Edenbright Brittanys

Terms and Conditions

EDENBRIGHT BRITTANY’S PUPPY DEPOSIT AGREEMENT TERMS & CONDITIONS

EDENBRIGHT BRITTANY’S PUPPY DEPOSIT AGREEMENT TERMS & CONDITIONS BREEDER HAS AGREED TO SELL & THE BUYER HAS AGREED TO BUY ONE AKC REGISTERABLE BRITTANY PUPPY FOR THE PURCHASE PRICE NAMED BELOW. ALL PUPPIES ARE SOLD ON A STRICT LIMITED REGISTRATION CONTRACT AND SOLD AS PET COMPANION ONLY UNDER THE TERMS IN THIS AGREEMENT & DESCRIBED AS FOLLOWS: 


  DEPOSIT TERMS;  THE BUYER AGREES TO PLACE A NON-REFUNDABLE HOLDING/DEPOSIT FEE FOR A PUPPY FROM EDENBRIGHT BRITTANYS. SURETY OF ACTION NON-REFUNDABLE HOLDING/DEPOSIT FEE IN THE AMOUNT OF $200.00 TO HOLD ONE PUPPY FOR BUYER UNTIL PUPPY IS AT LEAST 8 WEEKS OLD & NO OLDER THAN 10 WEEKS.  PURCHASE PRICE THE TOTAL PURCHASE PRICE OF THE PUPPY IS $1500.00. THE BALANCE DUE OF $1300.00 IS DUE ON PICKUP/DROP-OFF OR THE 1ST DAY OF THE PUPPY’S 10TH WEEK OF LIFE, WHICHEVER COMES FIRST.

  • IF THE PUPPY IS NOT PICKED UP WITHIN 5 DAYS OF THE PICK-UP DAY AGREED UPON BETWEEN BREEDER AND BUYER IN WRITING, THE BREEDER MAY OFFER SAID PUPPY TO ANOTHER OWNER WITHOUT ANY FURTHER OBLIGATION TO BUYER AND BUYER FORFEITS DEPOSIT.
  • FAILURE TO PAY IN FULL BY THE PUPPY’S 10TH WEEK OF LIFE IS CONSIDERED FORFEITURE OF PUPPY AND DEPOSIT.
  • FAILURE TO PICK UP PUPPY FOR ANY REASON BY THE LAST DAY OF THE PUPPY’S 11TH WEEK OF LIFE WILL RESULT IN THE LOSS OF 50% OF FULL PURCHASE PRICE PAID TO BREEDER ON OR BEFORE THE PUPPY’S 1ST DAY OF IT’S 10TH WEEK OF LIFE.
  • ALL PUPPIES TO BE SENT VIA FLIGHT MUST BE PAID FOR IN FULL BEFORE CONFIRMING FLIGHT WITH AIRLINE.
  • THE PURCHASE PRICE DOES NOT INCLUDE ANY DELIVERY OR SHIPPING CHARGES WHICH ARE CALCULATED SEPARATELY.

  THERE ARE NO REFUNDS ON HOLDING/DEPOSIT FEES & FAILURE OF THE BUYER TO COMPLETE THIS PURCHASE WOULD SUBJECT BREEDER TO LOST OPPORTUNITIES TO SELL THE PUPPY TO SOME OTHER BUYER & RETENTION OF THE HOLDING/DEPOSIT FEES IS MEANT TO COMPENSATE BREEDER FOR THIS POSSIBLE LOSS. THIS HOLDING/DEPOSIT FEE SIGNIFIES THE INTENT ON THE PART OF THE BUYER TO FOLLOW THROUGH WITH THE PURCHASE OF THIS PUPPY.  

BREEDER DOES NOT GUARANTEE THAT A PUPPY OF ANY GENDER OR COLOR WILL BE AVAILABLE – HOWEVER, IF THE GENDER/COLOR THAT THE BUYER HAS REQUESTED IS NOT AVAILABLE IN THE CURRENT LITTER, A DEPOSIT REFUND OR TRANSFER MUST BE REQUESTED WITHIN 7 DAYS AFTER THE ANNOUNCEMENT OF THE BIRTH OF THE PUPPIES.

IF A LIMITED AMOUNT OF A CERTAIN GENDER/COLOR PUPPIES ARE AVAILABLE IN A LITTER AND THERE IS A HIGH INTEREST IN THAT GENDER/COLOR, BUYER SHOULD CONSIDER THEIR ODDS OF BEING ABLE TO SELECT THAT PUPPY FOR THEMSELVES. BREEDER WILL NOT REFUND DEPOSIT IF BUYER CHOOSES TO MOVE FORWARD WITH THE SELECTION PROCESS KNOWING THAT THEIR PREFERRED COLOR/GENDER/PATTERN MAY NOT BE AVAILABLE TO THEM. BREEDER WILL INFORM BUYER, IN WRITING, UPON THE BIRTH ANNOUNCEMENT THAT THERE MAY BE LIMITED OPPORTUNITY TO SELECT A PUPPY WITH THE PREFERENCES LISTED ON THIS DEPOSIT AGREEMENT, PULLED FROM THE APPLICATION SUBMITTED BY THE BUYER. IF BUYER WOULD LIKE TO CHANGE THEIR COLOR/GENDER PREFERENCE IN ORDER TO RECEIVE A PUPPY FROM THE CURRENT LITTER FOR WHICH THEY HAVE MADE A DEPOSIT, BUYER MAY HAVE AN OPTION TO MOVE THE LAST AVAILABLE SLOT ON THE RESERVATION LIST FOR THAT SAME LITTER.  

ANY TRANSFER OF DEPOSIT TO A FUTURE LITTER WILL RESULT IN THE BUYER MOVING TO THE LAST SPOT AVAILABLE ON THE LIST OF THAT FUTURE LITTER.  

ADDITIONAL TERMS:   THE BREEDER RESERVES THE RIGHT TO VOID THIS TRANSACTION & REFUND THE HOLDING/DEPOSIT FEE IF WE LEARN OF ANY REASON WHY BUYER MIGHT NOT BE SUITABLE FOR THE PUPPY – (I.E. BUYER IS FOUND TO BE AN ANIMAL ABUSER, ANIMAL BROKER, VIOLENT PERSON, REPRESENTATIVE OF A PET STORE, REPRESENTATIVE OF A PHARMACEUTICAL RESEARCH LABORATORY ETC.). IF THE TRANSACTION IS VOIDED OR IF THE PUPPY SHOULD NO LONGER BE AVAILABLE DUE TO ILLNESS OR THROUGH SOME TRAGIC ACCIDENT THE PUPPY WERE TO DIE OR OTHERWISE BE SERIOUSLY INJURED BEFORE IT GOES TO ITS NEW HOME THEN THE HOLDING/DEPOSIT FEE WILL BE RETURNED TO THE BUYER WITHIN 14 DAYS OF VOIDING OF THIS CONTRACT.  

BUYER’S REPRESENTATIONS AND WARRANTIES UPON FULL PAYMENT OF PURCHASE PRICE AND RECEIPT/TRANSFER OF LIVE PUPPY

  1. INITIAL HEALTH ASSESSMENT – BUYER AGREES TO HAVE A LICENSED VETERINARIAN PERFORM AN INITIAL HEALTH ASSESSMENT OF THE PUPPY WITHIN 5 DAYS OF TRANSFER OF THE PUPPY, AT BUYER’S SOLE COST. IF THE LICENSED VETERINARIAN DETERMINES DURING THE INITIAL HEALTH ASSESSMENT THAT THE PUPPY SUFFERS FROM LIFE-THREATENING CONDITIONS OR IS OTHERWISE UNFIT FOR SALE, BUYER MUST NOTIFY SELLER AND PROVIDE SELLER THE CONTACT INFORMATION FOR THE LICENSED VETERINARIAN WHO MADE THE DETERMINATION AND ALL RECORDS RELATING TO THE DETERMINATION WITHIN 48 HOURS OF THE DETERMINATION. BUYER UNDERSTANDS AND AGREES THAT FAILURE TO COMPLY WITH THIS PROVISION VOIDS ANY HEALTH GUARANTEE PROVIDED UNDER THIS AGREEMENT OR OTHERWISE.
  2. TERMS OF SELLER’S HEALTH GUARANTEE – IF DURING THE INITIAL HEALTH ASSESSMENT DESCRIBED IN THE ABOVE PARAGRAPH A LICENSED VETERINARIAN DETERMINES THE DOG SUFFERS FROM A GENETICALLY INHERITED DISEASE, AND UPON SELLER’S TIMELY RECEIPT OF NOTICE AS DESCRIBED UNDER INITIAL HEALTH ASSESSMENT BUYER MAY ELECT TO (I) EXCHANGE THE DOG FOR ANOTHER DOG BRED BY SELLER WHEN IT BECOMES AVAILABLE, (II) RETURN THE DOG TO SELLER AND ACCEPT A REFUND OF THE PURCHASE PRICE, OR (III) KEEP THE DOG. IF BUYER ELECTS TO EXCHANGE OR RETURN THE DOG TO SELLER, BUYER AGREES TO IMMEDIATELY COORDINATE WITH SELLER TO MAKE SUCH ARRANGEMENTS AND THAT ANY SHIPPING COSTS FOR DELIVERY OF THE REPLACEMENT DOG SHALL BE THE SOLE RESPONSIBILITY OF BUYER. IF BUYER CHOOSES TO KEEP THE DOG, NO REPLACEMENT OR REFUND WILL BE GIVEN, ALL MEDICAL COSTS AND TREATMENT SHALL BE THE SOLE RESPONSIBILITY OF THE BUYER, AND ANY HEALTH GUARANTEE PROVIDED UNDER THIS AGREEMENT OR OTHERWISE SHALL BE RENDERED VOID.
  3. 24-MONTH HEALTH GUARANTEE – IF IT IS DETERMINED BY TWO LICENSED VETERINARIANS WITHIN THE FIRST 24 MONTHS AFTER BIRTH THAT THE DOG SUFFERS FROM A GENETICALLY INHERITED DISEASE THAT WAS NOT IDENTIFIED DURING THE INITIAL HEALTH ASSESSMENT, BUYER MUST NOTIFY SELLER AND PROVIDE SELLER THE CONTACT INFORMATION FOR THE TWO LICENSED VETERINARIANS WHO MADE THE DETERMINATIONS AND ALL RECORDS RELATING TO THEIR DETERMINATIONS WITHIN 48 HOURS OF THEIR DETERMINATIONS. IF THE TWO LICENSED VETERINARIANS DETERMINE THAT THE GENETICALLY INHERITED DISEASE IMPAIRS THE DOG’S QUALITY OF LIFE AND FITNESS AS A COMPANION PET, BUYER MAY ELECT TO (I) EXCHANGE THE DOG FOR ANOTHER DOG BRED BY SELLER WHEN IT BECOMES AVAILABLE, (II) RETURN THE DOG TO SELLER AND ACCEPT A REFUND OF THE PURCHASE PRICE, OR (III) KEEP THE DOG. IF BUYER ELECTS TO EXCHANGE OR RETURN THE DOG TO SELLER, BUYER AGREES TO IMMEDIATELY COORDINATE WITH SELLER TO MAKE SUCH ARRANGEMENTS AND THAT ANY SHIPPING COSTS FOR DELIVERY OF THE REPLACEMENT DOG SHALL BE THE SOLE RESPONSIBILITY OF BUYER. IF BUYER CHOOSES TO KEEP THE DOG, SELLER WILL PROVIDE A PARTIAL REFUND OF 50% OF THE ORIGINAL PURCHASE PRICE, BUT NO REPLACEMENT WILL BE GIVEN, ALL MEDICAL COSTS AND TREATMENT SHALL BE THE SOLE RESPONSIBILITY OF THE BUYER, AND ANY HEALTH GUARANTEE PROVIDED UNDER THIS AGREEMENT OR OTHERWISE SHALL BE RENDERED VOID. IF THE TWO LICENSED VETERINARIANS DETERMINE THAT THE GENETICALLY INHERITED DISEASE DOES NOT IMPAIR THE DOG’S QUALITY OF LIFE AND FITNESS AS A COMPANION PET, SELLER AGREES TO PROVIDE BUYER A PARTIAL REFUND IN THE AMOUNT OF 50% OF THE PURCHASE PRICE OF THE DOG.
  4. LIMITATIONS ON ALL HEALTH GUARANTEES – IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE, ANY AND ALL GUARANTEES RELATING TO THE HEALTH OF THE DOG SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: a. ANY HEALTH GUARANTEE PROVIDED UNDER THIS AGREEMENT IS NON-TRANSFERRABLE AND SHALL NOT EXTEND TO ANY PARTY BEYOND THE BUYER. b. ANY HEALTH GUARANTEE PROVIDED UNDER THIS AGREEMENT OR OTHERWISE SHALL BE RENDERED VOID IF SURGICAL TREATMENT IS PERFORMED ON THE DOG WITHOUT PRIOR NOTICE TO SELLER. c. SELLER’S GUARANTEES DO NOT APPLY WITH REGARD TO THE DOG’S WEIGHT, TEMPERAMENT, BITE, DESCENDED TESTICLES, DIGESTIVE CONDITIONS COMMON AMONG THE BREED, OR EAR INFECTIONS COMMON AMONG THE BREED; PROBLEMS ARISING FROM ALLERGIES, HOUSING POLICIES, MARITAL PROBLEMS, GENERAL INCOMPATIBILITY; PROBLEMS ARISING FROM THE FAILURE TO PROVIDE ROUTINE PREVENTATIVE HEALTH CARE, VACCINES, PARASITE AND FLEA CONTROL, OR DENTAL CARE; PROBLEMS ARISING FROM TRAUMA OR ABUSE THE DOG OR THE FAILURE TO PROVIDE ADEQUATE HOUSING, KENNELING, TRAINING, OR EXERCISE TO THE DOG; AND ANY OTHER PROBLEMS NOT RELATED TO A GENETICALLY INHERITED DISEASE. d. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT ALL REMEDIES DESCRIBED HEREIN SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO THE SELLER’S HEALTH GUARANTEES. SELLER WILL NOT ISSUE ANY REFUNDS AND SHALL NOT OTHERWISE BE RESPONSIBLE OR LIABLE FOR ANY PROBLEMS WITH THE DOG THAT ARE NOT COVERED BY THE SELLER’S HEALTH GUARANTEES DESCRIBED HEREIN.
  5. FIT HOME AND RE-HOMING – BUYER AGREES THAT THE DOG SHALL PERMANENTLY RESIDE WITH THE BUYER AS A COMPANION PET. BUYER FURTHER AGREES TO PROVIDE THE DOG WITH A SAFE AND FIT HOME IN ACCORDANCE WITH THE STATE OF GEORGIA. BUYER UNDERSTANDS THAT SELLER STRONGLY OPPOSES THE PLACEMENT OF ITS DOGS IN SHELTERS, WITH DOG DEALERS, OR IN UNFIT HOMES. ACCORDINGLY, IF THE BUYER LATER BECOMES UNABLE TO PROVIDE THE DOG WITH A SUITABLE HOME AND ADEQUATE CARE, BUYER AGREES TO IMMEDIATELY RETURN THE DOG TO SELLER FOR CONSIGNMENT SALE AND RE-HOMING. BUYER MAY RECOMMEND A PARTICULAR HOME FOR SELLER’S CONSIDERATION FOR RE-HOMING; HOWEVER, ANY SUCH HOME WILL BE SUBJECT TO SELLER’S EXPRESS APPROVAL. UNDER NO CIRCUMSTANCES MAY BUYER SELL, TRANSFER, OR OTHERWISE RE-HOME THE DOG WITHOUT THE EXPRESS APPROVAL OF SELLER. BUYER UNDERSTANDS THAT IF THE DOG IS CONSIGNED AND RE-HOMED, THE CONSIGNMENT SALE PRICE OF THE CONSIGNED DOG MAY BE LESS THAN THE ORIGINAL PURCHASE PRICE, THAT SELLER HAS THE SOLE AND EXCLUSIVE RIGHT TO DECIDE ALL TERMS OF THE CONSIGNMENT SALE, AND THAT THE SELLER SHALL BE ENTITLED TO A $150 CONSIGNMENT FEE PLUS EXPENSES TO BE DEDUCTED FROM THE CONSIGNMENT PROCEEDS.
  6. LIQUIDATED DAMAGES VIOLATIONS OF FIT HOME AND RE-HOMING REQUIREMENTS – BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT ANY VIOLATION OF THE FIT HOME AND REHOMING REQUIREMENTS DESCRIBED IN THE PARAGRAPH ABOVE WILL RESULT IN DAMAGES TO SELLER THAT WILL BE DIFFICULT IF NOT IMPOSSIBLE TO ACCURATELY ESTIMATE, BECAUSE OF, AMONG OTHER FACTORS, THE INHERENT DIFFICULTIES IN ASCERTAINING THE UNAUTHORIZED SALES OF DOGS, CALCULATING THE LOSS OF INCOME TO SELLER, VALUING THE THREAT OF HARM TO SELLER’S DOGS ARISING FROM IRRESPONSIBLE BREEDING PRACTICES, AND CALCULATING THE DAMAGES TO SELLER’S REPUTATION SHOULD ITS DOGS BE USED IN IRRESPONSIBLE BREEDING PRACTICES. ACCORDINGLY, BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT ANY VIOLATION OF THE FIT HOME AND RE-HOMING REQUIREMENTS DESCRIBED ABOVE SHALL ENTITLE SELLER TO LIQUIDATED DAMAGES IN THE AMOUNT OF $12,000.00. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT SUCH AMOUNT IS NOT A PENALTY AND IS REASONABLE IN LIGHT OF THE FACTORS DISCUSSED HEREIN AND OTHER FACTORS.
  7. INDEMNITY AND RELEASE – 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. BUYER RELEASES SELLER FROM ANY AND ALL LIABILITY, COSTS OR DAMAGES CAUSED BY THE DOG AFTER TRANSFER BY SELLER, INCLUDING BUT NOT LIMITED TO DAMAGE TO OR DESTRUCTION OF PROPERTY, AND INJURY TO ANY PERSON.
  8. ATTORNEYS’ FEES – IF SELLER INSTITUTES ANY SUIT OR ACTION TO ENFORCE ANY TERM OF THIS AGREEMENT AGAINST BUYER, SELLER SHALL BE ENTITLED TO RECOVER FROM BUYER ITS REASONABLE ATTORNEYS’ FEES AND COSTS.
  9. GOVERNING LAW – THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF GEORGIA.
  10. OPPORTUNITY TO CONSULT WITH COUNSEL – THE PARTIES HEREBY REPRESENT AND ACKNOWLEDGE THAT THEY HAVE BEEN PROVIDED WITH THE OPPORTUNITY TO DISCUSS AND REVIEW THE TERMS OF THIS AGREEMENT WITH THEIR RESPECTIVE ATTORNEYS BEFORE SIGNING IT AND THAT THEY ARE FREELY AND VOLUNTARILY SIGNING THIS DOCUMENT IN EXCHANGE FOR THE BENEFITS PROVIDED HEREIN. THE PARTIES FURTHER REPRESENT AND ACKNOWLEDGE THAT THEY HAVE BEEN PROVIDED A REASONABLE PERIOD OF TIME WITHIN WHICH TO REVIEW THE TERMS OF THIS AGREEMENT ENTIRE AGREEMENT. THIS AGREEMENT 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. NO ALTERATION OF OR AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS GIVEN IN WRITING AND SIGNED BY THE PARTY OR PARTIES SOUGHT TO BE CHARGED OR BOUND BY THE ALTERATION OF AMENDMENT.

  GENERAL; THIS WRITTEN AGREEMENT CONTAINS ALL OF THE TERMS & THE ABOVE CONDITIONS OF THE HOLDING/DEPOSIT FEE AGREEMENT AND OF THE BUYER’S REPRESENTATIONS AND WARRANTIES UPON FULL PAYMENT OF PURCHASE PRICE AND RECEIPT/TRANSFER OF LIVE PUPPY. BUYER AGREES THAT THEY UNDERSTAND THIS CONTRACT FULLY AND THAT THIS CONTRACT IS UNDER THE JURISDICTION OF THE STATE OF GEORGIA. IT IS AGREED THAT THE PLACE OF VENUE SHALL BE IN WAYNE COUNTY, GEORGIA. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT MAY BE EXECUTED BY THE FULL PAYMENT OF THE INVOICE NAMED “DEPOSIT REQUEST” TO WHICH IT IS ELECTRONICALLY ATTACHED. FULL PAYMENT OF THE ABOVE MENTIONED INVOICE SHALL BE CONSIDERED AS AN ORIGINAL SIGNATURE FOR ALL PURPOSES AND SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL SIGNATURE: BY PAYING THE INVOICE FOR THE DEPOSIT FEE, BUYER STATES THAT THEY HAVE READ THE PUPPY DEPOSIT AGREEMENT & THE BUYER’S REPRESENTATIONS AND WARRANTIES AND IS IN COMPLETE AGREEMENT.    

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