In consideration of a purchase price of ____________________________dollars ($________) including tax, the Seller transfers in fee simple all rights, privileges and responsibilities associated with the ownership of a male/female Boston Terrier to the Buyer as of the date and time specified at the end of this document with the following conditions subsequent:
*All fees must be paid in full upon leaving BEDFORD Reg’d with the puppy
I) Use of the Dog:
It is agreed between the Seller and the Buyer, that this dog is being acquired as a family companion dog and is not being purchased for resale, breeding or exclusively as a performance animal. It is further agreed between the Seller and the Buyer that this guarantee is a “pet/companion dog” guarantee only and guarantees normal wear and tear of the dog’s joints and ligaments on a day to day basis with normal activity as a pet and companion only and that nowhere does this guarantee cover/guarantee an “athlete’s knees/hips/ligaments”. Thus, it is agreed, that this dog will participate in activities appropriate for the breed, age and size of the dog and will not participate in Agility, Flyball, or any other strenuous physical activity/sport (that would potentially harm/strain the joints and ligaments) before the dog is twelve (12) months of age (and not recommended until AT LEAST 18 months of age), or this guarantee is NULL AND VOID.
The Buyer agrees to neuter/spay the puppy before it reaches seven (7) months of age. The Buyer agrees to supply the Seller with a licensed Veterinarian’s Certificate of Spay/Neuter, or letter. If the Buyer fails to neuter/spay this puppy by seven (7) months of age and provide adequate proof to the Seller by the time the puppy is eight (8) months of age, the guarantee becomes NULL AND VOID.
(Buyer Initial)_______ I agree and understand that adequate proof of Spay/Neuter is either a Certificate of Spay/Neuter or a Letter (typed on clinic letterhead) from a licensed Veterinarian and must state the owners’ first and last name (as in the contract), the puppy/dog’s name, D.O.B, sex, colouring/markings, breed, MICROCHIP#, date of spay/neuter and the clinic contact information, the Veterinarian’s name (printed), credentials and signature. For a certificate, the microchip# must be “in” (i.e. in the Vet’s computer system) the printed certificate and not handwritten on it. If not, a certified Veterinarian’s letter will be required.
In the case of extenuating circumstances where the dog cannot, or should not be spayed/neutered at the agreed-upon time as outlined in this contract, the owner shall provide the breeder with a Veterinarian’s statement or reason and this shall include a probable time for which the procedure may be completed.
*A CKC Non-Breeding agreement must be signed in addition to this document
The Seller’s puppies are produced from dogs exhibiting no genetic disorders and the bloodlines have undergone DNA and genetic testing. A licensed Veterinarian examines every puppy prior to being sold. Thus, the Seller guarantees the puppy to be healthy at the time of the sale, as also evidenced by a Certificate of Health, issued by a licensed Veterinarian. A record of all age appropriate core vaccinations, health certificate, de-worming and parasite control will be provided by the Seller.
All puppies are microchipped before leaving the premises. The purchased puppy/dog will need follow-up vaccinations (in addition to rabies), deworming, flea control and heartworm prevention.
If the purchased pup acquires a life-threatening infectious disease within the ten day incubation period subsequent to leaving BEDFORD Reg’d and if the illness can be traced back to BEDFORD Reg’d within a reasonable likelihood (in the opinion of two licensed Veterinarians - one of whom is selected by the Seller), BEDFORD Reg’d will replace the pup, or at the Buyer’s request, issue a full refund (upon return of the pup, if the illness wasn’t fatal). A letter from the Buyer’s Veterinarian must be submitted to the Seller upon return of the puppy/dog. If the illness was fatal, a post mortem must be conducted, at the Buyer’s expense, to determine the cause of death and a letter from the Buyer’s Veterinarian must be submitted to the Seller.
The Buyer fully understands and agrees that puppies carry parasites (roundworms, pinworms, hookworms, Coccidia, Giardia) and that said puppy has been treated for internal parasites, external parasites and heartworm (prevention program). The Buyer further understands that dewormers are not effective against the eggs or certain growth stages of internal parasites, that some parasites are brought on by stress and change in the environment/water (Coccidia & Giardia) and that the Buyer must continue to have the puppy/dog de-wormed as recommended by their Veterinarian (as necessary).
In the event of emergence of a life-threatening/quality of life congenital or genetic defect within twelve (12) months of the dog’s life, determined by two qualified Veterinarians (one of whom selected by the Seller), BEDFORD Reg’d will replace the puppy (with a puppy of equal or lesser value), or refund 85% of the purchase price, with the return of the puppy/dog to the Seller.
(Buyer initial)________I am aware and agree that this is a “return only” guarantee and that I must return the puppy/dog to the Seller in order to get a replacement or refund of any kind.
The Seller certifies that the dog is eligible for registration under the Regulations of the Canadian Kennel Club as a purebred and will transfer ownership of the dog to the Buyer only when the Buyer has submitted adequate proof of spay/neuter as per the previously mentioned requirements. Until proof of spay/neuter is submitted to the Seller, the puppy/dog will remain unregistered/in the Seller's name. Failure to submit proof of spay/neuter by the specified time will void this guarantee.
(Buyer Initial)________I agree, that if I submit proof of spay/neuter later than the agreed upon time-frame as outlined in this contract, I will pay the Seller a penalty/surcharge of $200, in order to transfer said puppy/dog's registration papers into my name. Otherwise, the puppy/dog will remain unregistered/in the Seller's name.
IV) Ownership Responsibilities:
a) The Buyer agrees that this pup will reside and be kept inside the home. This pup will not be kept outside. Furthermore, the Buyer agrees that this puppy will not be a kennel dog (to reside in a kennel, a confined structure, nor pen; on a permanent or semi-permanent basis). This dog will not be chained or tied, nor will it be let to roam at large (or walk in town without a leash), but shall be able to move freely about and exercise in a space appropriate for its breed. The buyer will provide this puppy with considerate companionship on a daily basis as a family member.
b) (Buyer initial)________I acknowledge and agree that I must continue to feed the puppy/dog TLC dog food for the duration of the guarantee period (until the dog is 12 months of age) in order to maintain the Seller’s genetic health guarantee, or this guarantee becomes null and void. In the event that I make a “claim” to the Seller, I agree that I must submit proof of purchase of TLC dog food during this period (for 12 months of the dog’s life).
I further agree and acknowledge that I have been cautioned by the Seller, about the risks of feeding "grain free" diets and that I accept any and all risks and full responsibility, for any and all effects of feeding this food to said dog's health and behaviour. I fully understand and acknowledge that raw, grain free and vegetarian diets are strictly prohibited and void this guarantee!
c) (Buyer initial)________I acknowledge and agree that I must continue to give the puppy/dog NuVet Plus for the duration of the guarantee period (until the dog is 12 months of age) in order to maintain the Seller’s genetic health guarantee, or this guarantee becomes null and void. In the event that I make a “claim” to the Seller, I agree that I must submit proof of purchase of NuVet Plus during this period (for 12 months of the dog’s life).
d) (Buyer initial)________I acknowledge that while not a requirement, the Seller has recommended that I also supplement my puppy’s diet with NuVet Joint Plus from the ages of six months to 12 months of age, to support my puppy’s growth and development and to prevent injury. The Seller recommends NuVet Joint Plus in senior dogs, as well as dogs in Agility, Flyball, etc.
e) (Buyer initial)________I acknowledge and agree that I must continue health insurance for said puppy/dog for the duration of the guarantee period (until the dog is 12 months of age) in order to maintain the Seller’s genetic health guarantee, or this guarantee becomes null and void. In the event that I make a “claim” to the Seller, I agree that I must submit proof of health insurance during this period (for 12 months of the dog’s life).
f) The Buyer agrees to provide the necessary routine health and medical care such as vaccinations (in addition to rabies), deworming, parasite control, heartworm preventatives, nail clipping, ear cleaning and grooming.
g) The Buyer agrees to inform the Seller of any and all change(s) of address, as to where the dog will be living and to give the Seller access to the dog, at any time, for the duration of the dog’s life.
h) (Buyer initial)________I certify and agree that this puppy will be raised in a non-smoking home and I agree to monitor the dog with all children and animals to promote their safety. I also agree to keep the puppy/dog safe from all poisonous and harmful substances such as antifreeze, road salt, poisonous plants, chocolate, grapes, raisins, peach pits, onions, road salt, etc.
i) The Buyer agrees to NEVER leave the dog alone in a vehicle of any kind in the summer, winter, or in conditions of extreme weather.
j) In the event that the dog is to be boarded, the Buyer agrees to ensure that the dog is fully vaccinated (including Bordetella) prior to boarding and to take the dog to boarding facilities that require all vaccinations (including Bordetella). In the event that the dog is not re-vaccinated by their annual due-date (misses the due date), the Buyer agrees to re-vaccinate the dog at least seven days prior to boarding.
k) The Buyer acknowledges the Seller to be an expert in their breed/field and should issues or difficulties with their puppy/dog arise, they will contact the Seller promptly and will have regard to any advice and recommendations that the Seller/Seller’s Veterinarian provides - including the return of the Puppy.
l) If (for whatever reason) the Buyer can not or does not wish to maintain custody of this Boston Terrier (at any time during its lifetime), ownership shall revert directly back to its Seller, including all CKC papers. At no time may this Boston Terrier be sold, given, or ownership transferred in any way, to a third party without expressed written, signed and notarized, agreement from the Seller and no other excuse shall be valid.
m) If this puppy/dog belongs to more than one person/party and there is a division of properties due to separation and/or divorce, the dog shall not be held in litigation and ownership shall revert directly back to the Seller, including all CKC papers.
n) The Buyer acknowledges and agrees that the return of a puppy/dog can be very emotional and difficult and should the Buyer return the dog (for any reason), the Buyer agrees that the Seller cannot be held liable/responsible in any way (financial or otherwise) for distress caused by the return of said puppy/dog.
o) Should at any time, this Boston Terrier be mistreated by reason of abuse or neglect in any way (care, lack of Veterinary treatment, etc.), the Seller reserves the right to take back immediate possession of the dog without reimbursement to the owner. Should this clause need to be enforced, the owner shall forfeit the dog’s CKC registration papers to the Seller within 7 days of the Seller taking possession of the dog.
p) (Buyer initial)________I agree to not criticize Bedford Reg’d and/or any of its owners, associates or partners publicly (on public forums, blogs, social networks etc) at any time during, or subsequent to, the contract/guarantee period. I acknowledge that the Seller has offered their advice/support for the lifetime of my puppy/dog and I therefore agree to not seek breeder advice on forums, blogs, community groups or any social media in a way which brings a bad name/reputation to Bedford Reg’d and/or any of its owners, associates or partners. I understand that if at any time I am found to be in default/breach of this agreement, in addition to this guarantee becoming null and void, the Seller reserves the right to legal action.
This guarantee covers diseases 100% attributable to genetics with a direct genetic basis and a name. The Seller does not cover tendencies, symptoms, indirect health issues, or any disease, disorder, syndrome, etc. that is multifactorial, polygenetic, unknown, or potentially environmental in nature. Refunds will only be given for diseases serious enough to affect quality of life and require surgery and/or ongoing medical treatment (special/medical diets and supplements do not qualify/meet the criteria for medical treatment) for the duration of the dog’s life.
This guarantee is non-transferrable, absolutely limited to the purchase price and refunds/exchanges may take up to 12-18 months for a refund/exchange of any kind in any amount, to be issued. The Seller doesn’t pay, nor under any circumstances is the Seller liable for any of the Buyer’s Veterinary bills.
Seller does not guarantee for coat colour (& texture), disposition, conformation, size, perfect bloodwork, or any “imperfection” or defect that doesn’t affect quality of life. Due to the influence the environment (toxins, contaminants, owner imposed conditions and brachycephalic tendencies out of our control) has on the development of the following conditions/ailments, we do not guarantee for luxating patella(s), torn/injured ligaments/tendons (or any other kind of injury/accident), cherry eye(s), epilepsy, entropion, ectropion, dry eye/low tear production, pigmentary keratitis, allergies, colitis (and the result of), stenotic nares, brachycephalic syndrome, dental occlusion, teeth extractions, elongated soft palate, dermatitis, growths, tumors, cysts, cancer (of an kind), internal & external parasites and Demodectic mange. These are examples of things not covered in our guarantee. This list is not exhaustive and exclusions are not limited to this list.
Supporting documentation must be submitted no later than 30 days subsequent to making ANY claim and the owner must report the problem (if the Veterinarian says it's genetic and the fault of Bedford Reg'd) when symptoms first occur - within 48 hours of onset of symptoms or this guarantee may become null and void. In cases of ANY refund (full or replacement puppy) being issued to the Buyer, supporting documentation entails a typed letter from the Buyer’s Veterinarian on clinic overhead (including address, phone number, fax number, date and the Veterinarians full name, credentials and signature), stating the puppy/dog’s identification (D.O.B, sex, colouring, breed and microchip number), diagnosis (stating that the cause is definitely congenital/genetic in origin, the fault of our breeding and not due to an accident, injury of any kind, owner imposed conditions (participation in agility, flyball or any other sport, all other injuries, accidents, breeding, overworked/over-exercised puppy-hood, etc.), environment or any other possible cause) and prognosis (the disease is going to significantly affect his/her quality of life, require on-going medication and medical procedures, etc.). Only originally signed documents (not photocopies, faxes or emails) are acceptable. Veterinarian letters related to a claim, not received within 30 days of making said claim, would void this guarantee. The Seller reserves the right to deny the Buyer a replacement puppy and issue a refund instead.
Shipping costs and risks will be borne by the Buyer and/or shipper (airline, etc.). The Seller can supply at the Buyer’s expense, health certificate, shipping kennel and transportation to in order to facilitate delivery. The shipping kennel becomes the property of the Buyer. Refund or replacement of a puppy/dog does not include shipping or transportation costs. If a dog must be returned (for any reason), all shipping and transportation costs are at the expense of the Buyer (the shipping kennel then becomes the property of the Seller). The Seller reserves the right to determine when the puppy is ready (the age of the puppy) to be shipped.
Transportation in return of the dog to the Seller shall be the responsibility of the Buyer. The Buyer agrees to help with the transportation in getting the dog back to the Seller.
Should custody of the dog be in question, or in the case of the owner/’s demise, the Seller has the right to enforce “Right of Possession Agreement” and immediately assume legal ownership of the dog from any person, pound, shelter, or boarding facility where the dog may be placed (including all records and CKC registration papers). In the case of the Buyer’s death, ownership will automatically revert to the breeder and is enforceable by law. No refund will be given to the Buyer’s estate, family, etc.
If said puppy/dog is returned to the Seller for any reason not related/attributed to this congenital/genetic health guarantee and the Seller offers a refund (as per the Seller’s sole discretion), the Buyer understands and agrees that they automatically forfeit $500 in allowable refunds, regardless of the duration of time that they had possession of said dog, in addition to deductions attributed to depreciation value of said dog (based on their age, etc.), as per the sole discretion of the Seller. Costs to the Buyer, for spaying/neutering, vaccines, medical procedures, training, etc. are considered a cost of pet ownership and will NOT be refunded/taken into account (in favour of the Buyer), in consideration of allowable refunds.
V) Breach of Contract
In the event that litigation is commenced to enforce any of the terms of this Agreement, the Seller shall be entitled to the costs thereof, including reasonable Attorney’s fees and expenses, plus ten thousand dollars ($10,000.00) in liquidated damages for damages to the Seller’s kennel name and reputation, the Seller’s time, trouble and mental duress.
In the event that litigation is commenced by the Seller due to “breach of contract” committed by the Buyer, the Buyer shall forfeit any monetary refund due to the Buyer upon the court awarding return of the dog to the Seller.
In the event that the Buyer is found in “breach of contract” of ANY of the stated terms and provisions within this agreement, the Buyer is fully aware that the guarantee immediately becomes NULL AND VOID.
I/We the undersigned, have thoroughly read and understood the contents of the entirety of this contract, its provisions herein and that it’s governed by the laws in Ontario, Canada. I/We do hereby acknowledge this to be a true and legally binding contract and by my/our signature(s) we do hereby agree and make absolute promise, to abide by its terms, conditions and Spay/Neuter provisions stated herein.
(Buyer Initial) (Buyer Initial) (Buyer Initial)
Agreed to this______day of ________________________2020 at________(time).