By checking the boxes below you are agreeing to the referenced information.
1- Dog Identification
The "Dog" subject to this Agreement will be identified on the attached form called, "Dog Identification Form." The attached form is incorporated here but cannot be completed until the puppy is 7 weeks of age and the BUYER has chosen which puppy the BUYER wants. Once the BUYER chooses the puppy, then the BREEDER will complete the "Dog Identification Form." The BUYER will review and confirm that the information correctly identifies the puppy BUYER
has chosen by signing and dating the “Dog Identification Form”.
2- BREEDER’s Health Representation and Warranty
As a service to our families, Sugar Bay Doodles provides 30 days of free Trupanion insurance coverage that must be activated by the BUYER. It is the BUYER’s responsibility to enroll their puppy in Trupanion within 24 hours prior to possession of said puppy and no later than the first 24 hours after possession of their puppy to enact the coverage. We strongly urge activation of this insurance as it is offered free of charge to assist the BUYER without entering a credit card.
The following conditions apply to the aforementioned Dog:
The BREEDER guarantees that all dogs at Sugar Bay Doodles are raised in an in-home environment and are not raised in kennels. For our short-term warranty, BREEDER guarantees the puppy is in good health at the time the BUYER takes possession of the puppy, that it is up-to-date by Sugar Bay Doodles a DBA of Home4yall.com, LLC date on age-appropriate immunizations, and has been dewormed. The BUYER has 72 hours from the time of the receipt of the puppy to have it examined by a Veterinarian and to personally inspect the puppy. If the puppy is found to be in poor health, the BUYER has the option of returning the puppy to the BREEDER, at the BUYER’s cost, within 48 hours of the diagnosis for
a full refund, minus the shipping costs, or keeping the puppy and the BREEDER will reimburse for Veterinary costs not covered by Trupanion Pet Insurance up to 50% of the purchase price related to the treatment of a proven preexisting condition. (This does not include other expenses incurred by the BUYER). Any request to return the dog to the BREEDER for a full refund must be made within this time period and may only be requested should the puppy be found to have a
health issue of such serious nature that the quality of life of the puppy will be shortened or seriously altered. The request to return the puppy must be accompanied with a written statement from a Veterinarian describing the diagnosis. If the puppy is not taken to a licensed Veterinarian within 72 hours, or date agreed upon here in writing, the Health Warranty is voided.
The Sire and Dam of this puppy have been examined and cleared of Hip Dysplasia, Elbow Dysplasia, Heart Defects, Patella Defects and Congenital Eye Defects. The best possible care has been taken to breed the healthiest dogs possible with pedigrees indicating years of good genetic health history. In the event that your dog should have a genetic defect, we do offer a warranty. Sugar Bay Doodles offers a two year warranty on any puppy with clinical signs of Hip Dysplasia, Elbow Dysplasia, Heart Defects, Patella Defects and Congenital Eye Defects with a preliminary OFA report confirming either moderate or severe Hip Dysplasia or grade II or III Elbow Dysplasia, Heart Defects, Patella Defects and Congenital Eye Defects. A copy of the X-Ray and or congenital defect testing must be furnished to Sugar Bay Doodles & Veterinarian.
The puppy is also warrantied until the age of two years for genetic defects of the Heart. If there is a Heart defect, the diagnosis must be confirmed by a letter to BREEDER or BREEDER & Veterinarian from a Board Certified Cardiologist stating that in his/her opinion this condition is congenital. In the rare event of a confirmed genetic defect before the puppy is 2 years old, as listed above, the BUYER can return the dog to the BREEDER for a replacement puppy. Transportation, veterinary and medical care and its associated costs are the sole and exclusive responsibility of the BUYER. BREEDER reserves the right to have the puppy/dog examined by our Veterinarian, acquire DNA testing and/or check microchip to determine the dog or puppy is one of our lineage and health status before issuing a replacement puppy. BREEDER also reserves the right to acquire DNA testing and/or check microchip if it is suspected BUYER or anyone associated with BUYER is breeding said Dog sold in this Agreement or offspring bred in breach of this Agreement. If such a concern arises, BUYER agrees to share recent Veterinary records with BREEDER. In the rare case of death due to a congenital issue of a puppy up to 24 months of age, the BUYER will have the option of a replacement puppy free of charge from the next available litter, chosen after BREEDER’s pick of the litter. An autopsy must be performed at the BUYER’s expense by a veterinary teaching hospital or state licensed DVM acceptable to the BREEDER’s own Veterinarian showing reason for death was congenital defect. A written statement from the Veterinarian must be provided. This warranty is void in the event of an indeterminate or inconclusive diagnosis. This warranty does not include viral illnesses, infections, improper bites, hernias, Hypoglycemia, Giardia or Coccidiosis, or reactions to vaccines or reactions to any sutures, including spay or neuter sutures. It also does not include any illness due to the ingestion
of foreign objects, food, chemical or physical injury. While it is generally accepted that most dogs carry some sort of parasite, every effort has been made to ensure that the puppy is free of parasites at the time of sale.
The BREEDER has taken all reasonable care to ensure that all puppies produced are as healthy as possible. Cancers, foreign body ingestion, behavioral issues, accidents, ear infections, and UTI’s are considered normal costs and risks of pet ownership. The BUYER is advised to discuss risk reduction strategies with their Veterinarian and to acquire private pet insurance for such. The BREEDER offers no warranty or guarantee of any kind for non-genetic issues not specifically
listed.
Minor health ailments including, but not limited to, fleas, worms, or stress-induced diarrhea due to the puppy’s transition from BREEDER’s home are not reason for dog to be returned to the BREEDER. A puppy’s bite is also not covered, as it changes over time. Upon execution of this contract, all veterinary care and its associated costs are the sole and exclusive responsibility of the BUYER.
3- BREEDER’s Warranty of Size and Coat
Final size category of a dog will be determined at adulthood and is measured at the withers.
Please be aware that the estimated size of a puppy by a BREEDER is an educated guess;
therefore, a puppy’s final size may vary somewhat from a BREEDER’s initial calculation.
We do strive to produce a certain look, but we do not guarantee adult size, color, appearance,
hypoallergenic quality, or non-shedding quality. We make every effort to know, based on past
experiences and our knowledge of genetics, what our puppies will grow up to be, but Mother
Nature sometimes surprises us, and we cannot be responsible for those surprises. Nor can we
guarantee temperament.
4- BUYER’s Care Following Purchase of Puppy
The BUYER agrees to have puppy spayed or neutered at the appropriate age recommended by the BUYER’s Veterinarian, about 9-10 months of age. Proof of spay/neuter must be supplied to Sugar Bay Doodles within 30 days of procedure by email to sugarbaydoodles@gmail.com.
Failure to spay or neuter this dog and send Veterinarian’s documentation prior to 12 months of age will require the BUYER to pay the BREEDER twice the purchase price of puppy. Proof of spay/neuter by 12 months of age must accompany any request for warranty reimbursement. All puppies are sold as family pets and BREEDER does not convey breeding rights. If this puppy is 4 2022 by Sugar Bay Doodles a DBA of Home4yall.com, LLC bred or used to breed, the purchaser agrees to pay the BREEDER 10 times the purchase price of this puppy for every litter produced.
The BUYER agrees to contact the BREEDER should it ever become necessary to re-home the dog. The BREEDER will re-home the dog or may give approval to a new home suggested by the BUYER of a qualified family as determined by the BREEDER. Transportation will be the BUYER’s expense. The BUYER agrees never to turn the dog over to an animal shelter, humane
society, rescue organization, puppy mill, or research laboratory. Warranties apply only to the original purchaser. Transfer of dog ownership shall void all such provisions of this agreement. The BUYER agrees to maintain this dog in good health, provide routine preventative health care including, but not limited to, inoculations and internal and external parasite treatments for fleas, tick & heart worms and dental. Veterinary records must be provided to BREEDER if requesting
refund or replacement. If any of the above preventative care has not been provided, Health Warranty will be void. Use of any oral flea/tick products that contain Fluralaner will void this warranty. BUYER agrees to provide basic obedience training within the first year of ownership. It is also agreed that BUYER will maintain the dog at a healthy weight and feed a high-quality dog food or approved fresh diet based upon a licensed veterinarian’s published program or recommendation. BUYER agrees to postpone strenuous, repetitive exercise, such as agility training, running miles a day, or daily going up and down a long staircase, until a minimum of one year of age. During first year, the Dog cannot be run on asphalt or cement, grass (dirt is ok), as this will void the guarantee against Hip Dysplasia.
5- Consideration
The dog identified in Section 1 is being sold for the sum of $3,500.00. BUYER has paid a non-refundable Sugar Bay Doodles Waiting List Fee of $350.00, and Specific Litter Reservation Fee of $1000 with a balance of $2150 at the execution of this contract. Final payment is no later than 24 hours before pickup.
There will be a “Dog Paid in Full Receipt” incorporated into this contract reflecting the date the balance is satisfied and the time and date the puppy is picked up by the BUYER. Both parties will sign and date this at the time of final payment. BUYER will receive a copy of this contract in its entirety.
Under no circumstances shall the BREEDER be liable to the BUYER, or to any third party, for a
dog that has been subjected to abuse, accident, negligence, or misuse. Also, under no
circumstances shall the BREEDER be liable for any consequential or incidental or special
damages that result from, or are in any manner related to, the Dog.
6- Residence Where Dog Resides
The BUYER agrees to provide a safe environment for the Dog and will never allow the Dog to roam freely without proper fencing or supervision. BUYER will house the Dog indoors only. The Dog is not an outdoor Dog.
The BUYER agrees that said Dog will reside at the address listed as BUYER’s address unless BUYER moves due to unforeseen circumstances and said Dog moves with BUYER. If BUYER is unable to move dog with BUYER or find a home meeting the requirements of this section, then BUYER agrees to contact BREEDER to re-home said dog by returning said dog to BREEDER at BUYER’s expense or by requesting BREEDER to approve new home BUYER presents to BREEDER.
7- Assignment of Contract
Neither this Agreement nor any duties or obligations under this Agreement may be assigned by either party without the prior written consent of the other.
8- Indemnification
Each Party shall insure that its employees, agents, family members or those residing with each Party, present in either Party's residence, or present near the Dog, if any, take all actions necessary to comply with the terms and conditions set forth in this Agreement and all applicable laws, regulations, rules and/or contractual duties either party may be subject to. BUYER agrees that BREEDER and Affiliates are not responsible or liable for any laws broken, fines or penalties incurred, accidents, damage to property, injury to person, claims for intentional infliction of emotional distress, nuisance, assault, battery, or damage to property whether unintentional or intentional by the Dog once BUYER takes possession of the Dog.
BUYER acknowledges responsibility and assumes all liability for all actions by the Dog warrants and represents that it's care of the Dog and those who come in contact with the Dog will not (l) violate any federal, state or local law or regulations; (2) in any way violate or infringe upon any party's privacy right or any other right of any person or entity. BUYER shall
specifically indemnify BREEDER and Affiliates against any loss, claims, demands, action, proceedings, damages, costs, charges, and expenses, which may be made or brought or commenced against BUYER for the Dog's actions. BUYER will further indemnify and hold BREEDER and Affiliates harmless from any damage to BUYER's personal or real property,
harm or any other type injuries to persons, etc. resulting from the Dog's actions.
9- State of Governing Law
Law Governing this Agreement shall be governed by and constructed in accordance with the laws of North Carolina.
10- Jury Trial Waiver and Mediation Requirement
The parties hereby irrevocably and knowingly waive, to the fullest extent permitted by law, any right to a trial by jury for any action or proceeding arising out of this Agreement. The parties agree that any such action or proceeding shall be settled through mediation by a mediator licensed to practice law in North Carolina. Mediation fees shall by paid by the party bringing forward the complaint. If after good faith effort of mediation fails, then any remedy must be tried before a court and not a jury. In the event the parties' waiver of a trial by jury is deemed invalid, the parties hereby agree that any action or claim arising out of any dispute in connection with this Agreement, any rights, remedies, obligations, or duties hereunder, or the performance or enforcement hereof or thereof shall be determined by judicial references.
11- Attorney’s Fees
In the event litigation shall be instituted to enforce any provision of this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorneys' fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled, including prior mediation fees.
12- Amendment
No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. No oral statement to either Party may alter the terms of this Agreement.
13- Severability
If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
14- No Waiver of Contractual Right
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right subsequently to enforce and compel strict compliance with every provision of this Agreement.
15- Entire Agreement
This Agreement constitutes the entire understanding between the parties, and upersedes all prior agreements and negotiations, whether oral or written. There are no other agreements between the parties, except as set forth in this Agreement. No supplement, modification, waiver, or termination of this Agreement shall be binding unless in writing and executed by the parties to this Agreement.
16- Full and Final Agreement
The parties agree that this writing represents the entire agreement between them and that no
other representations, either oral or written, have been made regarding the Dog described above.
The parties agree that no changes in this contract shall be binding upon either of them without
written modifications signed by both parties.
Thank you for filling out the contract. We will be in touch.
