Puppy/Dog Purchase Agreement & Guarantee
Shannon's Puppies at Mountain Pass Barn
Boss@mountainpassbarn.com
540-293-3300
This agreement (“Agreement”), dated as of _________________________, 20____________ (the “Effective Date”),
is between ______________________________Shannon Taylor Wood______________ (“Breeder”),
and ___________________________________________________________________________ (“Buyer”).
Adress of Buyer:
Phone:
Email:
The Breeder and Buyer agree as follows:
Deposit. A refundable wait list deposit of $_500___
shall be due and paid to Breeder upon execution of this Agreement if not already paid. The Deposit shall be applied to the final Purchase Price (defined below). Buyer acknowledges that Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected. Buyer may elect to have the Deposit transferred to the next litter or have the Deposit refunded. Either party may choose to not proceed with the final purchase and all monies will be returned.
Purchase Price. The full purchase price of $______________ _______ is agreed with the balance due in full at least ______1_________ weeks before the puppy/dog is picked up or delivered to Buyer. Any shipping and handling expenses are the responsibility of and shall be paid by Buyer.
Unauthorized Breeding. The puppy/dog is being sold solely as a companion or guardian in my breeding program and other breedings of the puppy/dog is expressly prohibited. If at any time the puppy/dog has become pregnant or produced offspring, all of Breeder’s warranties set forth in this Agreement will become null and void.
Breeder’s Obligations.
State of Health; Short-Term Health Warranty. The puppy/dog (i) was previously examined by a licensed veterinarian and was found to be in good health at that time and (ii) 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. If a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the within one week of sale the puppy/dog may be returned to Breeder for a refund. The veterinarian must provide a written statement deeming the puppy/dog “unfit for purchase”. The foregoing guarantee expressly excludes (x) any health issues caused by Buyer’s ill-treatment, abuse or neglect, (y) any health issues that result from the puppy/dog’s transportation from Breeder to Buyer if provided by an outside service and (z) all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, UTIs, vaginitis, dental occlusion or crowding, undescended testicle, or minor umbilical hernias less than approximately 15 mm in circumference or protrusion. None of these minor conditions are serious but if they really bother you I probably don't want you as a client and you should return the dog, providing that you caused no harm either to the dog or my reputation, and we will look into a refund anyway.
Long-Term Health Warranty. Breeder provides a ___3__-year warranty from the puppy/dog’s date of birth against any congenital conditions deemed serious and lifelong debilitating by a majority of veterinarians will be considered and (ii) expressly do not include those: _ allergies, umbilical hernias, retained/missing/maloccluded teeth, snorting is common during teething, or undescended testicle. (for reference only, Good Dog's health testing levels by breed are available here: https://www.gooddog.com/guide-to-good-dogs-health-testing-levels). Please hold off on corrective surgeries until after a year old as it will usually correct itself, go ahead and let them remove baby teeth to allow proper placement of adult teeth, and most umbilical hernias smaller than an adult thumb tip won't cause a problem and can close as they develop in age * it's like a nose job - unnecessary, but we can make up reasons to justify it if it bothers you that much but still cosmetic. These are not serious conditions but if you are really upset by these things I probably don't want you to have one of my puppies at all, bring them back and we will do the arrangement where I rehome them and give you a portion of the rehomed sale price minus my costs as stated in the transfer of ownership section never to be more than the original payment amount. In the event the puppy/dog exhibits symptoms of a suspected debilitating congenital condition, Buyer must immediately inform Breeder and supply all veterinary records to Breeder. Breeder will be given the opportunity to take the puppy/dog to multiple licensed veterinarians of Breeder’s choice for examination.
Returns/Refunds. Refund of monies up to one week after purchase with the returned dog or after one week in the form of a replacement puppy when the original dog is returned and a new one becomes available or if either party decides to not continue the relationship we can do a partial refund of the rehoming fee minus my expenses in lieu of a replacement dog. The Buyer may keep the puppy/dog and should have utilized insurance and maintained a minimum catastrophic type policy to cover large vet bills as I will not be responsible for reimbursing any costs incurred. If the dog is dying due to congenital disorder in the next few days it was not meant to live and you should not do treatment and you should return the dog to me. I will get a necropsy ( doggy autopsy ) before issuing a refund or replacement puppy to rule out poisoning and trauma and I need to know what disease process I need to address in my program. Put the dead pup in the refrigerator not freezer and have it overnighted in a chilled container Styrofoam container with ice packs, I will cover cost of delivery. Your vet may be able to help with packaging supplies and I will cover the cost within reasonable market value.
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. Hair color changes as they age in many dogs, no refunds will be given over reds turning to creams or blacks turning shades of grey or brown, etc.
Buyer’s Obligations. Buyer agrees to the following:
Proper Care. Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, and proper and sufficient nutrition. Shih tzu are small house dogs and can be managed indoors only if you prefer, in fact many don't like getting their feet wet. No temperatures below 45*F for extended periods of time without a warming option or above 85*F without shade and A/C or fan if hot. Fresh clean water available at all times in cold and heat. 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. You must space out vaccines, especially with small dogs. Do not do multiples / combination vaccines within the first year at one time even if the vet says it's fine. It is their job to worry about population immunity and contagion, it is my job to worry about this one puppy, to be fair they are also worried that you won't come back soon and that you will break the rules of where is safe to take the puppy. Come back for the follow up vaccine in one week, don't go to dog parks until 4 weeks after the final vaccination if ever. Get all the vaccinations for lepto and lyme if your dog hangs out outside at all and ever touches dirt or a puddle. Do get heartworm prevention every month from your vet.
Veterinary Care. Buyer will also provide the following veterinary care: (i) routine vaccinations and/or titers to prevent common infectious diseases; (ii) routine treatment for internal and external parasites; and (iii) annual examination by a licensed veterinarian.
Care to Prevent Orthopedic Conditions. Buyer will also provide the following care:
Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight;
Proper daily exercise to maintain the puppy/dog in good condition, no forced exercise (such as jogging) until the puppy/dog is full grown or the activity is approved by a licensed veterinarian; and
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.
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 as these aren't ideal conditions.
Transfer of Ownership. If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer’s death or incapacity), the puppy shall be either returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog thus allowing me to rehome the dog so that I may give you partial monetary compensation or rehoming by Buyer to a fit home residence such as family or friend of the Buyer without any refunds or payments due to Buyer. I am always available to help, family should not have to worry with what to do with 'fluffy' upon your death/ incapacity or to begrudgingly keep the animal or take it to a shelter. If, following receipt of the puppy, Breeder is able to rehome the puppy/dog, providing no abuse or neglect the Breeder may elect to refund Buyer or living family a portion of the original Purchase Price after deducting applicable maintenance, training, veterinary and other costs. Such refund amount shall be determined by Breeder in its sole discretion but in an effort to ensure the puppy/dog’s best interests I will give you some financial reimbursement if possible, given the dogs condition.
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.
Ongoing Communications. Both parties agree to promptly notify the other of any change of address, email or phone number. Buyer agrees to (a) maintain contact with Breeder regarding the puppy/dog at least once each calendar year, and to reply as promptly as possible to inquiries about the puppy/dog from Breeder; (b) inform Breeder of any titles completed by the puppy/dog and (c) 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. This is because I need to know if there is a condition in my dogs that I need to address in breeding practices.
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 or have animal control officers evaluate the situation. If such officer or veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect, (a) Breeder has the right to take full possession of the puppy/dog [and its duly signed Kennel Club transfer papers/registration] and (b) all 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.
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 to settle the dispute by mediation. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Non-Disparagement. “The Buyer agrees that they will not, under any circumstances, make or publish any statements—whether written, verbal, online, or otherwise—that defame, slander, disparage, or cast the Breeder in a negative or harmful light. This includes both public communications (such as social media posts, reviews, forums, or third-party discussions) and private communications (including messages, emails, or conversations) intended to damage the Breeder’s reputation. The Buyer acknowledges that violation of this clause may result in legal action and any remedies available under applicable law.”
NDA. This Non-Disclosure Agreement requires the Buyer to keep all confidential information shared by the Breeder strictly private. This includes breeding practices, health records, business operations, client information, and any other proprietary or sensitive material. The Buyer agrees not to disclose, share, or misuse this information in any form—whether verbal, written, digital, public, or private—and understands that the Breeder retains full ownership of all materials provided. Any breach of confidentiality may result in legal action and remedies available under applicable law.”
Governing Law. This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Virginia without regard to the conflicts of laws provisions thereof.
Miscellaneous. 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. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, Breeder and Buyer have executed this Agreement effective as of the Effective Date.
Name_________________________________________________________________________
Address_______________________________________________________________________
Email__________________________________________________________________________
Phone__________________________________________________________________________
Signature________________________________________________________________________