Sale Contract for Show
Quality Puppy
1.
Parties and Mailing Addresses. Katrina M. Medved d/b/a Fairview
Boxers of 727 Fairview Hill Rd, Masontown, PA 15461 (the “Breeder”) agrees to
sell and
Name
_________________________________ Phone _____________________
Address
__________________________________________________________
City
___________________________ State _________ Zip Code ____________
(the “Buyer”) agrees to purchase the purebred puppy of the Boxer breed described
below upon the terms hereinafter set forth.
2.
Description of Puppy. The Boxer puppy identified as follows:
Call Name
______________________ Sex ___________ Color ______________ AKC Litter #
___________________________ Date of Birth ________________
Sire
___________________________________ Registration # _______________
Dam
__________________________________ Registration # _______________
Identifying marks or
characteristics _____________________________________
__________________________________________________________________
(the “Puppy”). The use of the term “Puppy” to describe the dog that is the
subject of this Agreement is not intended to suggest or imply that this
Agreement shall be binding and enforceable only until such dog reaches maturity.
The Breeder warrants that the Puppy is a purebred Boxer, offspring of the
previously mentioned Sire and Dam.
3.
Purchase Price. The agreed purchase price for the Puppy is $______________ U.S.,
of which
$
have been
paid simultaneously with the execution of
this Agreement as a non-refundable deposit; and
$
are to be
paid at the time of delivery of the Puppy by
cash or certified check or bank treasurer’s check.
Personal checks and personal money orders are not
acceptable.
$
TOTAL
The Buyer understands, acknowledges and agrees that, by signing this Agreement
and making a deposit, the Buyer has made an irrevocable commitment to purchase
the Puppy and the entire deposit is therefore non-refundable.
4.
Time for Performance. The Buyer will take delivery of the Puppy at
the Breeder’s address above during the Puppy’s ninth week of life (between
_________________, 20___, and _____________________, 20___) on a date and at a
time mutually agreeable to the Breeder and Buyer. The Buyer will forfeit
the entire deposit and all rights to purchase and take delivery of the Puppy if
the total purchase price is not paid in full on or before __________________,
20___, (the end of the Puppy’s tenth week of life).
5.
Buyer Representations. The Buyer represents to the Breeder that the
Buyer is at least twenty-one (21) years old; that the Buyer has never been cited
for, charged with or convicted of violating any animal cruelty law; that Buyer
either owns Buyer’s residence or has already obtained written permission from
the owner of Buyer’s residence to keep the Puppy; that, if Buyer is affected or
bound by any restriction or condition on the keeping of a dog (e.g., rules and
regulations affecting a condominium unit), Buyer’s keeping of the Puppy will not
violate such restriction and all necessary approvals for Buyer’s keeping of the
Puppy have already been obtained; and that Buyer is not acting as an agent or
intermediary for another person in the purchase of the Puppy.
6.
Use of the Puppy. The Buyer agrees that the Puppy will be used
primarily as a family companion dog; will not be sold, given or transferred to
any mass-producing kennel (puppy mill), animal testing laboratory or other
business; and will not under any circumstances be used or trained for activities
which are illegal or for which the Puppy is not suited by reason of temperament
or conformation (including, but not limited to, use as an attack dog, hunting
dog or fighting dog). The Puppy may be used and trained as a show
prospect, therapy dog, obedience, or as a working dog that performs tasks
appropriate to the Boxer breed, and may, if eligible, be entered in obedience
and/or agility competitions.
7.
Ownership Responsibilities. The Buyer agrees to raise, house, feed,
obedience train, exercise, groom, socialize, treat, keep and care for the Puppy
in a humane and proper manner; keep the Puppy duly licensed with the
municipality in which the Buyer lives; have the Puppy checked for heartworm and
examined by a qualified veterinarian on at least an annual basis; keep the Puppy
inoculated against rabies, distemper, parvovirus and other communicable
diseases, as recommended by a qualified veterinarian; administer heartworm
preventative medicine to the Puppy, as recommended by a qualified veterinarian;
and provide appropriate veterinary care for any injury or illness. The
Buyer agrees that the Puppy shall not be kept permanently in a kennel or allowed
to roam free. The Breeder recommends, but does not require, permanent
identification of the Puppy by tattoo or microchip. The Buyer will assume
as of the time of delivery all responsibility for the health and care of the
Puppy and all risk of injury to the Puppy, except as specifically provided
herein. If problems arise concerning the keeping or training of the Puppy,
or if the Puppy becomes seriously ill, the Buyer agrees to inform and consult
with the Breeder.
8.
Puppy’s Health at Time of Delivery. The Breeder guaranties that the
Puppy will, at the time the Puppy is delivered to Buyer, be free from
communicable diseases as appears to the eye and otherwise in good health.
The Buyer may, at the Buyer’s sole expense, have the Puppy examined by a
licensed veterinarian of Buyer’s choice within seventy-two (72) hours after
delivery of the Puppy to verify the Puppy’s state of health. If the Puppy
is found by Buyer’s veterinarian to be in ill health or show visible signs of
any communicable disease, then the Buyer may return the Puppy to the Breeder for
a refund of the purchase price less the non-refundable deposit, provided that
the Buyer notifies the Breeder within ninety-six (96) hours after delivery of
the Puppy of the Buyer’s election to return the Puppy; that Buyer gives
the Breeder a copy of the veterinarian’s written diagnosis which indicates with
specificity the Puppy’s health problem(s); that the Buyer returns the
Puppy to the Breeder no more than five calendar days after delivery; and that
the Puppy is not damaged or injured in any way when returned to the Breeder.
9.
Genetic Diseases, Disorders and Conditions. The Breeder has mated
the Puppy’s parents with the aim of producing puppies that are free from genetic
diseases, disorders and conditions, hypothyroidism and cardiomyopathy. The
Breeder represents that the Puppy’s sire and dam have been evaluated by a board
certified cardiologist through an echo/Doppler and found clear of AS/SAS.
It cannot be determined, however, that the Puppy will remain healthy throughout
its lifetime and will never develop any genetic disease, disorder or condition;
the Breeder therefore does not make and hereby disclaims all warranties and
guaranties to that effect. If the Puppy is found to suffer from any
genetic disease, disorder or condition which, in the written opinion of two
qualified veterinarians (one of whom has been selected by the Breeder), is the
cause of the Puppy’s death before its second birthday or sufficiently serious to
warrant euthanization of the Puppy before its second birthday, the Breeder
agrees, to replace the Puppy with a boxer puppy of equivalent quality from the
next boxer litter bred by the Breeder provided that the Buyer notifies
the Breeder before the Puppy’s second birthday that the Puppy has developed or
died from any such genetic disease, disorder or condition and that the
Buyer gives the Breeder a copy of the written diagnosis of Buyer’s veterinarian
which recommends euthanization of the Puppy because of such genetic disease,
disorder or condition and/or the written necropsy report which conclusively
establishes the primary cause of the Puppy’s death as being any such genetic
disease, disorder or condition. This procedure shall be the Buyer’s
exclusive remedy if the Puppy develops any genetic disease, disorder or
condition.
10. American
Kennel Club Registration. The Puppy is sold [with / as being eligible
for] an American Kennel Club (AKC) full registration, meaning that no
offspring of the Puppy will be eligible for registration with the AKC and that
the Puppy will be able to enter into a breed conformation competition in an AKC
licensed or member dog show. The Breeder will provide the Buyer with [the
Puppy’s AKC Registration Certificate ]. The breeder reserves the right to
affix the kennel name “Fairview” and supply a registry name for the Puppy.
The Buyer will be free to call the Puppy by any name which Buyer deems
appropriate.
< If bitch Puppy: the Puppy will not be bred
prior to her eighteenth month, or second heat. Bitch Puppy will not be
bred more than three times total in her lifetime. The stud dog for said
Bitch Puppy will be mutually agreeable to both Breeder and Buyer. The
Buyer agrees to turn over 1 puppy from separate litters to Breeder. The
Buyer is not obligated to provide pick puppy of any litter back to breeder.
Breeder reserves “second pick” rights. Breeder will sign off of said Puppy
when AKC championship title is achieved and puppy is picked from said Puppies
litter. >
< If dog Puppy: The Puppy will not be bred prior to his eighteenth month.
Buyer agrees to provide stud service at low cost or no cost to any bitch breeder
owns or co-owns throughout the dogs lifetime. Breeder will sign off of dog
when said dog attains his AKC championship.
12. No Other
Representations, Warranties or Guaranties. No warranties,
representations or guaranties are made, given, expressed or implied, except as
specifically made herein. To the maximum extent permissible by law, the
Breeder disclaims all other representations, warranties and guaranties.
The Buyer acknowledges and agrees that the Buyer has not relied on any
representations, guaranties or warranties which are not specifically made
herein.
13.
Breeder’s Right of Recovery and Placement. The Breeder is concerned
with the future care and continued well-being of the Puppy. If the Buyer
is ever unable to provide an appropriate home for the Puppy or to take proper
care of the Puppy, then (a) the Buyer must promptly notify the Breeder of such
circumstances; (b) the Buyer is prohibited from abandoning the Puppy,
euthanizing the Puppy, surrendering the Puppy to a rescue organization or animal
shelter, selling the Puppy or giving the Puppy away without the Breeder’s prior
written permission; and (c) the Breeder will, at the Breeder’s sole option, take
the Puppy back without refunding any portion of the purchase price, assist the
Buyer in finding a suitable home for the Puppy or consent to the Buyer’s plans
for the Puppy. The Breeder may, as a condition of granting permission for
the Buyer to give or sell the Puppy to another person, require such person to
assume in writing the Buyer’s obligations under this Agreement. If the
promises made in Paragraphs 6 and 7 are violated, the Breeder discovers that the
Buyer has made a misrepresentation under Paragraph 5 or the Buyer ever attempts
to sell, transfer, surrender or otherwise dispose of the Puppy without the
Breeder’s prior written consent, then the Buyer will automatically forfeit title
to and ownership of the Puppy; title to and ownership of the Puppy will revert
automatically to the Breeder; the Breeder will have the right to immediate
possession of the Puppy; the Breeder may take action to find and recover
possession of the Puppy (including, but not limited to, the commencement of a
lawsuit); and the Buyer shall be liable to the Breeder for all of Breeder’s
costs and expenses (including, but not limited to, attorney fees and court
costs) in attempting to find and recover possession the Puppy, regardless of
whether Breeder’s attempts are successful. Under such circumstances, the
Breeder will not be obligated to a refund any portion of the purchase price.
The Buyer agrees to inform the Breeder of any changes in Buyer’s address and/or
telephone number during the Puppy’s lifetime.
14. Release.
The Buyer hereby releases the Breeder and the Breeder’s
executors, administrators, personal representatives, estate, legatees,
devisees, heirs, successors and/or assigns from any and all liabilities, claims,
responsibility and damages arising out of, resulting from or relating to any
damage, harm or injury (including, but not limited to, injury to a person or
damage to property) caused by the Puppy after delivery to the Buyer.
15.
Miscellaneous Provisions. This
Agreement sets forth the entire contract between the parties; is executed in
duplicate; is binding on and inures to the benefit of the parties hereto and
their respective heirs, devisees, executors, administrators, estates, personal
representatives, successors and/or assigns; may be cancelled, modified or
amended only in a writing signed by both Breeder and Buyer; and shall be
governed by, interpreted and construed in accordance with Pennsylvania law.
The captions and paragraph headings used herein are for convenience only, shall
have no substantive effect whatsoever and are not to be considered as parts of
this Agreement or to be used in determining the intent of the parties to it.
Breeder and Buyer hereby irrevocably consent to the personal jurisdiction of the
courts of the Commonwealth of Pennsylvania in any action, suit or proceeding
relating to the enforcement of, interpretation of and/or resolution of any
disputes arising out of or concerning this Agreement.
THIS IS A LEGALLY BINDING CONTRACT. YOU
SHOULD CONSULT AN ATTORNEY BEFORE SIGNING IF YOU HAVE ANY QUESTIONS. BY
SIGNING THIS CONTRACT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED
TO ALL ITS TERMS.
Executed as a sealed instrument on
________________________, 2003.
______________________________
______________________________
Buyer
Buyer
______________________________
______________________________
Katrina M. Medved, Breeder
Witness