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BILL
OF SALE / SALE CONTRACT FOR DOG OR PUPPY (the
“AGREEMENT”)
THIS AGREEMENT made the
_____ day of ______________, 20_____ by and between:
Buyer:
Name: Address:
_________________Phone: __________________Email:
_____________________________
and
Seller:
Bar 6 Diamond Ranch/ B6DR PO
Box 372 Cherryvale, KS 67338 (620) 779-9066; info@bar6diamondranch.com
UPON
PAYMENT of the sum of $____________________ paid by Buyer to Seller
(the “Purchase Price”), receipt of which is hereby acknowledged,
Seller grants, sells, conveys and transfers ownership of the
following Puppy or Dog (the “Dog”) to Buyer:
Name or Number of
Dog:______________________________________________
Breed:
____________________________________________________
Color:
_____________________
Date of Birth:
/ /
Sex: _________________
Sire Name:
__________________________________
Dam Name:
_________________________________
Bred by Seller? If no,
name of breeder:
____________________________________________________________
Date acquired:
/
/
State of Health: ______________________________
The
Buyer and Seller (the “Parties”) acknowledge that the attached
Terms and Conditions constitute part of this Bill of Sale/Sale
Contract for Dog or Puppy, and the Buyer and Seller accept and agree
to be comply with and be bound by said attached Terms and Conditions
governing the purchase and sale of the Dog or Puppy.
_____________
___________________________________________________
Date Signature
of Buyer
_____________
___________________________________________________
Date Signature
of Seller
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TERMS
AND CONDITIONS
(WHICH
CONSTITUTE PART OF THE BILL OF SALE/SALE CONTRACT FOR DOG)
THIS
AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION
1.
Deposit, Payment of Purchase Price, Fees
Buyer
has paid a deposit of $250, with payment of the balance of
$____________ due upon release of the Dog to Buyer or by 6 weeks
plus shipping costs if shipping is required. The expected delivery
date is _________________________; such other date as the parties
may mutually agree; if
shipping is required the
buyer understands they are responsible for all shipping costs
relayed by B6DR; up to and including kennel, vets certificates etc. With
shipping, full payment INCLUDING ALL Shipping costs
relayed are due and payable by the time the Dog is 6 weeks or 2
weeks prior to shipping.
Payment
@ Pickup: Final payment is due in cash at pickup and will include a
sales tax for Montgomery County if picked up in Kansas
Payment
shipping: Payment of the balance of the Purchase Price of the Dog
may be made by United States Postal Service
POSTAL money order, VENMO
or wire transfer ($25 bank fee applies)
- or upon exception, PayPal (3.5% surcharge applies).
Buyer
acknowledges and agrees that Buyer will forfeit the deposit and any
rights to the Dog if:
(a)
Buyer fails to complete the purchase of the Dog for any reason, or
(b)
Buyer fails to pay the balance of the Purchase Price within 10 days
of the agreed delivery date.
If
either of the two (2) aforesaid events occur, Seller shall be free
to sell the Puppy/Dog to another party.
In
the event that the Dog is not available due to sickness, death, or
any other circumstance due to the fault of Seller, Buyer’s deposit
will, at Buyer’s option, be either (i) refunded, or (ii)
transferred to the next litter of puppies.
A
boarding fee of $7.00 per day/$50.00 per week will be charged for
each day the Dog is boarded by Seller past the agreed delivery date.
2.
Transfer of Ownership and Registration
Upon
payment in full of the Purchase Price, Seller (at Seller’s sole
cost) shall promptly take all actions required to officially
transfer ownership and registration (if any) of the Dog to Buyer. Transfer of ownership non
breeding status on this dog unless noted and initialed by B6DR
owner, which is non-breeding status and buyer agrees if they
breed the dog and produce a single litter of puppies, they forfeit
all puppies to Bar 6 Diamond Ranch, pay a fine of $5000 and any
attorneys/court fees; upon second occurrence ownership of dog will
revert back to Bar 6 Diamond Ranch…..
3.
Seller’s Representations and Warranties, including Health
Guarantee
Seller
represents and warrants to Buyer that:
(a)
Seller is the true and legal owner of the Dog and that Seller has
full legal rights and authority to sell the Dog.
(b)
The Dog is being sold free and clear of any lien, security interest,
charge or other encumbrance.
(c)
Seller guarantees that the Dog is a purebred dog or “hybrid”
offspring of the purebred sire and purebred dam set out on page 1 of
this Agreement. Notwithstanding,
Seller makes no guarantees or warrantees that the Dog will be of any
certain size or color or coat quality as breeding is not genetically
exact. Buyer agrees to
rely upon its own research regarding qualities and size of the breed
and or hybrid and acknowledges that the Seller makes no guarantees
other than those specifically listed in the Sale Contract.
(d) Dog is in good health, and
free of communicable diseases at the time of this sale and Seller
has conducted a veterinarian health check prior to delivery of
Dog and has followed vaccination and deworming protocols as
outlined by the Seller’s veterinarian. Notwithstanding any
statutory, ordinance or legal provisions to the contrary, Buyer has
two (2) business days (48 hours) from the delivery date to have Dog
examined by a licensed veterinarian, at Buyer’s sole expense.
Buyer agrees to not subject Dog to a SNAP Parvo test and
acknowledges that a SNAP Parvo test is inaccurate and unreliable as
an indicator of Parvo. Buyer agrees that if they select/opt to have
the puppy picked up for them that the timeline for transport might
fall outside the 48 hour window. In this instance Seller cannot
warrant against communicable diseases the puppy might be exposed to
in transit. Liability for this will fall upon the transporting
service as Dog will be fully vetted prior to release.
(e)
If the Dog fails the health examination, Buyer must notify
Seller within five (5) business days of the examination by providing
written evidence from the veterinarian that conducted the
examination clearly describing the condition.
. Under these
circumstances, Buyer’s sole option is to return the Dog to the
Seller, and it will be exchanged for Dog from current litter or with
credit for discounted purchase price paid towards available puppies
from the next available litter.
Seller will not accept any return of Dog for a monetary
refund for any reason—no exceptions.
Buyer is limited to 1 year from date of this contract to
receive replacement. Notwithstanding
the foregoing, Seller in her/his sole discretion may offer the Buyer
another option outside the provisions of this Sale Contract to
resolve any dispute between the Parties related to the health of the
Dog. Failure by Buyer
to have the Dog examined within the 2 business day (48 hour) period
will nullify this health warranty. If Buyer chooses to keep the Dog,
this health guarantee will be null and void, no replacement will be
given and all medical costs and treatment are sole responsibility of
the Buyer. Buyer shall
be responsible for any and all transportation costs associated with
the return of the Dog to Seller.
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(f)
In the unlikely event of the death of the Dog in the first two (2)
business days following delivery, and Buyer seeks an exchange for a
different Dog as provided herein, a necropsy report prepared and
signed by a licensed veterinarian stating that the cause of death was
due to a defect covered by this guarantee is required to be delivered
to Seller within five (3) business days of death.
(g)
Buyer is responsible for all medical costs associated with the
Puppy/Dog upon delivery and acceptance.
This health guarantee does NOT cover: hypoglycemia, cherry eye,
ectropion, allergies, undescended testicles, loose knees or hips,
elongated soft pallet, umbilical hernia, dermatitis, demodetic mange,
kennel cough, parasites or coccidia.
Once Buyer takes possession of the Dog, Buyer is responsible
for the Dog’s environment, exposure to injury and health, including
all costs associated with the same.
Seller has provided Buyer with New Dog/Puppy Care Instructions,
attached as Exhibit A. Seller
will NOT replace a Dog due to heat stroke, abuse/neglect, or improper
socialization. Buyer agrees that she/he has thoroughly researched the
breed of the Dog purchased, and understands the health issues that the
breed being purchased can possess. This health guarantee covers only
the original Buyer and is not transferable.
(h)
Seller guarantees that the Dog shall be free of congenital defects or
any hereditary condition, which adversely affects your Dog’s health
for the period of one (1) year from date of purchase.
If within one (1) year of date of purchase from Seller, the Dog
is found and certified by two (2) duly licensed doctors of veterinary
medicine (DVM) of Buyer’s choosing to have a congenital or
hereditary condition which adversely affects the health of the Dog,
and if Seller is notified within five (5) business days of the
veterinarian’s determination, Seller will provide Buyer with a
replacement puppy of equivalent value. All laboratory verification
must be done by a licensed DVM.
(i)
To ensure that Buyer does not euthanize the Dog, or take it to an
animal shelter, Seller agrees to, if able accept return of the Dog at
any time during the Dog’s lifetime. Seller will not issue a refund
or provide another Dog to Buyer unless Seller at her/his sole option
elects to do so.
(j)
Seller will not honor any diagnosis from an HSVMA (Humane Society
Veterinary Medical Association) veterinarian or any veterinarian
associated with Banfield Veterinarian Services.
4.
Fitness of Purpose
Buyer
understands these Great Pyrenees are raised and bred in the nature
Great Pyrenees were bred for; as a livestock guardian or farm guard
dog with the temperament and disposition to match and is purchasing
the Great Pyrenees for this capacity. Buyer understands they are
purchasing a working dog and understands that the buyer can contact
the seller for advise in raising the dog in the capacity, but success
of the dog falls upon buyer to properly raise and supply the guidance
for the dog to be successful. Seller does not provide any warranty as
to the Dog’s fitness for any specific or particular purpose,
including but not limited to obedience trials, show ring performance,
and/or breeding purposes.
5.
Buyer’s Representations
Buyer
represents to Seller that:
(a)
Buyer has read and understands completely and agrees to the terms and
conditions set forth the attached New Dog/Puppy Care Instructions,
Exhibit A hereto.
(b)
Your Dog comes with up to date vaccinations, and Buyer should not have
the Dog vaccinated within the first ten (10) days of receiving the Dog
in order to avoid over-vaccination.
(c)
Buyer will keep the Dog in an enclosed area of adequate size and will
not allow the Dog to roam at will or unconfined.
(d)
Buyer will provide the Dog with food at regular intervals and in the
amount designated in Exhibit A and necessary veterinary care,
including deworming, heartworm prevention and regular vaccinations
(including rabies) and as may be further outlined in the attached New
Dog/Puppy Care Instructions, Exhibit A hereto.
(e)
Buyer warrants and represents that she/he are not acting as the agent
or representative of, or in any way on behalf of, any other person,
business, organization or entity in the purchase of the Dog.
(f)
Buyer warrants and represents that she/he will not under any
circumstances sell, give, transfer or release the Dog to a pet shop,
retail store, dog dealer, animal testing facility, research facility,
or any agent or representative of any such business, facility,
organization or entity.
(i)
In the event Buyer sells or otherwise transfers ownership of the Dog
to a new owner, Buyer shall ensure that the new owner agrees in
writing to comply with the terms of this Agreement.
(j)
Buyer certifies that she/he is not a paid worker, member or volunteer
for any animal rights groups such as, but not limited to, the Humane
Society of the United States (HSUS), American Society for the
Prevention of Cruelty to Animals (ASPCA), Society for the Prevention
of Cruelty to Animals (SPCA), People for the Ethical Treatment of
Animals (PETA), or any such similar organization (on either a
national, state or local level).
(k)
Temperament issues are not covered by any health guarantee set forth
in this Agreement or otherwise, as they can be caused by a number of
factors outside the control of the Seller, including without
limitation lack of training, discipline, neglect, abuse, or proper
socialization.
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6. Indemnity and
Release
If
any act, omission or failure to act on the part of Buyer shall
result in any claim or suit for any kind of loss, damage, injury,
death, or liability against Seller, Buyer agrees to hold harmless
and fully indemnify, defend Seller against any and all claims.
In addition, Buyer shall take financial responsibility and
pay all of Seller’s costs and expenses, including reasonable legal
fees, for any amount paid in settlement and/or for any award or
judgment with respect thereto. Buyer releases Seller from any and
all liability, costs or damages caused by the Dog after placement
with Seller, including but not limited to damage to or destruction
of property, and/or injury, illness or damage to any person.
7. Binding Arbitration Provision
This
Agreement contains a binding Arbitration Provision:
BINDING
ARBITRATION PROVISION
ANY
DISPUTE OR DISAGREEMENT REGARDING THE TERMS, CONDITIONS,
IMPLEMENTATION OR OPERATION OF THIS AGREEMENT WHICH CANNOT BE
RESOLVED BY BUYER AND SELLER SHALL BE SUBMITTED TO BINDING
ARBITRATION UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION, WHICH ARBITRATION SHALL TAKE PLACE IN THE
CHERRYVALE/INDEPENDENCE KS AREA. THE ARBITRATION DECISION SHALL BE
BINDING ON THE PARTIES, THEIR ATTORNEY, AND THEIR AGENTS,
REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND MAY BE ENFORCED IN ANY
COURT OF COMPETENT JURISDICTION. THE PARTIES AND THEIR ATTORNEYS
EXPRESSLY AND KNOWINGLY ACKNOWLEDGE BUT WAIVE THEIR RIGHTS TO A
TRIAL, WHETHER BY JURY OR NON-JURY, IN CONSIDERATION OF THE
INCREASED SPEED AND LOWER COSTS TYPICALLY ASSOCIATED WITH
ARBITRATION OVER TRIALS, AS WELL AS THE BINDING EFFECT OF THE
ARBITRATION DECISION IN THIS MATTER.
8.
Limitation of Action
Notwithstanding
any federal, state or local statutory, ordinance or legal provision
to the contrary, Buyer and Seller contractually agree that any
action or claim brought by Buyer against Seller for breach of this
Agreement or for loss due to negligence must be brought within one
(1) year of the date such claim or loss occurs.
9.
Governing Law
This
Agreement shall be governed by and construed in accordance with the
laws of the State of
Kansas,
Any litigation or arbitration shall take place in the governing
State listed above.
10.
Entire Agreement
This
Agreement, including New Dog/Puppy Care Instructions, Exhibit A
hereto, represents the entire agreement between the parties. Seller
and Buyer have made no other agreements, promises, representations
or warranties, express or implied.
Any additions, deletions or changes to this Agreement shall
be set forth in writing, dated and signed by Buyer and Seller.
The only warranties given under this Agreement are those
expressly set forth herein. Buyer acknowledges that by signing this Bill of Sale/Sale
Contract, she/he is entering into a legal and binding contract.
_____________
___________________________________________________
Date Signature
of Buyer
_____________
___________________________________________________
Date Signature
of Seller
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