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Purchase Agreement
Whereas Dianna Contin, (hereinafter called the Breeder) offers for purchase, a purebred Rottweiler puppy as described as follows: Sire: CKC#
Hips/Elbows#
OFA Heart#
CERF:
D.O.B:#
Dam:#
CKC #
OVC\OFA Hips/Elbows#
OFA Heart#
CERF:#
D.O.B: Rottweiler Puppy:#
Date of Birth: Microchip#
And whereas:#
(Hereinafter called the Purchaser) wishes
to purchase a purebred Rottweiler puppy from the litter described above,
whelped on:#
CKC Litter Registration: Pending
Now therefore ownership will be transferred to the
Purchaser on the following terms, conditions and warranties, no other warranties
or conditions are either expressed or implied:
1. The consideration for this purchase is $ by
way of a deposit of $ and the balance of
$ in
cash or certified cheque before the puppy leaves the Breeders’ possession.
2. The Breeder shall duly register ownership of the
puppy with the Canadian Kennel Club (hereinafter called the CKC)
and will provide the Purchaser with a certificate of ownership together
with a true copy of its pedigree. The Breeder will not be held responsible
for delays in processing registration papers by the CKC and warrants that
said Rottweiler is a purebred Rottweiler puppy and fully registerable
with the CKC.
3. The Breeder warrants that the above-described
puppy is in good health and free of communicable diseases at the time Purchaser
assumes ownership. The Purchaser has been provided with a certificate of
health as of the date of purchase. Purchaser agrees to have the puppy examined
by a licensed Veterinarian within 72-hours upon receipt of the puppy. If
as a result of the examination, the Veterinarian determines that the puppy
is not in good health, then the Purchaser shall elect to keep the puppy
or return the puppy to the Breeder for a refund.
If the Purchaser elects to return the puppy, the
Purchaser shall within 3 days after the date of signing this agreement
send to the Breeder by registered or certified mail, a copy of the written
Veterinarian's certificate stating that the puppy was in ill health when
examined.
Upon receipt of the puppy, the Breeder shall be obligated
to refund all monies received from the Purchaser towards the purchase of
the puppy, and further performance under this agreement shall be null and
void.
All action taken to return the puppy shall be with
the best interest of the puppy in mind, including temperature at time of
shipment, non stop flights, etc..
4. The Purchaser agrees that any and all transportation
costs, to and/or from the Breeder’s premises will be at the cost of the
Purchaser.
5. Purchaser agrees to maintain this puppy in good
health, provide routine preventative and Veterinary health care. Purchaser
further agrees to provide proper exercise as indicated to maintain this
puppy in proper weight and physical shape. Purchaser shall assume full
responsibility for the health, anatomical make-up, appearance, and temperament
of the above-described Rottweiler.
6. The Breeder warrants that said Rottweiler puppy is the
progeny of Rottweilers X-rayed Normal/Clear of hip/elbow dysplasia, eyes
& heart clear of hereditary disease.
If the described Rottweiler is unable to obtain an
OFA/OVC certification as free of hereditary disease by the age of 27 months,
and if due to the severity of the condition is unable to
function as a family companion, the Breeder at her option shall
either provide a replacement puppy, or refund half of the original purchase price,
as soon as a litter becomes available, provided that proof from
the Purchaser has been provided to the Breeders that the described Rottweiler
has been spayed or neutered, and the Breeders have been furnished with
a copy of the OFA/OVC Evaluation letter as proof of the failure to obtain
certification. It is not necessary to return the dog to the Breeder to
satisfy this agreement.
If the hip dysplasia is rated at borderline or Grade
One, I ask that the puppy be re-x-rayed within 6-8 months. Said hip dysplasia
must not be the result of mistreatment of the Rottweiler, or of improper
diet or lack of proper exercise for the Rottweiler.
7. This puppy is transferred with the understanding
that it was to go to carefully selected parties and that the Purchaser
avowed that the puppy would become a member of the family. This puppy is
being placed as a family companion first & foremost, as such it is
to be allowed indoor access to the home & family, is to be fed &
kept indoors at all times.
Purchaser agrees to socialize the puppy via (2) two training
classes before the age of six months including, one basic
obedience-training course AND one Puppy Kindergarten class will be completed
with the puppy. Initials: Purchaser:
Breeder:
Purchaser also agrees to continue to conscientiously
train the puppy at home and to assume that the puppy is given adequate
socialization to humans, as well as other Rottweilers.
8. The Purchaser agrees to take proper safeguards
for the care and comfort of the puppy, to include, but not limited to,
a fenced yard or run - the puppy is NOT be tied out as a normal course
of restraint, proper shelter, adequate food & water, exercise and ongoing
socialization. Said Rottweiler shall not be allowed to run or roam free
unless under the direct supervision of a qualified adult, and must never
run free in violation of any leash law at any time.
9. The Purchaser hereby agrees that any abuse or
neglect of dog, physical, emotional or otherwise, whether intentional or
involuntary, will void all claims to said dog, and that all rights, legal
claims and full ownership will be transferred will and immediately revert
to the Breeder with no recourse to Purchaser. Initials: Purchaser: Breeder:
10. The Purchaser agrees that he/she will not use
this Rottweiler for breeding purposes until proof of completion of; and
unless the following conditions are met:
B: The dog must have an FCI, AKC or
CKC recognized official conformation, obedience title, Tracking, Herding,
Agility or Schutzhund title.
C: The dog must have good temperament and no disqualifying
faults under the current FCI standard. (enclosed)
D: If male: The owner of the Bitch being bred must
agree, in writing, to the conditions of Paragraph 14.
E: The Breeder will receive back her choice
of one (1) pick puppy of either sex, stud service or cash equivalent. 12. The Purchaser agrees that if for any reason he/she
must place the dog, sell or otherwise dispose of the Rottweiler, the Breeder
will and must be notified before any such action is taken. The Breeder
will have the right of first refusal to purchase the Rottweiler for not
less than $1.00 and not more than the original purchase price and/or assist
in relocating the Rottweiler in a suitable home approved by the Breeder.
The amount of the refund will be determined by the condition of the dog
both mentally & physically and the reason for the return.
13. The Purchaser agrees to send pictures of said
Rottweiler at ages 6 (six), 12 (twelve), 18 (eighteen) and 24 (twenty-four)
months of age. Failure to comply nullifies this guarantee.
Initials: Purchaser: Breeder:
14. The Purchaser agrees that no offspring of the
Rottweiler described herein will be sold or consigned: on litter lots,
to a wholesale puppy dealer, to a guard dog kennel, to be sold in a pet
store or shop or offered as a prize for raffle or auction. Subsequently,
this clause must and will be included in any puppy and/or stud Agreement
created for this dog.
15. Upon the death of the dog, at any age, the Breeder
is to be notified within 48 hours.
16. The Purchaser shall be solely responsible for
all third party liability in the event the dog should injure someone or
cause property damage and hereby releases from responsibility, Dianna Contin
(the Breeder), Braxenburg® Rottweilers and all related holdings, from
any and all liabilities and/or damage by fault of said Rottweiler after
said Rottweiler is in the care and possession of the Purchaser.
These damages and liabilities include but are not
limited to destruction of property and physical damage to any person or
group of people.
17. It is understood that this agreement & signed
by all parties to ensure the well being & preservation of the Rottweiler
breed as a whole, and of this puppy.
Should the Purchaser not see to meeting any part
of this agreement, the Breeder may then execute the right to repossess
the dog/bitch without refund of any monies paid to the Purchaser. The Purchaser
at that time MUST immediately sign over all rights to the dog via the CKC/AKC
transfer of ownership. The Breeder is also released from any further obligations
hereunder.
Both parties recognize that the Breeder’s reputation
is vital, and reparation is a long, tedious and expensive process, as a
result, if the Agreement violation should involve the breeding of this
puppy before the requirements in Paragraph 11 have been fulfilled, damages
of $5,000.00 dollars (Canadian) will be assessed.
18. It is further agreed that any legal action taken
by the Breeder attempting to enforce any terms of this agreement, or any
action in any other way pertaining to this agreement, the Breeder shall
be entitled to recover expenses, including reasonable attorney’s fees.
It is agreed that any action as a result of this Agreement will be governed
by the laws of, and settled in court in, The City of Toronto, the Province
of Ontario.
Dated at Toronto, This Day of , 2001. Signed, Sealed and Delivered in the presence of:
Purchaser(s):
Breeder:
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