Duty Dogs

JRT Purchase Contract

Non Breeding Contract

MADE BETWEEN:
Duty Dogs
of 1567 Black River Road, NS B4P2R1
(Hereinafter referred to as “DD”)
OF THE FIRST PART
AND

__________________________________________________________________________________

Purchasers Name
of 

__________________________________________________________________________________

Address
(Hereinafter referred to as “The Purchaser”)
OF THE SECOND PART

 1. PURCHASE AND TRANSFER Upon Payment of the sum of $1500.00 paid by the Purchaser to the Breeder (the “Purchase Price”), receipt of which is hereby acknowledged, the Breeder grants, sells, conveys and transfers ownership of the following dog (the “Dog) to the Purchaser. The dog is being sold as a pet. Herin after referred to as "Dog"
Purchaser’s initial_____ 

Breed: Jack Russell Terrier
Date of Birth: 
Sex:                   Microchip:  
Sire Name:                                                 
Dam Name: 
Breeder: Duty Dogs
 Date Aquired: 
State of Health: Vet Certificate Form A Attached, vaccine passport with deworming schedule relinquished to Purchaser

1.HEALTH WARRANTY (THE “HEALTH WARRANTY”) The Breeder hereby guarantees against all genetic defects, deformities, or sickness of the Puppy, discovered within 72 hours from 12:00 a.m. on the day following the Date of Sale (the “Health Warranty Period”), and confirmed in writing by an accredited veterinarian as a recognized sickness or genetic defect or deformity discovered within the Health Warranty Period. The Purchaser has no right to a remedy under the Health Warranty unless notice in writing of the alleged defect, deformity, or sickness is received by the Breeder within the Health Warranty Period. Purchaser’s initial_____ 

2. FATAL GENETIC DEFECT WARRANTY (THE “FATALITY WARRANTY”) The Breeder hereby guarantees against genetic defects directly causing the death of the Puppy. This Fatality Warranty applies whether the death of the Puppy be by way of euthanasia or otherwise. The Purchaser has no right to a remedy under the Fatality Warranty unless death of the Puppy occurs within one year of the Date of Sale (the “Fatality Warranty Period”). In the event the Puppy is euthanized, the Purchaser has no right to a remedy under the Fatality Warranty unless the Breeder receives an opinion in writing of an accredited veterinarian that the euthanasia of the Puppy was desirable by reason of sickness or disease caused directly by genetic defect discovered within the Fatality Warranty Period. If death of the Puppy is not caused by euthanasia, the Purchaser has no right to a remedy under the Fatality Warranty unless the Breeder receives an opinion in writing of an accredited veterinarian that the Puppy’s death was caused directly by genetic defect discovered within the Fatality Warranty Period. Purchaser’s initial_____ 

3. PURCHASER’S REMEDIES The Purchaser’s sole remedy for breach of the Health Warranty is replacement of the Puppy with another puppy of the Breeder’s choice of the same gender and breed, upon return of the Puppy to the Breeder. In no circumstances will the Purchaser be entitled to any remedy under the Health Warranty without first returning the Puppy to the Breeder. On delivery of confirmation in writing by an accredited veterinarian that the Puppy is subject to a sickness, genetic defect or deformity discovered within the Health Warranty Period, the Breeder will assume all shipping charges for return of the Puppy to the Breeder. At the Breeder’s sole option, the Breeder may refund the Purchase Price in lieu of providing a replacement puppy. The Purchaser’s sole remedy for breach of the Fatality Warranty is replacement of the Puppy with another puppy of the Breeder’s choice of the same gender and breed. On delivery to the Breeder of an opinion in writing of an accredited veterinarian that the euthanasia of the Puppy was desirable by reason of sickness or disease caused directly by genetic defect discovered within the Fatality Warranty Period, or upon delivery to the Breeder of an opinion in writing of an accredited veterinarian that the Puppy’s death was caused directly by genetic defect discovered within the Fatality Warranty Period, the Purchser will assume all shipping charges for delivery of the replacement puppy to the Purchaser. Without restricting the generality of the foregoing, the Purchaser is not entitled in any way to any remedy against the Breeder for veterinary or medication expenses incurred by the Purchaser after the Date of Sale. At the Breeder’s sole option, the Breeder may refund the Purchase Price in lieu of providing a replacement puppy. Purchaser’s initial_____ 

 4. PURCHASER’S OBLIGATION TO SPAY OR NEUTER The Purchaser hereby promises to have the Dog spayed or neutered (as applicable) by an accredited veterinarian experienced with the  breed within 18 months of the Dog’s birthdate. The Purchaser hereby promises to provide the Duty Dogs with confirmation in writing (via email duty-dogs@hotmail.com)  of the Dog’s sterilizing by way of a spay or neuter certificate, or copy thereof, signed by an accredited veterinarian and delivered to Duty Dogs within 19 months of the Dog’s birthdate. The Purchaser further promises not to breed the Dog at any time. The parties hereby agree that upon failure of the Purchaser to provide a spay or neuter certificate to Duty Dogs within 19 months of the Dog’s birthdate, the Breeder will be entitled to liquidated damages in the sum of $10,000.00 plus return of the dog, and the parties agree the said sum is a genuine pre-estimate of damages for breach of this condition. Purchaser’s initial_____ 

5. BREEDER’S RIGHT OF Puppy Return; The Purchaser agrees that if for any reason, they cannot keep the dog, he/she is to be returned to the breeder at Purchasers expense. The purchaser also agrees that there will be no monetary compensation.  The Purchaser shall not sell, transfer property in or otherwise dispose of the Dog at any time without first providing the Breeder the right to reclaim. The Purchaser shall not sell, transfer property, surrender to a shelter or rescue or otherwise dispose of the Dog under this clause  . Purchaser’s initial_____ 

6. EXCLUSION OF STATUTORY CONDITIONS, WARRANTIES, AND OTHER CAUSES OF ACTION The Purchaser agrees that the Health Warranty and the Fatality Warranty are in lieu of all warranties, express or implied, by operation of law or otherwise. The parties agree to exclude any implied warranty of merchantability, fitness for purpose or any other express or implied conditions or warranties arising from the Sale of Goods Act or Fair Trading Act of the Province of Nova Scotia or similar legislation of the Province of Nova Scotia or any other jurisdiction. The Health Warranty and the Fatality Warranty are the only warranties given by the Breeder, and without restricting the generality of the foregoing, the Breeder is not liable for any veterinary bills or medication expenses arising after the Date of Sale, or for death of the Puppy due to accident, injury, abuse or neglect, or for compatibility of the Puppy with other animals. The Parties further agree that the Breeder will not be liable to the Purchaser in tort or for any consequential damages in contract for any incident resultant from or in any way connected to this contract or the Breeder’s breeding of the Puppy, and specifically the Breeder will not be liable to the Purchaser for negligence or gross negligence. The Purchaser hereby agrees to indemnify the Breeder against any liabilities, damages, or other any remedies whatsoever any third party may have against the Breeder in any way relating to the Puppy arising after the Date of Sale, for personal injuries or otherwise, including liability for negligence or gross negligence. Purchaser’s initial_____ 

7. FORUM FOR DISPUTE Each party hereto agrees that the courts of the Province of Nova Scotia, Canada, shall have exclusive jurisdiction to settle any dispute and/or controversy of whatsoever nature arising out of or relating to this contract or the sale of the Puppy, and that accordingly any suit, action, or proceeding arising out of or relating to such matters shall be brought in the courts of the Judicial District of Duty Dogs, in the Province of Nova Scotia, Canada, and to this end, each party hereto irrevocably agrees to submit to the jurisdiction of the courts of the Province of Nova Scotia, Canada. Purchaser’s initial_____ 

8. EXECUTION This Agreement is deemed to be made and is effective as of the date of the Breeder’s signing of the Agreement (the “Date of Sale”). It is understood that the Purchaser is to first sign the Agreement and deliver the same to the Breeder along with the full Purchase Price and all applicable taxes. After receipt of the signed Agreement, the Breeder will deliver an executed copy of this Agreement to the Purchaser along with delivery of the Puppy. Purchaser’s initial_____ 

 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and no changes can be made, save for in writing and signed by both parties. Other than the Health Warranty and the Fatality Warranty, the parties agree there are no other conditions agreed to, representations made or warranties given, express or implied in connection with the making of this agreement or pertaining to the sale or delivery of the Puppy. Without restricting the generality of the foregoing, the Breeder is not liable for any veterinary bills or medication expenses arising after the Date of Sale, or for death of the Puppy due to accident, injury, abuse or neglect. Purchaser’s initial_____ 

 IN WITNESS WHEREOF THE PARTIES HERETO BY THEIR RESPECTIVE HANDS AND SEALS HAVE ENTERED THIS AGREEMENT MADE EFFECTIVE ON THE DATE FIRST ABOVE WRITTEN. ALL OF WHICH IS AGREED TO THIS _______ DAY OF ____________________, 20_____, at __________________(Place).

Per: Purchaser _____________________________________________________________________

 Per: Duty Dogs __________________________ ___________________________ Christina Spencer