Black Tie Danes

Contract

Puppy Purchase Agreement

This agreement (“Agreement”), dated as of ______________________ (the “Effective Date”), is between Kaitlynn Knight (“Breeder”) and ____________________ (“Buyer”). The subject of this Agreement is the below-described puppy/dog (“puppy” or “dog”).

The Breeder and Buyer agree as follows:

  1. Deposit. A non-refundable deposit of $500.00 (“Deposit”) shall be due and paid to the Breeder to reserve a puppy in the litter described above. The Buyer acknowledges that the deposit is non-refundable in all circumstances.
  2. Purchase Price. The full purchase price of the puppy is $3,000.00 (“Purchase Price”) and is agreed with the balance due in full upon Buyer’s pickup of the puppy. Any shipping and handling expenses are the responsibility of and shall be paid by the Buyer. All payments due under this Agreement shall be made in US Dollars and paid to the Breeder via Cash, Zelle, Venmo, or an approved third-party payment plan like Klarna or Affirm.
  3. Limited Registration. The puppy/dog is a purebred AKC-registered Great Dane and is being sold with Limited AKC Registration unless there is a separate Addendum signed. Breeder agrees to provide the Buyer with registry paperwork. The puppy/dog will be eligible for exhibiting in Conformation if an addendum is attached to this contract stating so and may compete in other performance events, such as Agility, Obedience, Rally, Dock Diving, etc. If Buyer does not have a signed Addendum, then the puppy will not be able to compete in AKC Conformation events.
  4. AKC Registration. The Breeders are responsible for registering the puppy/dog with the American Kennel Club (AKC). The Buyer agrees to provide the desired registration name to the Breeder by the time the puppy/dog is 3 months of age. If the Buyer does not provide a desired registration name for the puppy/dog, the Breeder will designate a registration name for the puppy/dog. The Breeders will complete the dog's AKC registration via the AKC breeder portal within one week of the puppy/dog’s family providing a registration name. The American Kennel Club will be responsible for mailing out the registration certificate once the online registration has been completed by the Breeders.
  5. Unauthorized Breeding. The puppy/dog is being sold solely as a companion, and breeding of the puppy/dog is expressly prohibited. If at any time the puppy/dog has produced any offspring, the Buyer must return the puppy/dog and the resulting litter to the Breeder immediately and pay the Breeder $5,000.00. All of the Breeder’s warranties set forth in this Agreement will become null and void.
  6. Breeder’s Obligations. Breeder represents and warrants the following:
    1. Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to Buyer. Ownership of the puppy/dog will be transferred to Buyer upon Buyer’s payment of the full Purchase Price and once the dog has turned 8 weeks old.
    2. State of Health. The puppy/dog was previously examined by a licensed veterinarian and was found to be in good health at that time and has had the immunizations enumerated in the health records provided to Buyer.

      Buyer, at its own expense, must have the puppy/dog examined by a licensed veterinarian within 72 hours of receiving the puppy/dog (the “Examination Period”) for the guarantee in this section to be valid. If the Buyer is unable to obtain an examination within the allotted timeframe because of reasons related to COVID-19, the Breeder will extend the Examination Period with written consent to the Buyer. If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the puppy/dog may be returned to the Breeder for a full refund of the Purchase Price. The veterinarian must provide a written statement deeming the puppy/dog “unfit for purchase”, which must be sent to the Breeder within 48 hours of the veterinary examination. The foregoing guarantee expressly excludes any health issues caused by Buyer’s ill-treatment, abuse, or neglect; any health issues that result from the puppy/dog’s transportation from Breeder to Buyer; and all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis or umbilical hernias.
    3. Long-Term Health Warranty. Breeder provides a 2-year warranty from the puppy/dog’s date of birth against any debilitating congenital conditions. For purposes of this section, “debilitating congenital conditions” includes Hip Dysplasia, Elbow Dysplasia, Megaesophagus, Wobbler’s Syndrome, Dilated Cardiomyopathy and Addison’s Disease and expressly does not include skin problems (such as acne, demodectic mange, allergies), parasites (giardia, coccidia, and worms), Entropion, Ectropion, Distichiasis, Cherry Eye, HOD (Hypertrophic Osteodystrophy), PANO (Panosteitis), OCD (Osteochondritis Dissecans), or other growth related issues, Bloat (Gastric Torsion), or any health concerns/issues related to or caused by the dog’s nutritional care. In the event the puppy/dog exhibits symptoms of a suspected debilitating congenital condition, the Buyer must immediately inform the Breeder and supply any requested veterinary records to the Breeder. Breeder will be allowed to take the puppy/dog to a licensed veterinarian of Breeder’s choice for an examination.
    4. Returns/Refunds. If it is determined by a licensed veterinarian that the puppy/dog was “unfit for purchase” or has a genetic disorder that is identified within the warranty periods described above, the Buyer may keep the puppy/dog and receive reimbursement for any veterinary expenses related to the illness (provided that such reimbursements will not exceed the Purchase Price amount).
    5. No Other Warranties. No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein.
  7. Buyer’s Obligations. Buyer agrees to the following:
    1. Proper care. Buyer will provide good and proper care of the puppy/dog. Such care includes raising and housing the puppy/dog indoors in a home environment, a safe (preferably fenced) exercise area, and proper and sufficient nutrition (NO PUPPY FOOD OR GRAIN FREE FOOD). Buyer will provide proper veterinary care throughout the puppy/dog’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy/dog’s immunity to common canine diseases and monthly heartworm prevention. Provide proper emotional and physical care for the puppy/dog. Obedience training and socialization are highly encouraged and are an essential part of making this dog a good canine citizen and obedient member of the household. Buyer agrees not to permanently confine the puppy/dog to a chain, cable, rope, crate, dog run or the like in the yard or home.
    2. Veterinary Care. Buyer will also provide the following veterinary care: routine vaccinations and/or titers to prevent common infectious diseases; routine treatment for internal and external parasites, routine monthly heartworm prevention, an annual examination by a licensed veterinarian, and emergent care and treatment when necessary. Any lapse in vetting or lack of yearly checkups can potentially void the puppy/dog’s Long-Term Health Warranty; this is at the Breeder’s discretion.
    3. Care to Prevent Orthopedic Conditions. Buyer will also provide the following care:
      1. Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog, resulting in it becoming overweight. NO PUPPY FOOD, NO LARGE BREED PUPPY FOOD OR GRAIN FREE FOOD. Proper nutrition for a Great Dane is premium food that is no higher than 26% Protein. Supplements, calcium, or other Vitamins should not be given to puppy/dog unless prescribed and supervised by a licensed veterinarian.
      2. Proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging) until the puppy/dog is full grown or the activity is approved by a licensed veterinarian; and
      3. Avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller than itself at the shoulder until the puppy/dog is full grown or the activity is approved by a licensed veterinarian.
    4. Sale Prohibition. Buyer is not acting as an agent in the purchase of the puppy/dog. Buyer agrees neither the puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes of vivisection or research. Buyer also agrees neither the puppy/dog, nor any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house or pet store.
    5. Restrictions of Transfer. If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer’s death or incapacity), the puppy/dog MUST be returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog to Breeder without any refunds or payments due to Buyer. The puppy/dog’s Microchip will remain registered to the Breeder as the primary point of contact, and the Buyer’s information will be added to the microchip by the Breeder, designating them as a second point of contact.
    6. No Transfer Outside of the United States. Buyer further agrees that the puppy/dog will not be sold to anyone residing outside of the United States without Breeder’s prior written approval.
    7. Spay/Neuter Provision. The right to ownership of the puppy/dog is conditioned upon Buyer paying all costs and expenses to spay/neuter the puppy/dog. The puppy/dog CANNOT be spayed or neutered before 18 months of age. Females should have 2 complete heat cycles before being spayed. Males should be 2 years old before being neutered. The Breeder retains the right to collect semen from male dogs prior to neuter at the sole expense of the Breeder. The process of semen collection would be done at a canine reproduction veterinarian’s office and performed by a canine reproductive specialist. The puppy/dog should be spayed/neutered by the time they are 30 months old. If the puppy/dog is spayed/neutered before 18 months of age, the Long-Term Health Warranty is void. Buyer must provide proof of such spaying/neutering to Breeder immediately upon completion. The Breeder recommends having a gastropexy (tacking of the stomach) done by an experienced vet at the time of spay/neuter.
    8. Socialization. At the time of purchase, the puppy/dog was well socialized and of sound temperament. Since the Breeder cannot control the environment, training or additional socialization after the time of purchase, no guarantees are made regarding the puppy/dog’s temperament; and it is the Buyer’s responsibility to further socialize and train this puppy/dog.
    9. Breach by Buyer. Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void.
  8. Ongoing Communications. Both parties agree to promptly notify the other of any change of address, email, or phone number. Buyer agrees to maintain contact with Breeder regarding the puppy/dog at least every 6 months, and to reply as promptly as possible to inquiries about the puppy/dog from Breeder, inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel, and inform Breeder of any major change in the health of the puppy/dog throughout the puppy/dog’s life, including, but not limited to, cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders or autoimmune disease, and behavior problems, particularly fear, anxiety or aggression. Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal’s death.
  9. Remedy for Mistreatment. If the Breeder feels the puppy/dog is not getting proper care and treatment, Breeder has the right to have the puppy/dog examined by a licensed veterinarian. If such veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect, Breeder has the right to take full possession of the puppy/dog and its AKC paperwork transferred to the Breeder and Breeder warranties herein shall become null and void. For the avoidance of doubt, if Breeder takes possession of the puppy/dog in accordance with this section, Buyer shall not be entitled to any refunds of any payments made to Breeder.
  10. Agreement to Mediate. If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.

This contract was signed and will be enforced litigiously in the state of Michigan. As the Buyer, I understand that this is a legal document; if I breach any stipulation within this contract, I will be subject to a $5,000.00 penalty per infraction. If enforcement is brought before a court, all court costs will be added to any and all penalties.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions, and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications, or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument.

Both parties have read, understand, and agree to the terms and conditions of this contract and agree to abide by them until such time the contract is fulfilled.

______________________________

ANY VIOLATIONS OF THIS CONTRACT WILL RESULT IN A PENALTY OF $2,500.00 PER INFRACTION PAID BY THE BUYER TO THE BREEDER.

The undersigned agree to uphold all covenants of this agreement as of the __st/th day of
____________ in the year 20__.

By signing this contract, Buyer agrees to allow the Breeder to enter my property for the purpose of removing this puppy/dog from my custody if I do not comply with the above terms.

IN WITNESS WHEREOF, Breeder and Buyer have executed this Agreement effective as of the Effective Date.