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Private Instrument of Purchase and Sale
CONTRACT TO PURCHASE By this private insctrument and sale her in, the BREEDER - ............................., a .... citizen, and THE PURCHASER - ...................., ..... a ....... citizen, have agreed to the following clauses and conditions in regard to the purchase.
ABOUT THE SUBJECT First clause - the breeder sells to the purchaser one animal of the Shih tzu breed. a (sex), born on .../.../.....; named ; registered in the ...... under the number ........; microchip# (.....................), daughter of the sire ............... and the dam ...................
ABOUT THE DOCUMENTATION Third clause - once this animal is recieved from the breeder, the purchaser is to examine it or have it examined by a veternarian, checking on it's health and temperment, at that time it should be declared to be healthy and perfect, or the purchaser is to contact the breeder at once.
Fourth clause - This animal will be accompanied by the following documents: health certificate, issued by the veternarian responsible for the kennel, instructions for the maintenance of the animal, records of vaccination and worming and complete medical history of the animal, a copy of the pedigree and the official standard for the breed.
ABOUT THE GUARANTEES Fifth clause - the breeder guarantees that the animal is purebred, registered with the ....., born from registered parents and the the purchaser shall receive on the date of delivery an animal within the standards set for the breed....). If it is pet quality, it may not have all the characteristics of the breed. This means that the animal is not likely to be of the quality to be shown or classified as excellent, and upon reaching adult age, may not be able to reproduce.
Sixth clause - Airfare is included in the price of shipping.
Seventh clause - The following are excluded from this warranty. If it is of pet quality, poor bite, any health problem other than infectious diseases, missing tooth or teeth, monorchidism, cryptorchidism, hip dysplasia, entropion, ectropion, and/or any faults which might disqualify the same as being standard for the breed. For show quality, it does not include any minor illnesses such as hernias, hypoglycemia, or coccidiosis. This guarantee does not include illness due to ingestion of any foreign objects, food, chemicals, or any physical injury, abuse or neglect.
Eighth clause - The purchaser agrees to examine, or make arrangements for their veterinarian, within the first twenty four (24) hours from the time of receiving the animal, to examine the same in a general manner, for the purpose of checking on the state of the animal's health, that means to say, if it is healthy and withing the standards for the race. The purchaser must contact the breeder within this term, in the case there is any fault or problem to be found in the animal. After this said term, the purchaser assumes to have recieved, examined and verified that the animal is within the official standard for the race and is in perfect health.
Ninth clause - In the case there is a problem with the animal, with the term forseen in the preceding clause, the purchaser shall return the same to the breeder, together with all of its documentation, with a report signed by a veterinary physician and this report is to contain the identification number of the microchip and a description of the animal. In case there is the occurence of the death of the animal, there is the necessity of a report with all the procedures and medication that has been used, as well as photographs and an autopsy report, including the identification of the microchip and a description of the animal. After all these procedures and being that the breeder is in possession of all the documentation described above and it is exhaustively proven that the death of the animal has been due to a pre-existing disease and that it has not been due to adverse causes such as, for instance, the deficiency or inadequacy of the transportation. (If that should happen, even though the breeder is the one who ships the animal, it is the purchaser who is responsible for transportation and who will seek compensation from the airline). If all of this is done by the purchaser, the breeder shall make the due replacement, delivering another animal, without any cost for the purchaser. The right to return the puppy, AT BUYERS EXPENSE, and receive an exchange puppy of equivalent value (same breed, sex, and age at purchase time), but not a refund of the the veterinary costs related to the certification that the puppy was unfit. NO VET BILLS WILL BE PAID BY THE SELLER. In case the buyer's vet finds the puppy unfit, you must notify the seller within 2 business days after the vet's determination. A written certification of unfitness, signed by a licensed vet, must be presented to the seller no later than 3 days following the reciept of said certification.
No refunds or exchanges will be made if the buyer fails to send all the registration papers and original records back to the seller along with the vet signed certification of unfitness. Puppy may not be determined unfit for sale on account of an injury sustained or illness contracted after the buyer takes possession of the puppy. Veterinarian findings of internal or external parasites is not grounds for declaring the puppy unfit. ONLY A CONGENITAL HEREDITARY LIFE THREATENING CONDITION.
ABOUT THE PAYMENT Tenth clause -the purchaser shall pay to the breeder for the animal described under the First Clause, the amount of $.... US dollars and all expenses related to the shipment of the animal. Not included in the foregoing purchase amount shall be the amount of $......., bringing the total amount to $........ USD for the total purchase price including shipping. The purchaser shall be the custodian of the animal and shall not sell, lend, donate and use it for reproduction purposes before completing the full payment of the same.
ABOUT THE VENUE The parties hereto choose the Venue of the City of Seller with the express renunciation to any other, no matter how privileged it might be, for the purpose of solving any dispute resulting from the application of this agreement here. ............................................................. Purchaser Seller’s Witness Purchaser’s Witness
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