Basset Cravings and Doodle Desires - Payment Plan Contract Sample

1. Introduction

1.1 Introduction: This Payment Plan Contract ("Contract") is made effective as of [Date] ("Effective Date"), by and between Tamara Nickey (“Seller”), operating under Basset Cravings and Doodle Desires (”BCDD”), and [Buyer’s Full Name] ("Buyer"). The Seller and Buyer are collectively referred to as the "Parties" and individually as a "Party." This contract outlines the terms and conditions regarding a payment plan for the purchase of a puppy.

1.2 Seller Information:

• Name: Tamara Nickey

• Business: Basset Cravings and Doodle Desires (BCDD)

• Address: [Breeder's Address]

• Phone Number: [Breeder's Phone Number]

• Email: [Breeder's Email]

1.3 Buyer Information:

• Name: [Buyer’s Name]

• Address: [Buyer’s Address]

• Phone Number: [Buyer’s Phone Number]

• Email: [Buyer’s Email]

2. Payment Terms

2.1 Balance Definition: The term "Balance" refers to the total value of the Puppy, plus any predetermined shipping or delivery expenses, and any additional fees associated with the purchase of the Puppy, including but not limited to additional vaccinations, deworming, microchipping, and paperwork required for the delivery. The Balance does not consider any payments made prior to the signing of this Contract.

2.2 Deposit: A non-refundable payment equal to half of the Balance. The deposit must be paid prior to taking the Puppy home.

2.3 Payment Plan Fee: A fee of $200 or 10% of the Balance, whichever is greater. The Payment Plan Fee must be paid on the same day this Contract is signed.

2.4 Reservation Deposit Credit: If a reservation deposit was previously paid, it will be credited toward the Balance after the Deposit is calculated.

2.5 Payments Due: a) The Deposit and Payment Plan Fee must be paid and cleared by the bank prior to the pickup or delivery of the puppy. b) If the payments due have not been received by the arranged pickup or delivery date then the puppy will remain on hold at the Seller’s residency and the Buyer will have 2 weeks to submit all necessary payments and make new arrangements. c) If the Buyer fails to submit the payments a second time then they will be considered uninterested in the purchase and the Seller will be obligated to make arrangements with a new buyer.

2.6 Payment Schedule: a) The repayment schedule will last either 4 or 6 weeks, depending on the remaining Balance after the Deposit. b) If the remaining Balance is less than $600, the payment schedule shall be 4 weeks. c) The remaining Balance will be evenly divided into weekly or biweekly payments, as agreed upon by the Parties. d) Both Parties must agree on a consistent day of the week for payment, which will remain fixed throughout the payment schedule. e) All payments are due by 11:59 PM on the designated due date.

2.7 Early Payment: If the Buyer pays off the full Balance at least two weeks before the end of the payment schedule, the Seller shall refund the Payment Plan Fee.

2.8 Late Payments: a) A Late Fee of $30 will be charged if a payment is more than 24 hours late. b) An additional $10 fine will be added for every additional 24 hours that the payment remains unpaid. c) If a payment is 144 hours (6 days) late, the Buyer is considered to have defaulted. Upon default, the Seller has the right to reclaim the Puppy following the terms stated in the Reclaim Clause.

2.9 Additional Payments: The Buyer may make additional payments without penalty. Any extra payments will be evenly deducted from future scheduled payments.

3. Bringing Puppy Home

3.1 Schedule: a) If the Puppy has been reserved then its pickup or delivery arrangements must be arranged within 5 days of it’s go-home date and must occur within 2 weeks of it’s go-home date. b) If the Puppy has already passed its go-home date at time of purchase then the pickup or delivery arrangements must be arranged within 5 days of purchase and occur within 2 weeks of purchase.

3.2 Pickup: Both parties can arrange to transfer the Puppy at or near the Seller’s residency at no cost to the Buyer.

3.3 Delivery: a) Both parties can arrange to transfer the Puppy at a location within 20 miles of the Seller’s residency town of [Town] at no cost to the Buyer. b) If the Buyer wishes to arrange the transfer of the Puppy at a location greater than 20 miles from the seller’s residency town then the Buyer will pay a delivery fee of $0.65 per mile for a round trip between the chosen location and the Seller’s residency town.

3.4 Shipping: a) The Buyer is responsible for making any shipping arrangements for the Puppy. b) The Buyer is responsible for any extra fees associated with preparing the Puppy for shipping, including but not limited to a health screening, additional paperwork, additional vaccinations, and delivery fees.

4. Buyer's Obligations

4.1 Puppy Care and Maintenance: a) The Buyer agrees to provide basic care and necessities for the Puppy, under the guidance of the Seller. This includes but is not limited to providing adequate food, water, veterinary care, vaccinations, and proper shelter. b) The Buyer must maintain the Puppy’s medical care, ensuring that all vaccinations and routine veterinary appointments are up to date. Failure to do so, resulting in health issues for the Puppy, will require the Buyer to cover all associated medical expenses.

4.2 Living Arrangements: a) The Puppy shall live and remain at the Buyer's address until the Balance is paid in full. b) The Buyer must provide proof of the Puppy’s living environment via a video call before the Puppy is delivered. The environment must meet the standards set by the Seller.

4.3 Weekly Video Calls: a) The Buyer agrees to participate in weekly video calls with the Seller to review the Puppy’s health and well-being. b) If a video call needs to be rescheduled, it must be rescheduled within 24 hours of the original appointment. c) If the Buyer fails to contact the Seller within 5 days of a missed appointment, the Seller has the right to reclaim the Puppy following the terms stated in the Reclaim Clause.

4.4 Maintain Standards: a) If the Seller determines that the Puppy’s care does not meet agreed-upon standards, the Buyer will have 48 hours to correct the issues. b) Failure to correct the issues within 48 hours will result in the Seller's right to reclaim the Puppy following the terms stated in the Reclaim Clause. c) If the Puppy shows signs of abuse or serious neglect, the Seller has the right to immediately reclaim the Puppy. The Seller must provide evidence of the neglect or abuse and the reclaim order shall follow the terms stated in the Reclaim Clause.

5. Ownership and Transfer of Ownership

5.1 Retention of Ownership by Seller: a) The Puppy and all related documents, including but not limited to registration papers, shall remain the property of the Seller until the Balance is paid in full. b) Upon the full payment of the Balance, ownership of the Puppy, along with all related paperwork, will be transferred to the Buyer.5.2 Prohibition on Transfer Before Full Payment: a) The Buyer agrees that the Puppy shall not be gifted, sold, or rehomed until the Balance is paid in full. b) Any attempt to transfer the Puppy before full payment of the Balance will be considered a breach of this Contract, resulting in the Seller's right to reclaim the Puppy following the terms stated in the Reclaim Clause.

6. Liability Clause

6.1 Buyer's Responsibility for Health and Safety: a) The Seller shall not be held liable for any illness, injury, or death of the Puppy that occurs due to the care provided by the Buyer. This includes, but is not limited to, illnesses, injuries, and deaths occurring from exposure to public places, play activities, or care provided by a puppy sitter. b) The Buyer agrees to cover any expenses and fees resulting from such illnesses, injuries, or deaths, and to provide proper care as instructed by a licensed veterinarian. c) In the event that the Puppy’s death is the result of such circumstances, the Buyer remains responsible for paying the full Balance as stipulated in this Contract, which may continue under the agreed-upon payment plan.

7. Return of Puppy Clause

7.1 Termination of Payments Upon Return: a) If the Buyer wishes to return the Puppy to the Seller, all future payment obligations under this Contract shall be terminated upon the Seller's receipt of the Puppy. b) The Seller reserves the right to issue any refunds at their discretion. If a refund is issued, it will be according to the terms and rate specified in the original purchase contract between the Parties.

7.2 Return Expenses and Fees: a) The Buyer is responsible for covering all additional fees associated with the return of the Puppy, including but not limited to shipping or pickup expenses, a wellness examination upon return, and any medical expenses required to bring the Puppy’s medical records up to date. b) If the Buyer receives a refund, these fees will be deducted from the refund amount before it is issued.

8. Identification and Verification

8.1 Buyer's Identification: The Buyer must provide a copy of their government-issued ID at the time of signing this Contract.

8.2 Verification of Living Environment: Prior to delivery, the Buyer must participate in a trial video call and provide a video tour of the Puppy’s future living environment to ensure it meets the Seller’s standards.

9. Reclaim Clause

9.1 Notice and Action: a) If the Seller seeks to reclaim the Puppy, as stated within the terms of this contract, the Seller will notify the Buyer of a reclaim order through any available means of communication between both Parties. b) Once a notice has been issued the Buyer will have 48 hours to forfeit the Puppy and deliver it to the Seller. c) Seller shall retain all payments made by the Buyer up to that point.

9.2 Travel and Delivery Expenses: If the Puppy is reclaimed for any reason, the Buyer is responsible for all travel and delivery expenses associated with returning the Puppy to the Seller.

9.3 Failure to Return Puppy: a) The Buyer acknowledges failure to return the Puppy to the Seller within the allotted time will result in the Seller seeking damages up to $10,000 for stolen property. b) Buyer agrees to cover all expenses incurred by the Seller, including but not limited to court fees and attorney’s fees.

10. Dispute Resolution

10.1 Initial Resolution: Any disputes arising from this Contract shall first be attempted to be resolved civilly between the Parties.

10.2 Legal Action: If a dispute cannot be resolved amicably, or if the dispute escalates,  the Buyer agrees to cover all expenses incurred by the Seller, including but not limited to court fees and attorney’s fees.

11. Formalities and Jurisdiction

11.1 Governing Law: This Contract shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to its conflict of law principles.

11.2 Jurisdiction: Any legal action or proceeding arising out of or related to this Contract shall be brought exclusively in the courts of Portage County, Ohio. The Parties consent to the jurisdiction and venue of such courts.

11.3 Entire Agreement: This Contract constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, agreements, or representations, whether oral or written, regarding the subject matter herein.

11.4 Amendments: No modification or amendment of this Contract shall be effective unless in writing and signed by both Parties.

11.5 Severability: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.6 Counterparts: This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

11.7 Assignment: Neither Party may assign their rights or obligations under this Contract without the prior written consent of the other Party.

12. Agreement: By signing below, the Buyer acknowledges that they have read, understood, and agree to the terms of this Payment Plan Contract.