MLC HAVANESE 44 Lakes Close Lacombe, AB T4L 1S4 (403) 782-1555 mlchavanese@gmail.com This agreement is between Kim Johnstone of MLC Havanese (hereafter referred to as the Breeder) AND _____________________________ (hereafter referred to as the Buyer) MLC Havanese agrees to the sale of a Havanese as follows: Whelped CKC Litter No. Gender Color Markings Microchip # Sire: CKC No. Dam: CKC No. The above described is sold under the following term and conditions as agreed to by Breeder and Buyer. 1. The Breeder has taken every reasonable effort to produce a litter that conforms to the current CKC and/or AKC Havanese breed standard and to ensure the physical soundness and temperament of the dog. Its Sire and Dam themselves are free of hereditary defects as far as known through pedigreed history; and the parents have received tests including, but not limited to, Echocardiography, BAER, Cerf, Patellas and Elbows. All test results for the Dam and Sire will be provided in hardcopy to the Buyer who recognizes that this is no guarantee of the future health of the dog. 2. On the date of this contract there are no genetic health tests available for the Havanese. Chondrodysplasia, liver shunts and heart malformations occur through an unknown mode of inheritance of multiple recessive genes. Hip dysplasia has a complex mode of inheritance and the expression of the disease is strongly affected by the environment. To the best of our ability the dam/sire of this litter have been tested and the pedigree history studied, prior to breeding, to minimize genetic inheritance. The Breeder will communicate all future health knowledge about the dam/sire and littermates to the Buyer to assist in future health assessments of the dog. The Buyer will ensure that the Breeder has current contact information to facilitate this communication. 3. The Buyer agrees that he/she is not acting as a broker or agent in the purchase of this dog and the Buyer warrants the dog will remain in his/her sole custody. 4. The above dog is a purebred Havanese eligible for registration with the Canadian Kennel Club (CKC) under a Non Breeding Registration. Included in the purchase price, the Breeder agrees to complete final registration of the dog and will keep the prefix ‘MLC’ in the registered name selected by the Breeder. 5. For development and health reasons we ask that spay or neuter is delayed until the pup is 18 months. A refund to the owner in the amount of $________ will follow receipt of a Certificate of Sterilization. Sterilization prior to 18 months will not be refunded unless agreed to by the Breeder. 6. There is no difference in price between a potential breeding Havanese and a non-breeding Havanese from this litter. They come from the same parents, have the same pedigree and have had the same care. The difference is in the purchaser's obligations under this contract and to the dog, therefore it is agreed that this puppy is being sold as a pet/companion and should NOT be bred and no litters produced by the breeding of this animal. A $3500 penalty will be paid to Breeder if said dog/bitch is bred. A change to the CKC registration status and a new breeding contract will be required by the Breeder, if the dog is continued to be bred. (_______) Buyers Initials required (_______) Breeders Initials required 1/3 7. Upon acceptance of the offered dog and of this contract by both parties, a deposit of $___________ is required within 48 hours of acceptance to ensure the dog is held for the Buyer. The remaining $______________ shall be paid immediately upon the Buyer taking possession and paid in the form of a ‘cashier’s check’ or money order and payable to the Breeder personally. The deposit will be refunded to the Buyer if the Buyer terminates this contract within ten (10) days from Breeder’s receipt of deposit. Name of Dog offered: Date of Dog offer: Date of Acceptance of offer: Date of deposit receipt: Last refund date: 8. The Breeder has made every effort to ensure the puppy is in a normal and healthy condition prior to purchase. This puppy has been examined by______________________________, ______________ AB (403) ______________. This puppy will come with an up to date health record including deworming, immunization dates and any other health checks. 9. The Buyer agrees to assume full responsibility for the dog once it leaves the Breeders premises. At the Buyer’s expense the Buyer is to have the above described dog checked by his/her veterinarian. If a Veterinarian certifies in writing that the dog is not in good health within one week (7 days) of the dog leaving the breeders home, the buyer has the right to return the dog to the breeder. Upon receipt of the dog, the written and signed Veterinarian examination and any lab work information the Buyer will receive a full refund of the purchase price and the deposit. 10. The Breeder’s responsibility for communicable diseases is void if it is not reported within seven (7) days of the initial receipt of the dog. 11. In the event this dog dies, no refund will be given unless an autopsy is performed and the cause of death is determined by the Buyer’s Veterinarian to have been caused by a specific genetic defect in the dog and the Breeder has received a written copy of the autopsy and the Veterinarian’s opinion as to the cause of death. The refund that will be provided after an autopsy has been performed will be the cost of the autopsy as well as all Veterinary bills up to the price of the dog. 12. If, within 5 years, a genetic defect is discovered that is detrimental to the dog’s health, and if the buyer doesn't wish to return the pup, any resulting veterinary expenses related to the genetic defect would be considered by the Breeder up to the price of the dog. Cancer, and other environmental and/or nutrition related diseases are not guaranteed. Genetic diseases that can be influenced by environmental factors such as poor nutrition or excess exercise prior to full bone growth are not guaranteed. 13. The Buyer must provide the dog with a proper environment. That is to provide food of sufficient quality and quantity as to keep the Havanese in optimum condition, clean water, proper shelter and adequate exercise either in a fenced yard or under constant supervision on leash. Any and all guarantees or other commitments between Breeder and Buyer contained herein or otherwise are null and void if the dog is found to have been abused, deprived of proper nutrition, worked or exercised prior to the time the growth plates of the dog’s joints have closed, or vaccinated improperly. 14. The Breeder is not responsible for any health issues or loss of life due to poor quality of foods or improper feeding, reactions caused by vaccinations or reactions to flea and tick preparations administered either orally or to the skin surface. The Breeder is not responsible for any allergens found in the home environment or through the diet provided. The Breeder is also not responsible for any puppy death due to injuries sustained, hypoglycaemia, dehydration or other illness that could have been prevented by the Buyer. 15. The Buyer agrees to provide the dog with routine and regular veterinarian immunizations and care. It is recommended that blood work panels be considered during routine veterinarian exams. It is recommended that with time the Buyer and their veterinarian consider titers to monitor immunity levels rather than a strict vaccine protocol. Caution is recommended with administering the Corona and Leptospirosis vaccines as Havanese from other breeding lines have had serious life threatening reactions. Please discuss these vaccines with your veterinarian and determine if these vaccines are necessary in your area. 16. The Breeder guarantees that the sire and dam do not have juvenile cataracts or premature retinal detachment and does not expect them to genetically occur. The Breeder guarantees clear eyes on both parents at the time of breeding and will provide copies of current Canine Eye Registration (CERF). It is in the best interest of the Buyer to have the dogs’ eyes examined by a Veterinary certified Ophthalmologist after the age of 24 months and provide to the Breeder the notification of health. (_______) Buyers Initials required (_______) Breeders Initials required 2/3 17. Should the Buyer put any CKC/AKC title on the dog, such as Canine Good Neighbour, Obedience, Rally Obedience, Agility, etc the Breeder will award a $50 bonus for the accomplishment. The Buyer agrees to send MLC Havanese a copy of each "win" photograph. 18. The Buyer or their estate may not resell or otherwise transfer the above mentioned Havanese to a third party without the permission of the Breeder. Nor may the Buyer or their estate place the mentioned dog in a Humane Society, dog pound or shelter. Instead, if the Buyer or the estate is unable to care for the dog, they are to contact the Breeder who will ensure the dog is placed into a home suitable to the future well being of the dog. The Buyer has read and agrees to all of the terms and conditions contained herein. NO VARIATIONS ARE ACCEPTED UNLESS IN WRITING AND AGREED UPON AND SIGNED BY BOTH BREEDER AND BUYER. Failure to comply with the terms and conditions herein entitles the Breeder to either (1) fine the Buyer $3500 or (2) to repossess the dog and its CKC/AKC registrations from the Buyer, WITHOUT refund AND at Buyer’s expense. Any court proceedings will be at the Buyers expense and take place in Red Deer, Alberta, Canada. Breeder Kim Johnstone Buyer Name Address 44 Lakes Close Lacombe, AB T4L 1S4 Town/city (403) 782-1555 (h) (403) 392-0553 (c) Phone no. mlchavanese@gmail.com Email address Signature Date of release of the dog into the care of the Buyer __________________________ This contract is version 2 - November 2014. (_______) Buyers Initials required (_______) Breeders Initials required 3/3