Pom Beach Pomeranians
Puppy Purchase Agreement (Non-Breeding)
Terms and Conditions:
Parties:
Pom Beach Pomeranians c/o David and Lori Reinhardt shall hereinafter be referred to as the "Breeder." The original purchasing party, and solely the original purchasing party, shall hereinafter be referred to as the "Buyer."
Health:
* If the Buyer has verifiable proof of the completion of a public and/or private training or obedience course(s),
and a temperament or behavioral issue cannot be resolved by the time the puppy has reached 2yrs of age, Breeder may choose to replace said puppy (see terms of replacement puppy) upon return of the original puppy to the Breeder.
Congenital/Hereditary: Your puppy is guaranteed for two years from his/her date of birth against any of the defects outlined below:
Eyes: Both parents have been examined and certified to be clear thru the Orthopedic Foundation for Animals (OFA). Should a condition arise, the Buyer needs to obtain a written veterinary report from a qualified Ophthalmologist that states the condition and severity as well as prognosis and recommended treatment (if any). If clearly genetic in nature (specifically due to any of the ten disorders known to be heritable according to the Genetics Committee of the American College of Veterinary Ophthalmologists (ACVO) listed on OFA website) the Breeder may offer a replacement puppy OR pay a portion of the vet bill. Accident or injury that may have caused the ineligible condition does not qualify for a replacement puppy or refund. Any rating of ‘Breeder Option’ will not warrant replacement of puppy. Conditions in this category are not proven to be heritable at this time.
i) Breeder will pay fifty percent (50%) towards a single corrective surgery, up to a maximum of Two
Hundred Fifty Dollars ($250) should a diagnosis of one of the ten conditions be made by a licensed
veterinarian. Buyer must allow the Breeder a minimum of sixty (60) days to make the payment. All payments
towards the surgery will be paid to the Veterinarian only. Buyer will not receive any payment. Buyer will
have 14 days from the date of Breeder’s payment to the veterinarian to submit proof of procedure and final
bill to the Breeder.
ii) If option i, above, is chosen, there will be no replacement puppy or further refund offered or given by the Breeder.
Once Breeder has received all required reports/statements as stated herein, Breeder has 10 working days to have reports reviewed by their veterinarian to determine if replacement puppy or refund is warranted.
Cardiac: Parents are all certified as having an OFA clear auscultation. If puppy’s cardiac auscultation indicates Grade 2 or higher murmur an echocardiogram with doppler must be performed and submitted to a board certified cardiologist for review. A copy of the official written cardiologist report along with any written statements from a veterinarian must be submitted to the Breeder within 5 working days of final report from cardiologist.
i) Innocent (also called physiologic or functional) murmurs are common in young, growing puppies and may go away in time. Should an innocent murmur be detected at any time the Buyer must notify the Breeder within 5 workings days of detection. Breeder suggests that any puppy found to have an innocent murmur be monitored closely by their veterinarian so that any changes can be detected in a timely manner.
Once Breeder has received all required reports/statements as stated herein, Breeder has 10 working days to have reports reviewed by their veterinarian to determine if replacement puppy or refund is warranted.
In case of Death due to Congenital/Hereditary Defect
In the unlikely event of your puppy’s death due to a congenital/hereditary defect within 3 yrs of birth, a signed statement from a licensed veterinarian confirming such an event and a necropsy is required. Please note that under no circumstances will the Breeder be responsible for veterinary or medical bills incurred. Necropsy must be paid for by the Buyer. The results of the necropsy will determine whether a replacement puppy or refund will be given (see terms of replacement puppy).
*Terms of Replacement puppy
General Terms
Pet/Non-Breeding Contract - Initial_______
The dog being purchased on this contract is being sold as a pet only. The Buyer will not allow the dog to be bred by ANY other dog. If any dog is purchased from the breeder under the agreement of it being pet only/ non-breeding, the buyer will be considered under breach of contract if this occurs (see below). The Buyer shall spay or neuter the puppy at the appropriate age (usually 8-10 months), desexing procedure MUST be done by 15 months of age. The Buyer will send the Breeder a copy of the receipt or spay/neuter certificate from the veterinarian office specifying the dog's name, date of procedure and what procedure was done. The Breeder has the option of holding the registration papers and full transfer of ownership until proof of spay or neutering has been provided.
Breach of Contract
This clause deals primarily with the transfer of the dog to a third party, but is not exclusive to such. To protect both the dog and the Breeder's reputation, we have included this clause. We do not want our pups sold to a puppy mill or turning up in a pound or shelter, Veterinarian's office (abandonment), pet shops, auction, unsuitable home or deemed that this animal is not being properly cared for. We hope we never have cause to invoke this clause! If found to be in breach of this contract (specifically, the owners have been reported to the SPCA or other agency to be inadequately caring for the dog, {this being the dog is not being supplied with basic needs and vet care} or that the dog is being hurt or abused, neglected or left unattended for unreasonable length of time), the Buyer agrees to relinquish ownership of the dog, and assigns ownership including a signed transfer document back to David & Lori Reinhardt. The Buyer may be subject to pay the Breeder a penalty of $7000. if they are found to be in Breach of contract.
If the buyer goes against the terms in this agreement regarding breeding rights, Pom Beach Pomeranians (David & Lori Reinhardt) will automatically be owed the breeding price of the dog of up to $8000 and would be required to forfeit any resulting puppies to Pom Beach Pomeranians and may be required to return the dog purchased from Pom Beach Pomeranians. The buyer could also be reported to the Canadian Kennel Club as they would be in breach of their regulations. These consequences are to be decided by the breeder should this clause need to be enacted. The buyer must report ANY breedings should they be accidental or purposeful to Pom Beach as soon as possible. Pom Beach Pomeranians may choose not to pursue any action should the Buyer show an honest representation of what happened.
The BREEDER neither makes nor implies any warranties or guarantees express or implied, other than those written in the agreement including, without limitation, the warranties of merchantability and fitness.
This document constitutes the entire agreement between the Breeder and the Buyer with respect to this sale.
The guarantees laid out in this contract are limited between Seller and Buyer. It is not transferable to a third party. The Buyer's signature below indicates that he/she has read, agrees and does understand all of the conditions of the Sales Agreement and Contract of Sale. The initial on each page also indicates that each page has been read and understood.
Parties:
Pom Beach Pomeranians c/o David and Lori Reinhardt shall hereinafter be referred to as the "Breeder." The original purchasing party, and solely the original purchasing party, shall hereinafter be referred to as the "Buyer."
Health:
- All puppies are sound of health and communicable diseases, to the best of the knowledge of the breeder at time the puppy leaves the breeders residence. Every puppy is guaranteed to be free of contagious diseases for a period of 48 hours after leaving the breeders residence.
- The Buyer must have the puppy examined by a licensed veterinarian at their own expense within two (2) business days of receipt of the puppy. If the examination takes place at an agreed upon later date, the Buyer recognizes that there are certain contagions that can be picked up within this time frame and the Breeder cannot guarantee for contagious illness that can be transmitted after the puppy has left the breeders residence.
- If the initial vet check (within 48 hours of leaving the breeders property) comes back with a severe congenital problem or the puppy has contracted a life threatening condition or passes away, the Breeder will refund the seller for the purchase price of the puppy OR (if available) offer a replacement puppy (see terms of replacement puppy).
- If in the case the puppy passes away (within the 48 hrs of leaving the breeders property), the Buyer must have a necropsy performed by a licensed Veterinarian at Buyer’s expense to determine cause of death. If cause of death is due to problems that existed before the time of purchase and after Breeder’s Veterinarian examined the puppy, a replacement puppy or refund is given (see terms of replacement puppy).
- Buyer will not take the puppy to any public place or let the puppy interact with any other dogs (unless that dog lives in the same household) until the vet check is performed. If Buyer chooses to do so, they waive responsibility for contagious illness that can be spread from these places.
- The Breeder has supplied initial inoculations. The Buyer is responsible for all follow up health care and maintenance of the pet including booster immunizations and exams after purchase. Please keep your receipts and records to verify that you have regularly taken your pet to a duly licensed vet for checkups and immunizations.
- Teeth are not guaranteed as there are many factors that can cause a bite to go off. It is a common problem to require baby teeth to be pulled. If this is not done in a timely manner, it can affect the bite, which could cost the dog permanent bite issues. Recommended time for teeth to be pulled is when the puppy goes under anesthetic for spaying or neutering at about 9 months (to reduce the number of times and stress under anesthetic and cost). The parents of the puppy have acceptable bites. Maintaining teeth can be a costly expense for toy breeds and it is recommended that the owner plan ahead for these. The Buyer agrees that they acknowledge this and that teeth will be maintained as needed. Initials_______
- Quality of diet is very important and can cause health issues if it is unsatisfactory. Buyer agrees to feed a premium quality kibble or BALANCED raw diet for the life of the dog. Brands such as Kibbles and Bits, or other cheap big box store kibbles do not contain adequate nutrition and may cause your dog harm. Equally a diet of only raw meat that is not balanced with bone, organ and vegetable can do harm to your dog.
- Patella issues can be common in toy dog breeds and can be caused by many different things, therefore we cannot guarantee them. It is highly recommended to include a regular quality glucosamine/chondroitin and vitamin C supplement from the ages of 5months to 2 years. This supports proper growth and development of the tissues and joints. An exercise program that helps for rear end strengthening is valuable also. Make sure your pom does not jump or do other activities that can cause damage. Activities that are higher stress should wait until maturity at 2yrs of age. Do not let your pom get obese as this will greatly increase the chances of joint issues.
- Alopecia cannot be guaranteed as this unfortunately is a breed issue that cannot be tested for and can also be caused by many environmental factors as well as unpredicted hereditary factors.
- Hypoglycemia is a serious health problem but is NOT covered by this warranty and this is generally caused by too much activity and/or too little food/wrong type and is manageable.
- Hernia, Kennel cough, Coccidia and worms are not serious health problems if treated and are not covered by this warranty. They have to be treated according to Buyer’s veterinarian and expense.
- This warranty does not cover abuse, neglect, accidents, ingestion of foreign objects, heatstroke, poisoning, run-away-pet, or any other problem or sickness not caused by the breeder.
* If the Buyer has verifiable proof of the completion of a public and/or private training or obedience course(s),
and a temperament or behavioral issue cannot be resolved by the time the puppy has reached 2yrs of age, Breeder may choose to replace said puppy (see terms of replacement puppy) upon return of the original puppy to the Breeder.
Congenital/Hereditary: Your puppy is guaranteed for two years from his/her date of birth against any of the defects outlined below:
Eyes: Both parents have been examined and certified to be clear thru the Orthopedic Foundation for Animals (OFA). Should a condition arise, the Buyer needs to obtain a written veterinary report from a qualified Ophthalmologist that states the condition and severity as well as prognosis and recommended treatment (if any). If clearly genetic in nature (specifically due to any of the ten disorders known to be heritable according to the Genetics Committee of the American College of Veterinary Ophthalmologists (ACVO) listed on OFA website) the Breeder may offer a replacement puppy OR pay a portion of the vet bill. Accident or injury that may have caused the ineligible condition does not qualify for a replacement puppy or refund. Any rating of ‘Breeder Option’ will not warrant replacement of puppy. Conditions in this category are not proven to be heritable at this time.
i) Breeder will pay fifty percent (50%) towards a single corrective surgery, up to a maximum of Two
Hundred Fifty Dollars ($250) should a diagnosis of one of the ten conditions be made by a licensed
veterinarian. Buyer must allow the Breeder a minimum of sixty (60) days to make the payment. All payments
towards the surgery will be paid to the Veterinarian only. Buyer will not receive any payment. Buyer will
have 14 days from the date of Breeder’s payment to the veterinarian to submit proof of procedure and final
bill to the Breeder.
ii) If option i, above, is chosen, there will be no replacement puppy or further refund offered or given by the Breeder.
Once Breeder has received all required reports/statements as stated herein, Breeder has 10 working days to have reports reviewed by their veterinarian to determine if replacement puppy or refund is warranted.
Cardiac: Parents are all certified as having an OFA clear auscultation. If puppy’s cardiac auscultation indicates Grade 2 or higher murmur an echocardiogram with doppler must be performed and submitted to a board certified cardiologist for review. A copy of the official written cardiologist report along with any written statements from a veterinarian must be submitted to the Breeder within 5 working days of final report from cardiologist.
i) Innocent (also called physiologic or functional) murmurs are common in young, growing puppies and may go away in time. Should an innocent murmur be detected at any time the Buyer must notify the Breeder within 5 workings days of detection. Breeder suggests that any puppy found to have an innocent murmur be monitored closely by their veterinarian so that any changes can be detected in a timely manner.
Once Breeder has received all required reports/statements as stated herein, Breeder has 10 working days to have reports reviewed by their veterinarian to determine if replacement puppy or refund is warranted.
In case of Death due to Congenital/Hereditary Defect
In the unlikely event of your puppy’s death due to a congenital/hereditary defect within 3 yrs of birth, a signed statement from a licensed veterinarian confirming such an event and a necropsy is required. Please note that under no circumstances will the Breeder be responsible for veterinary or medical bills incurred. Necropsy must be paid for by the Buyer. The results of the necropsy will determine whether a replacement puppy or refund will be given (see terms of replacement puppy).
*Terms of Replacement puppy
- Replacement Puppy must be of the same value, sex and quality (if there is a puppy available to take). If there is not a puppy available to take of equal value, Buyer will be notified when the next litter arrives and if there is a replacement available. The Buyer will be placed first on the waiting list for a puppy of equal value. If the Buyer declines the replacement puppy, they may wait for one more puppy to be offered to them. If they decline a second time, then the Breeder shall be under no further obligation and it will be deemed that the Buyer has released the Breeder from all further claims. If Buyer wants a puppy that is of higher quality and value, the Buyer will be responsible for the difference in the prices.
- The Breeder is not responsible for transportation costs, vet costs, or any other costs accrued.
- The first puppy must be returned to the Breeder within 10 days with written proof of issue before a refund or replacement will be given. The Breeder must be allowed to contact the vet who made the diagnosis and be allowed to obtain a second opinion from a vet of their choice for the guarantee to be valid (before any monies refunded or replacement puppy given). If the puppy is not returned, no refund shall be submitted. Any time after 10 days should a situation arise whereupon the buyer wishes to return the puppy, the buyer will only be offered a replacement puppy at that time (no cash refunds).
General Terms
- The value of the puppy for the purpose of this guarantee is solely the original purchase price of the puppy, and does not include shipping costs, health certificate, shipping crate or any additional prices declared by the Buyer.
- No guarantee is made as to disposition, conformation, size, weight, color, markings or breeding ability. Puppy is warranted only for the purpose of being a companion animal. While it may be capable of performing other functions, no warranty is given as to its fitness for any specific purpose.
- Breeder only accepts these types of payments – Cash, E-transfer, Direct Deposit. Please note that all forms of payment except for cash take time to process. No personal cheques will be accepted. Full payment must be made and cleared before the puppy is to leave the Breeders property.
- Every puppy is guaranteed to be purebred Pomeranian and in accordance with the Animal Pedigree Act, registered with the Canadian Kennel Club. Each puppy has been vet checked and breeder agrees to give the new owner the health record.
- The Breeder is solely responsible for supplying the registration papers. Registration papers for all registered puppies will be sent by regular mail which could take up to six months. Registration papers will be with a CKC Non-Breeding Agreement unless otherwise negotiated at time of sale. All dogs are represented as pet quality.
- In the event of any litigation in connection with this contract, the Breeder will be paid reasonable attorney fees by the purchaser. Venue and jurisdiction for litigation arising out of or related to this contract shall lie exclusively in Kneehill County, Alberta.
- The amount to hold a puppy is 30% of the purchase price which is non-refundable should the buyer change their mind and want to cancel the sale anytime prior to pick-up. This fee is to reimburse the Breeder for out-of-pocket expenses and overhead costs/lost sales associated with the transaction. This shall be called a “Holding Fee”.
- The Breeder is not responsible for refund or exchange on the basis of, including but not limited to allergy, Landlord/Tenant, marital, or adjustment problems, etc.
- **The Buyer agrees to inform the Breeder of their intention to re-home the puppy at any time in it's life and to give the Breeder first option of taking the dog back. If the Breeder is unable to assist at that time, they will help find a suitable home. If the Buyer rehomes the dog without first giving the Breeders consent, they will be subject to Breach of contract.
Pet/Non-Breeding Contract - Initial_______
The dog being purchased on this contract is being sold as a pet only. The Buyer will not allow the dog to be bred by ANY other dog. If any dog is purchased from the breeder under the agreement of it being pet only/ non-breeding, the buyer will be considered under breach of contract if this occurs (see below). The Buyer shall spay or neuter the puppy at the appropriate age (usually 8-10 months), desexing procedure MUST be done by 15 months of age. The Buyer will send the Breeder a copy of the receipt or spay/neuter certificate from the veterinarian office specifying the dog's name, date of procedure and what procedure was done. The Breeder has the option of holding the registration papers and full transfer of ownership until proof of spay or neutering has been provided.
Breach of Contract
This clause deals primarily with the transfer of the dog to a third party, but is not exclusive to such. To protect both the dog and the Breeder's reputation, we have included this clause. We do not want our pups sold to a puppy mill or turning up in a pound or shelter, Veterinarian's office (abandonment), pet shops, auction, unsuitable home or deemed that this animal is not being properly cared for. We hope we never have cause to invoke this clause! If found to be in breach of this contract (specifically, the owners have been reported to the SPCA or other agency to be inadequately caring for the dog, {this being the dog is not being supplied with basic needs and vet care} or that the dog is being hurt or abused, neglected or left unattended for unreasonable length of time), the Buyer agrees to relinquish ownership of the dog, and assigns ownership including a signed transfer document back to David & Lori Reinhardt. The Buyer may be subject to pay the Breeder a penalty of $7000. if they are found to be in Breach of contract.
If the buyer goes against the terms in this agreement regarding breeding rights, Pom Beach Pomeranians (David & Lori Reinhardt) will automatically be owed the breeding price of the dog of up to $8000 and would be required to forfeit any resulting puppies to Pom Beach Pomeranians and may be required to return the dog purchased from Pom Beach Pomeranians. The buyer could also be reported to the Canadian Kennel Club as they would be in breach of their regulations. These consequences are to be decided by the breeder should this clause need to be enacted. The buyer must report ANY breedings should they be accidental or purposeful to Pom Beach as soon as possible. Pom Beach Pomeranians may choose not to pursue any action should the Buyer show an honest representation of what happened.
The BREEDER neither makes nor implies any warranties or guarantees express or implied, other than those written in the agreement including, without limitation, the warranties of merchantability and fitness.
This document constitutes the entire agreement between the Breeder and the Buyer with respect to this sale.
The guarantees laid out in this contract are limited between Seller and Buyer. It is not transferable to a third party. The Buyer's signature below indicates that he/she has read, agrees and does understand all of the conditions of the Sales Agreement and Contract of Sale. The initial on each page also indicates that each page has been read and understood.