Blue Creek Farms Show / Breeding HOME PUPPY/DOG SALE CONTRACT

Full Registration Only

BUYER:

Name: _________________________________________________________________________________

Address ________________________________________________________________________________

Phone _____________________________     Email _____________________________________________

SELLER:

Name:     Blue Creek Farms LLC

Address:  340 Dewitt Lowery Rd. Jefferson, SC 29718        

Phone:     (704) 776-2221                       E-mail: [email protected]

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 Dog to Buyer.

TERMS AND CONDITIONS

RECITALS 

1. Buyer represents that they desire to acquire a Dog from Blue Creek Farms LLC for companion purposes only.

1. The Buyer and Seller desire to memorialize the terms of Buyer’s purchase and Blue Creek Farms LLC sale of a Dog exclusively through the terms of this Agreement. NOW, THEREFORE, the parties agree as follows:

1. Holding Fee, PAYMENT OF PURCHASE PRICE, FEES

Buyer WILL pay a Holding Fee of $____ + 4% service fee amounting to $_____ dollars with payment of the balance of $______ due prior to release of the Dog to Buyer.

Buyer acknowledges and agrees that Buyer will forfeit the holding fee and any rights to the dog if:

• Buyer fails to complete the purchase of the Dog for any reason, or
• Buyer fails to pay the balance of the Purchase Price within 9 weeks of birth.
• Buyer fails to select a puppy within 6 months of placing a Holding Fee.
• Buyer is unable to pick-up puppy at the (date and time) set by the seller. (Date and time for pick-up is set at birth, you will have plenty of time to make arrangement’s)

In either event, Seller shall be free to sell the dog to another party.

In the event the dog is not available due to sickness, death, or any other circumstance owing to the fault of the Seller, Buyer’s Holding Fee will be transferred to the next litter of puppies or another available puppy in the same litter.  Holding Fee’s for puppies are non-refundable and non-transferrable.

2. TRANSFER OF OWNERSHIP AND REGISTRATION

Full Registration Paperwork will be provided at time of pickup.

3. FITNESS OF PURPOSE

The Dog was bred as a companion animal, and the Seller does not provide any warranty as to the Dog’s fitness for any specific purpose, including obedience trials, show ring performance, and/or breeding purposes. Furthermore, the Seller does not warranty or guarantee the adult size, conformation, coat quality, bite, weight, coat color, and markings. Any “estimate” given is that of past breeding’s and experience. We cannot guarantee the quality of any puppy as to the quality it will be as it matures. Any puppy displaying quality’s we do not feel is that of breeding quality will not be eligible for Full Registration

4. SELLER’S REPRESENTATIONS, ACKNOWLEDGMENTS, AND WARRANTIES

Seller represents and warrants to Buyer that:

• Seller is the legal and true owner of the dog and that Seller has full right and authority to sell the Dog.
• The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
• Seller has taken the steps necessary to ensure that the Dog is current on all vaccinations for age of Dog as of sale date.
• Seller guarantees Dog sold will have a 1 Year health guarantee against Life Threatening Genetic Defects.

1. Defects that will cause puppy to die or be euthanized before their First birthday.
2. A diagnosis before one (1) year of age from a licensed Veterinarian and a Specialist that a Life-Threatening Genetic Defect exists and it will hinder the remaining quality of life.

A Necropsy is required along with full access to all medical records. Guarantee is honored with a complimentary replacement puppy. Price, Pick Order and Sex apply and are used to determine replacement. NO REFUNDS WILL BE OFFERED.

• Breeder does NOT guarantee the behavior of any puppy. It is the responsibility of the Buyer to train and socialize their Dog. Seller does not offer training tips to buyer, Seller is Partnered with a Professional Dog Training Company and will refer you for all your training needs.
• Seller warrants that said Dog has been properly socialized to the best of Seller’s ability.
• Seller guarantees to be available for support, questions, advice, etc. for the life of the Dog.
• The Dog noted in this Agreement is being sold as “Full Registration” with breeding rights to the dog.

5. BUYERS RESPONSIBILITIES AND ACKNOWLEDGMENTS (Initial each line)

• With-in 72 hours of receipt of Dog, Buyer may have a licensed veterinarian examine the Dog, with written documentation if the puppy is found to have a health concern, it must be submitted to the Seller.  Once this time expires, the Buyer will have no recourse to replacement.  If this time frame is not satisfied, Buyer will have no recourse for replacement as well as forfeiting all monies paid toward purchase of Dog.  
• HOLDING FEE’S / PURCHASES ARE NON-REFUNDABLE
• Buyer agrees to be responsible in providing a healthy home environment for Dog, including but not limited to:
  1. Proper, secured space
  2. Plenty of exercise

• Discipline, including proper socialization

1. Proper nourishment and healthcare

• Buyer acknowledges that no Dog’s purchased through Blue Creek Farms LLC shall be used for any illegal purposes.
• If the dog develops a health issue not related to genetics at a date occurring later than the date of sale, the Buyer will not hold Seller responsible.  Puppies are NOT fully protected from parasites, to include all worm’s species and viruses including parvovirus and other illnesses.
• If at any time the Buyer can no longer retain possession of this dog, the Seller is to be notified and given first option of resuming full ownership of dog. Seller has ten (10) days to accept or reject this right of first offer.  Refunds, if any, will be at the discretion of the Breeder/ Seller. The dog will be returned with all Registration Paperwork and medical records.
• The Breeder/Seller reserves the right to approve/prohibit any transfer of this animal to a third party. Under no circumstances will this dog be sold, leased, traded, or given away to any pet shop, research laboratory, animal shelter or similar facility.
• The buyer agrees to pay the seller any and all expenses, including court costs and reasonable attorney fees, in enforcing the terms and provisions of this contract.    
• The buyer gives permission for Seller to use any of their pictures of the purchased dog from all social media, texts, and e-mail messages for advertisement purposes.
• The buyer agrees that in the event the seller allows the puppy to stay past the scheduled pick-up date due to the buyers obligations, there will be a charge of ($15.00) dollars for each day past the scheduled pick-up date.
• The Buyer agrees to register the dog using the kennel name of Bcf’s (Puppy’s Name)

6. INDEMNITY AND RELEASE

If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and to pay all of Seller’s costs and expenses, including reasonable legal fees, any amount paid in settlement and 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 injury to any person.

7. LIMITATION OF ACTION

Any action or claim brought by Seller against Buyer for breach of this Agreement or for loss due to negligence must be brought within six (6) years of the date such claim or loss occurs. Notwithstanding anything to the contrary herein, Buyer’s aggregate liability and obligation to pay under with respect to or arising in any way from this Agreement (whether in contract, tort or otherwise) shall be limited to actual damages, cost and expenses, not to exceed (“$10,000.00”), and Seller waives any claim or right to special, punitive, consequential and incidental damages.

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.

9. Statements

No harmful statements will be made that is damaging to the reputation of Blue Creek Farms LLC. This includes but not limited to social media. Slander and libel will not be tolerated and is considered a breach of this contract. Buyer will be responsible for punitive damanges.

10. ENTIRE AGREEMENT

This Agreement represents the entire agreement between the parties. The Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in this Agreement.

ACCEPTANCE:

The preceding paragraphs contain conditions established by the Seller to ensure the wellbeing of the puppy/dog. The undersigned buyer hereby acknowledges having read the terms of the contract and does hereby agree to abide by each of the provisions set forth above.  All sales are final. If voluntary arrangements are made by the seller to repossess the dog due to the buyer’s inability to retain possession or for breach of contract, all costs accrued are the sole liability of the buyer.

This agreement made this (day) ________ of (month) _________________, (year) 20_________, between the breeder/seller and the buyer(s), is an enforceable and binding contractual agreement.

Date                                                                                                        Printed Legal Name of Buyer

                                                                                                                Signature of Buyer

.

Date                                                                                                        Printed Legal Name of Seller

                                                                                                                Signature of Seller