Schnauzers of Taylor Contract
Buyer and Seller agree to the following conditions of sale:
THERE ARE ABSOLUTELY NO GUARANTEES OTHER THAN THOSE LISTED BELOW:
Purpose of agreement. Buyer desires to buy the dog from Breeder and Breeder desires to sell the dog to Buyer. The purpose of the Agreement is to convey a agreement, including rights of possession, care, heath guarantee, in the dog between Buyer and Breeder.
Term of agreement. This Agreement shall begin on the date executed on pick up date and expire a) on mutual written agreement of the parties, or b) on the death of the dog or of any party.
1) 48-hour guarantee:
This puppy is in good health to the best of my knowledge by my own observation and using a seasoned veterinarian Dr. Arlon Graef. Buyer has 48 hours to have their new puppy examined by a licensed veterinarian, excluding Saturday & Sunday. Holidays will add 1 day. Failure to have the puppy checked within these 48 hours voids all guarantees. Should a licensed vet diagnose the puppy with a life-threatening genetic defect, having been there from birth, the breeder will refund the purchase cost of puppy. Excluding vet and travel expense. The buyer must contact the breeder immediately upon discovery of a genetic defect. The return of the puppy will be at the buyer's expense. Breeder does not guarantee against common puppy issues such as but not limited to coccidia, which can be caused by stress, round or hook worms, giardia, ear mites/infection or kennel cough. These are common puppy ailments and can easily be treated. Your puppy has been treated on a schedule from the age of 2 weeks for these conditions and it is now the Buyers responsibility to continue on any needed treatments and have the puppy checked for parasites on a regular basis. After 48 hours buyer assumes full responsibility for the puppy's health and development.
2) Lifetime Warranty: "Lifetime as referred to herein is the period of ten (10) years from the Puppy's date of
birth. I can guarantee that Schnauzers OF Taylor will always be here for the life of your puppy. If anything ever happens we want to know. Our parents have been health tested and have long lines of good health to try and prevent any genetic illnesses. But just as with humans we cannot control everything.
Puppy's first five (5) years of life, In the event of the death of the puppy due to a genetic health issue from HEART, KIDNEY, LIVER, during the Puppy's first five (5) years of life. BUYER will pay for a necropsy to ascertain reason for death. Buyer will also have a 2nd opinion for any life-threatening diagnoses and breeder must be contacted. If the reason is congenital (congenital defects are abnormalities which are untreatable and mean death) and the dog dies, the BREEDER will refund the purchase cost of puppy. Any vet bills, medical treatments or travel expenses are not refundable.
After Puppy turns five (5) years of age and up to 10 years of age, In the event of the death of the Puppy due to a genetic health issue from HEART, KIDNEY, LIVER, the Seller will issue a credit in the amount of 35 % of the original adoption fee ("Adoption Credit"); the Adoption Credit is usable towards the costs associated with the adoption of a replacement puppy from Schnauzers Of Taylor.
3) Public Exposure:
Although you may be tempted to rush your pup to the pet store, parks, etc. to show off your new pup, until they have received all vaccines and rabies, you expose your new baby to unnecessary risks, including having a stranger pet your new pup. Avoid the temptation and show pictures. This includes walks in public places.
4) Death of puppy within guarantee:
If for any reason the puppy dies within the period of the health guarantee due to a supposed congenital defect, an autopsy examination by an accredited institution set up to do such exams, such as a university such as Texas A&M, must accompany the request for a puppy replacement within the first year. Autopsies done by a local veterinarian is not accepted. The owner of the pup will pay the expenses. Ear cropping, and any vet expenses incurred by the buyer will not be included.
5) Abuse & Neglect:
This guarantee is null and void upon any evidence of abuse or neglect. This includes failure to complete vaccinations, worming and puppy checks with a qualified veterinarian. Proof of said maintenance must be furnished upon request of breeder. You have purchased this a pet and family member and it is expected that Buyer will treat with love and kindness. No exceptions.
6) Healthy Paws and Trupanion :
You will receive a certificate for 1 month of FREE Trupanion pet insurance and this REQUIRED, failure to sign up your puppy for the FREE insurance will void any and all guarantees. You will be given a discount code for Healthy Paws which i highly recommend long term. I recommend registering for both and after your free month is up with Trupanion then drop and stay with Healthy paws. Healthy paws has a 30-day waiting period which is why I recommend the 1 month free no wait with Trupanion. Most accidents happen in the first 30 days home and highly recommend that you please take out this insurance.
Your puppies next vaccine is not due until 10 weeks, giving vaccine early will void this guarantee. Vaccine schedule must be completed. Breeder is not responsible for reactions by any vaccines including rabies and it is not included as part of your health guarantee. Internal flea/ de-worming combo preventatives (tablet or capsule) should not be used and will void your guarantee. We recommend basic Heart Guard and a topical flea prevention like Activyl. We highly recommend after vaccine schedule is completed that yearly titers are completed before giving vaccines to see what is actually needed instead of just giving all vaccines.
8) Restriction on breeding.
Your puppy is sold as a pet home only. No breeding shall take place or a fine of $2,500 per puppy shall be paid to breeder for breach of contract.
9) Changing Possession:
We will take any of our dogs back, at any age, in any condition, no questions asked.
Breeder must approve any new home. Buyer agrees to not voluntarily transfer ownership or custody of the dog to any other entity without Breeder’s written permission, including but not limited to any medical or experimental entity, shelter, pound, humane society, rescue organization or foster care agency. Breeder also will not be involved in custody cases between partners. This contract is void if puppy is resold. Buyer shall be responsible for all costs and attorney fees incurred in Breeder recovering possession and a $10,000 fine.
Breeder’s right of return. Buyer agrees to return the dog to Breeder or allow Breeder to reclaim and remove the dog upon 1) any material breach of this Agreement, or 2) in circumstances where Buyer cannot care for the dog or intends to rehome the dog. Under such conditions, Buyer shall immediately surrender physical custody of the dog upon demand, provide Breeder with all papers sufficient to legally transfer the dog back into Breeder’s name, and make no claims against Breeder for costs of care previously provided or for refund of the purchase price. Buyer shall be responsible for all costs and attorney fees incurred in Breeder recovering possession and a $10,000 fine.
10) Breeder cannot guarantee size, adult coat color, eye colors or ears.
A. Care and safety.
Buyer agrees to 1) provide shelter and exercise for the dog; 2) obey all animal control laws of the county where dog is kept; 3) protect the dog from abuse, neglect, exposure to danger, mistreatment, and loss; 4) provide the dog with sanitary housing and access to an outdoor area; 5) maintain a diet for the dog suited to age and condition; 6) regularly groom the dog; 7) provide updated information as to if dog dies, is lost or stolen; and shall not expose the dog to unnecessary risks, including allowing people or animals who may be carrying disease or bacteria to touch the dog, until it has received all vaccines. AVOID grain free foods.
B. Veterinary care.
Buyer agrees to follow all recommendations or directions of a licensed veterinarian as to maintaining the dog’s health; to have the dog fully vaccinated according to local veterinary practice and to keep vaccinations current at all times; to provide any preventive and/or emergency veterinary care needed; to assume all responsibility for the health of the dog from the date of this Agreement; and to have a licensed veterinarian perform routine stool sample checks at each vet visit in order to ensure adequate parasite treatment is being conducted.
CONSTRUCTION AND ENFORCEMENT
A. Hold harmless; no warranty. Buyer agrees to hold harmless and indemnify Breeder for any wrongdoing or harms, or claims for wrongdoing or harms, which may be brought arising from actions taken by the dog, or from actions by either party subsequent to execution of this Agreement related to the dog. Breeder makes no warranties as to the dog and none may be relied upon by Buyer relating to safety of the dog; the dog’s future physical condition; the dog’s harboring of disease or infection; the dog’s propensity to bite, menace, or attack; the dog’s temperament or disposition; the dog’s previous behavioral history; the dog’s fertility; the dog’s breed genetic composition or potential; or the dog’s compatibility with humans or other dogs.
B. Dispute resolution; applicable law; attorney fees. The parties shall make efforts to resolve disputes by mediation, costs for which shall be borne by Buyer. If reasonable efforts to mediate fail, Breeder may seek compensatory and/or injunctive relief, including for court orders enjoining abuse or neglect or ordering return of the dog. This Agreement, its application and interpretation, shall be governed exclusively by the laws of the State of Texas. Any and all civil actions shall be brought in Williamson County, Texas, and all parties hereby consent to personal jurisdiction in that venue. In the event of any court action, Breeder shall be entitled to all costs and reasonable attorney's fees related to enforcing the Agreement.
C. Entire agreement; severability. The pages of the-document represent the complete Agreement and supersede any and all previous agreements, oral or written. The parties have reviewed the handwritten or typed entries in the spaces provided for and accept them as written or typed. If any provision of this Agreement is determined to be invalid, illegal, or enforceable to any extent, the remainder shall not be affected and shall be enforceable to the fullest extent permitted by law.
The undersigned state that they have carefully read this agreement in its entirety, that no promise, inducement, or agreement not herein expressed has been made to them, and that they voluntarily and knowingly accept its terms and provisions. THIS DOCUMENT OPERATES AS A RELEASE; READ CAREFULLY BEFORE SIGNING.