sales agreement and bill of sale

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SALES AGREEMENT AND BILL OF SALE
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A SALES CONTRACT
BETWEEN THE FOLLOWING PARTIES:
SELLER
Starlaine Dobermans
Elaine Hopper
StarlaineK9@msn.com
425 228-7070
BUYER(S) SAMPLE NOT FOR USE
DATE OF SALE:_____________________ BREED:_____________________________
SEX:___________________ COLOR:_________________ ID:____________________
DATE WHELPED:___________________ AKC LITTER #________________________
FOR THE TOTAL PRICE OF $______________, BALANCE DUE (LESS ANY
DEPOSIT PAID) $______________, PAYABLE UPON DELIVERY OF THE ANIMAL
AS DESCRIBED ABOVE.
SELLERS GUARANTEE
The seller, to the best of my knowledge, do hereby guarantee the above described
Doberman Pinscher to be in sound health and free from any communicable diseases. This
Doberman has been checked by a veterinarian, received up to date inoculations and has
been dewormed. A complete up to date health record including all vaccinations and
deworming will be provided to the buyer along with copies of all health testing completed
on sire and dam. The buyer will be provided with at least a four generation pedigree and
properly completed AKC registration papers. The puppy has had dewclaws removed, tail
docked and the ears have been cropped.
A health exam by a licensed veterinarian is required within 72 hours of sale. Should any
serious illnesses or condition be found at that time, upon written certification of attending
veterinarian, the Doberman may be returned to the seller for a full refund of the purchase
price (the amount actually paid by the buyer to the seller). All shipping charges and/or
delivery fees are the sole responsibility of the buyer.
This Doberman is guaranteed to be free of hereditary crippling, disabling or fatal defects
through its seventh birthday (considered veteran status by the Doberman Pinscher Club of
America). This does not apply to any disease not proven to be hereditary or any illness as a
result of accident, injury, neglect or the normal aging process. This agreement also does not
apply to any condition that can be corrected or comfortably managed with proper
veterinary diagnosis and medical care. A determination of what constitutes a hereditary
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defect is to be by the unanimous agreement of two (2) veterinarians agreeable to both buyer
and seller. One of these veterinarians must be a tenured faculty member of a credited
veterinary university teaching hospital or board certified in the applicable specialty or have
a proven association with the Doberman Pinscher Club of America, and thus familiar with
the breed. Cost of the opinions is to be assumed by the buyer. If proven, the seller will
reimburse the buyer for one half of the associated fees for the opinions. If the above
requirements are met, at the buyer’s request the seller will replace the Doberman with
another puppy (if available) or refund a portion of the purchase price at the seller’s option,
with the refund amount to be determined by the seller. Any refund will be prorated based
on the age of the dog diagnosed as stated above, and not to exceed one half of the original
purchase price. This guarantee is between the seller and the original buyer only and is not
transferable. Any refunds do not require the return of the dog.
CONDTIONS OF SALE
1. The Buyer agrees to provide this Doberman with proper care, food and veterinary
attention. The buyer agrees to provide a fenced yard and will not permit the animal
to run loose outside the owner’s property. This animal is to be considered a
companion, and thus a house dog, and will not be left out in the weather. This
Doberman is not to live or be tethered outside nor is it to remain in a kennel run
without access to proper shelter that includes cover, bedding and climate control.
This Doberman is not to ride in any vehicle without proper restraint (preferably a
crate) and is never to ride in an open bed of a pickup truck whether restrained or
not. The buyer agrees to never abandon this Doberman in a shelter, sell it to a
research facility, or place the dog with another party permanently for any reason
without first contacting the seller. The buyer agrees to keep the seller informed of
any change of address or other contact information
2. The buyer swears he/she is not acting as an agent in the purchase of this
Doberman and that he/she will not sell this animal to any agent, pet store, puppy
mill, commercial breeder, guard dog facility or research facility.
3. If at any time the buyer should decide that he/she can no longer keep this
Doberman, for whatever reason, at any time during its lifetime, the seller will have
first right of refusal with any agreed payment not to exceed the original purchase
price. The buyer agrees that any repurchase or refund by the seller that might be
agreed to will be affected by costs associated with placing the animal in another
home, veterinary care, training or any other costs incurred by the seller subsequent
to the return of the animal. The reclaim of said Doberman and its registration papers
by the seller automatically voids any controls held by the buyer.
4. It is understood that this Doberman is being sold as a pet quality animal due to
some fault or faults in conformation and it is agreed that this animal does not have
the potential to become a Champion according to the rules of the American Kennel
Club. As pet quality, this animal is not suited for breeding purposes and will be sold
on a limited (non breeding) registration. By signing this document the buyer agrees
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that this animal will never be bred. The buyer is required to spay or neuter the
animal at the appropriate age; females no later than twelve (12) months and males
no later than eighteen (18) months of age unless specific arrangements have been
made and agreed to by seller to delay any surgery. Costs associated with spay or
neuter is to be assumed by the buyer. A copy of the spay/neuter certificate or other
document proving this animal has been altered must be forwarded to the seller.
5. If the puppy has had ears cropped, the buyer agrees to provide proper care of the
ears until they stand properly. The seller will personally provide any ear aftercare
free of charge at a location specified by the seller, or will refer the buyer to a
veterinarian or other individual experienced in proper ear care of cropped breeds.
Any costs incurred for ear care other than those provided by the seller are the
responsibility of the buyer.
6. The registered (official AKC registration) name is to include the sellers kennel
prefix of Starlaine. The registered name is also to conform to the litter theme chosen
by the seller. Any advertising or official descriptions of the above named Doberman
are to include the official kennel name including the seller’s prefix. The buyer is
free to give the Doberman an unofficial everyday or “call name” of their choice.
7. Special conditions:____________________________________________________
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_____________________________________Initials________________________
8. ENTIRE AGREEMENT - It is understood and agreed that the buyer, by signing
this form, has read and understands the provisions of this contract. Furthermore, this
written agreement constitutes all of the conditions of the sale and no verbal
statements, either before or after the sale will be binding in any way.
9. LIQUIDATED DAMAGES - It is understood and agreed by both buyer and seller,
that this contract is both designed to safeguard the welfare of the animal named in
this contract and to protect the reputation of the seller and breeder Elaine Hopper
and the name Starlaine Dobermans by requiring high standards of dog ownership
and care. Ones reputation as a responsible breeder is difficult to value in monetary
terms yet remains of the utmost importance, therefore both parties agree the seller
retains the right to seek liquidated damages in the amount of $6,000.00 (treble the
purchase price) if it is found that the buyer has material breached this agreement. If
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the seller seeks liquidated damages the buyer can elect to return the above named
Doberman to the seller at buyer’s expense in place of paying liquidated damages.
In the event that buyer does elect to return the Doberman, the seller shall have sole
choice as to the service agent used to return the Doberman. This agreement also
does not limit the seller’s ability to seek damages for other injury to the seller’s
reputation by actions such as defamation that go beyond breach of this contract
10. ARBITRATION - This agreement shall be governed by the laws of King County,
State of Washington. This agreement shall be considered a legal and binding
document and stand as written and agreed to as is, without benefit of Notary Public
affirmation. It is further agreed that should any cause of action, litigation or claim
arise in any manner as a result of the acquisition of the above named Doberman, the
parties herein will enter into binding arbitration rather than a court of law. This
agreement shall be settled by arbitration pursuant to the applicable rules of the
American Arbitration Association, and that the cost incurred for said arbitration will
be divided among both parties.
THE UNDERSIGNED HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
AGREE ON THE DATE WRITTEN BELOW TO PERFORM ITS TERMS.
SELLER___________________________BUYER(S)_____________________________
______________________________
DATE_____________________________DATE_________________________________
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