AGREEMENT OF SALE FOR PET PUPPY
|Applicant/Buyer:||Breeder/Seller:||Cheryl & David Drake|
|Address:||Ashstone Reg'd Kennels|
|City:||Address:||R. R. #1|
|Province/State:||1196 Reeves Rd.|
|Postal/ZIP Code:||Victoria Harbour, ON L0K 2A0|
1. DESCRIPTION OF DOG
The dog sold pursuant to the terms of this agreement is as follows: Colour: ______________________ , Female /Male , Labrador Retriever, Identified by Tattoo: RKV ________, whelped on ____________________, out of:
SIRE: _________________________________________________________ CKC #: __________________
OVC/OFA - Hips: _________________, OVC/OFA - Elbows: _________________, CERF: _________________
DAM: _________________________________________________________ CKC #: __________________
OVC/OFA - Hips: _________________, OVC/OFA - Elbows: _________________, CERF:__________________
This dog, identified in Section 1, is being sold for the sum of $ ______________ and is being sold as a representative of the breed and is structurally and temperamentally suited as a companion, hunting, agility and/or obedience dog. This dog will be neutered by the age of 18 months and a written certificate/letter from the attending veterinarian proving spay/castration MUST be sent to the seller as final payment, before transfer of ownership for CKC Registration will be processed.
3. SELLER'S REPRESENTATIONS
The following representations and conditions apply to the sale of the aforementioned dog:
A) That the above described animal is purebred, the pedigree is correct and is registerable with the Canadian Kennel Club (CKC). The dog has been tattooed for identification purposes.
B) The dog is healthy on delivery, has been wormed, vaccinated, examined by a veterinarian, and when exported out of Canada, comes with a International Health Certificate.
C) At the option and expense of the Buyer, this animal may be taken to a veterinarian for a second health examination within 72 hours at the time of sale or receipt of animal if shipped by air. Failure to do so will relieve the Seller of all liability. If this animal is found to be ill (excluding internal parasites or umbilical hernia) during this examination, the Seller must be notified immediately and the animal may be returned to the Seller, at the Seller's expense, within 48 hours. The dog must be accompanied by a signed statement from a Veterinarian outlining the defect. A replacement puppy will be given if available, if not available, the sale price will be refunded if the condition of the animal has not changed (health, anatomical make-up, appearance & temperament), such changes in condition relieves the Seller of all liability. If Buyer chooses not to return dog then Buyer waives any and all claims regarding the dog's health and relieves the Seller from any liability resulting from ill health of the dog. After 72 hours the health of the dog is the responsibility of the Buyer.
D) Buyer is completely satisfied with and waives any and all claims regarding the dog's conformation and outward appearance.
A) This dog is guaranteed against hip or elbow dysplasia up to the age of 26 months. The dog is also guaranteed, up to the age of four (4) years, against PRA (Progressive Retinal Atrophy). Other congenital problems not addressed in the above warrantee will be dealt with on an individual basis at the Seller's discretion.
Should puppy develop one of the above defects, which is attested to by two unassociated veterinarians, thereby causing Buyer and Seller to agree that puppy is unsuitable as a pet, Seller will, upon provision of veterinary reports and, where applicable, OFA/OVC or CERF report, provide Buyer with one (1) of the following:
1. Should Buyer choose to keep puppy and accept another pet quality puppy, Buyer must pay half the pet price stated above of $ ___________ and any shipping or miscellaneous charges associated with transport of second puppy. Upon receipt of spay certificate and $ ____________ , Seller will provide a Labrador puppy as soon as such puppy is available to Seller.
2. Should Buyer choose to relinquish ownership of puppy to Seller or if the dog is euthanized on a veterinarian's recommendation, and with the permission of the Seller, the Seller will replace the Labrador with another pet quality Labrador at no cost. Buyer is responsible for shipping costs of the returned dog and replacement dog. Written proof of euthanization by a licensed veterinarian must be received by Seller before replacement is given. A returned puppy must be accompanied by a signed CKC/AKC registration transfer.
B) The Seller reserves the right to have the dog checked by a veterinarian of the Seller's choice at the Seller's expense, for the purpose of a second opinion.
C) Seller shall not be held responsible for the development of non-genetically derived disqualifying faults, diseases or disorders which are due to Buyer's negligence.
A) Buyer agrees that he/she will not use this dog for breeding purposes. The dog will remain on the CKC Non-breeding Agreement throughout life. The buyer agrees that if a breeding (planned or accidental) should occur, he/she will pay to seller for breach of contract a fine of $5,000.00, plus the fair market value of each puppy produced. Any warrantee herein contained will become null and void if this dog is used for breeding.
B) Buyer hereby releases and agrees to hold Seller harmless from any and all liability for injuries or damages to person or property caused by dog while in the possession or care of Buyer.
A) Buyer agrees to take proper safeguards for the health, care and safety of said dog, including but not limited to, initial checkups and vaccinations, internal & external parasites, heartworm preventative, maintain dog in a fenced yard with proper shelter (including soft bedding), and the provisions of water, top quality adult formula dog food and proper exercise.
**THIS DOG MAY NEVER RIDE IN THE BACK OF A PICKUP TRUCK WITHOUT THE PROPER LEGAL RESTRAINTS AND MAY NEVER BE "TIED OUT" TO A TREE OR OTHER STRUCTURE.
B) Buyer agrees to inform seller when they move or change phone numbers, within 30 days of such change, for the life of the dog.
C) Buyer hereby certifies that this purchase is not made by Buyer as agent for any other person or entity and further agrees that neither the dog or it's offspring shall be sold to any agent, pet store, puppy mill, animal research facility or guard dog business.
D) Should the buyer at anytime be unable to keep the dog in question for any reason, the title will not be transferred to any person or organization other than the seller, whether by sale, gift, loan, lease or otherwise, except in the following manner:
The seller and buyer have agreed to sell this Labrador under the following conditions:
1. The dog is to be returned to the seller, accompanied by it's appropriate registration papers, with signed transfers. All expenses incurred by the seller to re-home the dog, (boarding at $15.00/day, advertising, training vaccination update, etc.) will be deducted from the selling price, (which will not exceed the original price as noted above), and the difference refunded to the buyer.
2. If the owner knows of a suitable home for their dog, then the seller will take this into consideration and after interviewing the prospective new owners, will waive the above stipulation, if the seller feels they will be able to give the dog/puppy a suitable home.
E) Buyer agrees to complete all report forms (enclosed in puppy booklet) and attach picture of puppy at appropriate age and to return them in a timely fashion to Ashstone Labradors or warranty will be null and void.
7. LIMITATIONS OF CONTRACT
A) This contract applies to the original puppy buyer only and is non-transferable to a second party.
B) No replacement will be given if the dog has been bred.
C) Seller will not be responsible for any debts or expenses incurred by the owner for any reason.
The parties agree to be bound by the following:
A) This contract is binding upon the parties hereto, their heirs, successors and assigns.
B) In the event the Seller must contact or retain an Attorney or the CKC/AKA to enforce this contract, all expenses incurred shall be paid by the Buyer, including Attorney's fees, court costs, and any other expenses involved in enforcement of this contract.
C) Should Buyer choose to break any of the covenants of this contract, the remainder of the contract will be considered null and void, and Seller will have the right to repossess puppy.
D) Buyer agrees Seller will REPOSSESS DOG UPON EVIDENCE OF NEGLECT OR ABUSE at no expense to the Seller or reimbursement to the Buyer.
E) The Buyer agrees that if any provision of this contract is found to be unenforcable, then that provision shall be severed and the remaining provisions of this contract shall have full force and effect.
F) No provision in this contract may be altered or amended without written approval of both the Seller and the Buyer.
No other warranties or guarantees, expressed or implied, either before or after the sale will be binding in any way. It is understood and agreed that, the Buyer by signing this contract, has read and understands fully all the provisions of the contract.
This agreement is signed this ___________ day
of ______________________, 2001.
Ashstone Reg'd Kennels
Please contact us if you wish to enquire about our
Agreement of Sale for Show/Breeding Quality Labrador Puppies