Sales Agreement
- Revised July 4, 2021 Health Guarantee / Seller's Agreement
If these terms are not met, this contract is null and void.
Buyer has paid a non-refundable deposit of $ ______ with payment of the balance of $ _____ due upon release of the Dog to Buyer or one week prior to shipping. If inter-island shipping is required that is an additional $200. The expected release or shipping date depends on Veterinarian's schedule for litter check; and Aloha Air Cargo company’s flight schedule for animals.
We do NOT accept personal checks. Deposit and payment of the balance must be made by cash, cashier’s check, USPS money order and sent certified or by registered mail (as our PO box has been broken into) to:
Ralph or Georgann Sherman
PO Box 6100
Hilo, HI 96720
Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the puppy if: (a) Buyer fails to complete the purchase of the Dog for any reason within 3 days of the agreed delivery date. We charged $50 dollars a day for those 3 days. (We do not board dogs. Puppy must be picked up on the agreed delivery date - 8 weeks post whelping.) Seller shall be free to sell the puppy to another party.
In the event that the Dog is not available due to sickness, death, or any other circumstance owing to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either refunded or the Buyer may wait until puppy is recovered or transferred to the next litter of puppies.
Be advise we take the best possible care of the puppies while they are with us. Although our Vet will exam the litter prior to being re-homed. The seller is giving a health guarantee for 3 working days. In that time a licensed veterinarian must examine the puppy. If she/he finds any life threatening illness the puppy may be returned for a full refund. This request must be made within the first 3 working days and will only occur at the return of the puppy to the seller. All shipping costs for return are the responsibility of the buyer. This guarantee is null and void if a veterinarian has not examined the puppy within this time frame. Buyers taking the puppy out to parks or for 'show and tell' prior to its Vet visit, risk Parvo or other environmentally acquired infections (EAI). This sales agreement excludes all EAI.
The seller does not guarantee that: 1) this dog will be non-shedding or hypoallergenic 2) the final coat type or color of the dog. 3) the dog will not react to environmental sounds or 4) to the dog's temperament.
We recommend taking the puppy to training classes, and getting pet insurance. We suggest you discuss with your Vet the importance of NOT subjecting the puppy rigorous activities such as jogging /running or extended strenuous hikes until s/he is at least 18 months of age to help protect the puppies joints. Be aware early spay/neutering increases the risk of joint problems as well as some cancers. Wait as long as possible.
The Buyer Agrees:
1. The buyer agrees not to take puppy to parks of any kind until vaccine schedule is completed. As well as provide the puppy with regular veterinary care including an annual veterinary exam, vaccinations as recommended by veterinarian and parasite prevention (heart worm, fleas, ticks, etc).
2. This puppy is being sold as a pet and without breeding rights. Dog will be neutered or spayed before or around two years of age and provide Seller with Veterinarian certificate with date done. Seller reserves the right to re-claim the dog if buyer breeds the dog.
3. Should buyer find it necessary to re-home the dog, the buyer agrees to contact the seller to assist. At no time will the dog be placed in a shelter or rescue.
4. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including but not limited to damage to or destruction of property, and injury to any person. If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and to pay all of Seller’s costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of Hawaii. Litigation, should it occur, will be in Hawaii County.
5. Upon execution of the contract and acquiring possession of the dog, all veterinary care and its associated costs are the sole and exclusive responsibility of the buyer.
6. This Agreement is not transferable and represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in this Agreement.
If these terms are not met, this contract is null and void.
Buyer has paid a non-refundable deposit of $ ______ with payment of the balance of $ _____ due upon release of the Dog to Buyer or one week prior to shipping. If inter-island shipping is required that is an additional $200. The expected release or shipping date depends on Veterinarian's schedule for litter check; and Aloha Air Cargo company’s flight schedule for animals.
We do NOT accept personal checks. Deposit and payment of the balance must be made by cash, cashier’s check, USPS money order and sent certified or by registered mail (as our PO box has been broken into) to:
Ralph or Georgann Sherman
PO Box 6100
Hilo, HI 96720
Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the puppy if: (a) Buyer fails to complete the purchase of the Dog for any reason within 3 days of the agreed delivery date. We charged $50 dollars a day for those 3 days. (We do not board dogs. Puppy must be picked up on the agreed delivery date - 8 weeks post whelping.) Seller shall be free to sell the puppy to another party.
In the event that the Dog is not available due to sickness, death, or any other circumstance owing to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either refunded or the Buyer may wait until puppy is recovered or transferred to the next litter of puppies.
Be advise we take the best possible care of the puppies while they are with us. Although our Vet will exam the litter prior to being re-homed. The seller is giving a health guarantee for 3 working days. In that time a licensed veterinarian must examine the puppy. If she/he finds any life threatening illness the puppy may be returned for a full refund. This request must be made within the first 3 working days and will only occur at the return of the puppy to the seller. All shipping costs for return are the responsibility of the buyer. This guarantee is null and void if a veterinarian has not examined the puppy within this time frame. Buyers taking the puppy out to parks or for 'show and tell' prior to its Vet visit, risk Parvo or other environmentally acquired infections (EAI). This sales agreement excludes all EAI.
The seller does not guarantee that: 1) this dog will be non-shedding or hypoallergenic 2) the final coat type or color of the dog. 3) the dog will not react to environmental sounds or 4) to the dog's temperament.
We recommend taking the puppy to training classes, and getting pet insurance. We suggest you discuss with your Vet the importance of NOT subjecting the puppy rigorous activities such as jogging /running or extended strenuous hikes until s/he is at least 18 months of age to help protect the puppies joints. Be aware early spay/neutering increases the risk of joint problems as well as some cancers. Wait as long as possible.
The Buyer Agrees:
1. The buyer agrees not to take puppy to parks of any kind until vaccine schedule is completed. As well as provide the puppy with regular veterinary care including an annual veterinary exam, vaccinations as recommended by veterinarian and parasite prevention (heart worm, fleas, ticks, etc).
2. This puppy is being sold as a pet and without breeding rights. Dog will be neutered or spayed before or around two years of age and provide Seller with Veterinarian certificate with date done. Seller reserves the right to re-claim the dog if buyer breeds the dog.
3. Should buyer find it necessary to re-home the dog, the buyer agrees to contact the seller to assist. At no time will the dog be placed in a shelter or rescue.
4. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including but not limited to damage to or destruction of property, and injury to any person. If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and to pay all of Seller’s costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of Hawaii. Litigation, should it occur, will be in Hawaii County.
5. Upon execution of the contract and acquiring possession of the dog, all veterinary care and its associated costs are the sole and exclusive responsibility of the buyer.
6. This Agreement is not transferable and represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in this Agreement.