Terms and Conditions

 Contract Stipulations: 

The Breeder and Buyer agree as follows:

1. Deposit.      A [non-]refundable deposit of   $500.00 (“Deposit”) has been paid to Breeder. The Deposit shall be applied to the final Purchase Price  (defined below). [[Buyer acknowledges that Breeder cannot control litter  sizes and that the wait time for puppies can be longer than expected.]  [Buyer acknowledges that the Deposit is non-refundable in all circumstances.] [However, if a puppy/dog that meets Buyer’s identified preferences is not available [when it becomes Buyer’s turn to pick a puppy/dog from the selected litter], Buyer may elect to have the Deposit  transferred to the next litter.]
2. Purchase  Price. The full purchase price varies per dog and will be agreed upon prior to receipt of deposit by Breeder. The balance will be due in full (a) at least 1 weeks before the puppy/dog is delivered to Buyer or (b) upon Buyer’s pickup of the puppy/dog. Any shipping and handling expenses are the responsibility of and shall be paid by Buyer. All payments due under this Agreement  shall be made in US Dollars and paid to Breeder via cash (usually      discounted), through the Central Texas Biewer Terrier Website, or through    Good Dog if puppy ws identified through that website.  https://www.gooddog.com/breeder/dashboard/payments.
3. Registration. The puppy/dog is a purebred Biewer Terrier but is not registered and is being sold as pet only. As such, the puppy/dog is not eligible for exhibiting. in Conformation (but may compete in other performance events, such as Agility, Obedience, and Rally). The puppy/dog shall not be bred at any time and if pups are produced, such offspring will not be eligible for registration. 
4. Unauthorized Breeding. The puppy/dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited. If at any time the puppy/dog has produced any offspring,      [(a)] Buyer must return the puppy/dog to Breeder immediately [and pay      Breeder $4000 per litter of offspring] and (b) all of Breeder’s warranties      set forth in this Agreement will become null and void.
5. Breeder’s Obligations. Breeder represents and warrants the following:
   1. Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog       to Buyer. Ownership of the puppy/dog will be transferred to Buyer [upon       Buyer’s payment of the full Purchase Price].
   2. State of Health; Short-Term       Health Warranty. The puppy/dog (i) was previously       examined by a licensed veterinarian and was found to be in good health at       that time and (ii) has had the immunizations enumerated in the health       records provided to Buyer. Buyer, at its own expense, must have the       puppy/dog examined by a licensed veterinarian within 72 hours of       receiving the puppy/dog (the “Examination       Period”) for the guarantee in this section to be valid. If, within       the Examination Period, a licensed veterinarian finds the puppy/dog to be       unhealthy or unfit for sale, the puppy/dog may be a) returned to Breeder       for a full refund of the Purchase Price, or b) returned to Breeder in       exchange for a puppy/dog from a different litter.  The veterinarian must provide a written       statement deeming the puppy/dog “unfit for purchase”, which must be sent       to Breeder within 48 hours of the veterinary examination. The foregoing       guarantee expressly excludes (x) any health issues caused by Buyer’s       ill-treatment, abuse or neglect, (y) any health issues that result from       the puppy/dog’s transportation from Breeder to Buyer and (z) all minor       illnesses and health issues, including upper respiratory infections,       allergic reactions, stress colitis/diarrhea, internal or external       parasites or contagious viruses (including canine parvovirus), UTIs,       vaginitis or umbilical hernias. 
   3. Long-Term Health Warranty. Breeder provides a 1year       warranty from the puppy/dog’s date of birth against any debilitating       congenital conditions. For purposes of this section, “debilitating       congenital conditions” (i) include Eye Certification (CAER, registered       with OFA), Patellar Luxation, PRA, Rod-Cone Degeneration (PRA-prcd),       Primary Lens Luxation (PLL). In the event the puppy/dog exhibits symptoms       of a suspected debilitating congenital condition, Buyer must immediately       inform Breeder and supply any requested veterinary records to Breeder.       Breeder will be given the opportunity to take the puppy/dog to a licensed       veterinarian of Breeder’s choice for examination. 
   4. Returns/Refunds. If it is determined by a licensed  veterinarian that the puppy/dog (i) was “unfit for purchase” or (ii) has a genetic disorder that is identified within the warranty periods described above, the Buyer may a) [keep the puppy/dog or b) return the       puppy/dog to the breeder in exchange for a puppy/dog from an upcoming litter.  
   5. No Other Warranties. No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein.
6. Buyer’s      Obligations. Buyer agrees to the following:
   1. Proper Care. Buyer will provide good and proper care of the puppy/dog.       Such care includes providing adequate housing and protection from the       elements, a safe (preferably fenced) exercise area, and proper and       sufficient nutrition. Buyer will provide proper veterinary care       throughout the puppy/dog’s lifetime, including but not limited to,       routine vaccinations and/or titers to maintain the puppy/dog’s immunity       to common canine diseases. 
   2. Veterinary Care. Buyer will also provide the       following veterinary care: (i) routine vaccinations and/or titers to       prevent common infectious diseases; (ii) routine treatment for internal and external parasites; and (iii) annual examination by a licensed       veterinarian.
   3. Sale Prohibition. Buyer is not acting as an       agent in the purchase of the puppy/dog. Buyer agrees neither the       puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes       of vivisection or research. 
   4. Restrictions on Transfer. If, at any time, Buyer is       unable to keep or care for the puppy/dog (including upon Buyer’s death or       incapacity), the puppy shall be (a) returned to Breeder together with       duly executed documentation transferring Buyer’s ownership interest in       the puppy/dog to Breeder or (b) rehomed by Buyer in each case without any       refunds or payments due to Buyer. 
   5. Spay/Neuter Provision.       The right to ownership of the puppy/dog is conditioned upon Buyer paying all costs and expenses to spay/neuter the puppy/dog no later than the age       of 9 months to 1 year, and no sooner than 6 months of age.  Seller recommends this time frame as Biewer Terriers often develop duplicate canines that will need to be removed. The purpose  is to assist in reducing the number of times your young puppy is placed       under anesthesia as both procedures can be performed at the same time.  Buyer will provide proof of such spaying/neutering to Breeder immediately upon completion (if requested by Breeder). If it is determined that Spay/Neuter is not in the best interest of the dog, Buyer agrees to provide Breeder with documentation of a valid medical determination from a licensed veterinarian.
   6. Breach by Buyer. Buyer’s breach of any of the foregoing       obligations shall result in Breeder’s warranties set forth in this       Agreement being null and void.
       
7. Agreement to Mediate. If a dispute arises out of or      relates to this Agreement, or the alleged breach thereof, and if the      dispute is not settled through negotiation, the parties agree first to try      in good faith to settle the dispute by mediation before resorting to      arbitration, litigation, or some other dispute resolution procedure. The      process shall be confidential based on terms acceptable to the mediator      and/or mediation service provider.]
8. Governing      Law. This Agreement, and all matters      arising out of or relating to this Agreement, shall be governed by and      construed in accordance with the laws of the State of Texas without regard      to the conflicts of laws provisions thereof.
   
    

Miscellaneous. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.