1. Purchase and Sale
Willow&Rose agrees to sell and Buyer agrees to purchase the Dog described within this Agreement. Ownership of the Dog transfers to Buyer upon full payment of the purchase price and delivery of the Dog.
Any deposit paid is non-refundable unless Breeder is unable to provide the Dog. If Buyer fails to complete the purchase, communicate regarding selection or pickup, or otherwise abandons the purchase, Breeder may retain the deposit and make the Dog available to another buyer.
Buyer is responsible for all transportation, delivery, travel, shipping, and related expenses. Once possession of the Dog is transferred to a third-party transporter or delivery service, Breeder shall have no responsibility for events occurring during transportation.
2. Breeder Representations
Breeder represents that, to the best of Breeder's knowledge, the Dog is in good health at the time of transfer and has received age-appropriate veterinary care, vaccinations, and deworming.
Except as expressly provided in this Agreement, Breeder does not guarantee the Dog's adult size, mature weight, color, markings, coat type, coat texture, shedding level, temperament, show quality, fertility, reproductive performance, or breeding success. Many of these characteristics are influenced by genetics, environment, nutrition, development, and factors beyond the Breeder's control.
3. Buyer's Responsibilities
Buyer acknowledges that proper growth and development are influenced by nutrition, exercise, weight management, preventative veterinary care, and environmental factors. Buyer agrees to maintain the Dog at a healthy body condition, provide routine veterinary care, vaccinations, parasite prevention, and appropriate exercise throughout the Dog's lifetime.
Buyer shall not neglect, abuse, abandon, or knowingly place the Dog in unsafe living conditions.
Buyer shall not sell, transfer, lease, surrender, or otherwise place the Dog with a pet store, broker, commercial breeding facility, puppy mill, research facility, auction, or similar operation.If Buyer is no longer able or willing to keep the Dog at any point during its lifetime, Buyer agrees to notify Breeder before transferring ownership to any other individual or organization.
Breeder shall have the first opportunity to assist with placement or to reclaim the Dog.
Under no circumstances shall the Dog be surrendered to a shelter, rescue organization, humane society, auction, pet store, broker, commercial breeding facility, research facility, or puppy broker without Breeder's prior written consent.
4. Veterinary Examination
Buyer agrees to have the Dog examined by a licensed veterinarian within seventy-two (72) hours of taking possession.
Failure to obtain this examination may void any health guarantee contained within this Agreement unless otherwise approved by Breeder.
If a licensed veterinarian determines the Dog was not fit for sale at the time of transfer, Buyer must immediately notify Breeder and provide supporting documentation.
Breeder reserves the right to obtain a second opinion from a veterinarian of Breeder's choosing at Breeder's expense before any remedy is provided under this Agreement.
Breeder shall not be responsible for routine veterinary expenses, emergency care, medications, diagnostics, or treatment costs incurred after transfer of ownership.
5. Health Guarantee
Breeder warrants that, at the time of transfer, the Dog is believed to be free of any known life-threatening illness or hereditary defect that would have made the Dog unsuitable for placement.
Breeder further provides a two (2) year guarantee against severe hereditary or congenital conditions that substantially impair the Dog's quality of life.
The health guarantee does not cover:
Allergies
Parasites
Viral infections
Injuries
IVDD
Conditions resulting from neglect, improper care, injury, accident, overexertion, obesity, poor nutrition, or environmental factors.
To qualify for any health guarantee, Buyer must maintain appropriate veterinary care and provide records upon request.
Breeder reserves the right to obtain a second veterinary opinion regarding any claimed health condition.
Breeder's maximum obligation under the health guarantee shall be limited to replacement of the Dog with a puppy of equal or greater value or refund of the original purchase price, at Breeder's sole discretion.
6. Breeding Rights and Health Testing
Buyer agrees the Dog shall be used solely within Buyer's own breeding program.
Buyer shall not advertise, lease, sell, collect, distribute, market, or provide stud services to outside breeding programs without the prior written consent of Breeder.
Buyer may retain offspring produced within Buyer's own breeding program in accordance with this Agreement.
All dogs sold with breeding rights must successfully complete age-appropriate OFA (or equivalent) health testing prior to being bred.
Required testing includes, but is not limited to:
Passing results include:
Eyes: Normal (including Breeder Option Notations)
Patellas: Normal
Cardiac: Normal
Hips: Fair, Good, or Excellent
Elbows: Normal
Buyer shall provide copies of all health-testing results to Breeder.
These requirements exist to protect the health, temperament, structure, and long-term integrity of bloodlines and to promote responsible breeding practices.
Because orthopedic evaluations may be affected by positioning, radiographic quality, age, environmental influences, and evaluator interpretation, Breeder reserves the right to obtain a secondary review of radiographs, request repeat radiographs, or seek evaluation by a board-certified veterinary specialist prior to making a final determination regarding breeding eligibility.
If the Dog ultimately fails the required health clearances, the Dog shall be removed from all breeding programs and placed on a permanent spay/neuter agreement.
Upon receipt of proof of sterilization, Buyer shall be entitled to a refund equal to the original purchase price less Breeder's current pet-home purchase price of $3,500.
Breeder shall have sixty (60) days from receipt of all required documentation to issue any applicable refund.
In lieu of a refund, and solely at Breeder's discretion, Breeder may offer a replacement puppy of comparable quality.
Nothing in this Agreement guarantees the Dog's fertility, ability to reproduce, semen quality, litter size, reproductive success, or long-term breeding suitability.
Buyer agrees to maintain the Dog at an appropriate body condition score and avoid excessive exercise during skeletal development, as obesity, injury, repetitive impact, and environmental factors may influence orthopedic health.
7. Kennel Name and Advertising Requirements
Buyer acknowledges that the Dog originates from Willow&Rose Companions bloodlines.
The Dog's registered name, pedigree name, and breeding-program name shall begin with the prefix:
"Willow&Rose"
Buyer may select any name following the required prefix and may add their kennel name as a suffix.
Examples include:
Buyer shall not remove, alter, abbreviate, or replace the Willow&Rose prefix on registrations, pedigrees, health-testing submissions, stud advertisements, websites, social media platforms, breeding announcements, litter advertisements, or any public representation of the Dog without Breeder's prior written consent.
8. Limitation of Liability
Breeder shall not be liable for indirect, consequential, incidental, special, or punitive damages arising from ownership, breeding, possession, transportation, or use of the Dog.
Breeder's maximum liability under this Agreement shall never exceed the original purchase price paid for the Dog.
9. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of California.
The parties agree to attempt good-faith resolution of any dispute before initiating litigation. Any legal action arising from this Agreement shall be brought exclusively in the State of California.
This Agreement constitutes the complete understanding between the parties and supersedes all prior oral or written discussions, representations, advertisements, and agreements concerning the sale of the Dog.
No amendment shall be valid unless made in writing and signed by both Buyer and Breeder.
Any material breach of this Agreement, including but not limited to unauthorized outside stud services, failure to comply with required health testing, removal of the required kennel prefix, or unauthorized transfer of the Dog, shall immediately void all health guarantees and breeding guarantees provided herein.
Buyer agrees that unauthorized outside stud services constitute irreparable harm to Breeder's breeding program and bloodlines. Accordingly, Buyer agrees to pay liquidated damages of Ten Thousand Dollars ($10,000) for each unauthorized breeding or outside stud service. Buyer acknowledges that this amount represents a reasonable estimate of damages and is not intended as a penalty.
