Basset Cravings and Doodle Desires - Purchase 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 for the purchase and ownership of a puppy/dog.

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]

1.4 Puppy/Dog Information:

• Breed:   [Breed]

• Date of Birth:   [DOB]

• Color:   [Color]

• Gender:   [Gender]

• Price Package:   [AKC Limited Package / AKC Full Rights Package]

• Total Purchase Price:   $[Total Price]

• Deposit Amount:   $[Deposit Amount]

• Remaining Balance:   $[Remaining Balance]

2. Buyer’s Responsibilities

2.1 Health Examination: The Buyer agrees to take the puppy/dog to the vet within 3 days of receiving the puppy/dog for a physical examination to determine the health of the puppy/dog.

2.2 General Care: a) The Buyer shall provide the puppy/dog with adequate necessities including, but not limited to, food, water, shelter, exercise, socialization, affection, and medical care. b) The Buyer shall ensure that the puppy/dog receives appropriate veterinary care in the event of sickness, disease, or injury. c) The Buyer shall maintain regular health care for the puppy/dog, including annual health examinations, routine vaccinations, parasite control, and any other medical treatments recommended by a veterinarian. d) The Buyer shall provide humane care in accordance with all current and future state, county, and municipal laws and ordinances where the Buyer resides. e) The puppy/dog shall reside at the Buyer's address. The Buyer shall provide adequate housing and means of exercise. The puppy/dog shall not be kept crated or chained constantly.

3. Breeding

3.1 Breeding Rights: a) Puppies/Dogs sold with the AKC Full Rights Package are granted breeding rights and may engage in breeding activities, provided responsible breeding practices are followed. b) If the puppy/dog is sold without breeding rights, the Buyer may obtain breeding rights by contacting the Seller and paying a $600 fee, after which the Seller will update the puppy’s/dog’s records and registration to Full Rights. c) If the puppy/dog is bred without obtaining breeding rights, the Buyer will be fined $5,500 for breach of contract for each litter produced without rights. The Buyer will also be responsible for any court costs incurred.

3.2 Breeding Terms: a) A female puppy/dog shall not be bred until her second heat cycle. b) A male puppy/dog shall not engage in studding until at least eight months old. c) If breeding occurs, the Seller may claim the second pick of the litter and may purchase one puppy for $350 at any point during the puppy’s/dog’s life.

4. Rehoming

4.1 Rehoming Notification: a) If the Buyer decides to rehome the puppy/dog, they must notify the Seller and assist in the exchange of contact information between the Seller and the new owner. b) Failure to notify the Seller will result in a $550 fine, payable within 30 days of rehoming. After 30 days, the fine will incur a 15% interest rate. c) The Buyer is responsible for any court costs and fees that may accrue from this breach.

4.2 Rehoming to Animal Shelter: If the Buyer is considering submitting the puppy/dog to an animal shelter, humane society, dog pound, or any other dog shelter or rescue, the Seller requests an opportunity to receive the dog instead.

5. Returns and Refunds

5.1 Return of the Dog: a) Should the Buyer be unable or unwilling to fulfill any of the contract provisions, the Buyer agrees to return the puppy/dog to the Seller at the Seller’s request and at the Buyer's expense. b) If the Buyer refuses to return the puppy/dog, the Buyer grants the Seller permission to pick up and remove the puppy/dog from the Buyer’s control. c) The Buyer agrees to bear all expenses incurred, including but not limited to travel expenses, court costs, and fees.

5.2 Refund Policy: a) Refunds are provided at the Seller’s discretion under the following conditions:

• If within 8 weeks of purchase, a refund shall be 50% of the purchase price minus the reservation deposit and any additional care or transportation expenses.

• If between 8 weeks and 2 years after purchase, a refund shall be 25% of the purchase price minus the reservation deposit and any additional care or transportation expenses.

• If between 2 years and 5 years after purchase, a refund shall be 10% of the purchase price minus the reservation deposit and any additional care or transportation expenses.

b) Refunds will not be issued if the puppy/dog is older than 5 years, if its vaccines or routine medical care have not been maintained, or if it shows signs of abuse or neglect. c) Refunds will be issued after the Seller has received the puppy/dog and successfully rehomed it.

6. Legal Provisions

6.1 Indemnity: The Buyer agrees that the Seller is in no way liable or responsible for any damage, accident, or injury resulting from the puppy/dog.

6.2 Disclaimer and Limitations: a) The Seller cannot guarantee the final size or color of the puppy/dog due to unpredictable changes and developments during its growth. b) The Seller cannot guarantee the puppy’s/dog’s temperament, as various environmental factors influence its development.

6.3 Acknowledgment of Dogs Origins: a) The Buyer acknowledges that they have bought and paid for this puppy/dog from the Seller (Tamara Nickey). b) The Buyer acknowledges that they did not rescue or adopt the said puppy/dog.

6.4 Disparagement Clause: a) The Buyer agrees not to make any disparaging, negative, uncomplimentary, or false statements about BCDD, the Seller (Tamara Nickey), or the Seller ’s Family on any publicly accessible platform, including social media. b) This includes actions, comments, statements, responses, posts, videos, or any communication or publicity that could be considered defamatory or slanderous toward the Nickey Family or BCDD. c) The Buyer also agrees not to share or post screenshots of private messages between the Buyer and Seller, including texts, instant messages, private messages, and emails, if they could be considered defamatory or slanderous toward BCDD, the Seller (Tamara Nickey), or the Seller ’s Family. d) Breach of this clause will result in the Seller seeking damages of up to $5,000 for breach of contract, in addition to any further damages, including but not limited to defamation, slander, loss of income or sales, harm to reputation, attorney fees, court costs, return of the puppy/dog, and any fees necessary to regain possession of the puppy/dog. e) All legal actions arising from this contract will be held in the county and state where the Seller (Tamara Nickey) resides.

7. Ongoing Communication

7.1 Contact Updates: The Buyer and Seller shall keep each other informed of any changes in address or contact methods.

7.2 Staying in Touch: a) The Seller requests to stay in contact with all puppy/dog buyers and to receive updates and pictures of the puppy/dog periodically. b) The Seller will request permission before sharing any pictures on social media, including the website and Facebook page.

8. Dispute Resolution

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

8.2 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.

9. Formalities and Jurisdiction

9.1 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.

9.2 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.

9.3 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.

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

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

9.6 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.

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

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