTATIONS * As of the date of this agreement, Puppy is in good health and free of communicable diseases. * The Buyer has 72 hours in which to have Puppy examined by a veterinarian and to personally inspect Puppy. Buyer may return Puppy to Breeder for a full refund for any reason within this period, providing Buyer agrees to pay all return transportation costs to the Breeder s residence. *Initial deposit is only refundable if puppy is found to have a qualifying medical condition. BUYER'S REPRESENTATIONS Buyer agrees to maintain Puppy in good health, provide routine preventative health care including, but not limited to the following: annual physical exams by a licensed veterinarian, annual vaccinations, annual parasite prevention/control, heartworm prevention, and rabies vaccinations as mandated by Buyer's state and county of residence.
6 *feed a proper diet consisting of top-quality dog food shall be fed. It is NOT necessary nor advised to supplement unless directed to do so by your veterinarian. Foods NOT to be fed include highly commercialized brands with artificial preservatives or dye. Vitamin E is an acceptable preservative. Your puppy will come with a 6 lb bag of puppy food that he/she has been started on and the breeder uses/recommends * It is highly recommended that the dog is not altered until they have reached sexual maturity. Studies have shown sex hormones directly affect the growth of some bones. Altering before these hormones reach correct levels can cause uneven bone growth and ultimately lead to confirmation issues. These are environmental, circumstantial issues and may not be directly related to the dogs genetics/breeding. Therefore dogs altered before sexual maturity are excluded from any disorder that may also be associated as genetic/hereditary *Dog will not be bred, breeding in any form, intentional or accidental is direct violation of this contract. *house the dog properly {indoors}, Buyer agrees that Puppy is NOT to be LEFT SOLELY IN A BACKYARD OR KENNEL and will be allowed to spend substantial quality time in the home with family members. Puppy is sold with the understanding that it was to go to carefully selected parties and the Buyer AVOWS that Puppy shall become a member of the family. (This is to assure proper development and maintenance of the temperament for which the animal was bred.) *control the dog on a harness or leash when in public and when off the premises of the dog's home. If the dog is found to be allowed to run freely, running at large, creating a public nuisance, or found to be neglected, abused or allowed to live in poor health or poor conditions the Breeder has all rights to repossession of this dog with no refund to the Buyer. *Buyer agrees to give the dog proper physical and emotional care and welfare. *The death, injury or loss of said dog due to theft, carelessness, recklessness, abuse, neglect, heat stroke or accident will not entitle the buyer to any compensation from the Breeder. Contact During the life of Puppy, Buyer and Breeder agree to notify each other of changes in address or phone numbers. If puppy changes ownership Buyer will notify Breeder and contact information will be exchanged. Buyer agrees not to sell this dog to any retail company or establishment. Or to surrender this dog to a shelter without contacting Breeder and allowing reasonable time for Breeder to take possession of the dog. Breeder must approve of any change in ownership BEFORE it takes place. This dog is warranted only to be a companion animal, not for any other purpose or reasons. No warranty is given to the Buyer for any special purpose or function of this dog. This dog is not to be used for any illegal or immoral activities and is not to be used for breeding. Buyer is completely satisfied with and waives all claims regarding the Puppy's conformation, and outward appearance (meaning Puppy meets the breed standard to Buyers satisfaction at this age).
7 CONSIDERATION (check one) a) Puppy, identified in Section 1, is being sold for the sum of $ paid in full on. b) Puppy, identified in Section 1, is being sold for the sum of $.00.$ deposit paid on as a non-refundable deposit, the remainder to be paid in full on/by the time puppy is 8 weeks old. c) Puppy, identified in section 1 is being sold for the sum of with a deposit of paid on and remaining paid on This contract applies to the original puppy and original buyer only and is nontransferable to a second party except as specifically stated in writing as an amendment (if two parties are to jointly own the puppy both will sign sales agreement) MISCELLANEOUS * If it is reported and confirmed that Puppy is being abused or neglected by Purchaser, rights and ownership of Puppy will automatically terminate and revert to Breeder who may immediately assume possession. Buyer agrees Breeder will REPOSSESS PUPPY UPON EVIDENCE OF NEGLECT AND/OR ABUSE and that Buyer will be responsible for Breeder's fees and costs involved in repossession. This contract includes the use of any dog or puppy in any illegal way, in violation of municipal, state, or federal law, or violation of the spay contract. *Should Buyer break any of the covenants of this Agreement, the remainder of the Agreement will be considered null and void, Breeder will have the right to repossess Puppy and that Buyer will be liable for any costs involved in that repossession. ***Buyer agrees that Breeder shall have the right to enforce provisions of this contract in a court of law or through alternative dispute mediation. If legal action by Breeder is necessary to enforce any provision, Buyer will pay for costs and fees incurred by Breeder. Special Provisions: LIQUIDATED DAMAGES
8 Breeder has endeavored to protect her dogs and the breed from improper ownership and treatment. All cost associated with repossession dogs/puppies due to owner's negligence, abuse or failure to uphold the contract stated here, will be the responsibility of the Buyer. *SHIPPING STATEMENT: WE DO NOT SHIP DOGS IN THE US OR OVERSEAS. Transport of your puppy is your responsibility. When the dog is picked up and out of our control we have no responsibility in this matter after that. Please make sure you can make these arrangements before you contract to get a puppy or dog. I can recommend a reliable ground transporter for you. YOUR RESPONSIBILITIES: Everything in this contract is written to maintain the health and wellbeing of your puppy. It is highly recommended that you inform yourself on the breed, including health and temperament aspects. Boston Terriers are a bulldog, they have many of the same health challenges. A healthy diet is essential to your dog's health and general happiness of your family. Everything outlined in this contract is in the best interest of not only your puppy, but your life long relationship with your new family member. As the breeder, I will do my best to inform you of possible health complications, training issues and be happy to share my Boston raising experiences with you! It is your responsibility to take your new puppy to your veterinarian as soon as possible after they arrive in your home for a comprehensive health check-up. This is something that needs to be done with an adult dog as well. Under no circumstances should you ever surrender your dog to an animal shelter! * Should ever you find yourself in a situation where you cannot keep your dog, you must contact the Breeder. In the event that you have a trusted friend/family member who is both willing and able to take your dog, Breeder must be first notified and agree that the placement is in the best interest of the dog. As a Breeder it is of utmost importance that all our dogs are in safe, loving permanent homes receiving proper care. If the puppy is returned to the Breeder, the Seller will be given NO FULL OR PARTIAL Refund. *Buyer agrees to give the Breeder no less than 10 days to retrieve a puppy/dog that can not be kept. Buyer will notify Breeder of intent to return puppy/dog in writing, and Breeder will respond in writing. This may include text message, social media messages, or , these forms of communication will be considered binding in such an event.
9 AGREEMENT OF SALE Any changes to this contract must be in writing and signed by both parties. This contract is legally binding and may be enforced by legal means at the buyer s expense and all disputes must be settled in the state of New York. This dog is sold to you as a pet only and nothing further. By signing below, you take complete and full responsibility for your dog! -By signing below, Buyer (s) declare (s) that has read, understands, and agrees to the above contract. Buyer Signature Date Buyer #2 Signature (If Applicable) Date Breeder Signature Date Witness Signature Date Receipt Total Price Amount Due $ Paid in Full
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