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Our Puppy Contract D
& G KENNELS Dogo Canario
Name: __________________________________________________ Street Address: _______________________________________ City/State/Zip code: ______________________________ Phone Numbers: Home:____________________________ Work: ____________________________ Cell: ______________________________ E-mail address: _____________________________ Additional Contact Info: _____________________________________ Hereinafter referred
to as "Buyer": It is agreed between Seller and Buyer as follows: 1. DESCRIPTION OF DOG The dog sold pursuant to the terms of this agreement is as follows: Breed: Dogo Canario
Sire Color: __________________________ Dam Color: ___________________________ Herein after referred
to as "Puppy". 2. LIMITATIONS OF CONTRACT This contract applies to the original puppy and original buyer only and is nontransferable to a second party except as pertaining in paragraph 10b. No replacement puppy will be given if Puppy has been bred, neutered or spayed outside of the limitations of this contract. Buyer is responsible for transportation costs to and from D & G Kennels on original and replacement puppy.
a) As of the date
of this agreement, Puppy is in good health and free of communicable
diseases.
a) Buyer is completely
satisfied with and waives any and all claims regarding the Puppy's
conformation, and outward appearance (meaning Puppy meets the breed
standard at this age).
a) Puppy, identified
in Section 1, is being sold for the sum of _______________,
NOTE: Puppies must
be paid off by 6 weeks of age for shipment at 8 weeks of age. Puppies
not paid off by 6 weeks will be offered for resale. Exceptions to
this rule should be stipulated in the Special Provisions section
10-f of this contract. Puppy has been graded to be PET quality. Pet quality shall be understood to mean that because of disqualifying cosmetic faults as defined in the FCI Dogo Canario standard which appear to be irreversible AND/OR display of a fault known to be of genetic origin: a) Buyer understands that Puppy has been sold with limited Federacion Cynologique Internationale (FCI) registration. FCI registration papers will be withheld until a copy of spay/neuter certificate has been received from a licensed Veterinarian. b) Buyer agrees to take all measures necessary to insure that Puppy is not bred, and does not have the opportunity to sire or deliver any litters. c) Buyer agrees that Puppy will be spayed or neutered and proof of same shall be provided to Seller by the age of 12 months unless faults originally assumed to be irreversible have self corrected, and proof of correction agreeable to Seller has been provided to Seller. d) Should said faults self correct in the opinion of Seller, Buyer will be allowed the option of changing the original limited FCI registration to full FCI registration with all associated rights with payment of the difference between pet and show/breeding price. Should this occur stipulations listed under Part 7-c and 7-d shall apply.
Puppy has been graded to be SHOW/BREEDING quality. Breed/show prospect shall be understood to mean that no disqualifying cosmetic faults as defined in the FCI Dogo Canario standard are evident at time of sale and further that no faults of genetic origin are immediately apparent. a) Buyer understands that Puppy has been sold with unlimited FCI registration. b) Should Puppy develop any disqualifying faults as defined in the FCI Dogo Canario standard, the conditions of Part 8-h shall apply. c) Awards and Critiques: Photocopies of all awards and critiques along with the name (s) of the judge (s) and the Club sponsoring the show shall be forwarded to breeder. Buyer also agrees that Seller may use the photographs and any particulars of qualifying awards in any future advertising. d) Breeding Prerequisites: Puppy shall NOT be bred until after the age of 2 (two) years and shall only be bred after receiving hip and temperament evaluations. Puppy shall be bred ONLY to hip and temperament evaluated mates. Buyer will forward a copy of hip and temperament certification to Seller upon receipt. Seller strongly recommends that eyes and elbows also be checked and certified. NOTE: If you decide to use OFA to certify hips, do NOT initial the box that allows them to make public any results, passing or failing. Doing so will void your guarantee! 8. HEALTH/TEMPERAMENT a) Seller guarantees that Puppy is in good health and has received appropriate medical inoculations and care including parvo inoculations and worming. Seller will provide Buyer with a medical chart detailing treatment Puppy has received under Seller's care, and future care Seller feels is essential to Puppy's well being. b) Seller guarantees that Puppy is free of life threatening diseases or disabilities (i.e., parvo, etc.) for 72 hours after delivery to Buyer. Buyer may return Puppy to Seller for a full refund for any reason within this period, providing Buyer pay all return transportation costs to D & G Kennels. Seller strongly recommends that Buyer have Puppy examined by a licensed veterinarian of Buyer's choice within 72 hours of receipt of Puppy. c) Seller strongly recommends that Buyer attend obedience classes with Puppy and provide proper socialization opportunities for Puppy. ****d) Seller shall not be held responsible for acts of Puppy.**** e) Seller shall not be held responsible for the development of non-genetically derived disqualifying faults, diseases, or disorders. f) Should Puppy exhibit aggressive behavior which Buyer deems intolerable and irreversible within 12 months after purchase, Buyer will provide Seller with proof that Puppy has been sufficiently socialized and that obedience classes and other structured training methods have been attempted with no results. Upon receipt of such proof, evaluations of Puppy will be scheduled with three recognized canine breeders or trainers, one to be chosen by Buyer, one to be chosen by Seller, and one to be chosen jointly. Should Puppy be deemed irreversibly aggressive by two of the chosen breeders/trainers, Seller will arrange for ownership transfer back to Seller of Puppy and provide Buyer with a replacement puppy of similar quality as soon as such a puppy is available to Seller. If Puppy has not received adequate socialization, Seller will accept Puppy back but there will be no replacement or refund. g) Seller guarantees that Puppy will obtain a passing OFA hip rating (Fair, Good, or Excellent) at the age of 2 years, or a median or below distraction index when doing PennHIP. Examination MUST be done by the age of 25 months. Failure to do so voids the hip guarantee. A copy of OFA or PennHIP certifications must be forwarded to seller. Seller retains the right to require a second set of films be taken and sent in to OFA for a second opinion. h) Should a Breed/Show
quality Puppy be diagnosed with any genetically derived medical
disorder which is attested to by two unassociated veterinarians,
Seller will, upon provision of veterinary reports and, where applicable,
Orthopedic Foundation for Animals (OFA) report, PennHIP evaluation
or Canine Eye Registration Foundation (CERF) certification, provide
Buyer with one of the following options: 9. MAINTENANCE a) Buyer agrees to maintain Puppy in good health, provide routine preventative health care including, but not limited to the following: annual physical exams by a licensed veterinarian, annual vaccinations against DHLPP, annual fecal exams, continual heartworm prevention, and rabies vaccinations as mandated by Buyer's state and county of residence. b) Buyer further agrees to provide proper exercise as indicated in order to maintain Puppy in proper weight and physical shape. A proper diet consisting of top-quality dog food shall be fed. It is NOT necessary nor advised to supplement unless directed to do so by your veterinarian. Foods NOT to be fed include highly commercialized brands with artificial preservatives. Vitamin E is an acceptable preservative. c) During the life of Puppy, Buyer and Seller agree to notify each other, within 30 days, of any changes in address or phone numbers. d) Buyer agrees that Puppy is NOT to be LEFT SOLELY IN A BACKYARD OR KENNEL and will be allowed to spend substantial quality time in the home with family members. Puppy is sold with the understanding that it was to go to carefully selected parties and the Buyer AVOWS that Puppy shall become a member of the family. (This is to assure proper development and maintenance of the temperament for which the animal was bred.)
a) If it is reported and confirmed that Puppy is being abused or neglected by Buyer, rights and ownership of Puppy will automatically terminate and revert back to Seller who may immediately assume possession. Buyer agrees Seller will REPOSSESS PUPPY UPON EVIDENCE OF NEGLECT AND/OR ABUSE and that Buyer will be responsible for Seller's fees and costs involved in repossession. b) If at any time circumstances are such that Buyer cannot keep Puppy, Buyer grants Seller Right of First Refusal to take possession of Puppy. Such offer of Right of First Refusal will be given to Seller in writing, via certified mail. The Seller shall have five (5) working days after receipt of written offer to exercise this option. Any transfer back to the Seller shall be accompanied with the appropriate FCI registration papers properly endorsed by Buyer. (In the event that emergency circumstances require immediate relocation of Puppy, it can be returned to Seller immediately, and Seller will thereafter handle the transfer as appropriate.) c) Buyer will not sell, give or otherwise transfer Puppy without first giving Seller Right of First Refusal (10-b above). Under NO circumstances shall Puppy be taken to an animal shelter, humane society, or released to a Rescue group. d) Should Buyer choose to break any of the covenants of this Agreement, the remainder of the Agreement will be considered null and void, Seller will have the right to repossess Puppy and that Buyer will be liable for any costs involved in that repossession. e) Buyer agrees that Seller shall have the right to enforce provisions of this contract in a court of law or through alternative dispute mediation. If legal action by Seller is necessary to enforce any provision, Buyer will pay for costs and attorney fees incurred by Seller. 11. SPECIAL PROVISIONS (LIQUIDATED DAMAGES) a) Seller has endeavored for many years to protect the breed and his dogs from improper ownership and treatment. If Buyer breaches Right of First Refusal (10b) or otherwise improperly surrenders Puppy to another party (10c), Buyer will pay liquidated damages to Seller of $1500.00. b) The reputation of Seller's kennel is the result of many years of work and professional experience, and inappropriate breeding of a bitch or dog of his kennel damages the reputation and value of his kennel name and of other litters. If Puppy has been sold as Pet quality (and has not self-corrected) and is to be spayed or neutered, intentional or negligent breeding of such Puppy is detrimental to the breed and to Seller's kennel name. Acknowledging the intrinsic value of Seller's kennel name and the difficulty of precise damage calculations for breach of the contract, Buyer agrees to pay Seller $1500 per puppy (alive or dead) born as a result of any such breeding.
These points are stated above but, as they are most important, they do require repeating: • This puppy, if bred at all, is only to be bred to another FCI registered Dogo Canario. The puppy you have purchased is to be bred to better the breed, not to create puppies and make money by breeding to anything that comes across its path. Breeding to another breed or to a non-FCI registered dog will void all guarantees stated in this contract and will make you monetarily liable for $1500.00 per puppy produced, alive or dead. DO NOT LET YOUR DOG BE ACCIDENTALLY BRED! • If at any time you are unable to keep, or otherwise properly care for your purchased puppy, you agree to contact D & G Kennels and inform us of the situation, reserving for us the right and opportunity to place the dog for you or take it back. At no time should the dog be placed into a shelter or given away to another party. Giving the dog away will void all guarantees stated in this contract for you as the original purchaser and the person you give the dog to. By signing below, Buyer declares that he / she has read, understands, and agrees to the above Contract: SELLER print/signature/date: ________________________________________
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