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Contract of Sale for Companion/Pet Quality DogThis agreement is made and entered into this ____ day of __________ and between CHENOA GERMAN SHEPHERDS, Susan MacArthur, (hereinafter known as "Seller"), and ______________, (hereinafter known as "Buyer"). 1. Seller agrees to sell, and Buyer agrees to buy, one purebred German Shepherd Dog described as follows: AKC #: Date of Birth: Sex: SIRE: AKC #: OFA
#: 2. Payment in Full. The purchase price will be $_____________ (_________ and no/100 dollars), plus any shipping charges and/or delivery charges making a total balance due of $_________ (_____________ and no/100 dollars). The total amount due must be paid in full prior to Buyer taking possession of the above-described puppy. Once Buyer takes possession of the above-described puppy all rights and responsibilities of ownership is the sole responsibility of Buyer (including, but not limited to, veterinarian costs). 3. Deposit and Hold. Buyer has read, understands, and agrees to our deposit and hold policy as described as follows: Buyer is making a non-refundable deposit of one-half (1/2) of the amount of the purchase price as stated above. The deposit amount is $_________ (___________ and no/100 dollars) to reserve the above-described puppy. This deposit amount does not include any shipping and/or delivery charges. This deposit is non-refundable except upon death or unavailability of puppy prior to Buyer’s possession of same. 4. Balance due. The balance of the purchase price in the amount of $________ (__________ and no/100 dollars), plus any shipping charges in the amount of $__________ (_____________ and no/100 dollars), must be paid in full as follows: a. If puppy is being shipped or delivered to Buyer - Buyer must pay to Seller in the agreed-upon form of payment, the total cost of the shipping one week (7 days) prior to the shipping date of the puppy if paying by a certified bank money order, or certified bank check. If Buyer is paying by cash or PayPal, receipt of funds by Seller must by 48 hours prior to shipment or delivery of the above-referenced puppy. The balance due will have to have cleared our bank by _______, in order for Chenoa German Shepherds to relinquish kitten to Buyer. b. If puppy is being picked up by Buyer - If payment is made by Paypal or cash, the balance is due on the day Buyer picks up the kitten. If payment is being made with a certified bank money order, or certified bank check, the balance is due 48 hours prior to the puppy being picked up. 5. Payment Method(s): Buyer has the choice of making payment(s) with a certified bank money order, certified bank check, or cash. Chenoa German Shepherds also accepts PayPal. If Buyer chooses to use PayPal for payment, then Buyer agrees to add 3% to the total cost of the puppy for the PayPal fees. 6. Shipping or Delivery Charges: Shipping charges are based on the combined weight of the puppy and the carrier. Chenoa German Shepherds does not ship a puppy outside the continental United States. Chenoa German Shepherds ships our puppies by Continental Airlines from Denver International Airport (DIA) in Denver, Colorado. If Continental Airlines does not service your area, in the alternative we use Northwest Airlines. Buyer has read, understands, and agrees to the following shipping policy: Buyer is responsible for all shipping charges, airline-approved crate (carrier), veterinarian’s health check and issuance of the health certificate, any comfort items for the puppy (i.e., bedding, toys), and food. All of the aforementioned shipping costs are included with the total shipping costs. Buyer must pay to Seller in the agreed-upon form of payment the total cost of the shipping one week (7 days) prior to the shipping date of the puppy if paying by a certified bank money order, or certified bank check. If Buyer is paying by cash or PayPal, receipt of funds by Seller must be 48 hours prior to shipment or delivery of the above-described puppy. If said funds are not received and cleared Seller’s bank, the puppy will not be shipped or delivered to Buyer and the deposit will be forfeited and the puppy may be sold to someone else. a. Buyer understands and agrees that the puppy will not be shipped out in unacceptable weather temperatures (i.e., the temperature must be above 40 degrees and below 70 degrees in BOTH Colorado and the city where the puppy is to be shipped to). b. Buyer understands and agrees to telephone or e-mail Seller immediately upon receipt of the puppy to confirm receipt. c. Buyer understands and agrees to inform Seller, in writing, within 48 hours (not including weekends and holidays) of receipt of the puppy, if the puppy is found to have a serious health problem (excluding accidents or abuse that will affect the life span or life enjoyment of the puppy, and such written notice must be accompanied by a written explanation of the specific health concern and severity of such health concern, by a qualified, licensed veterinarian. At that time, Buyer has the option of returning the puppy, at Buyer’s sole expense, within 48 hours of receipt of the puppy. After 48 hours from receipt of the puppy, Chenoa German Shepherds will not accept the return of the puppy unless prior written arrangements have been made between Buyer and Seller. If possible, Chenoa German Shepherds prefers to meet all of our Buyers. If Buyer is within the state of Colorado, Seller may arrange to meet Buyer at a mutually agreed upon place for the delivery of the puppy. Buyer understands and agrees that if Seller travels to meet Buyer to deliver the puppy, a delivery charge will be added to the cost of the puppy. Such delivery charge must be paid in full by Buyer to Seller on or before one week (7 days) prior to the delivery date, if paying by certified bank money order, or certified bank check. If Buyer is paying by cash or PayPal, receipt of the funds by Seller must be within 48 hours of the delivery date. If said funds are not received and cleared Seller’s bank, the puppy will not be delivered to Buyer and the deposit will be forfeited and the puppy may be sold to someone else. 7. Spay/Neuter Agreement. Buyer has read this Contract, understands and agrees to spay/neuter this puppy and to the following terms and conditions as outlined in paragraph 7a through 7g, below. a. Buyer understands and agrees that the above-described puppy is being sold as a pet and that no Breeding Rights are being conveyed with the above-described puppy and that said puppy Must Be Spay/Neutered. This puppy must be spayed/neutered within seven (7) months of the date of its birth. If this is an adult dog, then this dog must be spayed/neutered within thirty (30) days from the date of this Agreement. Buyer agrees and understands that in no circumstances prior to the spay/neuter of this puppy or dog, that said puppy or dog will be used at stud or for breeding purposes. b. Buyer understands and agrees to spay or neuter this puppy or dog no later than ______. c. If Seller does not receive (and agree to in writing), written notification of this puppy or dog’s spay/neuter from a qualified, licensed veterinarian within thirty (30) days of the date set forth in paragraph 7b, above, then Buyer agrees to immediately pay to Seller an additional $1,500 (One Thousand Five Hundred and no/100 dollars) for breeding rights to said puppy or dog. d. Buyer understands and agrees that after the thirty (30) days from the date set forth in paragraph 7b, above, that such above-described puppy or dog will be considered sold to Buyer as a “Breeding Quality” animal and the additional $1,500 (One Thousand Five Hundred and no/100 dollars), plus the original purchase price as set forth in paragraph 2, above, will be considered Chenoa German Shepherds’ price for a breeding quality animal. Buyer understands and agrees that his/her failure to comply with any of the provisions of this Agreement will be considered Breach of Contract. e. Buyer understands and agrees that in the event of a breach of contract regarding any provision of this spay/neuter Agreement, the additional $1,500 (One Thousand Five Hundred and no/100 dollars) shall be delivered to Seller by certified bank check, certified bank money order, or cash ONLY. Seller will not accept payment by a personal check. f. Buyer understands and agrees that Buyer will be solely responsible and will pay all reasonable attorneys’ fees, costs, court costs, and other costs deemed fair by the court, that Seller may incur by the enforcement of this Agreement and the procurement of the additional $1,500 payment by Buyer to Seller for the breeding rights of the above-described puppy or dog. Such attorneys’ fees, and other legal costs, court costs will be in addition to the additional payment of the $1,500 for the breeding rights of the above-described puppy or dog. g. Conveyance. Seller agrees to execute and deliver to Buyer the AKC registration paperwork conveying ownership of the above-described puppy or dog to Buyer upon the following: (1) If the above-described animal is a puppy, (or a dog that is unaltered prior to delivery), the AKC paperwork will not be released until Buyer has complied with all the provisions of the spay/neuter Agreement set forth in paragraphs 7a - 7f, above. Once Seller is in receipt of the written verification from a qualified, licensed veterinarian of the spay/neuter of the above-described puppy within the time period set forth in paragraph 7b, above, the AKC paperwork will be placed in the U.S. mail to Buyer within five (5) days from the receipt of said written verification from the Buyer’s veterinarian. It is the Buyer's sole responsibility to make sure that Seller receives such written verification of the spay/neuter of the above-described dog either by mail or fax in compliance with paragraph 7b, above. (2) This puppy is purebred and registered with the AMERICAN KENNEL CLUB. The Seller will provide an application slip marked "LIMITED" to Buyer. Seller agrees to execute and deliver to Buyer the AKC registration paperwork conveying ownership of the above-described puppy to Buyer at the time Seller receives the written verification of this puppy being spay/neutered as provided for in paragraph 7a-7f, above. A true copy of its pedigree will be provided at the time of purchase. (Please note: The puppy is not eligible for AKC conformation showing under limited registration.) (3) In the event the provisions in paragraph 7a - 7f, above, are not complied with, the AKC paperwork will not be forwarded to Buyer until Seller is in receipt of the additional $1,500 (One Thousand Five Hundred and no/100 dollars) as provided for in paragraph 7a - 7f, above. h. This puppy is being sold as a companion/pet quality (spay/neuter contract), and it may be shown in obedience and/or working events - NOT AS A SHOW ANIMAL. Therefore, it may exhibit one or more disqualifying faults according to the official AKC German Shepherd Dog breed standard. 8. Registration: Buyer agrees to register the name of the puppy as follows: The first name will be CHENOA'S, the second name will begin with the letter ___. The puppy can have a call name of whatever the Buyer chooses. (Please note: According to AKC rules the puppy must be registered within one year from the date of issue on the registration application. [one year from_________________________]). 9. Health Guarantee. To the best of Seller’s knowledge, the above-described puppy is progeny of animals that are healthy and show no signs of any congenital defects. A congenital defect is more commonly known as a birth defect. Most are present at or near birth. Seller guarantees the above-described puppy against life-threatening congenital defect until this puppy is 2 years old. This is a limited guarantee and the Seller must be notified, in writing, when the congenital defect is first detected. This guarantee is unenforceable after the puppy passes the age of two (2). If a claim for a life-threatening congenital defects is made, written verification (on company letterhead) from a qualified, licensed veterinarian must be provided to Seller with a description of the puppy’s congenital defect and their opinion as to seriousness of the defect. Seller reserves the right to have the puppy re-inspected by its own veterinarian for confirmation of the defect before replacing the puppy. In this event, the puppy will be replaced with a comparable replacement when one becomes available. Comparable replacement will be like sex and color. Buyer is solely responsible for any and all delivery and/or shipping related expenses. The puppy described in this Agreement does not have to be deceased nor returned to Seller in order that Buyer is able to make a claim for congenital defect and receive a replacement puppy. UNDER NO CIRCUMSTANCES WILL SELLER BE OBLIGATED TO BUYER FOR A CASH REFUND OR VETERINARIAN COSTS. 10. Health Guarantee - Elbows. Seller warrants that the above-described puppy is progeny of animals x-rayed and certified free of elbow dysplasia. Seller guarantees the above-described puppy against congenital, crippling elbow dysplasia. Between six months and eighteen months of age, Buyer, at his own expense, shall take the puppy to a qualified, licensed veterinarian to have a preliminary x-ray of its elbows and submit them to the OFA (Orthopedic Foundation for Animals) to determine whether congenital, crippling hip dysplasia is present. If said puppy develops congenital, crippling elbow dysplasia within twenty-four (24) months from date of birth (as determined by the OFA), the Buyer may choose ONE of the options listed in Paragraph 11 (a OR b) below. 11. Health Guarantee - Hips. Seller warrants that the above-described puppy is progeny of animals x-rayed and certified free of hip dysplasia. Seller guarantees the above-described puppy against congenital, crippling hip dysplasia. Between six months and eighteen months of age, Buyer, at his own expense, shall take the puppy to a qualified, licensed veterinarian to have preliminary x-ray of its hips and submit them to the OFA (Orthopedic Foundation for Animals) to determine whether congenital, crippling hip dysplasia is present.. If said puppy develops congenital, crippling hip dysplasia (as determined by the OFA) within twenty-four (24) months from date of birth, the Buyer may choose ONE of the options listed in Item 11 (a OR b). a. Buyer may return the puppy to Seller and receive a replacement puppy of like quality (but not the same breeding) from the next available
litter. Costs and related expenses of returning the puppy to Seller
shall be Buyer's sole obligation. b. Buyer may keep the puppy, spay or neuter it, at Buyer's expense, (written verification by a licensed veterinarian will be provided to Seller prior to the purchase of the new puppy), and receive one puppy of like quality out of any future litter for one-third (1/3) of its stated price. 12. Return Policy and Health Guarantee - Exceptions. If the above-described puppy is taken to a licensed veterinarian within 48 hours of delivery (excluding weekends or holidays), and is found to have a serious health problem that will affect the life span or life enjoyment of the puppy, then Chenoa German Shepherds will offer an exchange for the above-described puppy with a puppy of equal quality from the first available litter born or if there is a puppy not spoken for in this puppy’s litter. Buyer is solely responsible for all expenses related to the return of the puppy to Seller, and Buyer must execute any and all necessary paperwork to convey all interest in said puppy back to Seller. Further, if Buyer accepts a replacement puppy, Buyer is solely responsible for all shipping and/or delivery expenses. a. If the above-described puppy is discovered to suffer from a mild congenital defect unknown at the time of sale, which does not affect it's lifetime or quality of life, there will be no compensation, refund, exchange, or return of the puppy. Under no circumstances will Seller be obligated to Buyer for a cash refund or veterinarian costs. b. If the puppy suffers from any congenital defect as outlined in paragraph 9, above, and no replacement is available at that time, Seller reserves the right to furnish a replacement puppy on an availability basis ONLY with a puppy of similar quality. If a puppy of equal quality to the above-described puppy cannot not be made within one (1) year of the date Seller is notified by Buyer of such defect, then Buyer agrees to accept a replacement puppy of any color, and/or sex. If not, Buyer will lose all interest, monies, and replacement options and will relinquish all rights to a replacement puppy. A new contract will be signed on the replacement puppy . **NOTE** Seller reserves the right to have a second opinion provided by a veterinarian of her choice, at her own cost. Under no circumstances will Seller be obligated to Buyer for a cash refund or veterinarian costs. c. If Buyer chooses, he/she may return the above-described puppy for up to one (1) year from date of purchase, IF a qualified veterinarian sends to Seller a signed certification (on company letterhead) that the puppy has any fatal congenital defect that can not be treated. A detailed statement by the examining veterinarian, along with copies of all medical records, x-rays, lab work, and notes MUST accompany the signed certification and will precede the return of the puppy for health reasons. This certification must state what the fatal congenital defect is, the treatment, approximate cost, and the origination of the problem. Seller reserves the right to get a second opinion, at her expense, by a veterinarian of her own choice. Arrangements for the return of the above-described puppy must be agreed to, in writing, by Seller and Buyer prior to the Buyer sending the puppy back to Seller. Buyer is solely responsible for the delivery or shipping charges related to returning the puppy to Seller. Further, Buyer will execute all necessary paperwork to transfer ownership back to Chenoa German Shepherds prior to the puppy being delivered or shipped back to Seller. Under no circumstances will Seller be obligated to Buyer for a cash refund or veterinarian costs. d. No refunds will be made for a dead puppy or dog. A replacement puppy will be made, only if a qualified, licensed veterinarian, trained in such procedures, performs a necropsy and such report is provided to Seller, and such report states that the above-described puppy died of a fatal congenital defect (as outlined in paragraph 9, above), and could not be treated. Seller is not responsible for any veterinarian or medical costs whatsoever. e. Failure to have the puppy inspected by a certified veterinarian, within 48 hours of delivery (2 business days) of the above-described puppy voids any and all health guarantee. f. If the puppy is being shipped, the guarantee does not cover fleas, or ear mites, since these can be acquired in route to Buyer's home. g. Buyer understands and agrees that he/she will remain solely responsible for any costs incurred in returning the puppy to Seller. h. Buyer understands and agrees that he/she assumes all responsibility for the above-described puppy from when Seller delivers the puppy to Buyer; or if the puppy is being shipped, then Buyer assumes all responsibility for the puppy when it is delivered to the shipper/airline. i. Buyer understands and agrees that the two (2) year guarantee does not cover any condition stemming from the Buyer's neglect, illnesses, or accidents, that the puppy came in contact with while in the Buyer's care, including, but not limited to, blood transfusions, vaccination reactions, and death due to surgical procedures, including mishaps occurring during shipping. j. Buyer understands and agrees that the two (2) year guarantee only applies to the original Buyer, named on page one of this Agreement. Buyer understands and agrees that the puppy must be under the regular care of a veterinarian. 13. Health Record: The above-described puppy has had age appropriate vaccination(s) and preventative worming(s), which have been documented in the health record book provided to Buyer. Seller is not responsible for parasites or disease that this puppy may contract through transportation from Chenoa German Shepherds to the Buyer’s home. 14. Care of this Puppy: Buyer agrees that he/she is not acting as an agent in the purchase of this puppy; and, that the puppy will reside at the home of the Buyer, it will have access to a fenced yard, will not be chained or tethered and will be provided with proper housing, proper diet, and exercise. a. Buyer agrees to continue giving this puppy NuVet Plus vitamin supplement throughout its life. If Buyer fails to give this puppy a daily NuVet Plus vitamin, the hip and/or elbow guarantee is null and void. b. Buyer agrees to maintain preventative care of the puppy regarding hip and elbow dysplasia, such as proper nutrition, adhering to the Feeding recommendations and giving the puppy Vitamin C (as outlined in the attached Addendum to this Contract), avoiding excessive weight, proper exercise, and preventing stress injuries (not allowing the puppy to jump from heights taller than itself at the shoulder, not allowing the puppy to have FREE access to stairs, and NO FORCED exercise or running until at least 18 months of age). c. Buyer agrees to follow the Feeding schedule and Vitamin C recommendations as outlined in the Addendum to this Contract. If Buyer does not adhere to the schedule, then the hip and elbow guarantee becomes null and void. In order to have a healthy puppy, Buyer must follow the feeding and Vitamin C requirements. d. The Buyer agrees to provide necessary vaccinations and adequate health care including proper tooth care for the life of this puppy. Yearly check-ups and booster vaccinations (including parvo, if required) are required and should be brought up-to-date on the health record provided at the time of purchase. Buyer also agrees to keep the puppy in a safe environment and not allow this puppy to run at large under any circumstances e. Buyer also agrees to keep the puppy in a safe environment and not allow this puppy to run at large under any circumstances. f. Seller strongly believes in obedience training for the happiness of the puppy as well as the owner. Because of this belief, Seller will reimburse Buyer in the amount of $50 (Fifty Dollars) upon written verification of completion of obedience class by a qualified obedience instructor. Such obedience class must take place within the first year of the puppy's life. This $50 reimbursement does not apply to a puppy kindergarten class. g. Buyer understands and agrees that under NO circumstances will the above-described puppy be sold, given away, traded, leased or donated to any pet shop, humane society, research laboratory or any similar facility. 15. First Right of Refusal. If, for any reason, Buyer is unable to keep this puppy, Seller shall be given the first right of refusal. At the sole expense of Buyer, the puppy shall be returned to Seller’s possession and control, and Buyer shall execute all necessary documents to transfer ownership back to Seller. Seller agrees to refund Buyer an amount not in excess of the original purchase price (as listed on the first page of this contract) and such refund will occur only at such time as Seller is able to place puppy and only in the amount that Seller is able to receive for such puppy. This does NOT guarantee that Seller can place said puppy for an amount equal to the original purchase price as indicated in Item 1, page 1 of this Agreement. Seller is under no obligation to personally make up the difference between the purchase price of the puppy and the amount received for replacement of said puppy. Seller is under no obligation to personally make up the difference between the purchase price of the puppy and the amount received for replacement of said puppy. If the Seller is unable to place the puppy for money, the Buyer waives any right to enumeration for said puppy and Seller is under no obligation to refund any monies to Buyer. Under no circumstances will Seller be obligated to Buyer for a cash refund, and including but not limited to, veterinarian costs, shipping, and original purchase price of the above-described puppy. 16. Buyer understands and agrees that his/her failure to comply with any provision of this Agreement may detrimentally affect the reputation of Chenoa German Shepherds. 17. Buyer understands and agrees that any and all legal action, which may arise under any provision of this Agreement, will be brought in the State, County and City of Seller’s residence. Buyer Will Be Responsible for All Court Costs Involved Due to Breach of Contract. 18. Entire Agreement: This Agreement is intended by both Seller and Buyer a complete and exclusive statement of its terms. No representations, understandings or, agreements, whether verbal or written, have been made or relied upon in the making of this Agreement other than those specifically set forth herein. Only an agreement signed by both parties may modify this Agreement. 19. Amendments to this Agreement: It is mutually understood by both Seller and Purchaser that any changes and/or additions to this Agreement must be initialed by both parties. 20. Severability: The invalidity, illegality, or unenforceability of any one or more provisions of this Agreement shall in no way affect or impair the validity, legality or enforceability of the remaining provisions herein, such provisions shall remain in full force and effect. 21. Remedies: a. Cumulative. All of Seller's rights hereunder are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall not limit or prejudice any legal or equitable right which Seller may have. b. Seller's Right to Injunction. In the event of a breach by Buyer of the duties provided in Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 (and paragraph 22, if applicable), it is understood that Seller's reputation as a breeder of German Shepherd Dogs will be irreparably harmed thereby and that Seller has no adequate remedy at law. Seller shall, therefore, have the right to bring an action in equity and to enjoin Buyer from engaging in the continuation of such practices or actions and also to recover reasonable attorney fees and costs of suit incurred in that action. 22. Additional Agreements: None. This Contract Is Made and Signed by Both Parties to Ensure the Well-being and Protection of this Puppy. This Contract Constitutes the Full Agreement Between Buyer and Seller. No Other Warranty, Verbal or Written, Is Implied. READ, UNDERSTOOD AND AGREED TO at _____am/pm this day of , 2005.
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