Notori Show Contract
Notori Dobermans Show Prospect Contract
This agreement is made and entered into this _____ day of __________________20____ by and between ROBYN SPARKS & BROCK SAULS (sellers) and __________________________________________(buyer), for the purpose of setting forth the terms and conditions of purchase by the buyer of a purebred DOBERMAN PINSCHER from the litter whelped on ___________________________out of ______________________ and____________________.
For $___________, the seller agrees to sell and the buyer agrees to purchase a female____/male____ companions puppy as a show prospect from the litter described above subject to the following terms.
1. Seller warrants that the above described puppy/dog is a purebred DOBERMAN PINSCHER registrable with the American Kennel Club and that registration papers will be provided.
2. Seller warrants that the above described puppy/dog is in good health at the time Buyer assumes ownership. Buyer agrees to have the puppy examined by a licensed veterinarian within 7 business days of purchase.
If, as a result of the examination, the veterinarian determines that the puppy/dog is not in good health then the buyer shall elect to keep the puppy/dog or return the puppy/dog to the seller for a full refund of the purchase price. If the buyer elect to return the puppy, Buyer shall, within 48 hours of the examination, send the seller by certified mail a written veterinarian's certificate stating that the puppy/dog was ill when examined. Upon receipt by Seller of said certificate, Buyer shall be obligated t return the puppy/dog to the Seller at the Buyer's expense. Upon receipt of the puppy/dog, the Seller shall be obligated to refund all monies received by the Buyer toward the purchase price of the puppy/dog, and further performance under this contract shall be null and void. All action taken to return the puppy shall be done with the best interest of the puppy/dog in mind. To include but not limited to non stop flights if shipping is required.
3. Seller warrants that the puppy/dog sold her under is progeny of animals with appropriate health clearances at the time of breeding. Embark DNA testing has been performed on all puppies and a copy of the results are provided.
4. Ownership of the puppy/dog will be transferred to the Buyer for the sale price of $4,000 to be paid as follows: $1000 deposit to reserve a puppy from the above listed litter. If a puppy is not available for you, the refund will be returned. Upon execution of this agreement the balance of $3000 will be paid in cash or certified funds prior to the puppy/dog leaving the Seller's premises.
5. The Seller has determined that the puppy/dog is of "show quality". The puppy may be sold on a co ownership with the breeder.
A) Buyer agrees to keep puppy/dog in proper show condition.
B) Buyer agrees not to breed dog unless it has either obtained it's AKC Championship or is at least Major Pointed. If for some reason dog is unable to finish it's Championship and buyer still wishes to breed, buyer is to consult seller first. Buyer must have consent of Seller/co owner prior to any breeding.
C) Buyer shall acknowledge the sire, dam and breeders in all advertising.
D) Buyer agrees to make a reasonable effort to show the puppy/dog to a championship title. The Buyer understands this may require hiring a professional handler. The Buyer agrees to pay all, but not limited to; entry fees, handling fees, boarding, travel and advertising expenses associated with showing the puppy/dog.
E) Buyer agrees to be financially responsible for all pre breeding health testing. Buyer is required to obtain the appropriate health clearances prior to breeding: OFA hips, cardiac testing (Holter or Ultrasound & EKG), complete thyroid panel. Buyer is responsible for all breeding/whelping related expenses. F) Seller is to remain as alternate contact for michrochip for the life of the dog
IN THE EVENT THAT BUYER BREACHES ANY PARTS OF PARAGRAPH 5 BUYER AGREES TO PAY LIQUIDATED DAMAGES TO SELLER IN THE AMOUNT OF $5000 AND ALLOW SELLER TO REPOSSESS DOG. BUYER AGREES TO SURRENDER THE DOG TO SELLER ALONG WITH SIGNED AKC PAPERS.
6. Puppy/dog will carry the NOTORI kennel name. The puppy/dog's registered name will have the ____________________theme.
7. Buyer agrees that he/she is not acting as an agent in the purchase of this puppy/dog and that Buyer will not sell this puppy/dog to any agent, pet store, dog breeder or guard dog business.
8. Buyer agrees that if it becomes necessary to sell or otherwise dispose of this puppy/dog, Buyer will notify the Seller before taking such action so that the puppy/dog may, at the seller's option, be returned to the seller. The Buyer will be responsible for the puppy/dog's safe return to the Seller. Should the Buyer rehouse the puppy/dog without the Seller's written consent, the Seller may reclaim the puppy/dog from the new home and the original Buyer forfeits any refunds. If the puppy is returned within 6 months of purchase, a refund of 1/2 the purchase price (less any expenses associated with return) will be given to the buyer upon seller taking possession of the puppy.
9. Buyer agrees that the puppy will reside at the home of the Buyer, have access to a fenced yard, not be chained or tethered, and will be provided with proper housing, a good high quality diet, veterinary recommended vaccines and proper exercise. Buyer also agrees that this puppy/dog will not be used as a guard dog for any business. Buyer agrees that at least on basic obedience training course will be completed with the puppy/dog.
10. This agreement is made and signed by both parties to insure the well being and protection of this puppy/dog. If the Buyer breaches this agreement, the Seller is released from any obligation under this agreement. This contract shall be governed by the laws of South Carolina. Buyer indemnifies Seller if dog injures persons or property. This document constitutes the entire agreement of the parties and there are no representations, warranties, or agreements other than those contained in this document .
11. Should it be necessary to resolve any dispute in a court a law. All proceedings will be held in the county in which the Seller resides at the time of dispute. The Buyer shall be responsible for all legal expenses incurred by the Seller.