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WILLOWRUN GREAT DANES
willowrun@toast.net
4804 Carolina Beach
Rd.
Wilmington, NC 28412
Sample Contract |
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This
Agreement Is Between
Phyllis
A. Lockwood
Herewith
Referred To As Seller
AND
Name:____________________________________________________________________________
Address1:_________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Telephone:_____________________________Email:_____________________________________
Herewith Referred To As Buyer
Seller and
Buyer agree as follows:
1.Description
of Dog:
The dog sold
pursuant to the terms of this agreement is as follows:
Breed: Great
Dane
Sex:________ Color:_____________
Whelp
Date:___________________
Microchip/Tattoo#:________________________________________________________________
Sire
&
Reg.#______________________________________________________________________
Dam &
Reg.#_____________________________________________________________________
And Is Herein Referred To As Puppy
2.
LIMITATIONS OF CONTRACT:
This contract
applies to
the original puppy and original buyer ONLY and is non transferable 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
the limitations of this contract. Buyer is responsible for
transportation costs to and from Willowrun Kennels for original and/or
replacement puppy.
3.
SELLER’S REPRESENTATION
_______a) As
of the date of this agreement, Puppy is in good health and free of
communicable diseases and parasites.
_______b) The
Buyer has 3
days (72 hours) in which to have Puppy examined by a licensed
veterinarian of his or her choice, and to personally examine Puppy.
Buyer may
return Puppy to
Seller for a full refund for any reason within this period.
Buyer
agrees to pay all return transportation to Willowrun Kennels.
4.
BUYER’S REPRESENTATION
______a)
Buyer is
completely satisfied with and waives any and all claims regarding the
Puppy’s conformation and outward appearance (meaning the
puppy
meets what is expected as noted in the breed standard for this age.)
______b)Buyer
agrees upon
purchase that Puppy will be registered with a name with the Willowrun
prefix (for litter identification purposes).
5.
CONSIDERATIONS
_______a)
Puppy,
identified in Section 1, is being sold for the sum of
$_________________
to be paid in full at time of pick up or prior to shipment of Puppy.
______ b)
This puppy is sold as COMPANION/ PET
/ SHOW POTENTIAL
______ c)
This puppy IS / IS NOT being sold on a spay/neuter contract
______ d)
This Show Potential puppy is being sold on a co-ownership basis to allow sellers name
to
remain on dog until he is either bred by seller or collected from for
seller.
______ e)
This puppy is never to be registered with any group other than the AKC
or
Canadian Kennel Club without express permission from SELLER.
6.
STIPULATIONS
This Puppy
has been sold as either a COMPANION-PET OR a SHOW
POTENTIAL PUPPY at the breeder’s
discretion.
______a)
Buyer understands
that a Companion/Pet Puppy has been sold on a LIMITED AKC
registration. Limited registrations preclude owner from registering any
litters produced or sired by this Puppy at sexual maturity. Said
registration does not
entitle Buyer to
show in AKC sanctioned conformation shows and events other than in AKC
obedience competitions, which are not excluded, dogs on limited AKC
registrations may compete.
______b)
Buyer agrees to take all measures necessary to insure that this Great Dane is not
bred,
and does not have the opportunity to sire or deliver any litters other
than through the seller with her permission.
7. HEALTH
& TEMPERAMENT
_____a)
Seller guarantees that Puppy is in good health and has received
appropriate
timely medical care, including, a veterinary health exam, inoculations
etc.
_____b)
Seller guarantees that Puppy is free of life threatening diseases or
disabilities
(i.e. Parvo) For 72 hours (3 days) after Buyer takes delivery of Puppy.
Buyer may return Puppy for a full refund for reason of illness during
this
time period.
Buyer pays all transportation costs for Puppy’s return to
Willowrun Kennels.
_____c)
Seller strongly recommends that Buyer attend obedience classes with
Puppy
and provide proper socialization opportunities for Puppy. The goal is
to raise a
CGC ~ Canine Good Citizen.
_____d)
Seller shall not be held responsible for acts of Puppy after Puppy
leaves
Seller’s premises.
_____e)
Seller shall not be held responsible for the development of
non-genetically
derived faults, diseases, or disorders after Puppy leaves Seller.
_____f)
Should Puppy exhibit aggressive behavior which Buyer deems intolerable
and
irreversible within 12 months of purchases, Buyer must provide Seller
with proof
that Puppy has been sufficiently socialized and that obedience classes
and/or
other structured training methods have been attempted with no positive
results.
Upon receipt of such proof, evaluation of Puppy will be scheduled with
3 recognized
canine breeders or trainers, one chosen jointly, one by
Seller and one by Buyer.
Should Puppy be deemed irreversibly aggressive by 2 of the
3, Buyer or Seller will
arrange for euthanasia of Puppy.
_____g)
Seller will provide a replacement puppy within a years time, no
refunds.
_____h)
Should Puppy be
diagnosed with a genetic medical disorder which is life threatening OR
significantly reduces the quality of life of the Puppy, this condition
having been attested to by 2 licensed veterinarians (un associated
practices), Seller will, upon provision of veterinary verification, and
where applicable, a University report, provide Buyer with one of the
following options:
_____i)
Should Buyer choose to keep Puppy, a replacement puppy will be offered
after documentation of spay/neuter of original Puppy is given to
Seller. If original Puppy has life threatening problems, the
replacement shall be delivered after the original, affected
Puppy
has died.
_____j)
Should Puppy be
euthanized, Seller will have one year to provide a replacement puppy,
and only after that time limit shall the Seller refund purchase price.
_____k)
Should Buyer wish,
for reasons other than the aforementioned, to return Puppy to Seller,
there will be no refund until (providing Puppy is in good
condition) Seller resells /re homes Puppy. If Seller cannot resell
Puppy, then there will be no refund/replacement. Any and all
costs to the Seller for the Puppy’s care and feeding during
the
time between accepting the Puppy back and its re home, will come out of
the sale proceeds.
8. MAINTENANCE
_____a) Buyer
agrees to
maintain Puppy in good health, socialized and to provide routine
preventative health care, including but not limited to the following:
-annual
physical exams by
a licensed veterinarian& appropriate vaccinations, parasite
control
and health screenings where applicable.
-proper
exercise in order to maintain Puppy in proper weight and condition.
-proper
socialization
-proper
diet which maintains this Puppy in optimal
condition
_____b) Buyer
agrees not to begin strenuous exercise and physical training with
Puppy.
example~ road work ~ jogging) until Puppy has reached a minimum age of
one
year. This is to prevent damage to Puppy during formative growth stages.
Buyer acknowledges that failure to meet this requirement, invalidates
Section 8.
_____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, or any other relative
information.
_____d) Buyer
agrees that Puppy is
NEVER TO BE KEPT OUT
OF DOORS
~
IN A BACKYARD ~ IN AN OUTDOOR KENNEL ~
TIED or CHAINED.
Time spent
outside must be supervised --This is a giant breed and should be kept
under control at all times.
_____e) Buyer
agrees that
the Puppy will be allowed to spend substantial quality time in the home
with family members. Puppy is sold with the understanding that it is to
go to a carefully selected party/parties and that the Buyer AVOWS that
Puppy shall become a member of the family. This is to assure proper
maintenance and development of temperament for which this animal was
bred.
9)
MISCELLANEOUS
_____a) If it
is reported
and confirmed that Puppy is being abused or neglected, BUYER rights and
ownership of Puppy will automatically terminate and revert back to the
Seller who may immediately assume possession of Puppy. Buyer agrees
that Seller WILL AND CAN REPOSSESS PUPPY UPON
EVIDENCE OF
NEGLECT/ABUSE and that Buyer will be responsible to 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.
_____c)
Seller shall have
five (5) working days after receipt of written offer to exercise this
option. Transfer back to the Seller shall
be
accompanied by the appropriate AKC registration papers properly
endorsed by the Buyer, along with medical information concerning Puppy.
_____d) In
the event of an
EMERGENCY, when circumstances require immediate relocation of Puppy, it
can be returned to Seller immediately and Seller with thereafter handle
the transfer as appropriate.
_____e) Buyer
MAY NOT
sell, give, or otherwise transfer Puppy without first giving Seller
first right of refusal (10b). Under NO circumstances shall Puppy be
taken to an animal shelter, humane society, or released to a rescue
group. Puppy shall not be surrendered to any animal testing facility.
_____d)
Should Buyer 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 Buyer will be liable to any costs incurred in that
repossession. Also, if Puppy requires medical attention and treatment,
all costs involved will be Buyer’s responsibility.
_____e) This
contract is
to be interpreted by the laws in the USA. If any provision of this
document is invalid or unenforceable under applicable law, this
document shall be ineffective to the extent of such validity only,
without affecting the remaining portion.
_____f) Any
surgeries
performed on Puppy, including ear cropping, resulting in death or
incapacitating condition, responsibility is solely that of Buyer and
the Buyer alone.
_____g)
Special
Provisions: Breeder guarantees that from 7 days of receiving
the
puppy, (incubation period of Canine Parvo Virus)-- should it develop
the virus, the Seller will share veterinary expenses with Buyer if the
Buyer chooses to treat the dog instead of returning it to Seller.
10.
LIQUIDATED DAMAGES:
_____a)
Seller has
endeavored for many years to protect the breed and Willowrun
dogs
from improper ownership and inappropriate treatment. If Buyer breaches
Right of First Refusal (10b) or otherwise improperly surrenders Puppy
to another person (10c) Buyer will pay liquidated damages to the Seller
in the amount of $4,000.00
_____b) The
reputation of
the Seller’s kennel is the result of many years of work and
professional experience and integrity. Inappropriate breeding
of
a bitch or dog of this kennel damages the reputation and value of
Willowrun. If Puppy has been sold as a pet/companion and is not to be
bred, then the breeding of such an animal is considered intentional or
negligent, which would be detrimental to the breed, Seller’s
reputation.
Acknowledging the intrinsic value of Seller’s reputation and
the
difficulty of precise damage calculations for breach of contract, Buyer
agrees to pay to Seller the sum of $2000.00 per puppy, dead or alive,
born as a result of any breeding NOT authorized and condoned by Phyllis
A. Lockwood..
_____c) This
Puppy is
registered with the AKC ~ American Kennel Club, this is the only
acceptable registration for any Willowrun Great Dane other than the
Canadian Kennel Club or a Foreign Kennel club if the Puppy is sold out
of this Country (USA).
If this Puppy is ever registered with a non acceptable group such as
the Continental Kennel Club, this contract / agreement is null and void
except where penalties for improperly registering a Willowrun Great
Dane apply— see Liquidated damages.
Damages in the amount of ten thousand dollars ($10,000) will be due
Willowrun/Phyllis A. Lockwood, for any inappropriate registry of any
Willowrun Great Dane. Under no circumstances are any Willowrun Danes to
be dual registered without express permission from Phyllis A. Lockwood.
Any and all
legal actions will be processed in the State of North Carolina, in the
city of Wilmington.
By Signing
Below, Buyer(s) declare that they have read and understand and agree to
the above stipulations.
SELLER’S
SIGNATURE__________________________________________________________
BUYER’S
SIGNATURE__________________________________________________________
BUYER‘S
SIGNATURE__________________________________________________________
WITNESS
_________________________________________ Date:______________
©2006-2007 This site
is owned by and designed for
Willowrun Great Danes.
Permission
to use all
pictures and graphics on these pages
MUST
be
obtained from
Willowrun Great Danes.
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