AMERICAN BULLY BUYER S AGREEMENT

Transcription

1 AMERICAN BULLY BUYER S AGREEMENT This agreement (AGREEMENT) is entered into as of ("EFFECTIVE DATE") by and between ("SELLER") and ("BUYER NAME") ("BUYER STREET") ("BUYER CITY") ("BUYER STATE") ("BUYER ZIPCODE") ("BUYER PHONE") ("BUYER ") ("BUYER DRIVERS LICENSE STATE")* ("BUYER DRIVERS LICENSE NUMBER")* ("BUYER SOCIAL SECURITY NUMBER")*. WHEREAS, Buyer wishes to purchase the canine puppy known as ("PUPPY"), ("PUPPY UKC NUMBER"), ("PUPPY MICROCHIP NUMBER"), for the amount of $ ("PRICE"), and SELLER desires to sell this puppy to BUYER. NOW THEREFORE, the parties hereto agree as follows: 1. GRANT OF OWNERSHIP Subject to the terms and conditions of this AGREEMENT, SELLER grants to BUYER exclusive ownership of

2 the PUPPY. Ownership is non-transferable if the BUYER does not pay for the PUPPY in full. 2. CONSIDERATION TO SELLER i) BUYER shall pay, prior to delivery of the PUPPY, any and all fees set forth by SELLER, unless otherwise outlined in section 20 of this AGREEMENT. ii) Fees include any shipping, duties, bank fees, sales, use, excise or similar taxes due. If SELLER is required to pay any such amounts, BUYER shall pay any such amounts to SELLER in full. 3. TERM The ownership granted hereunder shall continue unless and until terminated pursuant to Section 4 or 13 hereof and subject to BUYER'S proper performance of its obligations hereunder. 4. TERMINATION SELLER may terminate this AGREEMENT immediately, without notice to BUYER, if BUYER is in default of any of the terms and conditions of this AGREEMENT. 5. AVAILABILITY OF PUPPY SELLER shall use his best efforts to make the PUPPY available to the BUYER, according to the terms and conditions of this AGREEMENT, after receipt of the purchase funds. SELLER shall use his best efforts deliver the PUPPY to the BUYER according to the terms and conditions of this AGREEMENT, after receipt of the purchase funds, unless delivery is not included in this AGREEMENT. 6. WARRANTY DISCLAIMER i) SELLER offers, and BUYER accepts, the PUPPY "AS IS." SELLER DOES NOT WARRANT THAT THE LIFE OF THE PUPPY WILL BE UNINTERRUPTED OR MAINTENANCE FREE. ii) Within 1 (one) year of purchase, should PUPPY be found to have significant inherited health issues, SELLER shall, at SELLER S discretion, issue a refund or replacement, if one is available, which is limited in value to amounts actually paid hereunder by BUYER to SELLER. BUYER shall notify SELLER within 30-days of discovery of any significant inherited health issues. BUYER shall provide SELLER with adequate proof that inherited health issues exist. Proof of significant inherited health issues must be issued directly to SELLER from a licensed veterinarian, and not from the BUYER. Within 30-days of discovery, BUYER S veterinarian shall provide adequate proof to SELLER that the health issues are indeed inherited. SELLER determines what constitutes adequate proof. 7. LIMITATION OF LIABILITY SELLER S LIABILITY TO BUYER UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID

3 HEREUNDER BY BUYER TO SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING INJURY, LOSS OF LIFE, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS OR SERVICE, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY. 8. NOTICES All notices in connection with this AGREEMENT shall be in writing and may be given by certified USPS mail only. For purposes of this AGREEMENT, a notice shall be deemed effective upon delivery. 9. SUCCESSORS This AGREEMENT will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein. 10. SEVERABILITY In the event any provision of this AGREEMENT is determined to be invalid or unenforceable, the remainder of this AGREEMENT shall remain in force as if such provision were not a part. 11. GOVERNING LAW/FORUM This AGREEMENT shall be governed and interpreted by the laws of the State of Florida, USA. Escambia County, Florida, USA shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive jurisdiction. 12. NON-ASSIGNMENT This AGREEMENT and the ownership granted by it may not be assigned, sub-assigned, or otherwise transferred by BUYER without the prior written consent of SELLER. 13. FIRST RIGHT OF DENIAL Unless the BUYER has paid for the PUPPY in full, BUYER is obligated to offer SELLER first option of ownership of the PUPPY, should the BUYER, for any reason, need to transfer ownership of the PUPPY. 14. EXPORT/IMPORT REGULATIONS BUYER understands that SELLER is subject to regulations that govern export/import or diversion of products to/from another country. BUYER warrants that it will comply in all respects with the applicable export/import regulations. BUYER agrees to indemnify and hold SELLER harmless from any loss, damages, liability or expenses incurred by BUYER as a result of BUYER S failure to comply with any export/import regulations or restrictions. BUYER agrees to fully pay SELLER for any loss, damages, liability or expenses incurred by SELLER as a result of BUYER S failure to comply with any export/import regulations or restrictions.

4 15. LEGAL FEES If BUYER is in default of any of the terms and conditions of this AGREEMENT, BUYER is responsible for paying any legal fees, which may be incurred by the SELLER in order to enforce this AGREEMENT. 16. REFUNDS BUYER understands that refunds, either partial or whole, are granted at the SELLER s discretion only. Deposits are non-refundable, except at the SELLER s discretion only. 17. KENNEL PREFIX OR SUFFIX BUYER understands that the kennel prefix, or suffix, TriLine s, or of TriLine, must be maintained on ANY AND ALL of the PUPPY S registrations, including but not limited to dog clubs, dog registries, or websites. 18. PET QUALITY OR SHOW QUALITY i) BUYER understands that IF the PUPPY is sold as pet quality, or for Pet home only, the PUPPY must be neutered or spayed at the earliest possible opportunity. BUYER agrees to never breed the PUPPY. SELLER will withhold any registration papers until BUYER produces proof from a licensed veterinarian that the PUPPY has been altered in accordance with this AGREEMENT. ii) iii) iv) BUYER understands that IF the PUPPY is sold as show quality, this means there were no known show faults at the time of purchase. However, show quality does not guarantee the PUPPY will ever become titled in a show ring. It is the BUYER s sole responsibility to properly train, handle, and show the PUPPY. For show quality puppies, SELLER advises BUYER to begin training for show within the first week of ownership. BUYER understands that there are factors beyond the correctness of a dog that can affect whether a dog becomes pointed in a show ring, or not. v) It is the BUYER s responsibility to notify the SELLER immediately if the PUPPY has show faults, which are detrimental to the show performance of the PUPPY. 19. NON-PAYMENTS, LATE PAYMENTS, OR DELINQUENCY If BUYER is in default of any payments due to SELLER, or payments are more than 30 days in arrears, SELLER may confiscate, and BUYER agrees to transfer ownership of, any collateral that was put forth by the BUYER for this AGREEMENT. Additionally, SELLER may place liens on any of the BUYER S personal property, such as motor vehicles, homes, or real estate. There is a 10% late fee for any payment that is 10 days or more past due. 20. ADDITIONAL TERMS AND CONDITIONS

5 This section is to be completed by the SELLER only. BUYER understands any and all of the additional terms and conditions that are outlined in this section. 21. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior AGREEMENTs, discussions and understandings, express or implied, concerning such matters. This AGREEMENT shall take precedence over any additional or conflicting terms, which may be contained, in BUYER S previous version(s) of this AGREEMENT. 22. AKNOWELDGEMENT BUYER hereby understands and agrees to any and all of the terms and conditions as set forth in this AGREEMENT. Date: BUYER Signature: * Required for credit. Optional otherwise. American Bully BUYER S AGREEMENT Version ã2014 TriLine Kennels AmericanBully.pro This work is licensed under a Creative Commons Attribution 4.0 International License.

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