CONTRACT
OF SALE
SELLER: _ DELLA and HARVEY BROCK___________________
KENNEL
NAME: _ACCLAIM AUSTRALIAN SHEPHERDS______
Phone _281.375.5936 / _832.573.2186 Cell_____ E-Mail
_dellab@acclaimaussies.com_
Website
URL www.acclaimaussies.com
Address: __35434
PONTIAC
DR., BROOKSHIRE, TX 77423___
PURCHASER: __JOHN & MARY SMITH________________________________
KENNEL NAME: ___N.A.______________________________________
Phone: __123.456.7890 Home / Cell / Wk__
E-Mail _jnmsmith1@my-email.net_
Address: ___2222 DOG LOVERS LANE, HOMETOWN, TX 77777___________
TERMS OF
SALE:
A. Outright Purchase / WORKING - SHOW ( )
B. Co-ownership - Unconditional / WORKING - SHOW ( )
C. Co-ownership - Conditional / WORKING - SHOW ( )
D. Outright Purchase / PET – COMPANION ( XXX )
Date of
Sale: ___01/01/06__________ Date of Delivery: __01/02/06____
PRICE: _$_XXX.00___(US)_
PAYMENT / DATE: Deposit : _$0.00_ Rec’d: _$0.00 _Balance:_$XXX.00__
(Due on delivery)
Paid in full? [Yes] /
[No] Payment
Terms or Qualifications __ ____.
This
contractual agreement is between __DELLA and HARVEY BROCK______,
hereinafter referred to as "SELLER" or “BREEDER” and ___ JOHN & MARY SMITH
___________________, hereinafter referred to as “PURCHASER", for the sale and
purchase of One (1) purebred Australian Shepherd. {PUP’S NAME}
In consideration of a purchase price of __ Dollars & No
/ 100’s_________, the breeder transfers in fee simple all rights,
privileges and responsibilities associated with the ownership of a (highlight
or circle one) MALE / FEMALE, (highlight or circle one) BLACK-TRI / RED-TRI /
BLUE MERLE / RED MERLE dog of the Australian Shepherd breed, to
PURCHASER as of the date and time specified above. This contract represents the
entire agreement between SELLER / Breeder and PURCHASER in an (highlight or
circle one) OUTRIGHT / CO-OWNERSHIP / LIMITED REGISTRATION sale. The PURCHASER
agrees that they are responsible for all shipping and transportation costs, if
applicable, to be remitted to the SELLER - BREEDER prior to the shipping of the
dog, if applicable. Personal checks will be accepted for deposit consideration.
The remaining balance must be paid by cashiers check or money order, unless
otherwise previously agreed to by SELLER.
Use of the Dog:
It is agreed between SELLER and PURCHASER that this dog is being acquired as, a
WORKING / SHOW dog [A, B, or C], to be used for tasks appropriate to its breed,
or as family companion dog [D]. Appropriate tasks include Herding, Search &
Rescue, Therapy, Exhibition in Conformation, Obedience, Frisbee, Fly-Ball,
Tracking or Agility Competitions.
PURCHASER agrees that the dog is not being purchased for resale, nor will it be used or trained for activities which are illegal, or for which it is not suited by reason of temperament, or conformation. Specifically it will not be used as a guard or attack dog, to hunt or fight other animals, or be used in scientific experimental research.
SELLER reserves the right to breed the dog, or collect semen, no more than Five (5) times, free of charge, to / for any bitch the SELLER either owns, co-owns, or leases, at any time after his Championship is received.
SELLER
reserves the right to show the dog in CONFIRMATION / Bred-by-Exhibitor
Competitions when mutually agreed by both
parties.
Health:
The breeder warrants the dog to be in good health at the time of sale.
Furthermore, the breeder warrants that both the sire and dam's hips have been
X-Rayed and evaluated by the Orthopedic Foundation for Animals (OFA) in the
United States, Penn Hip method, or by the appropriate certifying body in
"Country of Origin", and have been found to be of the grade of "Good" or better
by the Orthopedic Foundation for Animals (or the equivalent grade in Penn-Hip or
country of origin), and are free of canine hip dysplasia [contingent upon proper
weight maintenance], and that their eyes have been examined by a veterinary
ophthalmologist and certified to be free from inherited eye disorders at the
time of the examination.
SELLER
strongly encourages PURCHASER to have the dog examined by a Veterinarian, of
PURCHASER's choice, within 72 hours of picking up the dog. Said dog may be
returned to the SELLER for any reason within the 72 hours following purchase. If
the dog is returned in the same physical condition it was delivered in, and has
not been exposed to contagious diseases, the PURCHASER will then be entitled to
a refund of the original purchase price, but not to include transportation and
Veterinary costs.
In the event of emergence of any genetic disorder, which is sufficiently serious
to prevent the animal from fulfilling its represented role to the PURCHASER, the
PURCHASER may:
A. Return the puppy or dog, in its original
condition, and receive a replacement of equal quality, at the SELLER’s
discretion, from a future litter, within two (2) years of the return date.
B. If sold as Show Quality, PURCHASER may spay / neuter and keep the dog,
and SELLER will refund the difference between Pet and Show purchase prices, as
determined at the original time of sale.
The PURCHASER agrees that all shipping and transportation costs of the
replacement pup, are PURCHASER’s responsibility, and no animal will be shipped
without these costs being remitted to the SELLER first.
Once the dog has been bred under any circumstances, the guarantee will be
considered fulfilled, and SELLER will have no further obligations to PURCHASER.
Breeding:
Prior to PURCHASER breeding this dog the following conditions must be met:
1. The dog must have reached three (3) years of age.
2. The dog’s hips must be x-rayed and must be OFA certified.
3. The dog’s eyes must be examined by a certified veterinary ophthalmologist, determined free of inherited eye defects, and registered with CERF, within six (6) months prior to breeding.
If the above animal is bred to another animal, which is not OFA certified at the time of breeding, and / or has not had its eyes certified normal within Six (6) months prior to breeding, this guarantee is null and void.
Registration:
The SELLER certifies that the dog is eligible for registration under the
Regulations of the American Kennel Club and of the Australian Shepherd Club of
America, as a purebred Australian Shepherd, and will provide the proper forms
for such registration. The SELLER reserves the right to affix the kennel
name(s)_____ACCLAIM_________________ and supply a registry
name for the dog. No other kennel name shall be affixed or appended to this
dog’s registry name, unless expressly permitted by SELLER.
For
Co-ownerships - Conditional / WORKING - SHOW, SELLER agrees to transfer sole
ownership to PURCHASER either when a). the dog / bitch completes their
Championships, and has all required clearances, or b.) is spayed / neutered as
mutually agreed by both parties.
Dogs purchased as a Family
Companion / Pets, will only be provided Limited Registration papers.
Ownership Responsibilities:
1. PURCHASER agrees to maintain the dog in a humane environment and properly
train and care for the dog. Specifically, the dog will be legally licensed and
inoculated against rabies, distemper, parvovirus, and other communicable
diseases as recommended by a qualified licensed veterinarian.
2.
PURCHASER agrees to maintain the dog on a commercial Heartworm preventative on a
schedule recommended for the specific region in which the dog will reside. Under
no circumstances will the dog or puppy be administered liquid Ivermectin, either
orally or by injection as a means of heartworm preventative.
3. PURCHASER agrees that the dog will not be allowed to roam on neighboring
properties and will be confined in a secure fenced area when unattended.
4. PURCHASER agrees to ensure that the puppy will be socialized with other
animals and humans.
5. PURCHASER agrees that he / she is not acting as an agent of, nor will the
PURCHASER in turn sell this dog or it's progeny to any pet store, dealer,
wholesale outlet, known puppy mills, anyone intending to breed for commercial
resale, guard dog business, or research facility.
6. PURCHASER agrees to keep SELLER notified of current phone number(s) & addresses, including email, as well as dog’s titles earned, or accomplishments.
7. PURCHASER of family companion / pet dogs agree to train the dog in basic obedience skills, and to attend at least One (1) basic obedience course, with the dog.
8. PURCHASER agrees to provide SELLER with digital photos of dog, AT LEAST ONCE PER YEAR, which SELLER may proudly display on ACCLAIMAUSSIES.COM website, if SELLER so desires.
Spay & Neutering:
Dogs purchased solely as Family Companions - Pets must be Spayed / Neutered
before Nine (9) months of age. If both parties agree to this option in lieu of a
temporary co-ownership or other arrangements, initial here:_____________________
Show Quality Dogs:
The SELLER will use his best judgment in evaluating the show or pet quality
status of the represented dog. Due to the numerous circumstances involved in
campaigning, maintaining and showing a dog, we will not guarantee that a "Show
Quality" dog or puppy will be successful in the show ring as an adult, and no
warranties are made to that effect.
The SELLER requires PURCHASER to participate in the sport of purebred dogs, and may be available to assist and mentor PURCHASER(s) in preparing and exhibiting dogs, which are evaluated to be of show quality. If PURCHASER chooses not to exhibit / show the dog themselves, PURCHSER agrees to hire a handler. In those instances when feasible, or previously agreed by both parties that SELLER is to exhibit the dog, PURCHASER shall pay all entry fees & expenses.
First Right of Refusal:
Should PURCHASER ever offer dog / bitch for sale, trade, or co-ownership, SELLER
shall have the first option to repurchase.
Right of Recovery / Placement:
In the event that the PURCHASER's are unable, or unwilling, to keep the dog or
provide an appropriate home in accordance with this agreement, due to any
reason, including the death of the PURCHASER, the dog will be offered to the
SELLER first. PURCHASER agrees he will not abandon the dog to a shelter, but
shall contact the SELLER to assist in acting as agent to re-home the dog in an
approved environment. In the event the dog is returned, the SELLER is under no
obligation to refund any part of the purchase price. Both AKC and ASCA
registration papers will be supplied and signed over to the Breeder upon
surrender of the animal.
Enforcement:
Any breech
of this contract by PURCHASER shall be subject to a $5,000.00 fine, enforceable
by the applicable laws of, and in, the State of Texas.
Special Conditions:
[ ] This bitch is being sold with the expressed condition of One (1) Puppy, Second Pick, coming back to SELLER in consideration for payment-in-full.
[ ] Other conditions . . . . .
Agreed to this __1ST _______ day of __JANUARY_____, __2006____
Signature of SELLER (s): ____________________________________
____________________________________
Signature of PURCHASER (s): ____________________________________
_____________________________________