Sales Agreement
Sales Agreement
Date:
Buyer:
Name:
Street #:
City, State, Zip Phone #:
Email:
Purchase price:
Pay Pal Fee:
Litter registered with:
Status: Full/Limited Spay/Neuter Contract: Yes/No Microchip # DOB:
Dam: Sire:
Dates of Vaccinations:
Next Vaccination Due:
Type of Vaccination:
Dates Wormed:
Health Cert:
Shipping/Handling: Total:
AKC Registration
Breed: Chihuahua Sex: Color: This agreement is a legal instrument between Buyer and Seller (Hollywood Chis, Inc./Hollywood Chihuahua) Buyer agrees that Buyer has read and understands this Agreement and that no other guarantees or warranties have been made either expressed or implied by the Breeder/Seller. This Agreement contains the complete expression of the terms and conditions governing the matters covered by this Agreement and Buyer and Seller stipulate that no amendments or modifications to this Agreement are permitted unless they are in writing and signed by the Buyer and Seller.
Limitation of Liability. Buyer agrees and confirms that it is impractical, if not impossible, to estimate the actual damages, if any, that may result from failure on the part of Seller including any act or omission relating to the sale provided under this Agreement. Buyer agrees that Seller is exempt from liability for personal injury or property damage or loss related to this Agreement. Buyer agrees that if Seller shall be found liable for injury, loss or damages in any respect, Seller’s liability shall be limited to Two Hundred Fifty Dollars ($250). Seller makes no warranties or guaranties other than those expressed in writing by Seller. Seller disclaims the implied warranty of merchantability and any implied warranties of fitness for any particular purpose. No employee, agent or other representative of Seller has any authority to make any additional express warranties or otherwise vary the terms of this Agreement.
Alternative Dispute Resolution. The following mandatory and binding dispute resolution process applies to any claim or dispute between Buyer and Seller related to this Agreement, the sale under this Agreement and the animal covered by this Agreement and is the exclusive process for presenting and determining any Claim between the parties as defined below. Any claim, complaint or dispute of any kind (collectively “Claim”) by Buyer must be submitted in writing to Seller with an explanation of the legal basis for the Claim. Within 20 days of submission of the Claim by Buyer, Buyer and Seller shall meet in person in Orange County, Florida at a location selected by Seller and use their “best efforts” and good faith to try to resolve the claim. If the Claim is not resolved within 30 days after being delivered to Seller, Buyer and Seller must submit the claim to formal mediation before a mediator jointly selected by the parties in Orange County, Florida. If the Claim is not resolved at mediation within 90 days of its submission to the mediator, and only if an impasse is reached after formal and in-person mediation, the Claim must be submitted to binding arbitration before a single Arbitrator pursuant to the Rules of the American Arbitration Association conducted in Orange County, Florida. The Arbitrator’s decision shall be in writing and contain findings of fact and conclusions of law. The failure of Buyer to comply with any terms of this provision constitutes a waiver of the Claim(s) and is a material breach of this Agreement entitling Seller to damages and attorney’s fees. Buyer knows that he or she is giving up any right to litigate any claims against Seller in a court or to have a jury trial for such claims including certain statutory claims, including but not limited to those under Section 828.29 of the Florida Statutes. Buyer understands it must still otherwise comply with the requirements, deadlines and conditions precedent under Section 828.29 or other statutes notwithstanding this Alternative Dispute Resolution Provision. Buyer knows the difference between this alternative dispute process and going to court and prefers this alternative because it is likely to be more efficient and effective at resolving any dispute and less costly than going to court.
In the event of any arbitration or formal dispute between the parties governed by this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. Seller shall also be entitled as contract damages to the recovery of any reasonable attorney’s fees it incurs in enforcing its rights under this Agreement or in responding to any complaints by Buyer that are not legitimate or substantiated regardless of whether a formal dispute between the parties takes place.
Non-disparagement. Buyer agrees to refrain from publishing or making any oral or written statements disparaging the Seller or Seller’s, owners, officers, employees, consultants, agents or representatives. Disparaging statements include, but are not limited, to those that (i) are derogatory, unfavorable or pejorative; (2) are slanderous, libelous or defamatory; or (ii) place the Seller in a negative or false light before the public. Buyer agrees that a violation or threatened violation of this prohibition may be enjoined by the courts. Buyer agrees that a violation or threatened violation of this provision would cause Seller irreparable harm, that Seller would not have an adequate remedy at law for such violation due to the likely damage to Seller’s reputation and that a temporary injunction may be entered to enjoin the violation or any future violation and would include an order directing Buyer to retract such statements and remove any disparaging statements published on the internet or in any media or publication. Buyer agrees that the damages that could be caused by a violation of this provision are difficult or impossible to estimate. Accordingly, Buyer agrees that each violation of this provision entitles Seller to $50,000.00 in liquidated damages immediately due and payable to Seller upon publication of a statement that violates this provision. By signing this Agreement, Buyer agrees and acknowledges that all disagreements, disputes and claims between the Buyer and Seller are to be handled privately and cordially and are governed exclusively by the Alternative Dispute Resolution Provision in this Agreement. A violation of this non-disparagement provision is also a separate violation of the Alternative Dispute Resolution Provision of this Agreement entitling Seller to additional and separate damages for breach of contract and for attorney’s fees.
Confidentiality. Buyer and Seller agree that neither they nor their attorneys nor any other representatives shall reveal to anyone, other than as may be mutually agreed to herein or required or permitted by law or order of court, the existence or nature of any claim or dispute between the parties or the terms and conditions of this Agreement.
Indemnification. Buyer shall indemnify Seller for all costs, expenses, liabilities, and fees, including attorney’s fees, which may be incurred as a result of Buyer’s breach of this Agreement.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of laws or conflict of laws principles.
Notices: Any notices required by this Agreement must be in writing and sent to the other party at the address shown in this Agreement.
This contract is valid for the original purchaser of the dog from Hollywood Chihuahua (Seller). If the dog is transferred to another owner then this contract is null and void, as Seller has no way of knowing how the dog is cared for or who the puppy is placed with.
I agree to e-mail the dated Vet report stating the puppies current health condition and a copy of the invoice showing procedures and care provided by vet to the breeder as proof of exam, the day of the exam. If breeder is not provided with report and invoice showing procedures and care provided, this contract is null and void. _____Initials
This puppy is registered with AKC and is sold with a Full/Limited registration status. All vaccinations and deworming are current at time of sale. A vaccination record will be provided as verification of events. _____Initials
It is Buyer’s responsibility to have this puppy examined by a licensed Veterinarian of their choice within 2 business days of taking possession of this puppy. If the puppy is found to have a life threatening congenital defect (heart, kidney, lung) or health problem at this exam, a replacement puppy of equal value will be given. The replacement will be subject to availability within 12 months. _____Initials
The puppy must be timely returned with a signed compliant document from the Veterinarian stating the defect and it will need to be discussed with a Veterinarian of Seller’s choice before any exchange is granted. Seller is not responsible for illness or health problems that are diagnosed after the time periods provided in, or Buyer’s failure to otherwise comply with, Section 828.29 of the Florida Statutes. _____Initials
All medications and vaccines stated on pet’s medical records are given by us. We are not responsible should an overload occur due to your Veterinarian doubting our records, which can make the puppy sick or even possibly cause death. No vaccine is to be given to puppy until one week after taking possession of puppy, if given within the one week of delivery of puppy this contract is null and void. If you or your Vet give Nasal Bordetella instead of Injectable Bordetella or Bordetella is given before one week has passed from delivery, this contract is null and void. Premedicating with Cortisone and Benadryl prior to the vaccines is HIGHLY RECOMMENDED. Cortisone should prevent soreness at the site of injection and the Benadryl should reduce the chances of an allergic reaction. Please have your Veterinarian call us if they have question regarding the vaccines at 787-702-5961. _____Initials
Seller will not be responsible for illness or death due to Hypoglycemia or vaccine overload. Please read attached information sheet on hypoglycemia. _____Initials
Seller will not be responsible for Parvo or Distemper virus after 7 days of the sale, as these are viral diseases and they can be contracted immediately after leaving our facility. We implore common sense to the Buyer to not take the puppy to any public areas or around other puppies until the vaccination schedule has been completed. _____Initials
Seller guarantees this puppy until one year of age (from date of birth) against life threatening congenital defects, (heart, kidney, lungs). If within that time period a life threatening congenital defect is found, Seller will, as the limited and exclusive remedy for such defect, replace this puppy with another of the same breed, quality, and sex. The replacement will be subject to availability (within 12 months). Seller will not be responsible for life threatening congenital defects that are diagnosed after this time period. In the unlikely event of this puppy’s death in the first 12 months, due to a congenital defect, a necropsy from a state veterinary lab confirming such an event and cause is required before the Seller will take any action regarding congenital defects. Necropsy is performed at buyer’s expense. In addition, a photo of the deceased puppy must be sent with the necropsy report for I.D. verification. Under no circumstances is this puppy to be euthanized without Seller’s knowledge and consent. Under no circumstances will Seller be responsible for veterinary or medical bills incurred. _____Initials
Seller is not obligated to refund any or the entire purchase price except as stated in conditions above. Violations of the terms of this contract renders all guarantees null and void and may result in the Buyer being required to return the puppy to the Seller at the Buyer’s expense. If the Buyer violates this agreement, the responsibility of any/all legal costs the Seller acquires enforcing this contract is to be paid by the Buyer. _____Initials
Replacement puppy exception: As stated above with exception to a second replacement puppy. Seller only agrees to replace a puppy to the owner on a One Time Basis Only. Seller will replace only one time from original puppy. _____Initials
Buyer must notify us before selling or placement of puppy into a new home. Seller has first right of refusal to buy puppy back for no more than original purchase price, this does not include any shipping that was charged or any show fees incurred. If puppy has attained his AKC Champion title, then purchase price will be no more than original purchase price plus a thousand and fifteen hundred more if he has attained his AKC Grand Champion title. At no time will said puppy be sold to another breeding home without prior approval and written consent from Hollywood Chihuahua/ Vanesa S Semler. If buyer sells puppy without prior written consent, buyer will incur a $2,000 penalty. There will be no refunds due to incompatibility, allergies, or landlord disputes. Please call us if you are having problems. We do not want to see one of our babies in an animal shelter. We will try to help you find a new home for them if the need arises. Seller has first right to buy back puppy/dog that has Full AKC Registration at no more than initial sales price. _____Initials
At any time if you cannot care for this pup, he/she will always have a home with us available; under no circumstances is this pup ever to go to an animal shelter or rescue. Just because I will offer a forever home does not mean a refund. _____Initials
Buyer warrants that he/she will not knowingly offer this puppy or any of its offspring’s to brokers, pet shops, or puppy mill. If buyer is found to be selling the dog, or puppies in such a way, buyer will incur a $2,000 penalty for each puppy found to be sold in this way. _____Initials
Although we try to predict grown size and color, we do not guarantee either. I Do Not Guarantee: bites, (can go off at teething) ears (during the teething stage, which can last a few months, the ears may go up and down. They may also go up and down several times during one day. Taping the ears can be helpful and should be done if you are concerned that they will not become erect), Molera (have or not), testicles, (can take 7 months to drop all toy breeds can be this way), fertility, patella’s, hernias, calcium drops or blood sugar drops, size when full grown, color of coat, or quality of coat (blues can really go into the ugliest in coat from the time they lose their puppy coat until the adult coat comes in, their coat can look very poor, this may take 12 to 14 months. This can also apply to other colors also, some after they lose the puppy coat. I do not guarantee against allergies or skin problems. (Allergies can be caused by, your type of grass, dog food (corn is the most common), soaps, new home carpet, cedar and pine chips, bug killers on your lawn or in your home, etc.) Seller does not guarantee that the dog sold with open AKC papers, will be show or breeding quality, free whelping (meaning. it "may" on occasion, require a cesarean section), or that both testicles will drop. Do not buy a puppy if you want bite, ears, size and testicles guaranteed and do not pick a show prospect out of the nursery and want a guarantee that the pup will be a show dog. If you want guarantees for bite, ears, testicles and a show prospect then a show contract will be required. Seller also does not guarantee against Coccidian/Giardia - many puppies are prone to outbreaks of either coccidian and/or giardia under stressful circumstances. The symptoms can arise in a 12 hour period, and cannot be prevented by the Seller, because there are no signs until the puppy is stressed, and their immune system drops. All precautions have been made, but the Buyer should take the puppy to the vet immediately if puppy develops unusual stool, begins vomiting, or has loss of appetite. Collapsing Trachea - this is a common thing in Chihuahuas when they get excited, and has not been found to impose a health risk, but can be somewhat annoying to some people. _____Initials
All digital images are property of Hollywood Chihuahua and are not to be posted or reproduced in any format without prior written consent from Hollywood Chihuahua, this is to include, web sites, Facebook, MySpace, Instagram, Pinterest and any other social networking sites, posting forums, webrings or chat rooms. If consent is given, photos must have the Hollywood Chihuahua watermark. Watermark cannot be covered up, distorted, changed or hidden in any way. Photos cannot be cropped, touched up or altered in any way. No Hollywood Chihuahua digital images can be used for advertising, marketing or logos. _____Initials
Buyer also agrees by signing this contract that the prefix of the dog purchased registered name must start with Hollywood Chihuahua and no other kennel name will be included in registered name unless agreed upon in writing between Hollywood Chihuahua and Buyer. _____Initials
At no time will buyer offer up stud service to dog purchased. _____Initials
Separate spay/neuter contract to be signed: Yes/No _____Initials
This written agreement is the entire agreement between Seller and Buyer of the animal (as signed below) concerning the health and condition or loss of the puppy purchased today. I understand and accept the terms and conditions as stated herein.
Seller makes no guarantees or warranties regarding the sale and puppy covered by this Agreement unless expressly made herein.
Seller: _______________________________ Date: ________ Hollywood Chis, Inc.
4181 Citrus St Kissimmee, FL, 34746
Buyer: ______________________________ Date: _________ Address: ____________________________________________ Hypoglycemia This is a central nervous system disorder caused by low blood sugar. It occurs mainly in Toy Breeds, between 6 and 12 weeks of age. Stress is the leading cause.
The signs are those of listlessness and depression and are followed by muscular weakness, tremors (especially the facial muscles) and later, convulsions, coma and death. The entire sequence is not always seen and may simply appear to be depressed, or he may be wobbly, jerky and may go into a coma.
Hypoglycemia can occur without warning, when a puppy is placed into a new home, or while being shipped. Symptoms might appear after a puppy misses a meal, chills or becomes exhausted from too much playing or has a digestive upset. These upsets place an added strain on the energy reserves of the liver and bring on symptoms (if the dog is susceptible). Treatment Begin at Once! Treatment is directed at restoring blood levels of glucose. Give the puppy a mouthful of Nutri-Cal (Canine Supplement). If he cannot swallow it all at once, it will begin to absorb under the tongue and should start bringing him back to a conscious state so that it will be able to swallow the rest. When he can swallow, give him water (about 1 cc at a time so he doesn't choke). Continue to give him Nutri-cal and water about every 10 minutes until he is conscious and moving about. CALL US IMMEDIATELY!! If we cannot be reached call your Veterinarian. If the puppy does not respond, call your Veterinarian immediately!! The puppy will need Sub-Q injections of lactated ringer's solutions every 4 hours for about 2 days for hydration. He may also need some antibiotic to combat secondary infections that can arise from the lowered immune system that results from hypoglycemia.
If you do not have Nutri-cal (canine supplement) you can temporarily substitute this with honey or syrup until you can purchase Nutri-cal. As soon as the puppy begins to recover, give him some canned food and try to get him to eat. You will also need to begin some Pepto-Bismol to help him from getting bad diarrhea. The large dose of Nutri-Cal or syrup will probably cause some diarrhea to occur, but is usually self-limiting.
To prevent recurrent attacks make sure the puppy eats at regular intervals. He should have dry food available at all times and should be fed canned food at least 2 times a day. A daily vitamin should be given, (Nutri-Cal 1 cc 2 or 3 times a day) also cottage cheese or yogurt can be added to the diet.
Owners of toy puppies should not allow them to become overtired or chilled. Play time should be limited and controlled to prevent undue stress and tiring. Hypoglycemia must be offset by frequent feedings. A puppy who does not eat frequently, for whatever reason is heading for trouble.
WE DO NOT GUARANTEE AGAINST THIS CONDITION.
Each puppy will go home with a tube of Nutri-Cal.
These materials are given for informational purposes, as suggestions only and should be confirmed by your veterinarian. Any medical treatment of your puppy must be approved by your veterinarian.
I have read and understand.
Buyer: ______________________________ Date: _________ Vaccine & Bordetella Reactions Distemper Parvo LA and Corona Virus Vaccine Although these vaccines are generally safe and effective, occasionally pets may experience one or more of the following conditions due to vaccines. Chihuahuas however being so small are more likely to have a reaction than a larger dog. Please keep a very close eye on your pet after they have received vaccines. If your Chihuahua exhibits any of these symptoms, give them a little Nutri-Cal every few hours to ensure that they do not become Hypoglycemic and call your Vet immediately! Mild lethargy Muscular soreness - If pre-medicated with Cortisone this should not happen!
Decreased appetite Mild Fever Mild vomiting or diarrhea These mild reactions usually do not last more than 24 hours. If your pet exhibits any of these symptoms please call your Vet immediately do not wait to see if they go away!
Rarely, pets may experience more serious conditions soon after vaccination.
Swelling of the face or ears - If pre-medicated with Benadryl this should not happen!
Hives or significant itching - If pre-medicated with Benadryl this should not happen!
Difficulty breathing - If pre-medicated with Benadryl this should not happen!
Significant lethargy Significant vomiting or diarrhea Fluid buildup or infection at the injection site If your pet exhibits any of these signs or other signs of illness or abnormality, bring him to your Vet immediately! He or she may need medication to treat the reaction. Please contact your local Emergency Veterinary Service if a problem occurs after your Vet’s regular business hours.
Occasionally, pets that have received injectable vaccinations develop a localized reaction indicated by a small, hard lump under the skin where vaccines were administered (usually anywhere from dime to quarter size). Please have your Vet recheck you’re pet if this occurs. These lumps may take 1-3 weeks to appear and 2-6 weeks to resolve. They usually do not require treatment.
Rabies Very seldom, pets that have received a rabies vaccination may develop a small bald spot over the vaccination site. Please contact your Vet if this occurs. These spots are merely cosmetic and may be permanent in rare cases. Treatment may help reduce this possibility.
Bordetella
Pets receiving the nasal drop form of Bordetella (Kennel Cough) vaccination may experience a upper respiratory reaction approximately 3 days later and as early as 24 hours. Again this is a general statement made about dogs. Chihuahuas are more likely to become sick from the nasal Bordetella than the injectable. My personal experience with Chihuahuas has been that 9 out of 10 times the nasal Bordetella has been administered; they come down with Kennel Cough. Since I have elected to have injectable Bordetella administered, I have not had one Chihuahua get sick with Kennel Cough. Chihuahua puppies can get very sick, very fast from the nasal Bordetella. If you notice them being letharic or sneezing after the Bordetella vaccination call your Vet immediately and give Nutri-Cal so they do not become Hypoglycemic! Your Chihuahua will need to put on antibiotics immediately.
These materials are given for informational purposes, as suggestions only and should be confirmed by your veterinarian. Any medical treatment of your puppy must be approved by your veterinarian.
I have read and understand.
Buyer: ______________________________ Date: _________
This is a sample copy of our Spay/Neuter Agreement which will be signed when purchasing a puppy as "pet" only. This agreement is legal and binding. If purchasing a puppy as "pet only “you will be required to have your puppy spayed/neutered before any registration papers are received by the purchaser. AKC or APRI papers on dog or puppy will be withheld until notification of altering of the animal is received and verified.
Spay/Neuter Agreement
Permanent ownership of this dog is contingent upon your compliance with this Addendum. Proof of the spay/neuter must be received by the (PURCHASER'S NAME) within thirty (30) days after the surgery. In the event that the dog’s health does not allow this agreement to be honored, Hollywood Chihuahua must be provided with a statement from your veterinarian that this dog is not yet in physical or emotional condition for surgery. Based upon the veterinarian’s evaluation of this dog the (purchaser) will contact the veterinarian and establish the earliest date that the procedure can be performed. (PURCHASER) will notify Hollywood Chihuahua of this amendment in writing, at which time all other conditions of this agreement will apply and be enforced. _____Initials
This is the responsibility of the Buyer/PURCHASER, not the veterinarian, to ensure that Hollywood Chihuahua has received verification that the surgery has been performed. Failure to comply with this agreement by the date below, unless ,otherwise agreed to in writing, will be considered a breach of the Contract, and Buyer/PURCHASER will transport this dog back to Hollywood Chihuahua, and will not be entitled to a refund. _____Initials
By my signature below, I agree to have this dog spayed/neutered by no later than_____________________ and I understand that this spay/neuter agreement is an agreement that this dog will not produce a litter of puppies either as purposely bred or by accidental breeding. I also agree that should puppy not be altered that I will return said puppy back to Hollywood Chihuahua with no refund. _____Initials
Purchasers Signature: ___________________________________ Date: ____________________, 20__ Purchaser's Name:
(Please print):___________________________________ Address: ___________________________________________ City: ___________________ State: ____ Zip: ____________ Telephone number (home) :(______)______________ (Work Tel.):(______)_______________ Driver’s License Number: _____________________ Issuing State: ______ Breeder's Signature______________________________
SPAYING OR NEUTERING YOUR DOG IS HEALTHIER FOR THEM Neutering a male eliminates the possibility of testicular tumors and efficiently reduces the chance of prostate problems.
Neutering decreases the chance of perianal tumors and hernias that are common in older, unneutered males. Neutered males are less likely to escape a yard and find a female in heat.
This reduces the chance of them being hit by cars, getting into fights or lost.
Females spayed before their first estrous cycle reduces her chance of mammary tumors, ovarian cancer and uterine infection. A spayed female eliminates the neighborhood stray males from coming over or through your fence to breed with her.
Giving birth to a litter can be dangerous to your pet. What if they give birth when you’re not home and a puppy gets stuck and she can't get it out. You will have dead dogs on your hands. Spaying and neutering before sexual maturity has a temperament benefit. Males neutered early in life tend to be less aggressive. Neutered males are less likely to mark in the house.
A spayed female does not have hormonal mood swings and will make a far superior pet. A female with a litter can become very aggressive. Spaying makes your female a better companion.
Get a pet enjoy your pet and have them spayed or neutered it will lengthen their lives in the long run. Spay/Neuter Agreement SPAYING OR NEUTERING YOUR DOG IS HEALTHIER FOR THEM
Neutering a male eliminates the possibility of testicular tumors and efficiently reduces the chance of prostate problems.
Neutering decreases the chance of perianal tumors and hernias that are in older, unneutered males. Neutered males are less likely to escape a yard and find a female in heat. This reduces the chance of them being hit by cars, getting into fights or lost.
Females spayed before their first estrous cycle reduces her chance of mammary tumors, ovarian cancer and uterine infection A spayed female eliminates the neighborhood stray males from coming over or through your fence to breed with her.
Giving birth to a litter can be dangerous to your pet. What if they give birth when your not home and a puppy gets stuck and she can't get it out. You will have dead dogs on your hands.
Spaying and neutering before sexual maturity has a temperament benefit. Males neutered early in life tend to be less aggressive. Neutered males are less likely to mark in the house.
A spayed female does not have hormonal mood swings and will make a far superior pet. A female with a litter can become very aggressive. Spaying makes your female a better companion.
There can be many serious risks involved with breeding. The mother can develop complications and require expensive medical treatment. The mother can die because of complications and leave you to do her job. Believe me after 3 days you will be wishing you never did this. Buying formula, finding proper bottles, knowing how much to feed, killing the puppies if you over or under feed. Getting them to eliminate. That is a fun one! There are so many animals out there already and the shelters are full of unwanted pets. Do you want one of the puppies you bred to be euthanized because the people who bought it changed their mind? I should hope not. Get a pet enjoy your pet and have them spayed or neutered it will lengthen their lives in the long run.
I have read and understand.
Buyer: ______________________________ Date: _________
Date:
Buyer:
Name:
Street #:
City, State, Zip Phone #:
Email:
Purchase price:
Pay Pal Fee:
Litter registered with:
Status: Full/Limited Spay/Neuter Contract: Yes/No Microchip # DOB:
Dam: Sire:
Dates of Vaccinations:
Next Vaccination Due:
Type of Vaccination:
Dates Wormed:
Health Cert:
Shipping/Handling: Total:
AKC Registration
Breed: Chihuahua Sex: Color: This agreement is a legal instrument between Buyer and Seller (Hollywood Chis, Inc./Hollywood Chihuahua) Buyer agrees that Buyer has read and understands this Agreement and that no other guarantees or warranties have been made either expressed or implied by the Breeder/Seller. This Agreement contains the complete expression of the terms and conditions governing the matters covered by this Agreement and Buyer and Seller stipulate that no amendments or modifications to this Agreement are permitted unless they are in writing and signed by the Buyer and Seller.
Limitation of Liability. Buyer agrees and confirms that it is impractical, if not impossible, to estimate the actual damages, if any, that may result from failure on the part of Seller including any act or omission relating to the sale provided under this Agreement. Buyer agrees that Seller is exempt from liability for personal injury or property damage or loss related to this Agreement. Buyer agrees that if Seller shall be found liable for injury, loss or damages in any respect, Seller’s liability shall be limited to Two Hundred Fifty Dollars ($250). Seller makes no warranties or guaranties other than those expressed in writing by Seller. Seller disclaims the implied warranty of merchantability and any implied warranties of fitness for any particular purpose. No employee, agent or other representative of Seller has any authority to make any additional express warranties or otherwise vary the terms of this Agreement.
Alternative Dispute Resolution. The following mandatory and binding dispute resolution process applies to any claim or dispute between Buyer and Seller related to this Agreement, the sale under this Agreement and the animal covered by this Agreement and is the exclusive process for presenting and determining any Claim between the parties as defined below. Any claim, complaint or dispute of any kind (collectively “Claim”) by Buyer must be submitted in writing to Seller with an explanation of the legal basis for the Claim. Within 20 days of submission of the Claim by Buyer, Buyer and Seller shall meet in person in Orange County, Florida at a location selected by Seller and use their “best efforts” and good faith to try to resolve the claim. If the Claim is not resolved within 30 days after being delivered to Seller, Buyer and Seller must submit the claim to formal mediation before a mediator jointly selected by the parties in Orange County, Florida. If the Claim is not resolved at mediation within 90 days of its submission to the mediator, and only if an impasse is reached after formal and in-person mediation, the Claim must be submitted to binding arbitration before a single Arbitrator pursuant to the Rules of the American Arbitration Association conducted in Orange County, Florida. The Arbitrator’s decision shall be in writing and contain findings of fact and conclusions of law. The failure of Buyer to comply with any terms of this provision constitutes a waiver of the Claim(s) and is a material breach of this Agreement entitling Seller to damages and attorney’s fees. Buyer knows that he or she is giving up any right to litigate any claims against Seller in a court or to have a jury trial for such claims including certain statutory claims, including but not limited to those under Section 828.29 of the Florida Statutes. Buyer understands it must still otherwise comply with the requirements, deadlines and conditions precedent under Section 828.29 or other statutes notwithstanding this Alternative Dispute Resolution Provision. Buyer knows the difference between this alternative dispute process and going to court and prefers this alternative because it is likely to be more efficient and effective at resolving any dispute and less costly than going to court.
In the event of any arbitration or formal dispute between the parties governed by this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. Seller shall also be entitled as contract damages to the recovery of any reasonable attorney’s fees it incurs in enforcing its rights under this Agreement or in responding to any complaints by Buyer that are not legitimate or substantiated regardless of whether a formal dispute between the parties takes place.
Non-disparagement. Buyer agrees to refrain from publishing or making any oral or written statements disparaging the Seller or Seller’s, owners, officers, employees, consultants, agents or representatives. Disparaging statements include, but are not limited, to those that (i) are derogatory, unfavorable or pejorative; (2) are slanderous, libelous or defamatory; or (ii) place the Seller in a negative or false light before the public. Buyer agrees that a violation or threatened violation of this prohibition may be enjoined by the courts. Buyer agrees that a violation or threatened violation of this provision would cause Seller irreparable harm, that Seller would not have an adequate remedy at law for such violation due to the likely damage to Seller’s reputation and that a temporary injunction may be entered to enjoin the violation or any future violation and would include an order directing Buyer to retract such statements and remove any disparaging statements published on the internet or in any media or publication. Buyer agrees that the damages that could be caused by a violation of this provision are difficult or impossible to estimate. Accordingly, Buyer agrees that each violation of this provision entitles Seller to $50,000.00 in liquidated damages immediately due and payable to Seller upon publication of a statement that violates this provision. By signing this Agreement, Buyer agrees and acknowledges that all disagreements, disputes and claims between the Buyer and Seller are to be handled privately and cordially and are governed exclusively by the Alternative Dispute Resolution Provision in this Agreement. A violation of this non-disparagement provision is also a separate violation of the Alternative Dispute Resolution Provision of this Agreement entitling Seller to additional and separate damages for breach of contract and for attorney’s fees.
Confidentiality. Buyer and Seller agree that neither they nor their attorneys nor any other representatives shall reveal to anyone, other than as may be mutually agreed to herein or required or permitted by law or order of court, the existence or nature of any claim or dispute between the parties or the terms and conditions of this Agreement.
Indemnification. Buyer shall indemnify Seller for all costs, expenses, liabilities, and fees, including attorney’s fees, which may be incurred as a result of Buyer’s breach of this Agreement.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of laws or conflict of laws principles.
Notices: Any notices required by this Agreement must be in writing and sent to the other party at the address shown in this Agreement.
This contract is valid for the original purchaser of the dog from Hollywood Chihuahua (Seller). If the dog is transferred to another owner then this contract is null and void, as Seller has no way of knowing how the dog is cared for or who the puppy is placed with.
I agree to e-mail the dated Vet report stating the puppies current health condition and a copy of the invoice showing procedures and care provided by vet to the breeder as proof of exam, the day of the exam. If breeder is not provided with report and invoice showing procedures and care provided, this contract is null and void. _____Initials
This puppy is registered with AKC and is sold with a Full/Limited registration status. All vaccinations and deworming are current at time of sale. A vaccination record will be provided as verification of events. _____Initials
It is Buyer’s responsibility to have this puppy examined by a licensed Veterinarian of their choice within 2 business days of taking possession of this puppy. If the puppy is found to have a life threatening congenital defect (heart, kidney, lung) or health problem at this exam, a replacement puppy of equal value will be given. The replacement will be subject to availability within 12 months. _____Initials
The puppy must be timely returned with a signed compliant document from the Veterinarian stating the defect and it will need to be discussed with a Veterinarian of Seller’s choice before any exchange is granted. Seller is not responsible for illness or health problems that are diagnosed after the time periods provided in, or Buyer’s failure to otherwise comply with, Section 828.29 of the Florida Statutes. _____Initials
All medications and vaccines stated on pet’s medical records are given by us. We are not responsible should an overload occur due to your Veterinarian doubting our records, which can make the puppy sick or even possibly cause death. No vaccine is to be given to puppy until one week after taking possession of puppy, if given within the one week of delivery of puppy this contract is null and void. If you or your Vet give Nasal Bordetella instead of Injectable Bordetella or Bordetella is given before one week has passed from delivery, this contract is null and void. Premedicating with Cortisone and Benadryl prior to the vaccines is HIGHLY RECOMMENDED. Cortisone should prevent soreness at the site of injection and the Benadryl should reduce the chances of an allergic reaction. Please have your Veterinarian call us if they have question regarding the vaccines at 787-702-5961. _____Initials
Seller will not be responsible for illness or death due to Hypoglycemia or vaccine overload. Please read attached information sheet on hypoglycemia. _____Initials
Seller will not be responsible for Parvo or Distemper virus after 7 days of the sale, as these are viral diseases and they can be contracted immediately after leaving our facility. We implore common sense to the Buyer to not take the puppy to any public areas or around other puppies until the vaccination schedule has been completed. _____Initials
Seller guarantees this puppy until one year of age (from date of birth) against life threatening congenital defects, (heart, kidney, lungs). If within that time period a life threatening congenital defect is found, Seller will, as the limited and exclusive remedy for such defect, replace this puppy with another of the same breed, quality, and sex. The replacement will be subject to availability (within 12 months). Seller will not be responsible for life threatening congenital defects that are diagnosed after this time period. In the unlikely event of this puppy’s death in the first 12 months, due to a congenital defect, a necropsy from a state veterinary lab confirming such an event and cause is required before the Seller will take any action regarding congenital defects. Necropsy is performed at buyer’s expense. In addition, a photo of the deceased puppy must be sent with the necropsy report for I.D. verification. Under no circumstances is this puppy to be euthanized without Seller’s knowledge and consent. Under no circumstances will Seller be responsible for veterinary or medical bills incurred. _____Initials
Seller is not obligated to refund any or the entire purchase price except as stated in conditions above. Violations of the terms of this contract renders all guarantees null and void and may result in the Buyer being required to return the puppy to the Seller at the Buyer’s expense. If the Buyer violates this agreement, the responsibility of any/all legal costs the Seller acquires enforcing this contract is to be paid by the Buyer. _____Initials
Replacement puppy exception: As stated above with exception to a second replacement puppy. Seller only agrees to replace a puppy to the owner on a One Time Basis Only. Seller will replace only one time from original puppy. _____Initials
Buyer must notify us before selling or placement of puppy into a new home. Seller has first right of refusal to buy puppy back for no more than original purchase price, this does not include any shipping that was charged or any show fees incurred. If puppy has attained his AKC Champion title, then purchase price will be no more than original purchase price plus a thousand and fifteen hundred more if he has attained his AKC Grand Champion title. At no time will said puppy be sold to another breeding home without prior approval and written consent from Hollywood Chihuahua/ Vanesa S Semler. If buyer sells puppy without prior written consent, buyer will incur a $2,000 penalty. There will be no refunds due to incompatibility, allergies, or landlord disputes. Please call us if you are having problems. We do not want to see one of our babies in an animal shelter. We will try to help you find a new home for them if the need arises. Seller has first right to buy back puppy/dog that has Full AKC Registration at no more than initial sales price. _____Initials
At any time if you cannot care for this pup, he/she will always have a home with us available; under no circumstances is this pup ever to go to an animal shelter or rescue. Just because I will offer a forever home does not mean a refund. _____Initials
Buyer warrants that he/she will not knowingly offer this puppy or any of its offspring’s to brokers, pet shops, or puppy mill. If buyer is found to be selling the dog, or puppies in such a way, buyer will incur a $2,000 penalty for each puppy found to be sold in this way. _____Initials
Although we try to predict grown size and color, we do not guarantee either. I Do Not Guarantee: bites, (can go off at teething) ears (during the teething stage, which can last a few months, the ears may go up and down. They may also go up and down several times during one day. Taping the ears can be helpful and should be done if you are concerned that they will not become erect), Molera (have or not), testicles, (can take 7 months to drop all toy breeds can be this way), fertility, patella’s, hernias, calcium drops or blood sugar drops, size when full grown, color of coat, or quality of coat (blues can really go into the ugliest in coat from the time they lose their puppy coat until the adult coat comes in, their coat can look very poor, this may take 12 to 14 months. This can also apply to other colors also, some after they lose the puppy coat. I do not guarantee against allergies or skin problems. (Allergies can be caused by, your type of grass, dog food (corn is the most common), soaps, new home carpet, cedar and pine chips, bug killers on your lawn or in your home, etc.) Seller does not guarantee that the dog sold with open AKC papers, will be show or breeding quality, free whelping (meaning. it "may" on occasion, require a cesarean section), or that both testicles will drop. Do not buy a puppy if you want bite, ears, size and testicles guaranteed and do not pick a show prospect out of the nursery and want a guarantee that the pup will be a show dog. If you want guarantees for bite, ears, testicles and a show prospect then a show contract will be required. Seller also does not guarantee against Coccidian/Giardia - many puppies are prone to outbreaks of either coccidian and/or giardia under stressful circumstances. The symptoms can arise in a 12 hour period, and cannot be prevented by the Seller, because there are no signs until the puppy is stressed, and their immune system drops. All precautions have been made, but the Buyer should take the puppy to the vet immediately if puppy develops unusual stool, begins vomiting, or has loss of appetite. Collapsing Trachea - this is a common thing in Chihuahuas when they get excited, and has not been found to impose a health risk, but can be somewhat annoying to some people. _____Initials
All digital images are property of Hollywood Chihuahua and are not to be posted or reproduced in any format without prior written consent from Hollywood Chihuahua, this is to include, web sites, Facebook, MySpace, Instagram, Pinterest and any other social networking sites, posting forums, webrings or chat rooms. If consent is given, photos must have the Hollywood Chihuahua watermark. Watermark cannot be covered up, distorted, changed or hidden in any way. Photos cannot be cropped, touched up or altered in any way. No Hollywood Chihuahua digital images can be used for advertising, marketing or logos. _____Initials
Buyer also agrees by signing this contract that the prefix of the dog purchased registered name must start with Hollywood Chihuahua and no other kennel name will be included in registered name unless agreed upon in writing between Hollywood Chihuahua and Buyer. _____Initials
At no time will buyer offer up stud service to dog purchased. _____Initials
Separate spay/neuter contract to be signed: Yes/No _____Initials
This written agreement is the entire agreement between Seller and Buyer of the animal (as signed below) concerning the health and condition or loss of the puppy purchased today. I understand and accept the terms and conditions as stated herein.
Seller makes no guarantees or warranties regarding the sale and puppy covered by this Agreement unless expressly made herein.
Seller: _______________________________ Date: ________ Hollywood Chis, Inc.
4181 Citrus St Kissimmee, FL, 34746
Buyer: ______________________________ Date: _________ Address: ____________________________________________ Hypoglycemia This is a central nervous system disorder caused by low blood sugar. It occurs mainly in Toy Breeds, between 6 and 12 weeks of age. Stress is the leading cause.
The signs are those of listlessness and depression and are followed by muscular weakness, tremors (especially the facial muscles) and later, convulsions, coma and death. The entire sequence is not always seen and may simply appear to be depressed, or he may be wobbly, jerky and may go into a coma.
Hypoglycemia can occur without warning, when a puppy is placed into a new home, or while being shipped. Symptoms might appear after a puppy misses a meal, chills or becomes exhausted from too much playing or has a digestive upset. These upsets place an added strain on the energy reserves of the liver and bring on symptoms (if the dog is susceptible). Treatment Begin at Once! Treatment is directed at restoring blood levels of glucose. Give the puppy a mouthful of Nutri-Cal (Canine Supplement). If he cannot swallow it all at once, it will begin to absorb under the tongue and should start bringing him back to a conscious state so that it will be able to swallow the rest. When he can swallow, give him water (about 1 cc at a time so he doesn't choke). Continue to give him Nutri-cal and water about every 10 minutes until he is conscious and moving about. CALL US IMMEDIATELY!! If we cannot be reached call your Veterinarian. If the puppy does not respond, call your Veterinarian immediately!! The puppy will need Sub-Q injections of lactated ringer's solutions every 4 hours for about 2 days for hydration. He may also need some antibiotic to combat secondary infections that can arise from the lowered immune system that results from hypoglycemia.
If you do not have Nutri-cal (canine supplement) you can temporarily substitute this with honey or syrup until you can purchase Nutri-cal. As soon as the puppy begins to recover, give him some canned food and try to get him to eat. You will also need to begin some Pepto-Bismol to help him from getting bad diarrhea. The large dose of Nutri-Cal or syrup will probably cause some diarrhea to occur, but is usually self-limiting.
To prevent recurrent attacks make sure the puppy eats at regular intervals. He should have dry food available at all times and should be fed canned food at least 2 times a day. A daily vitamin should be given, (Nutri-Cal 1 cc 2 or 3 times a day) also cottage cheese or yogurt can be added to the diet.
Owners of toy puppies should not allow them to become overtired or chilled. Play time should be limited and controlled to prevent undue stress and tiring. Hypoglycemia must be offset by frequent feedings. A puppy who does not eat frequently, for whatever reason is heading for trouble.
WE DO NOT GUARANTEE AGAINST THIS CONDITION.
Each puppy will go home with a tube of Nutri-Cal.
These materials are given for informational purposes, as suggestions only and should be confirmed by your veterinarian. Any medical treatment of your puppy must be approved by your veterinarian.
I have read and understand.
Buyer: ______________________________ Date: _________ Vaccine & Bordetella Reactions Distemper Parvo LA and Corona Virus Vaccine Although these vaccines are generally safe and effective, occasionally pets may experience one or more of the following conditions due to vaccines. Chihuahuas however being so small are more likely to have a reaction than a larger dog. Please keep a very close eye on your pet after they have received vaccines. If your Chihuahua exhibits any of these symptoms, give them a little Nutri-Cal every few hours to ensure that they do not become Hypoglycemic and call your Vet immediately! Mild lethargy Muscular soreness - If pre-medicated with Cortisone this should not happen!
Decreased appetite Mild Fever Mild vomiting or diarrhea These mild reactions usually do not last more than 24 hours. If your pet exhibits any of these symptoms please call your Vet immediately do not wait to see if they go away!
Rarely, pets may experience more serious conditions soon after vaccination.
Swelling of the face or ears - If pre-medicated with Benadryl this should not happen!
Hives or significant itching - If pre-medicated with Benadryl this should not happen!
Difficulty breathing - If pre-medicated with Benadryl this should not happen!
Significant lethargy Significant vomiting or diarrhea Fluid buildup or infection at the injection site If your pet exhibits any of these signs or other signs of illness or abnormality, bring him to your Vet immediately! He or she may need medication to treat the reaction. Please contact your local Emergency Veterinary Service if a problem occurs after your Vet’s regular business hours.
Occasionally, pets that have received injectable vaccinations develop a localized reaction indicated by a small, hard lump under the skin where vaccines were administered (usually anywhere from dime to quarter size). Please have your Vet recheck you’re pet if this occurs. These lumps may take 1-3 weeks to appear and 2-6 weeks to resolve. They usually do not require treatment.
Rabies Very seldom, pets that have received a rabies vaccination may develop a small bald spot over the vaccination site. Please contact your Vet if this occurs. These spots are merely cosmetic and may be permanent in rare cases. Treatment may help reduce this possibility.
Bordetella
Pets receiving the nasal drop form of Bordetella (Kennel Cough) vaccination may experience a upper respiratory reaction approximately 3 days later and as early as 24 hours. Again this is a general statement made about dogs. Chihuahuas are more likely to become sick from the nasal Bordetella than the injectable. My personal experience with Chihuahuas has been that 9 out of 10 times the nasal Bordetella has been administered; they come down with Kennel Cough. Since I have elected to have injectable Bordetella administered, I have not had one Chihuahua get sick with Kennel Cough. Chihuahua puppies can get very sick, very fast from the nasal Bordetella. If you notice them being letharic or sneezing after the Bordetella vaccination call your Vet immediately and give Nutri-Cal so they do not become Hypoglycemic! Your Chihuahua will need to put on antibiotics immediately.
These materials are given for informational purposes, as suggestions only and should be confirmed by your veterinarian. Any medical treatment of your puppy must be approved by your veterinarian.
I have read and understand.
Buyer: ______________________________ Date: _________
This is a sample copy of our Spay/Neuter Agreement which will be signed when purchasing a puppy as "pet" only. This agreement is legal and binding. If purchasing a puppy as "pet only “you will be required to have your puppy spayed/neutered before any registration papers are received by the purchaser. AKC or APRI papers on dog or puppy will be withheld until notification of altering of the animal is received and verified.
Spay/Neuter Agreement
Permanent ownership of this dog is contingent upon your compliance with this Addendum. Proof of the spay/neuter must be received by the (PURCHASER'S NAME) within thirty (30) days after the surgery. In the event that the dog’s health does not allow this agreement to be honored, Hollywood Chihuahua must be provided with a statement from your veterinarian that this dog is not yet in physical or emotional condition for surgery. Based upon the veterinarian’s evaluation of this dog the (purchaser) will contact the veterinarian and establish the earliest date that the procedure can be performed. (PURCHASER) will notify Hollywood Chihuahua of this amendment in writing, at which time all other conditions of this agreement will apply and be enforced. _____Initials
This is the responsibility of the Buyer/PURCHASER, not the veterinarian, to ensure that Hollywood Chihuahua has received verification that the surgery has been performed. Failure to comply with this agreement by the date below, unless ,otherwise agreed to in writing, will be considered a breach of the Contract, and Buyer/PURCHASER will transport this dog back to Hollywood Chihuahua, and will not be entitled to a refund. _____Initials
By my signature below, I agree to have this dog spayed/neutered by no later than_____________________ and I understand that this spay/neuter agreement is an agreement that this dog will not produce a litter of puppies either as purposely bred or by accidental breeding. I also agree that should puppy not be altered that I will return said puppy back to Hollywood Chihuahua with no refund. _____Initials
Purchasers Signature: ___________________________________ Date: ____________________, 20__ Purchaser's Name:
(Please print):___________________________________ Address: ___________________________________________ City: ___________________ State: ____ Zip: ____________ Telephone number (home) :(______)______________ (Work Tel.):(______)_______________ Driver’s License Number: _____________________ Issuing State: ______ Breeder's Signature______________________________
SPAYING OR NEUTERING YOUR DOG IS HEALTHIER FOR THEM Neutering a male eliminates the possibility of testicular tumors and efficiently reduces the chance of prostate problems.
Neutering decreases the chance of perianal tumors and hernias that are common in older, unneutered males. Neutered males are less likely to escape a yard and find a female in heat.
This reduces the chance of them being hit by cars, getting into fights or lost.
Females spayed before their first estrous cycle reduces her chance of mammary tumors, ovarian cancer and uterine infection. A spayed female eliminates the neighborhood stray males from coming over or through your fence to breed with her.
Giving birth to a litter can be dangerous to your pet. What if they give birth when you’re not home and a puppy gets stuck and she can't get it out. You will have dead dogs on your hands. Spaying and neutering before sexual maturity has a temperament benefit. Males neutered early in life tend to be less aggressive. Neutered males are less likely to mark in the house.
A spayed female does not have hormonal mood swings and will make a far superior pet. A female with a litter can become very aggressive. Spaying makes your female a better companion.
Get a pet enjoy your pet and have them spayed or neutered it will lengthen their lives in the long run. Spay/Neuter Agreement SPAYING OR NEUTERING YOUR DOG IS HEALTHIER FOR THEM
Neutering a male eliminates the possibility of testicular tumors and efficiently reduces the chance of prostate problems.
Neutering decreases the chance of perianal tumors and hernias that are in older, unneutered males. Neutered males are less likely to escape a yard and find a female in heat. This reduces the chance of them being hit by cars, getting into fights or lost.
Females spayed before their first estrous cycle reduces her chance of mammary tumors, ovarian cancer and uterine infection A spayed female eliminates the neighborhood stray males from coming over or through your fence to breed with her.
Giving birth to a litter can be dangerous to your pet. What if they give birth when your not home and a puppy gets stuck and she can't get it out. You will have dead dogs on your hands.
Spaying and neutering before sexual maturity has a temperament benefit. Males neutered early in life tend to be less aggressive. Neutered males are less likely to mark in the house.
A spayed female does not have hormonal mood swings and will make a far superior pet. A female with a litter can become very aggressive. Spaying makes your female a better companion.
There can be many serious risks involved with breeding. The mother can develop complications and require expensive medical treatment. The mother can die because of complications and leave you to do her job. Believe me after 3 days you will be wishing you never did this. Buying formula, finding proper bottles, knowing how much to feed, killing the puppies if you over or under feed. Getting them to eliminate. That is a fun one! There are so many animals out there already and the shelters are full of unwanted pets. Do you want one of the puppies you bred to be euthanized because the people who bought it changed their mind? I should hope not. Get a pet enjoy your pet and have them spayed or neutered it will lengthen their lives in the long run.
I have read and understand.
Buyer: ______________________________ Date: _________