NESTLEWOOD LLC

PURCHASE AGREEMENT, BILL OF SALE AND HEALTH WARRANTY

This Agreement is executed on ____________________, 20__ (“Execution Date”) by and between ________________________________________________________, with an address of ________________________________________________ (“Buyer”) and Nestlewood LLC with an address of 68 Perry Road, Bedford, NH 03110 (“Seller”).

I. TRANSFER OF TITLE, PURCHASE PRICE AND DESCRIPTION OF DOG

A. This Agreement is for the purchase by Buyer and sale by Seller of an Australian Labradoodle, more specifically described below (the “Dog”).  The purchase price is $____________ (“Purchase Price”).  Upon the Buyer’s payment of the full Purchase Price, receipt of which is hereby acknowledged and upon delivery of the Dog to the physical possession of Buyer, delivery of which is hereby acknowledged, Seller grants, sells, conveys and transfers ownership of the Dog.  The parties agree that the Dog is for use as a pet only.  As a condition of the sale and as additional consideration for the Dog, Buyer agrees to execute and perform the Spay/Neuter Agreement, pursuant to which Buyer is obligated to spay/neuter the Dog and to provide Seller with evidence of the same within the time provided therein.  Buyer’s obligations under the Spay/Neuter Agreement shall survive the passing of title to the Dog under this Agreement.  A copy of the Spay/Neuter Agreement is attached hereto as Exhibit A.

B. The Dog is described as follows:

Name: ______________________________

Sex: _________________________________

DOB: ________________________________

Color: ________________________________

Microchip #: _____________________________________

Australian Labradoodle Association of America, Inc. (“ALAA”)

Dam and Dam’s ALAA

Registration#_____________________________________

Sire and Sire’s ALAA

Registration #_____________________________________

C. The Dog has been wormed, microchipped and vaccinated as indicated on the health record and examined with a Health Certificate from Seller’s veterinarian, attached hereto as Exhibit B.  The Dog requires additional regular vaccinations which are the responsibility of Buyer.

D. Seller represents that it has full authority to sell the Dog to Buyer. The Dog is sold free and clear of any lien, security interest or other encumbrance.

E. Seller represents and warrants that the Dog is the offspring of the dam and sire indicated above.

II. 14-DAY HEALTH GUARANTEE

A. Seller guarantees that the Dog is in good health and free of communicable diseases on the Effective Date as indicated on the Health Certificate attached hereto and certifies that the Dog has been examined by a veterinarian duly licensed by the State of New Hampshire. 

B. Buyer has the right to obtain his/her own examination of the Dog by a licensed veterinarian at Buyer’s sole cost. If the Dog fails the health exam conducted by Buyer’s veterinarian, the Buyer may return the Dog to Seller for a full refund of the Purchase Price or obtain a replacement dog from the next available litter.  This health guarantee is only effective if (i) documentation evidencing the failed exam is delivered to Seller no later than 14 days following the Execution Date; and (ii) Buyer makes arrangements and returns the Dog to Seller within 2 days following the failed examination.  Buyer must provide Seller with immediate proof of the failed examination, and Seller shall have the right to request a second opinion by a veterinarian of it’s choice.

C. While at the veterinarian’s office for the Buyer’s health confirmation, the Buyer agrees to hold the Dog in his/her arms until Buyer is provided with a sterilized examination room to reduce the risk of infection, in particular Parvo Virus. Until after the initial examination by the Buyer’s veterinarian, and optimally until the Dog is fully vaccinated, Buyer further agrees not to take the Dog to public places where the Dog could contract other canine diseases (some of which are highly contagious), such as pet stores or dog parks until fully vaccinated.

D. If Buyer intends to return the Dog under this health guarantee, Buyer agrees to first contact Seller to make arrangements for the return of the Dog to ensure that other puppies and dogs present at Seller’s location are not put at risk.

E. The health guarantee will automatically terminate if a licensed veterinarian has not examined the Dog within the time set forth above and/or if appropriate documentation evidencing the exam and the results of the same are not been sent to Seller in the time allotted.

F. If the Dog is found to have poor health within the time allotted, and Buyer chooses to keep the Dog, Seller will reimburse the Buyer for all veterinary costs related to the pre-existing condition, up to the Purchase Price, provided that Buyer delivers to Seller documentation evidencing such costs.  Seller will not reimburse the Buyer for travel and other incidental expenses.

III. TWO-YEAR GENETIC HEALTH WARRANTY

Seller also provides a two-year genetic health warranty from the Effective Date, against specific genetic diseases, namely: Hip Dysplasia, Addison’s Disease, Cushing’s Disease, PRA, Von Willabrand Disease and Epilepsy (“Covered Ailments”). If any such Covered Ailment is diagnosed and clinically impacts the quality of the Dog’s life within 24 months of the Effective Date, and provided that the Seller meets the following requirements, the genetic health warranty shall apply:

A. The Dog must receive regular, routine veterinary care from a duly licensed veterinarian.  To evidence such care, the microchip that has been implanted in the Dog by Seller must be scanned at each veterinary visit and recorded in the Dog’s medical record.

B. In the event the Dog exhibits symptoms of a suspected Covered Ailment within the 24 month warranty period, the Buyer must supply any requested veterinary record to Seller within seven (7) days of diagnosis by a licensed veterinarian. The microchip must be scanned and documented on the day that the veterinarian diagnoses the Covered Ailment. Seller has the right to require a second opinion from a licensed veterinarian of its choice at the Seller’s expense. In the event that Seller’s veterinarian’s findings are inconclusive or negative, Seller shall have no obligation to fulfill the warranty at that time.

C. If the Dog is euthanized or in any way disposed of, without a second opinion from a Seller approved veterinarian, the Buyer waives all rights to a replacement dog or any payment as compensation, described in more detail below. 

D. If the Dog is diagnosed as having genetic hip dysplasia, the Buyer must submit x-rays to the Orthopedic Foundation for Animals (OFA) for a second opinion.  If OFA findings are inconclusive or negative, Seller shall have no obligation to fulfill the warranty at that time.

E. With respect to a diagnosis of any Covered Ailment, Seller’s veterinarian will review the medical records and reports with the Buyer’s input to determine how best to proceed. 

F. If a Covered Ailment is confirmed within 24 months of the Effective Date, the Buyer shall have the option of either a replacement dog from the next available litter or reimbursement of all veterinary expenses related to the illness, not to exceed the original Purchase Price paid for the Dog. The Buyer will be required to travel to Seller at his/her own expense to pick up any replacement dog.

G. If the Dog dies from a suspected Covered Ailment within the 24 months of the Effective Date, a licensed veterinarian acceptable to Seller’s veterinarian must perform an autopsy at the Buyer’s expense. If the autopsy confirms a Covered Ailment as the primary reason and cause of death, Seller will provide another dog to the Buyer or refund the Purchase Price paid by Buyer. Prior to any refund or the delivery of any replacement dog, Buyer must provide Seller with a written and executed statement from the veterinarian who conducted the autopsy verifying the cause of death.

H. For the avoidance of doubt, this warranty does not cover viral illnesses, infections, improper bites, hernias, and hypoglycemia, Giardia or Coccidiosis. It also does not include any illness due to the ingestion of foreign objects, food, chemicals or physical injury or illnesses resulting from poor care or nutrition. This warranty does not pay for any dental procedures.  This warranty covers only Covered Ailments.

I. Should the Dog have been subject to any of the following during the warranty period, the warranty is null and void:

• Failure to maintain the Dog’s general health care (this includes obesity), Utilizing Bravecto, Nexgard, Simparica, Credelio, Comfortis or Trifectis as flea and tick prevention;

• Neglect, trauma, or abuse;

• Excessive stair climbing or vigorous excessive exercise until 12 months of age. This is to ensure you have given your pup time for bones and joints to develop until growth plates have closed;

• Feeding the Dog a poor quality diet or the Dog being overweight.

THIS WARRANTY FOR COVERED AILMENTS DOES NOT APPLY IN THE EVENT OF (1) AN INDETERMINABLE OR INCONCLUSIVE DIAGNOSIS OR (2) A NEGATIVE OR INCONCLUSIVE SECOND OPINION CONDUCTED BY SELLER’S VETERINARIAN.

IV. MISCELLANEOUS PROVISIONS

A. The Dog was bred as a companion animal, and Seller does not warrant the Dog’s fitness for any specific purpose, including show ring performance or obedience trials.  The Dog’s behavior and temperament are not warranted.  As set forth in the Neuter/Spay Contract, the Dog was not bred or sold as a breeding Dog, and may not be used for such purpose.

B. The Buyer agrees to feed the Dog a premium quality food and give the Dog regular exercise to maintain the Dog at a healthy weight.

C. The Buyer will reasonably limit stair climbing and jumping in the first year and postpone strenuous repetitive exercise for the first year.

D. The Buyer agrees to provide active human companionship and socialization around other children and adults and animals to facilitate the Dog growing into a stable companion pet.

E. The Buyer agrees to make and keep annual veterinary appointments for the Dog and to keep all immunizations current according to the guidelines of the American Veterinary Medical Association and properly administer heartworm preventative medication and flea and tick prevention.

F. The Buyer agrees to provide basic obedience training to the Dog within the first year by attending a minimum of one full obedience class for the benefit of the Dog and the Buyer. .

G. The Buyer agrees that if the Buyer cannot take proper care of the Dog, he/she will contact Seller, and Seller will have the choice of either taking the Dog back or extending commercially reasonable efforts to assist in finding a suitable home. The Buyer will never take the Dog to a shelter or pound.

H. Adult size, conformation, color and pattern of the Dog are not guaranteed. Other than as expressly set forth herein, Seller assumes no responsibility for the Dog after it is transferred to Buyer for medical expenses, mortality, behavior, family disagreement, accidental injury or any other reason, and makes no warranty or representation regarding the Dog except as set forth in writing in this Agreement. It is further agreed that the Dog is sold as pet-quality for the expressed purpose of a companion pet and not for breeding.

I. The Health Guarantee and Health Warranty are not transferable.  Both will terminate automatically upon transfer of ownership of the Dog. 

J. The representations and warranties of Seller are limited to those expressly set forth herein.

K. THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW HAMPSHIRE AND COURTS WITHIN THE STATE OF NEW HAMPSHIRE SHALL HAVE JURISDICTION OVER ANY AND ALL DISPUTES ARISING UNDER OR PERTAINING TO THIS AGREEMENT.  VENUE IN ANY SUCH DISPUTE SHALL BE LAID IN HILLSBOROUGH COUNTY, NEW HAMPSHIRE. 

L. If more than one party has taken title to the Dog, each such party is obligated to perform as “Buyer” hereunder and shall be jointly and severally liable to Seller for any breach.

M. Time is of the essence with respect to the performance of this Agreement and the applicability of the warranties.

N. This Agreement is non-transferable by Buyer.

O. The provisions of this Agreement are independent of and separable from each other.  If any provision hereof shall for any reason be held invalid or unenforceable, it is the intent of the parties that such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof, and that this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

P. This Agreement constitutes and expresses the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, whether express or implied, oral or written. 

THIS AGREEMENT IS EXECUTED BY THE PARTIES AS OF THE EXECUTION DATE SET FORTH ABOVE.

Buyer Signature:​___________________Date:______

Print Name:​​_____________________________________

Phone: (Home) ​_________________ (Cell) __________________

Email: ​​______________________________

Buyer Signature:​__________________Date:_______

Print Name:​​_____________________________________

Phone: (Home) ​_________________ (Cell) __________________

Email: ​​______________________________

SELLER:

NESTLEWOOD LLC

By:___________________________________

    ____________, duly authorized