Adult Sale Contract
This form is for our adults that we are selling.
Section 1: HEALTH AT DELIVERY
The Seller (Lilac Blossom Yorkies, Tara Williams, Walden, New York) guarantees that on the day the Buyer takes custody of the Dog, the Dog is in good general health to the best of the Seller's knowledge. The Seller will provide the Dog's vaccination and deworming records. This guarantee covers only the Dog's condition on the day of transfer.
Section 2: SOLD AS IS
The Dog is sold as is. The Dog is not guaranteed to be house trained, of any particular temperament, or sound for breeding.
Section 3: NOT COVERED
The following are not covered by any guarantee: internal or external parasites (including coccidia, giardia, hookworm, whipworm and mites), hernia, undescended testicles, under or overbite, injury, allergies, heat exhaustion, hypoglycemia, luxating patellas, collapsing trachea, and Legg-Calve-Perthes disease. Some of these are common in small dogs and can be caused by injury, a collar, or other conditions after the Dog leaves the Seller's care.
The Buyer waives any claim against the Seller for these conditions and understands that no money will be refunded for any of them.
Section 4: BREEDING QUALITY NOT GUARANTEED
No dog sold with or without breeding rights is guaranteed to be of breeding quality. Whether a dog is suitable for breeding is a matter of opinion, and breeders and veterinarians disagree. The Buyer will not receive a refund, a replacement dog, or a stud fee because of any trait or condition of the Dog, including any physical defect or disease.
Section 5: VETERINARY COSTS AND RELEASE OF LIABILITY
Once the Buyer takes custody of the Dog, the Buyer is responsible for all veterinary bills and every other cost of owning the Dog, and waives any claim against the Seller for them.
Section 6: NO REFUNDS OR RETURNS
There are no refunds or returns for any reason. If the Buyer can no longer keep the Dog, the Buyer will contact the Seller first.
Section 7: CARE OF THE DOG
The Buyer agrees that the Dog is not being bought for resale. The Dog will be kept under the Buyer's personal control, given adequate housing, food and veterinary care, and never mistreated, neglected, or allowed to roam freely. If the Buyer cannot keep the Dog, the Buyer promises not to give the Dog to any shelter, humane society, or rescue group, and will make every effort to place the Dog in another suitable home after speaking with the Seller.
Section 8: REGISTRATION AND BREEDING RIGHTS
Registration papers are provided only if the Buyer is buying the Dog with breeding rights. If the Dog is sold as a pet, no registration papers will be provided. The Seller may provide copies of the Dog's parents' papers to show the Dog comes from purebred bloodlines.
If the Dog is sold as a pet and is bred, whether on purpose or by accident, to any dog (including a dog owned by the Buyer), the Buyer will owe the Seller the breeding fee set out in the Seller's written sale terms for this Dog, no registration papers will be provided afterward, and any guarantee in this contract is void. The Buyer is responsible for preventing an accidental breeding. The fee is due within the time stated in the Seller's written notice, which may be sent by text, email, or letter. If the fee is not paid, the Seller may take legal action, and the Buyer agrees to pay the Seller's reasonable filing fees, service fees and attorney's fees.
Section 9: PAYMENT
The full purchase price is due when the Buyer picks up the Dog, or before the Dog is handed to any delivery or transport person.
Section 10: FAIR STATEMENTS ABOUT EACH OTHER
Neither the Buyer nor the Seller (including the Seller's agents, owners and representatives) will make false or defamatory public statements about the other, including on social media and other electronic platforms. Nothing in this section prevents either party from giving truthful statements or evidence in a legal proceeding.
Section 11: GOVERNING LAW AND VENUE
This contract is governed by the laws of the State of New York and is treated as made in the county and state where the Seller resides. The parties will first try in good faith to resolve any dispute through mediation. Any legal action will be brought only in the county where the Seller resides.
Section 12: AGREEMENT TO TERMS
By signing, the Buyer agrees to all of the terms in sections 1-12. This is a binding contract and the only agreement between the Buyer and the Seller. No other guarantees are made or implied.
By typing or drawing a signature below, the signer confirms they have read and understood this entire Adult Sale Contract, that they are signing it voluntarily, and that an electronic signature is as binding as a handwritten one. A copy of the signed agreement will be sent to the email address entered on this form.
