Sales Contract

SMITH FARM KENNELS

This Puppy Sales Contract (“Contract”) is entered into between Smith Farm Kennels (“Seller”) and the purchaser of the puppy identified in the applicable sales record (“Buyer”).

1. PUPPY PURCHASE

The Seller agrees to sell the identified puppy to the Buyer, and the Buyer agrees to purchase the puppy under the terms of this Contract.

The specific puppy, breed, sex, date of birth, identification information, purchase price, deposit, balance, and date of transfer will be established by the applicable sales invoice, receipt, electronic transaction record, or other written sales record associated with the transaction.

2. PURCHASE PRICE

The Buyer agrees to pay the purchase price established for the puppy.

Ownership and possession of the puppy will not transfer until the purchase price and any other agreed charges have been paid in full, unless otherwise agreed in writing by Smith Farm Kennels.

3. DEPOSIT

Any deposit paid toward the purchase of a puppy will be credited toward the agreed purchase price.

The treatment of deposits, cancellations, and changes to a transaction is governed by the Smith Farm Kennels Puppy Sales Policies applicable to the transaction.

4. ACCEPTANCE OF PUPPY

The Buyer will have the opportunity to inspect and identify the specific puppy being purchased before taking possession.

Upon completion of the purchase and transfer of possession, the Buyer accepts the identified puppy subject to the terms of this Contract, the Smith Farm Kennels Puppy Sales Policies, and the Smith Farm Kennels Written Puppy Health Guarantee.

5. INCORPORATED DOCUMENTS

The following Smith Farm Kennels documents are incorporated into and form part of the terms governing the sale:

Smith Farm Kennels Puppy Sales Policies & Buyer Requirements

and

Smith Farm Kennels Limited Written Puppy Health Guarantee.

Those documents are publicly available on the Smith Farm Kennels website and are required to be reviewed by the Buyer before purchase.

The Buyer acknowledges that the Buyer has had an opportunity to review those documents before completing the transaction.

6. DELIVERY AND TRANSFER

The method, date, and terms of delivery or transfer will be established in the applicable sales record or written agreement between the parties.

Upon transfer of possession, the Buyer assumes ownership and responsibility for the puppy, subject to the terms of this Contract, the incorporated Smith Farm Kennels documents, and applicable law.

7. INTERSTATE TRANSACTIONS

Smith Farm Kennels may sell puppies within Texas and to Buyers located in other states.

The parties agree to comply with applicable federal, state, and local requirements governing the particular transaction.

Nothing in this Contract is intended to waive or override a requirement that applicable law does not permit the parties to waive.

8. NO ORAL MODIFICATION

This Contract may not be modified by an oral statement or representation.

Any modification to the terms of this Contract must be made in writing and authorized by both the Buyer and Smith Farm Kennels.

9. ENTIRE SALES AGREEMENT

This Contract, together with the applicable sales record and the incorporated Smith Farm Kennels Puppy Sales Policies & Buyer Requirements and Limited Written Puppy Health Guarantee, constitutes the agreement governing the sale of the identified puppy.

If a provision of this Contract conflicts with a mandatory requirement of applicable law, the mandatory legal requirement shall control to the extent of the conflict.

10. SEVERABILITY

If any provision of this Contract is determined to be invalid or unenforceable, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain effective to the maximum extent permitted by applicable law.

11. BUYER ACCEPTANCE

By placing a deposit on or purchasing a puppy from Smith Farm Kennels, the Buyer acknowledges that:

  • The Buyer has had an opportunity to review this Puppy Sales Contract before completing the transaction.
  • The Buyer has had an opportunity to review the Smith Farm Kennels Puppy Sales Policies & Buyer Requirements.
  • The Buyer has had an opportunity to review the Smith Farm Kennels Limited Written Puppy Health Guarantee.
  • The Buyer understands that those documents establish additional terms applicable to the purchase.
  • The Buyer agrees to be bound by the terms applicable to the transaction.

Electronic acceptance, electronic signature, written signature, payment, deposit, or completion of the purchase may constitute acceptance of this Contract to the extent permitted by applicable law.