Notori Show Contract
This agreement is made and entered into this _____ day of __________________20____ by and between ROBYN SPARKS (seller) 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
For $___________, the seller agrees to sell and the buyer agrees to purchase a female____/male____ companion puppy 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 3 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 x-rayed for hip dysplasia. If said puppy/dog develops hip dysplasia within 2 years of birth, the buyer may return the dog to the seller and will receive a replacement puppy/dog of like quality from the next available litter, or the Buyer may keep the dog, which will be neutered. If the Buyer chooses a replacement puppy/dog, Buyer and Seller shall make prompt arrangements (within 10 days) of receipt of certified letter and veterinarian certificate for return of the puppy/dog sold herein to the seller. Buyer shall be responsible for taking good and reasonable care of the puppy/dog until Seller receives it. Costs and related expenses of returning the puppy/dog to Seller shall be the obligation of the Buyer. Should the Buyer or the Seller elect to not replace the puppy from an upcoming litter (for any reason) than the Buyer will receive a refund of 1/2 the original purchase price.
4. Ownership of the puppy/dog will be transferred to the Buyer for the sale price of $_________ to be paid as follows: $100 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 $_________ will be paid in cash or certified funds prior to the puppy/dog leaving the Seller's premises.
If the balance is not paid by ____________________, this agreement shall be canceled and the Buyer forfeits the deposit given here under. If the Buyer elects to leave the puppy with the Seller beyond the date of execution of this agreement. The Buyer agrees to pay boarding charges and all expenses relating to the puppy's health and needs until the agreed departure date. Should the Buyer not claim the puppy/dog on the agreed departure date or not make boarding and expense payments in a timely manner (paid in full monthly) than the Seller will send a certified letter to the Buyer, giving them 14 days from mailing, to pay in full and claim the puppy/dog or the agreement will be null and void and the Buyer forfeits any refunds, including purchase price, deposits and any fees paid to the Seller for puppy/dog care.
5. The Seller has determined that the puppy/dog is of "show quality". The puppy will 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 breeder 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 prebreeding health testing. Buyer is required to obtain the following health clearances prior to breeding: OFA hips, vWD -VetGen, cardiac testing (Holter or Ultrasound & EKG), complete thyroid panel. Buyer is responsible for all breeding/whelping related expenses.
IN THE EVENT THAT BUYER BREACHES ANY PARTS OF PARAGRAPH 5 BUYER AGREES TO PAY LIQUIDATED DAMAGES TO SELLER IN THE AMOUNT OF $2500 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 uppy/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 by certified letter (return receipt) before taking such action so that the puppy/dog may, at the Seller's option, be repurchased by the Seller at the original sale price, up to 6 months form date of purchase or 1/2 the original sale price thereafter. Upon notification, the Seller shall have 10 business days to exercise said repurchase option. The Buyer will be responsible for the puppy/dog's safe return to the Seller.
If the Seller elects to allow the puppy/dog to be rehoused by the Buyer, the Buyer will receive written authorization within 10 business days of notification. 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.
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.