GOLDENDOODLE PURCHASING CONTRACT

This agreement is made between FOX CREEK FARM, INC., of Berkeley Springs, West Virginia, and ______________________________ (Buyer), who enters this agreement for the sale and purchase of the dog identified below:

1. DOG IDENTIFICATION:

​Sex: __________​ Date Whelped: ______________________

​Color: _________ ​​Microchip #:_________________________

2. CONSIDERATION

The consideration for this contract is the sum of $__________, due and owing in U. S. Currency and payable in full upon the execution of this contract. Should said funds not be readily collectible by Seller, for example, a refusal by a bank to honor a check tendered by the Buyer, Seller shall be entitled to recover from Buyer all reasonable attorney fees and court costs incurred to obtain full payment.

3. SELLER REPRESENTATIONS AND CONDITIONS OF WARRANTY

Seller provides Buyer with two basic warranties.

First, Seller generally warrants dog against basic defects. Seller agrees to rehome the dog and refund the purchase price should the Buyer give Seller written notice of specifically identified and documented defects in the dog and meet the following terms and conditions:

a) The request to have Seller accept the return of the dog must be made within five (5) days of the sale;

b) The request must be accompanied by a written statement from a licensed veterinarian describing all conditions which are the basis of the request;

c) An indeterminable or inconclusive diagnosis by the licensed veterinarian will not meet the conditions of this warranty;

d) Buyer must pay, in advance, all shipping fees incurred in returning the dog to Seller;

e) The dog must not have been subjected to mistreatment or show evidence of injury while in Buyer’s custody.

f) After 5 days, no refund is given for the return of the dog regardless of the reason for the return.

Second, Seller warrants the dog against genetic defects that result in necessary surgery or in the rare instance of death of the dog subject to the following terms and conditions:

a) The claim for reimbursement of surgery expenses incurred as a result of a genetic defect must be presented within two (2) years of the sale of the dog;

b) Genetic defects that qualify under this warranty are those related to hip, heart, elbow, patella, eye, or life-threatening issues.

c) The claim must be accompanied by the written opinions of two qualified, licensed veterinarians that the surgery expenses were necessary and reasonably incurred to rectify the genetic defect. An official OFA hip rating will qualify as a second opinion regarding a hip defect claim.

d) Umbilical hernia repairs will be reimbursed up to $200.

e) All other surgical expenses that qualify for reimbursement of surgery expenses under this paragraph will be limited to a maximum amount that is equal to fifty percent (50%) of the purchase price paid for the dog.*

f) Fox Creek Farm believes in the quality and integrity of PawTree products. Seller will extend the standard two-year genetic defect warranty to four years if Buyer feeds pawTree kibble as the primary source of nutrition to your puppy AND IF Buyer gives the dog Core 4 pawTree product pack daily. A high-quality food is considered critical to the overall health of this puppy. Proof of continued daily feeding of pawTree kibble and Core 4 product pack must be provided with any warranty claim to exercise this two-year warranty extension.

g) In the rare case of death resulting from genetic defects of a dog under two years of age the dog will be replaced with a puppy free of charge. To qualify under this paragraph, anecropsy report completed by a qualified licensed veterinarian must demonstrate that the death was the result of a genetic defect.

LIMITATIONS ON WARRANTIES

*Fox Creek Farm provides a certificate for 30 days of free health insurance through Trupanion(not available for NY residents to whom this provision does not apply.) A provision of this agreement is that the Buyer will activate this free health insurance. It is your responsibility as Buyer to enroll your puppy within the first 24 hours of possession with Trupanion in order toobtain this free coverage and be entitled to the warranties in this agreement. Because this insurance is made available free of charge, any claims must be submitted to Trupanion and Seller’s reimbursements will be limited to the amount of the deductible during the first 30 days after purchase of the dog.

Buyer’s Initials __________

All warranties provided under this agreement apply only to the original buyer. The transfer of the dog to a third party will void all warranties. The use and application of any oral flea and tick preventatives will void all warranties as the FDA warns that these products may cause neurological damage to dogs. The use of ProHeart 6 and other injectable heart worm preventatives will also void all warranties. Breeding rights do not transfer with the dog and all warranties are null and void unless the dog is spayed or neutered before 12 months of age with proof of the spay/neuter provided to Fox Creek Farm within 30 days of the procedure. Seller cannot and does not guarantee that the dog will not shed or cause an allergic reaction to persons. Buyer understands that Seller’s prediction of coat type, height, and weight at adulthood are estimates only and are based on Seller’s goal to match puppies with families appropriately.

Under no circumstances shall the Seller be liable to the Buyer or to any third party for a dog that has been subjected to abuse, accident, negligence or misuse. Seller will not be liable to Buyer or any third party for any consequential or incidental damages resulting from or in any manner related to the dog. Buyer agrees to indemnify and hold harmless Seller from any and all claims asserted by third parties against Seller related to the dog.

4. BUYER’S OBLIGATIONS

BUYER agrees that this puppy is sold and accepted by Buyer as a family pet and does not convey with breeding rights. Buyer therefore agrees to have the dog spayed or neutered prior to 12 months of age and agrees to provide Seller with written proof of the same from a licensed veterinarian before the dog reaches 13 months of age. This obligation is a central term of the agreement and Buyer agrees that this obligation is material to the consideration paid for the dog. Should the Buyer fail to abide by this term of the contract Seller will be entitled to collect from Buyer, a cash sum in liquidated damages equal to five (5) times the purchase price paid for the dog and Buyer agrees to pay this sum to Seller and further agrees to pay Seller ten (10) times the purchase price of this puppy for every litter produced. Should Buyer violate any of the terms of this paragraph, Seller will be entitled to collect from Buyer any and all legal fees reasonably incurred in its enforcement.

Buyer’s Initials __________

Buyer understands that following delivery of the dog to Buyer, all veterinary care and its associated costs are the sole and exclusive responsibility of the Buyer.

Buyer agrees to maintain this dog in good health, provide preventative health care including, but not limited to, inoculation, internal parasites, and -where indicated- heartworm preventative medication. Your Goldendoodle is to be housed indoors and fed a proper quality food and maintain your dog at a healthy weight. Buyer agrees to postpone strenuous, repetitive exercise (such as agility training or running multiple miles a day) until the dog reaches at least one year of age. Buyer agrees to provide basic obedience training within the first year of ownership. By accepting the dog, you agree to never place this dog in a shelter, pound, or similar facility including a research laboratory. If you place this dog in a shelter, pound, or similar facility or a research laboratory you will be subject to a fee due the Seller equal to the purchase price and Seller will be entitled to collect from you any and all legal fees reasonably incurred in the collection of said sum.

5. CONFIDENTIALITY OF DISPUTES

Buyer and Seller agree that in the event of a dispute between them, neither will publish or communicate the existence or content of such dispute in any media or forum, including social media, provided that this provision shall not be interpreted so as to prevent either party from bringing legal action or engaging in confidential mediation under the rules in West Virginia regarding the use of mediation to resolve legal disputes.

6. FULL AND FINAL AGREEMENT

The parties agree that this writing represents the entire Agreement between them and that no other representations, either oral or written have been made regarding the dog described above. The parties further agree that this contract may not be modified except by written agreement signed by both Seller and Buyer.

Buyer certifies that he/she has read this contract and understands the terms which are binding upon Buyer.

This contract is made in Morgan County West Virginia and it is agreed that jurisdiction and venue for any action arising therefrom lies in said County and State.

SELLER’S SIGNATURE (FOX CREEK FARM, INC. OWNER):

___________________________________​ DATE ____________

BUYER’S SIGNATURE​:

___________________________________ DATE ____________

BUYER’S ADDRESS: _________________________________________

BUYER’S PHONE NUMBER: ___________________________________