Sales Contract

This agreement is made this  ________________ by and between _______________________________
_________________________________________. hereafter buyer and DogsAmerica hereafter seller;
1. Sale of Dog. Buyer agrees to buy from Seller and Seller agrees to sell to Buyer the following described dog:
Name:                            Sex:     Breed:
Color:                             Date of Birth:
Inoculations:
Other:
2. Purchase Price. Buyer agrees to pay Seller the sum of                  local, state and federal taxes in the following manner:                       deposited with Seller on the date of this contract and                       to be paid upon the delivery of dog.
3. Delivery. The dog shall pass to buyer upon delivery of payment of the purchase price. Seller shall deliver the dog to Buyer at Seller’s premises on or before                                     , subject to the limited warranty set forth below.
4. Warranty of Title. Seller warrants that the dog is subject to no liens and encumbrances.
5. Disclaimer.  Seller assumes no responsibility for the dog or its conduct after delivery to Buyer. It is further understood and agreed that no warranties or representations of any nature have been made to Buyer except those contained in this contract. All dogs sold as is.
IN WITNESS WHEREOF the parties have executed this contract the day and year written above.
By _____________________________________      ______________________________________
DOGSAMERICA                                                                                                      Owner/Buyer

LIMITED WARRANTY

  1. PARTIES. DOGSAMERICA extends this limited warranty to                                                in connection with the purchase of the dog.
    2. HEALTH WARRANTY: The dog is warranted to be in good health at the time of delivery and has had inoculations against distemper and hepatitis, parvo and rabies (if applicable).
    3.The required vaccinations and de-wormings are as indicated on the health record. We advise the Buyer however, to have the dog examined by a licensed veterinarian of Buyers choice within 72 hours after receipt of the dog. We recommend you take a stool sample with you. Failure to see a veterinarian within 72 hours will void all guarantees.
    4. WARRANTY TERM: The Health Warranty extends until, and including,
    5. REMEDY FOR BREACH: The customer has until the end of the warranty period to have the dog examined by a licensed veterinarian for confirmation of its health. If the dog is returned to DOGSAMERICA during the Warranty term together with a letter from a licensed veterinarian, who establishes that the dog was not in good health at the time of purchase, the dog will be exchanged for one of equal value, comparable quality, and similar training.
    6. LIMITATION OF IMPLIED WARRANTIES: ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HERBY LIMITED TO THE WARRANTY TERM SET FORTH IN PARAGHRAP THREE HEREOF.
    7. LIMITATION OF REMEDY AND DAMAGES: THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY SHALL BE REPLACEMENT OF THE DOG WITH ONE OF EQUAL VALUE AND COMPARABLE QUALITY. SELLER SAHLL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CAUSED BY ANY BREACH OF WARRANTY.
    8. ARBITRATION: Owner acknowledges that any and all disputes which might arise out of or from this agreement, or the services provided by Seller shall be settled by arbitration to be held in Riverside County pursuant to the Rules for Arbitration established by the Los Angeles County Superior Court Arbitration Program, with the fees for the Arbitrator paid equally by the Parties.  Any award or decision shall be final and binding, and judgment may be entered thereon in the applicable court, without any right of appeal.

RELEASE OF LIABILITY
The following is an understanding that DOGSAMERICA must have with __________________________ regarding the training, sale or boarding of                               (Dog):
“Buyer acknowledges that regardless of training and/or boarding, all dogs, including the dog(s) herein described, are dangerous and can bite or otherwise cause personal injuries or property damage. Buyer does hereby release the trainer, the seller, its agents, servants and/or employees from any all liability of any nature whatsoever for any personal injuries or property damage caused by the dog to the Buyer, and further agrees to hold harmless, defend and indemnify the trainer, the seller, its agents, servants and/or employees against any claim, demand or lawsuit by any person or organization claiming damages because of any act or action of the dog that occurs form the date of this contract forward for the life of the dog. This paragraph becomes effective upon signing below, regardless of when or if the Buyer takes possession of the dog.”
I have read and understand all of the above contract and I have received a copy of the contract with the understanding that all deposits and payments are non-refundable and the contract is non-cancelable.

By _____________________________________      ______________________________________
DOGSAMERICA                                                                                                      Owner/Buyer