[Home]

Section 1. sale and related matters

1.1         sale. Seller agrees to sell the Puppy to Buyer and delivers the same.

1.2         Description of Puppy:

            Breed:___________________________Date whelped:____________________

               Gender__________________________Sire:____________________________

               Dam:__________________________ Color and markings________________

1.3         Sale price and payment. Buyer shall pay seller $_____________("the sale price") for the puppy. The sale price shall be paid to the seller:

(a) by non-refundable deposit of $_____________ paid on _______________ contemporaneous with the execution of this Agreement; and,

(b) by the balance of $_______________ paid on _________________ . All payments shall be made by cash.

1.3a       Payments are to be made every two weeks in the amount of  ____________ and if any payment is made more than 2 days late the Seller reserves the right to pick the dogs back up and buyer loses all monies paid.

1.4        Sale as pet. The parties agree that the puppy is being sold solely as a "pet" not as a "breeding or show" animal with show potential or  as an animal with full or limited AKC registered potential.

Section 2.  CONDITIONS UPON SALE

2.1         Risk of loss. All risk of loss shall pass to Buyer upon execution of this Agreement. other than as specifically warranted below. Buyer waives any rights to dispute the terms of the agreement based on any claim relating to the general health, viability, or any medical condition of the puppy.

2.2        Buyer's duty to follow proper and accepted practices of care and management. Buyer agrees to take all measures to assure the proper and generally accepted methods of care and management of the puppy. Proper care means regularly following the recommendations of a competent veterinarian; following sound nutritional practices in the care of puppy; utilizing appropriate training methods; and providing a safe and clean living environment. If Buyer fails to take such measures . any express warranties listed shall be deemed  void and Buyer may not exercise any remedies allowed by this Agreement.

2.2A       Buyer under stands that small puppies require EXTRA CARE. and attention to remain healthy.  This puppy is not to be handled by small children or excessively by adults, Buyer has been very explicitly made aware of this breeds susceptibility to hypoglycemia  and has been provide with verbal and written info regarding  prevention, recognition and courses of treatment for the condition  therefore , seller will not be responsible  for the puppy becoming hypoglycemic resulting in death.

2.3        No Warranties as to Previous History or Behavioral Conditions; Hold harmless. The parties agrees that no representations or warranties are made by Seller, or may be relied upon by Buyer, relating to the safety or security of the puppy The Puppies  current or future physical conditions; the Puppies harboring of disease or infection; the Puppies propensity to bite, menace,. or attack; the Puppies personal temperament or disposition; the Puppies previous health or behavioral history; fertility: genetic composition or potential; or the Puppies compatibility with humans or other animals. By executing this agreement. Buyer agrees to hold harmless and to indemnify  Seller for any wrongdoing or harms,. or claims for wrongdoing or harms. which may in the future be brought or alleged against either party and which arise from actions taken by the Puppy or from actions by or on behalf either party subsequent to the execution of this agreement and which are related to the Puppy.

2.3A        Buyer accept full responsibility for puppy including all vet fees. feeding and pups actions upon  purchase.. And puppy is considered "Health status sold as is" Seller would never  knowingly sell an ill pup: Seller tries to take all precautions for a healthy puppy with shots, and worming and vitamins given.  Seller does not guarantee puppy against any infectious or contagious airborne disease  to puppy,  once puppy leaves sellers property including worms, parasites, earmites, fleas, kennel cough, coccidia or ghirdia they are all non life threatening as is a umbilical hernia  or non-descending testical..

2.4        Specific Warranty by Seller.

Seller warrants that the Puppy is in good health  as of the date of sale, but only if the Puppy  is examined by a veterinarian, at Buyer's expense. within 72 hours of the sale., We do not guarantee against worms, mites or any external or internal parasite that is in nature, we do pre treatments to help ward off such parasites, but there still may be as treatment must be continued as the puppy grows. This warranty is void if the Puppy  is not examined . If the veterinarian diagnoses illness ( life threatening) in the Puppy  Buyer must notify  Seller  within  24 hours of diagnosis with a written statement of the conditions from the veterinarian making the diagnosis, and thereafter immediately return  the Puppy to Seller, for which buyer will cover the reasonable expense of the return. Buyer will receive a refund of the purchase price (excluding delivery fee) and non-refundable deposit  Any available health record is attached to this agreement.

Section 3.  DISPUTE RESOLUTION AND REMEDIES

3.1          Initial Dispute Resolution to be Private. In the event that a dispute arises between the parties as to the reasonable satisfaction or performance of an obligation under the Agreement , the parties agree to initially submit the dispute to a private mediator , mutually agreed upon who shall privately mediate the dispute, the cost and attorneys fee of which is to be borne  by the parties equally.

3.2         Attorney's Fees. Should either party to this Agreement reasonably retain counsel subsequent to the failure of mediation. for the purposes of enforcing or preventing breach of any provision of the Agreement,  then the prevailing party shall be entitled, in addition to any relief granted, to reasonable attorneys fees.

3.3        Limitations on Damages. In the event it is judicially determined that the Seller breached this Agreement, Buyers sole remedy is an election of either the return  and replacement of the Puppy  or full refund of the sale price less delivery fee. and deposit

SECTION 4. GENERAL PROVISIONS

4.1         Application of State Law. This Agreement . its application and interpretation shall be governed exclusively by Oregon law and any civil action regarding this Agreement shall be brought in Coos County, Oregon.

4.2         Superseded Documents. This Agreement supersedes all previous agreements, oral or written, between parties. The accompanying info sheet is not an agreement.

CERTIFICATE

THE UNDERSIGNED STATE THAT THEY HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND THAT THEY VOLUNTARILY AND KNOWINGLY ACCEPT ITS TERMS AND PROVISIONS

Buyer__________________________________ Date_______________ 

address________________________________

phone__________________________________

Seller: Cheri Guthrie representative Country Creations Date____________

541-404-8710 dogs181@gmail.com