Puppy Contract and Bill of Sale This agreement is made between the Breeder and the Buyer for the purchase of the following dog: Breed: YELLOW LABRADOR RETRIEVER Sex:__Female___ DOB: November 16, 2010 Puppy Identification:_________________________________________________________________________________ Sire: FLAT CREEK’S LITTLE DAKOTA (DAKOTA) AKC#: SR40809407 Dam: BLACKFOOT’S CAROLINA DELIGHT (CAROLINA) AKC#: SR31217105 The Breeder is selling the above dog for the total price of $450.00 If requested, the shipping fee for this puppy is $_______________________________________________. The Buyer is giving a deposit of $150.00 and has a final balance of $300.00 due to the Breeder two (2) weeks before shipping date OR upon release of dog to the Buyer. The expected release date is January 11, 2011. The expected shipping date is ____________________. The Buyer understands that the deposit is NON-REFUNDABLE because it is a commitment to buy the dog. Buyer will forfeit the deposit and ownership rights to the dog if 1)Buyer decides he/she no longer wants to buy the dog OR 2) Buyer does not make full payment to the Breeder and pick up the above dog within one week of the release date (unless prior arrangements have been made). A boarding fee of $10.00 per day will be charged for keeping your puppy past 8 weeks of age. The Breeder may sell the dog to another party if one of two above cases occurs. The Buyer also understands that puppy selection is in the order deposits are received based on gender (first deposit for a male gets first pick of males and so on). The Breeder reserves the right to keep any puppies from the litter, if desired, before reserved puppies are selected. Puppies will be picked out at seven weeks of age, as this is when they will be showing their true personalities and appearances. The Buyer will come to the Breeder’s home and hand-pick the desired puppy at an appointed time*. If the Buyer cannot come at the appointed time, they will be bumped down the selection order list. In the event that a requested puppy is not available due to sickness, litter deaths, or any other circumstance by fault of the Breeder, the buyer’s deposit will be moved to the next available litter. NO REFUNDS WILL BE GIVEN ON DEPOSITS. DEPOSITS ARE NOT TRANSFERRABLE TO OTHER LITTERS, UNLESS THE ABOVE OCCURS OR FALLS UNDER THE BREEDER’S HEALTH GUARANTEE. Date Payment Received By Buyer:________________________________________________________ Payment type:___________________ Check #/Paypal Transaction ID:_____________________________ This puppy is being sold with ___ LIMITED AKC reg. ___FULL AKC reg. LIMITED AKC REGISTRATION: Offspring of this dog CANNOT be registered with the AKC. Dogs with limited registration CANNOT be shown in AKC conformation dog shows. All other AKC events are open to dogs with limited registration (agility, obedience, hunting, etc.). The purpose of Limited Registration is to encourage spaying/neutering and reduce the number of unwanted and unplanned puppies and dogs being put to death every year in animal shelters. FULL AKC REGISTRATION: Offspring of this dog may be registered with the AKC if bred to a fully registered AKC dog of the same breed and meets all other rules for AKC registration. Fully AKC registered dogs may compete in ALL AKC events. Breeder’s Representations: HEALTH GUARANTEE: The Breeder takes pride in producing healthy dogs with wonderful temperaments to loving homes. The Breeder guarantees the dog’s health for 72 hours after the delivery of the dog to the Buyer in the case of communicable diseases and congenital disorders. If such a case is detected, and be diagnosed in writing by a qualified veterinary specialist, the Breeder will replace the puppy with a puppy of similar quality OR a refund of the purchase price upon the return of the dog. The Breeder is not responsible for any veterinarian bills incurred by the Buyer. The Breeder also reserves the right to a second opinion from a veterinarian of the Breeders choice at the Breeders expense. If both vets do not concur a third opinion will be sought from a mutually agreed upon veterinarian. The breeder is NOT RESPONSIBLE for associated changes which may occur with moving a puppy to a new home: mental stress, low blood sugar, loose stools or coccidia which can be caused by stress and can develop within hours in transport and has nothing to do with good or bad breeding. BREED GUARANTEE: The Breeder guarantees this is a purebred dog, offspring of the purebred sire (father) and purebred dam (mother) at the top of this agreement. THE BREEDER’S LIFETIME COMMITMENT: The Breeder will take the dog back at any time during the lifetime of this dog. With this commitment, the Buyer should never consider euthanizing the dog unless medically necessary or taking it to an animal shelter. The Breeder will not issue a refund or provide another puppy to the Buyer unless the dog’s return falls under the Breeder’s health guarantee. FITNESS OF PURPOSE: This dog is bred as a companion animal. Although the dog may be capable of excellence in obedience trials and show ring and/or breeding, no warranty is provided by the Breeder as to its fitness for any specific purpose. Buyer’s Representations: SPAYING/NEUTERING: Unless the Breeder has given the dog full AKC registration, the buyer will engage a licensed veterinarian to spay or neuter the dog by six months of age. BUYER’S COMPANION: The Buyer agrees that the dog will live with the Buyer as his or her companion. The Buyer also agrees that he or she is not an agent for another person or business in this purchase. GENERAL WELL-BEING: To prevent unfortunate accidents and for the dog’s general well-being, the Buyer will maintain the dog in an adequate enclosed area and will not allow the dog to roam at will. The Buyer WILL NOT CHAIN OR TETHER the dog in the yard or keep the dog PERMANENTLY in a kennel since research proves that this causes antisocial behavior in dogs. Also, the Buyer will provide nutritious food and necessary health care by a licensed veterinarian, including appropriate de-worming, including heartworm prevention, and vaccinations, including the lime and rabies vaccination. PAYMENT: Payment is due in full two (2) weeks before the expected shipping date OR at the time the Breeder releases the puppy to the Buyer. Payment must be in the form of cash, cashier’s check, money order, or Paypal. The Breeder cannot accept personal checks. TRANSFER OF OWNERSHIP: The Buyer will not sell, give, or release this dog to a pet shop, retail store, dog dealer, animal testing facility, research facility, or any agent for these. The Buyer must require any new owner to follow the terms of this agreement. INDEMITY: Buyer agrees that if his or her actions or failure to act result in any claim, suit, loss, damage, injury, death, or liability, the Buyer will defend, indemnify, and hold the Breeder harmless and will pay all of the Breeder’s costs and expenses including reasonable attorney fees, any amount paid in settlement and any award or judgment. RELEASE OF CLAIMS: The Buyer releases the Breeder from any and all liabilities or damages caused by this dog after placement. These damages include, but are not limited to, destruction of property and/or any physical damage to any person. LIMITATION OF ACTIONS: Any action or claim brought by the Buyer against the Breeder for breach of this contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs. JURISDICTION: The Buyer agrees that he or she understands this contract fully and that this contract is in the jurisdiction of the state of New York, in the county of Schoharie in which the Breeder resides. Shipping Agreement When shipping a puppy via airline cargo, the Breeder and the Buyer agree to the following terms: The remainder balance of the puppy price AND the shipping charges must be received by the Breeder at or before (2) weeks before shipping date. This date will be____________________________________________________. The expected shipping date is:________________________________________________________________________. Buyer assumes responsibility of the puppy once it leaves the breeder's care. The Breeder is in no way responsible for loss, death, or injury during transport to the new home. The Breeder will purchase insurance on the puppy for transport. The Buyer will need to settle with the airlines or ground transport company if an issue arises. Once the Buyer signs for the puppy at the airport pickup point, the Buyer has released the airline of doing any harm to the puppy. Buyer is also responsible for any and all expenses of any additional surcharges AFTER the transport of the puppy. This is includes, but is not limited to: holding fees, special veterinarian fees, etc. The breeder is NOT RESPONSIBLE for associated changes which may occur with moving a puppy to a new home: mental stress, low blood sugar, loose stools or coccidia which can be caused by stress and can develop within hours in transport and has nothing to do with good or bad breeding. If the Buyer wishes to return the puppy to the Breeder under the Breeder‘s Health Guarantee, the Buyer agrees to return the puppy to the Breeder at the Buyer’s cost and to assume cost of shipping the replacement puppy, if shipping is required. The Breeder will contact the Buyer via telephone once the puppy has been put into the hands of the airline. The Buyer will contact the Breeder via telephone as soon as they receive the puppy from the airline. Mediation and Arbitration Mediation and arbitration lower any potential legal costs for both the Buyer and the Breeder. If a dispute arises under this contract, the Buyer and the Breeder agree to first try to resolve it with a mutually agreedupon mediator in the jurisdiction of this contract. Any costs and fees other than attorney fees associated with the mediation will be shared equally by both the Buyer and the Breeder. If it proves impossible to arrive at a mutual satisfactory solution through mediation, the Buyer and the Breeder agree to submit the dispute to a binding arbitration proceeding located closest to the residence or business location of the Breeder, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Entire Agreement This contract represents the entire agreement between the parties. The Breeder and the Buyer have made no other agreements, promises, or representations, verbal or implied, unless specifically stated in this agreement. The Breeder and the Buyer to each receive one copy of this agreement signed by both. Buyer:__________________________________________________________ Date:_________________ Breeder:_________________________________________________________Date:_________________ The Buyer is to sign below the Breeder’s copy of this contract upon receipt of the puppy from the Breeder. I acknowledge that I have received the puppy into my possession. Buyer:___________________________________________________________Date:_______________ Contact Information for the Breeder and Buyer BREEDER: Breeder’s Name: Kimberlie Ackerley Phone: (607) 588-7901 Address: 629 Flat Creek Rd City: Gilboa State: NY E-Mail Address: kackerley@yahoo.com Zip: 12076 BUYER (please print clearly): Buyer’s Name:_________________________________________________________________________ Phone:________________________________________________________________________________ Cell Phone:____________________________________________________________________________ Address:______________________________________________________________________________ City:_________________________________State:___________________Zip:______________________ E-Mail Address:________________________________________________________________________ This contract was last revised: December 11, 2010