Purchase Agreement Contract Thank you so much for deciding to join the XOXO Yorkies family! Full Legal Name of the Buyer, Hereafter known as the Buyer: * First Buyer Address: * Address Line 1 AGREEMENT SECTION 1 - HEALTH RECORD - The Breeder guarantees that at the time of delivery, the puppy is in good health. All puppies have been vaccinated, dewormed, and have received age-appropriate vaccinations. The breeder will provide a record to the buyer of all vaccinations and deworming. Upon arriving, should the puppy be found to have poor health of a serious nature, the breeder will provide the buyer with a replacement puppy from another litter when one comes avalible SECTION 2 - VET CHECKUP - The buyer is to arrange a check-up by a qualified veterinarian within 3 business days of receiving the puppy. During this initial exam should a veterinarian detect a Genetic defect threatening the life of the dog, you must contact the seller immediately. We do this with only a 3-business-day time frame to have a point of reference as to the health of the dog. Unfortunately, we cannot control how the dog is handled after it leaves our care. In the event your vet diagnoses a life-threatening genetic defect at this initial exam, you must return the puppy within 7 days of the exam with the veterinary report of the diagnosis. The buyer is responsible for returning the puppy and all papers (registration, Shot record) to the seller. In case of the death of the puppy before the initial exam, the buyer must submit a veterinarian’s necropsy report as to the cause of the death, and death must be entirely due to a congenital defect. The buyer shall notify the breeder immediately in the event that the puppy has an illness, or does not eat well before the initial vet exam. Failure to have the initial vet check done within 3 days or to notify the breeder of illness or poor eating before the initial exam will void this warranty. The breeder shall NOT reimburse any veterinary expenses or other expenses incurred by the buyer at any time. Breeders warranty is limited to a replacement puppy, upon the immediate return (within 5 days of vet exam) of the puppy (uninjured and unharmed), its registration papers, and a written veterinarian statement that includes the complete diagnosis of the congenital life-threatening defect. Failure to produce AKC paperwork if given at the time of sale will result in this warranty being void, and no puppy will be given as a replacement. This is to prevent AKC paperwork fraud. Failure to give the breeder access to all medical records at the vet's office will result in refusal of return or replacement puppy. This is to prevent the buyer from attempting to get a replacement puppy fraudulently. SECTION 3 - NOT COVERED - Not covered - internal or external parasites, hernia, undescended testicles, under or overbite, injury, allergies, heat exhaustion, or hypoglycemia. These are common ailments in young puppies with immature immune systems. We do Not cover luxating patellas. Not covered is collapsing trachea. Luxating patellas can be caused by injury and overworking the joint in the first year of life. Collapsing trachea is not covered because it can be caused by injury and the use of a collar. Not covered is Leg Calve Perthes - the cause is unknown. In addition,this health guarantee does not cover conditions not commonly associated with Yorkshire Terriers breed,included but not limited to Chondrodystrodystrophy (cddy) Intervertebral Disk Disease (ivdd), and Muscular Dystrophy (md)The Buyer waives any and all liability in relation to these items listed in Section 3. Under no circumstance will the Buyer be refunded any money for any of these conditions. Coccidia, Giardia, hookworm, whipworm, or any type of parasite is NOT COVERED. We do not cover Mites or external parasites. The Buyer understands and agrees to the NOT Covered agreement. SECTION 4 - BREEDING QUALITY NOT GUARANTEED No dog or puppy sold with or without breeding rights is guaranteed to be breeding quality. Determining a dog's breeding quality is 100% opinion. There are things like hernias, that some breeders think are ok to breed and some think are not. Some breeders weigh all the good traits as enough to outweigh another bad trait and decide to breed even with small defects. I cannot control what one breeder will or will not consider breeding quality. The Buyer will not be refunded any money or traded back for another puppy or given a stud fee for any reason or trait found to be present in the puppy regarding this contract, including but not limited to any physical disease or defect. SECTION 5 - HEALTH GUARANTEE - If your puppy is diagnosed with a fatal hereditary or congenital defect, it will be replaced with one of equal value as soon as one is available.The breeder does not guarantee against any non-life-threatening, non-fatal, or carrier genetic conditions, including but not limited to those that may appear through DNA testing. Only fatal hereditary or congenital defects that cause death within the first year of life are covered under this agreement. Carrier status, predispositions, or conditions that may or may not express in the future are not considered defects and are not covered by this guarantee. The value of the puppy being sent as the replacement will be determined by the Breeder. All registration papers given to the buyer must be signed into the breeders name and returned to breeder or the guarantee is void. Buyer is responsible for all transportation of puppies. Puppy must not be euthanized without prior written approval from the breeder or this guarantee is void. Text or email being considered acceptable written approval. Buyer understands that the following slight defects are not considered life threatening hereditary defect and therefore are not covered - hernia, parasites, undescended testicle, common issues known for the breed, and under/over bites. Buyer understands that replacement option is only valid when fatal within the first year of the puppies life. In case of death, a necropsy will be required to determine if death is due to a hereditary/congenital genetic problem in order to have the puppy replaced. Sometimes in the case of necropsy, if there is not an obvious defect, further blood testing can be done to determine cause of death. The buyer will be required to do and pay for all available tests to determine cause of death. Failure to follow the veterinarians recommended medical advice and/or treatment while the dog is in the care of the buyer will void this guarantee. The Buyer understands that the financial cost and burden of proof for veterinary care and testing to determine the presence of a fatal life threatening Hereditary or Congenital Defect is the sole responsibility of the Buyer. The Seller guarantees the puppy against life-ending congenital or hereditary defects within the puppy's first year of life. The guarantee is limited to a replacement puppy of the same value , the value of replacement Puppy will determined by the Seller, and will be given as soon as the Seller has one available. If a congenital defect is found in the Buyers puppy that is not life threatening there will be no replacement puppy given by the Seller, nor any kind of financial assistance for medications. The Buyer releases any liability regarding the puppy's care for non-fatal hereditary or congenital defect to the Seller and its owners. The Buyer understands that they are only entitled to a replacement puppy of the same value as the puppy listed in this agreement. SECTION 6 - VETERINARY DIAGNOSIS - Veterinarians can have different medical opinions. Because of this - The Breeder retains the right to pick a veterinarian of they’re choosing to examine the dog to confirm the diagnosis given by the Veterinarian selected by the Buyer. If the Breeder requests that the dog be taken to a specific veterinarian to confirm the diagnosis - the Breeder will pay for the examination and any tests or procedures approved/requested to be done by the Breeder. SECTION 7 - SHIPPING - If shipping has been approved by the Breeder, arrangements will be made between the Breeder and Buyer. The puppy becomes the sole responsibility of the buyer physically and financially once the breeder delivers the puppy to transport personnel and the puppy is in their care. Once the breeder has delivered the puppy to the agreed-upon transport personnel the burden of delivery to the owner is considered fulfilled. SECTION 8 - FULFILLMENT OF HEALTH GUARANTEE - A necropsy is required for the health guarantee to be utilized and a replacement puppy given to the Buyer. This will be an additional cost at the expense of the Buyer. This health guarantee applies only to the original owner of the puppy listed in this contract as the Buyer. The Health Guarantee is not transferable to another owner. In the event the guarantee is needed, the puppy/dog must be returned to the Breeder with any AKC papers. A refund will not be given in any situation, only a replacement puppy as soon as one of equal value can be given. The Breeder determines the value of the replacement puppy. Shipping arrangements for an additional puppy are at the expense of the buyer, and return of the original puppy to fulfill the guarantee is also at the expense of the buyer. The Breeder may choose to refund the return shipping expense of a puppy, if a defect is to be found to be 100% hereditary and life-ending to the puppy, and the Buyer is completely transparent with any and all health records, but it will be at the discretion of the Breeder. SECTION 9 - CARE OF PUPPY - Buyer agrees this puppy is not being bought for resale and shall be maintained and kept under the personal control of the buyer, this puppy shall be given adequate housing, food and vet care, and shall in no manner be mistreated, neglected, or allowed to roam freely. If circumstances become so that the buyer cannot keep this dog, buyer promises not to discard the dog at any shelter, humane society, or rescue group, and make every effort to place the dog in another suitable home. If the buyer is unable to find a suitable home for the dog. If for anytime the buyer is unable to care for the puppy ,the breeder will accept the puppy back to ensure it is placed in a safe and suitable home .However, No refund or reimbursement of any kind will be given .The return of the puppy is for the welfare of the animal only,and the buyer agrees that surrending the puppy does not release them from the financial obligation under this contract. SECTION 10 - SPAY / NEUTER & NO BREEDING AGREEMENT The Buyer understands that this puppy is being sold as a pet-only companion and not for breeding purposes , unless full breeding rights have been granted in writing by the Breeder. A strict spay/neuter requirement applies unless written permission has been given by the Breeder allowing the puppy to remain intact. Even if permission has been granted for the puppy to stay unspayed or unneutered, the Buyer fully understands and agrees that the puppy may not be bred, produce a litter, or be used for stud service under any circumstances without additional written consent from the Breeder granting full breeding rights.This health guarantee and contract become null and void if the dog has been bred, either intentionally or accidentally, to any dog, including dogs owned by the Buyer, without prior written authorization for full breeding rights. The Buyer is solely responsible for preventing any accidental breeding of the puppy described in this agreement.In the event of any breeding , whether accidental or intentional, without full breeding rights, the Buyer agrees to pay the Breeder a $10,000 liquidated-damage fine per litter. No AKC or CKC registration papers will be provided following such a violation, even if the fine is paid.The Breeder will issue written notice of the violation and fine to the Buyer, which may be delivered via text message, email, or certified mail. The Buyer must pay the fine in full within thirty (30) calendar days of the date the notice is sent. Payment must be made by cash, cashier’s check, or electronic transfer as directed by the Breeder. Failure to remit payment within thirty (30) days shall constitute breach of contract and will result in legal action filed in the county where the Buyer resides or where the Breeder conducts business.The Buyer further agrees to reimburse the Breeder for all costs of enforcement , including but not limited to court filing fees, process-service fees, attorney’s fees, and any other reasonable legal expenses incurred by the Breeder in collecting the fine or enforcing this agreement.The Buyer acknowledges that these provisions are legally binding and represent a fair and reasonable estimate of damages caused by an unauthorized breeding. This clause is intended to protect the health, well-being, and integrity of the puppy, prevent irresponsible breeding, and preserve the quality and reputation of the XOXO Yorkies breeding program. Buyer Initials ________: I understand and agree that this puppy is sold as a pet only and may not be bred, produce a litter, or be used for stud service without the Breeder’s written consent or the granting of full breeding rights. I understand that any violation of this agreement will result in a $10,000 breeding fine, legal enforcement, and voiding of all health guarantees. SECTION 11 - FINACIAL BURDEN OF CARE - The buyer will assume any and all veterinarian costs and any other expenses that might be incurred in connection with my puppy and waive any cost or claim whatsoever against the Breeder. Buyer understands that full price is due when the puppy is picked up or before the puppy is delivered to the transport personnel. SECTION 12 - NO GUARANTEE ON SIZE - We do our best to use all the predictors of size to give you an estimated adult weight. We do not take returns on puppies or refund any money for a puppy becoming either to large or to small. Buyer agrees they will not seek any form of restitution for the puppy at adult weight. SECTION 13 - FAILURE TO PICK UP - Buyer agrees to pick their puppy up by 10 weeks of age unless otherwise arranged. If the puppy is not picked up at 10 weeks old or the agreed-upon day, a $45 per day boarding fee will apply. The breeder has the right to sell the puppy to another person at anytime after the 1st missed pick up. The breeder can elect to move you to the waiting list or ask you to work with another breeder. You will not be refunded your waiting list payment. The breeder also has the right to deduct the $45 per day boarding fee from any monies paid to the breeder; starting the 1st calendar after the 1st time of missed pickup. SECTION 14- Puppy Health And Vaccination Care The Buyer agrees not to allow the puppy to go outside on any public grounds, sidewalks, parks, pet stores, or any area frequented by other animals until the puppy has completed the full series of vaccinations as recommended by a licensed veterinarian.This precaution is to provent exposure to the contagious and life threatening viruses, including parvovirus (Parvo). The Breeder is not responsible for any illness that occurs due to early or unsafe exposure. SECTION 15 - MUTUAL NON-DISPARAGEMENT - The Buyer agrees not to make public negative statements or communications disparaging The Breeder or its agents, products, members, directors, or officers. If the Buyer does make public negative statements in any social or public platform, the health guarantee is void. Public communications also include electronic platforms. The Seller (Including its agents, members, directors, and officers) agrees not to make public negative or disparaging statements or communications about the Buyer. This clause is not violated when statements and evidence are required in response to legal proceedings in which both parties have agreed to subject themselves to resolve a dispute outside the boundaries of this contract. Including, but not limited to, evidence supplied for court filings, depositions, and hearings. SECTION 16 - FINANCIAL RESPONSIBILITY FOR HEALTH CARE - It is highly recommended by the Breeder to the Buyer to obtain health insurance on their puppy. We do this because veterinary costs can be high, especially to diagnose or treat an illness. We also make this recommendation because puppies have their immune systems very fresh and are beginning to work on their own at 7-8 weeks old. They are susceptible to all types of viruses, parasites, and illnesses at this age. If you are seeking a diagnosis on your puppy to fulfill the health guarantee and get a replacement puppy, the health insurance may be able to cover some of those costs. Buyer is aware of this recommendation. SECTION 17 - COUNTY OF INITIATION AND FINALIZATION - It is deemed that this contract is initiated and finalized in the County and State the Breeder resides in. Any legal action brought by the Buyer or the Breeder will be preceded with a court-appointed mediator. Any legal action will be ignited only in the county of initialization and finalization which is County and State that the breeder resides in. SECTION 18 - AGREEMENT TO TERMS - Buyer agrees by signing below, to all the terms of this agreement included in sections 1-17. This agreement by the Buyer and the Seller is a binding contract, and is the only expressed agreement between the buyer and the Seller . I understand that I (buyer) will assume any and all veterinarian cost and any other expenses that might be incurred in connection with my puppy and waive any cost or claim whatsoever against the Breeder and its owners. I understand that full price is due when puppy is picked up or before puppy is delivered for flight. I understand that no other guarantees are meant or implied and I understand this contract is legally binding. Name: Bins Benjamin Doing Business As: XOXO Yorkies Co-Breeder / Contact: Nicole Bongard Address: West Palm Beach, Florida “All breeding and placement decisions for XOXO Yorkies are made solely by Co-Breeder / Contact, Nicole Bongard.” Clear Signature Name Submit