Es D’Baw Danes Puppy Contract (Full)
Es D’Baw Danes
75 Cross Rd.
Stetson, ME 04488
(207)296-XXXX
This contract is between Sara E. Hatch (Es D’Baw Danes), hereinafter referred to as BREEDER and _______________________________________________, hereinafter referred to as BUYER
___________________________________________________________________________________
Address of BUYER:
Phone_________________________ E- mail_____________________________________________
BREEDER agrees to bestow BUYER a puppy born on _________ Litter # ______________________
Sex_______________ Color/Markings__________________________________________________
Sire: ________________________________Dam: ________________________________________
A $400.00 ( four hundred dollars and zero cents) non-refundable deposit is required to hold a puppy. Complete Contract to be returned at time deposit is made.
The purchase price of the puppy is $____________.
The price assumes the puppy is being picked up at the BREEDERS's. Airline shipping charges and crates are additional to the purchase price and must be paid in full prior to shipment. Cost for this is an additional $450.00. (four hundred fifty dollars and no cents) Shipping is not available for all litters. Will the puppy be shipped?_______________
A $50.00 (fifty dollars and no cents) fee is charged for any stop payment, insufficient fund checks, or any closed accounts.
Payment must be made in full before receiving/shipping puppy.
Checks will only be accepted for deposits and the balance if made 14 (fourteen) days or more before pickup or delivery of puppy.
**No refunds will be made of deposits/payments.**
***Please read through the entire contract and place initials at each specified location to verify you have done so.
***Our first priority is to ensure our puppies are going to safe, caring and permanent homes. All areas within this contract are to ensure this is the case. We understand that things happen, therefore we have made considerations for those should the need arise. All are covered within this contract. We encourage the BUYER to contact us anytime there is a concern. We are always in favor of settling issues in a professional and friendly manner and should an issue arise we would hope that they can be handled outside of the courts. However, breach of contract is serious. We will enforce this contract to the full extent of the law should need arise. _________
BUYER Initials
***By returning this contract in its entirety, the BUYER agrees that all areas, including civil suit amounts, are fair and just. _________
BUYER Initials
***This contract is to be interpreted under Maine Law. All legal arguments to be heard in the Maine District Court, Newport, Maine _________
BUYER Initials
1. A licensed veterinarian must check this puppy within 72 hours from the time of pick up. A veterinarian signed copy of this checkup is to be provided to the BREEDER no later than 5 (five)days after pick up. Failure to do so results in the health guarantee being null and void. Further delay could result in the repossession of the puppy (at BUYER's expense) if the BREEDER feels the BUYER intends to not follow through with proper care. _________
BUYER Initials
2. BREEDER guarantees this puppy to be in good health at the time of pickup or delivery with all vaccinations and dewormings up-to-date. If the puppy is being treated for minor health issues (as discussed in section 3) at time of pick up/delivery, BUYER will be notified and any medications prescribed will accompany the puppy. Further treatment is covered by the BUYER. (see Section 3) Dewclaws will also have been removed and a copy of the health record will be provided. BREEDER does NOT provide ear cropping. _________
BUYER Initials
3. BREEDER does not guarantee against hypoglycemia or any other common health issues including but not limited to immunity level, pneumonia, heatstroke, diarrhea, wormy stool, conjunctivitis, giardia, coccidiosis, ear mites, ear infections, fleas, ticks, any parasites, torsion of the stomach (bloat), hip dysplasia, cherry eyes, haw eyes, entropion, allergies, uneven bites, eye or skin related conditions, demodectic mange, demodex mange, inguinal or umbilical hernias, undescended testicles and kennel cough and other common treatable health issues. _________
BUYER Initials
4. In the event that a deposit is placed on a puppy, and the puppy dies before BUYER takes possession, the BUYER may choose another puppy from the litter should one be available. The deposit made will be put towards the cost of the replacement. If a puppy is not available at that time, the deposit will carry to the next available litter. BREEDER may choose to refund the deposit at their discretion. _________
BUYER Initials
5. BREEDER guarantees that both parents have been cleared of heart and thyroid issues by a licensed veterinarian. _________
BUYER Initials
6. In the unlikely event of death or the puppy needing to be humanely destroyed in the first 12 (twelve) months as a result of a genetic/congenital defect, a written veterinarian report, with autopsy if necessary, must be submitted in writing and signed by a licensed veterinarian. BREEDER reserves the right to get a second opinion. BREEDER will (at their discretion) refund the contract price or replace the deceased puppy with a puppy of equal value. If the dog is destroyed and disposed of before an autopsy is performed and/or before the BREEDER has the opportunity to have their own performed , BREEDER accepts no responsibility. Should the Buyer choose to retain the animal, reimbursement for 1/2 of the related veterinary fees, not to exceed 1/2 of the original purchase price of the animal will be paid by the BREEDER. Should a genetic/congenital defect be discovered later in life, than 12 months, the BREEDER will not provide for any refund. BUYER may elect to have a genetic problem fixed, when possible, and the BREEDER will reimburse BUYER for expenses up to a maximum of $200.00 after receiving the original bill from a licensed veterinarian. Additional expenses are BUYER'S sole responsibility. The BREEDER will not be responsible, under any circumstances, for any other veterinary (or other) bill incurred by the BUYER. All transportation charges are to be paid by BUYER, including those incurred if the puppy is returned and/or any transportation charges on a replacement puppy. _________
BUYER Initials
7. Puppies are susceptible to pneumonia and other infections due to drafts, cold temperature, stress from
shipping, etc., and are vulnerable to viral infections including Parvo and Corona Virus. BREEDER does not recommend taking your puppy around other puppies or to places that your puppy could catch Parvo or Corona (such as pet stores, and friends’ houses) until all puppy vaccines are received. Any and all above mentioned minor and/or major health issues, excluding conditions in Section 5 and 6 are not covered by the BREEDER and the puppy needs to be examined by a licensed veterinarian if they occur. The D.V.M.'s advice should be followed. ____________
BUYER Initials
8. BREEDER will not be responsible for accidents after BUYER gains physical possession of puppy/dog,
regardless of the method of shipping and/or pick up. All responsibilities which could cause an accident or injury to the puppy/dog are released at the time you pick up your puppy. _________
BUYER Initials
9. This health guarantee does not cover behavioral problems such as temperament, unruly behavior in the house, mouthing, jumping on people, destructive chewing, fear, etc. These behavioral problems are extremely complex in nature with many factors influencing the overall behavior of the pet. They can be caused by a lack of training, discipline or proper dog socialization which is determined by every puppy/dog's individual personality. _________
BUYER Initials
10. BUYER must continue to provide veterinary care, optimum nutrition and shelter for the duration of the
dog's life. BUYER will adjust feed to keep puppy in a lean body condition. It is recommended the BUYER provide a large breed dog food for the duration of the dogs life. (It is recommended that you keep receipts of you food purchases while the health guarantee is in effect as proof should a future development issue arise) No strenuous exercise until puppy/dog is 18 (eighteen) months old. BUYER agrees that the puppy/dog will be kept inside the home for the duration of its life. _________
BUYER Initials
11. No puppy/dog purchased from Es D'Baw Danes is to ever be abused, abandoned or neglected. BUYER agrees to contact the BREEDER if, in the future, they are unable to keep their puppy/dog for any reason. The puppy/dog MUST BE either returned to the BREEDER or go to a home approved by the BREEDER. The health guarantee in NOT transferable. New owners will be required to sign and have notarized a revised contract that excludes the health guarantee. Es D’Baw Danes MUST pre-approve ANY 2nd placement before the puppy/dog changes hands. The potential new owner must fill out the adoption application, and it must be provided to the BREEDER for review. If said placement is NOT approved then the puppy/ dog must be returned to the BREEDER at BUYER's expense. No Es D’Baw Dane puppy/dog is ever to be brought to a shelter/rescue or re-homed w/o BREEDER's consent! If the BREEDER becomes aware that the puppy/dog has been re-homed or placed in a shelter without all the above requirements being met, the BREEDER will file a breach of contract suit in the amount of $5000.00 (fine thousand dollars and zero cents) plus any court fees, lawyer fees or other costs incurred by the BREEDER. Other costs include but are not limited to travel expenses, food and lodging, hiring an investigator, payments to shelters _________
BUYER Initials
12. The puppy/dog has been sold with full rights but the BUYER has the right to spay/neuter if they desire. For breeding rights the registration will be done in both the BREEDER and BUYER's name. The Pedigree will be sent to the BUYER as a puppy but the Registration will be held by the BREEDER until proof of health testing is provided by the BUYER no sooner than 2 years of age. At such time, the registration will be signed over from the BREEDER to the BUYER. If the puppy/dog does not pass, it needs to be spayed/neutered or the BREEDER retains the registration. No refunds will be made. If puppy/dog is spayed/neutered prior to 14 (fourteen) months old the health guarantee is null and void. If said dog is found to be bred before 24 (twenty four) months of age (refer to section 13), a breech of contract suit in the amount of $3,000.00 (three thousand dollars and zero cents) plus attorney and court cost, will be filed. In addition to the above damages sought, for each puppy produced will be an additional amount sought of $500.000 (five hundred dollars and zero cents). BREEDER will also seek repossession of the puppy/dog and all offspring. NO EXCEPTIONS! _________
BUYER Initials
13. BUYER agrees to provide the BREEDER with updated pictures of puppy/dog every 3 (three) months for the first 2 (two) years of its life and 1 (one) per year for the rest of its life. This allows the BREEDER to monitor the condition of the dog as well as keep updated records of bloodlines. At least 1 (one) full side view of the puppy/dog each time for the first 3 (three) years. Failure to provide these in the allotted time frame will result in the health guarantee being VOID. The BUYER also agrees to allow BREEDER to use the pictures provided on Es D'Baw Danes website and social media sites with acknowledgment given to BUYER. BREEDER reserves the right to contact the BUYER to inquire about the puppy/dog at any time. BUYER also agrees to home checks at any time to prove that the puppy/dog is being taken care of properly and to prove they are still in possession of the puppy/dog. If the BUYER relocates to a new home etc, the BUYER MUST contact BREEDER within 30 (thirty) days with the BUYER's new phone number, address, and email address (if applicable). In turn, the BUYER can contact the BREEDER at any time with questions or concerns. _________
BUYER Initials
*There is no oral representation or warranties not contained herein. This contract of sale contains the entire agreement between the BUYER and the BREEDER. All implied guarantees are hereby excluded.
*This contract is not valid if not signed by both the BUYER and the BREEDER.
*This contract is not valid if initials are not placed on each section by the BUYER verifying they have read and fully understand each item.
*This contract is not valid if not witnessed by a Notary Public
*The ORIGINAL signed Contract to be retained by the BREEDER and a copy supplied to the BUYER.
*Buyer acknowledges that any deposit and monies paid for puppy/ dog are non-refundable.
_________________________________________ __________
BUYER SIGNATURE DATE
_________________________________________
BUYER PRINTED NAME
_________________________________________ __________
BREEDERS SIGNATURE DATE
Sara E. Hatch (Es D’Baw Danes)
​