Timshell Farm Company

advertisement

Puppy Contract

Page 1 of 4

Puppy Contract and Bill of Sale

This contract is for the purchase of the following Dog:

Name:

Breeder/Kennel:

Sire:

Dam:

Pedigree:

Tattoo (optional):

DOB:

Price:

Buyer (for home breds)/Importer (for imports):

Name: ____________________________

Shots:

Deworming:

Address: _______________________________________________________________

Phone: ____________________________

Email: ____________________________

Non-refundable deposit (deductable from the purchase price): $250

Foreign Registration: Internal/domestic pedigree will be provided free of charge. A fee of $120 will be charged if the Buyer requests the domestic pedigree to be exchanged for an export pedigree. An export pedigree is a requirement for the AKC registration. Domestic pedigree has to be obtained prior to it being exchanged for an export pedigree. Once the domestic pedigree is issued, your dog is officially registered and a registration number will be issued. Still, AKC requires an export pedigree if a dog is purchased for showing or breeding purposes. If it is a US-bred pup, AKC registration will be provided.

TERMS

The Buyer must have the dog examined by their veterinarian within three days of receiving the dog; otherwise, certain portions of the health guarantee may be voided. The Buyer assumes full responsibility for all costs and care for the dog that do not fall under this contract— including necessary tests, treatments, nutrition, training, etc. throughout the life of the dog.

We highly recommend obtaining a pet insurance.

Shot records provided.

The $250 deposit is non-refundable.

HEALTH GUARANTEE

 As per the Code of Virginia:

1.

Pups won’t be sold under the age of seven weeks, once completely weaned.

2.

Seller shall provide all dogs with current vaccinations against contagious and infectious diseases, as recommended in writing and considered appropriate for the animal's age and breed by a licensed veterinarian, or pursuant to written recommendations provided by the manufacturer of such vaccines at least five days before any new owner takes possession of the animal. For dogs, the vaccinations required by this subsection shall include at a minimum canine distemper, adenovirus type II parainfluenza, and parvovirus. Seller shall provide the new owner with the dog's or cat's immunization history.

3.

If, at any time within 10 days following receipt of an animal, a licensed veterinarian certifies such animal to be unfit for purchase due to illness, a congenital defect deleterious to the health of the animal, or the presence of symptoms of a contagious or infectious disease, the Seller shall afford the consumer the right to choose one of the following options:

Buyer’s Initials Here______________________

Puppy Contract

Page 2 of 4

A. The right to return the animal and receive a refund of the purchase price including sales tax; or

B. The right to return the animal and to receive an exchange animal of equivalent value from the Seller.

A signed veterinary certification will have to be provided.

4.

A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for purchase. An animal may not be found unfit for purchase on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.

5.

It is the Buyer’s responsibility to provide proof. Tests by a certified veterinarian have to be presented.

6.

Imported dogs: overseas shipping and custom’s fees are non-refundable.

NOTE: Because of factors out of the control of the Seller and the Breeder, health issues that arise that cannot be solely attested to genetic causes may not fall into this guarantee. The purpose of the guarantee is to assure the Buyer that the puppy or dog is coming from healthy parents and should reasonably be healthy itself. However, there are many non-genetic reasons and influences that can cause medical problems that may or may not also be displayed due to genetics. For example, a dog’s immune system can be impacted by genetics or by external factors—nutrition, rearing, environment, etc. In situations where significant health issues arise that may be connected to genetics, the burden is on the Buyer to prove that any specific problems were not the cause of the aforementioned external factors, but were in fact genetically based. This will have to be sent to the

Breeder for review. The Breeder is responsible for the cost and the replacement of the Dog. The Buyer is responsible for transportation. The cost of overseas transportation of an imported Dog is included in the price and is non-refundable in case of a replacement.

7.

If the Dog dies within 6 months after the Buyer receives it, an autopsy will have to be performed to determine the cause of death. Depending on the cause of death, a replacement may be provided.

8.

Exclusion: There are NO guarantees that the dog will be successful in breeding, showing, or working, and this health guarantee will not apply to a female/male dog once it has been successfully bred

9.

Imported dogs: The Seller is an agent of the Breeder listed above, and is not liable for any complaints pertaining to the health, temperament, personality, behavior, or other characteristics of the aforementioned dog. The Seller has provided a service as an agent to the Breeder to assist in the sale of the aforementioned dog, and is not liable for anything beyond the effective transaction of the sale itself—including the transfer of monies for the purchase of the dog, the transportation of the dog to the US, and subsequently to the Buyer. Complaints must be addressed directly to the Breeder. In situations where the Breeder does not speak English, the Seller agrees to act as an intermediary between the Buyer and Breeder.

REGISTRATION

10.

If your dog is registered with AKC, the Seller will assist in obtaining the appropriate documents as soon as they are available. It is the Buyer’s responsibility to obtain an individual dog registration once they receive the appropriate documents from the Breeder.

11.

If your dog is FCI registered, it is the Breeder’s responsibility to provide the Buyer with a “dog card” which shows the dog is healthy and is registered with FCI—this card is not acceptable when registering with AKC. It is the Buyer’s responsibility to exchange the dog card to obtain a FCI export pedigree which will be needed to register the dog with AKC. The Seller, however, provides assistance in FCI registration. All FCI registration fees will have to be paid to the Seller directly ($100 is the fee for a FCI export pedigree – see below).

12.

The purchase of the Dog includes only a domestic pedigree. You will need an export pedigree to register the Dog with AKC.

13.

The Seller is not responsible for the amount of time it takes to obtain foreign registration papers. This depends on a number of human and logistical factors that do not depend on the Seller. The Seller guarantees the receipt of the papers only if the Breeder submits all the litter registration paperwork appropriately and in due time.

ADDITIONAL CONDITIONS

14.

The Buyer must keep the growing dog at a healthy weight appropriate for its size; must prevent harmful exercise that strains or negatively impacts joints or teeth; must feed their dog a nutritious and quality brand of dog food that is specifically formulated for large-breed puppies or dogs.

15.

We DO NOT sell to large breeding/commercial facilities or outdoor kennels. All our dogs are to be kept inside. The dog cannot be crated for extended periods of time during the day.

16.

The Seller can inspect the dog/facility at any time but no more than twice a year. It is also understood that the Seller may examine and make inquiries about the Dog at any time. If the Seller is not satisfied with the condition of the Dog or the conditions in which it is kept, the Buyer will be advised to improve the conditions within a timeframe agreed upon between the Buyer(s) and the Seller. If the Buyer fails to improve the conditions, the dog will be returned to the Seller, and any refund will be at the Seller’s discretion.

17.

If the Seller discovers the Buyer is mistreating the animal, abusing it, not providing adequate care, food or exercise, the dog will be removed immediately. No refunds!

Buyer’s Initials Here______________________

Puppy Contract

Page 3 of 4

18.

The Seller shall not be responsible for any medical costs incidental to the dog after the Buyer(s) receives the dog, other than those terms described in the health guarantee.

19.

The Buyer(s) agrees to provide annual veterinarian exams, including heartworm checks and monthly preventative tablets or chewables, to do all required vaccinations in accordance with a veterinarian’s schedule, and keep current other voluntary vaccinations according to the veterinarian schedule. Failure to comply with and provide documentation of these requirements voids all guarantees.

20.

Buyer agrees that the dog will reside at the home of the Buyer; have access to a fenced yard or be provided regular exercise commensurate with the needs of the breed; not be chained or tethered; and will be provided with proper housing, a good quality diet, and required veterinary care.

Buyer also agrees that this dog/dog will not be used as a guard dog for any business.

21.

If the dog is bought with breeding rights, the buyer will commit to responsible breeding and adhering to the AKC/FCI rules. In some instances, the Buyer may have to request approval of the intended Sire/Dam by the Breeder.

22.

If the Dog becomes lost or stolen, the Buyer(s) agrees to notify the Seller immediately, or within 24 hours. The Seller will not be responsible for this loss and will not refund anything, nor will Seller give another dog for replacement, but agrees to try to help as much as possible in the recovery of the dog. The Buyer(s) also agrees not to sell, trade or dispose of this dog without first notifying the Seller . If, at any time, the

Buyer(s) is unable or unwilling to care for this dog, the Buyer(s) agrees to return the dog to the Seller upon mutual agreement or allow the

Seller to advertise the Dog for resale. If the Dog is returned or re-sold, the original Buyer will be refunded the original price—minus the deposit and any required veterinary care—or the value the puppy is resold for, whichever is lower. The cost of transporting the dog back to the Seller is the Buyer’s expense.

23.

The Buyer(s) agrees to notify the Seller within 10 days of any change of address or phone number.

PAYMENT

Full payment has to be made PRIOR to shipping. If the Buyer picks up the Dog himself/herself, the rest of the payment IN CASH is due at that time. Shipping is NOT included in the cost.

All returned checks will be charged a $50 fee.

LEGAL TERMS

Buyer and Seller agree to mediate any dispute or claim arising between them out of this Contract before resorting to arbitration or court action.

Mediation fees, if any, shall be divided equally among parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. If either

Buyer or Seller takes any legal action to enforce any part of this Contract, action shall be initiated in the county of Seller’s residence and any legal fees and court costs shall be the responsibility of the party found to be at fault.

This contract contains the entire agreement between the parties and no statement or verbal agreements made by either party that are not contained in this written contract shall be valid or binding, unless they occur after the date of the contract and are recognized and accepted by all parties. This contract may not be modified or altered except in writing and signed by both parties, or verbally as agreed by both parties.

Violations of this Contract will constitute BREACH of CONTRACT, prosecutable by law, and may result in mandatory confiscation and return of the dog to the Seller. In the event the Buyer fails to perform any provision of this agreement, the Breeder may revoke this agreement of sale and reclaim possession of this dog with the purchaser forfeiting all further rights to the dog.

This contract is under the jurisdiction of the state of Virginia, in the county of Fairfax. It is agreed the place of venue for any civil matters shall be in Fairfax County, Virginia, or in the current county of residence of the Seller at the time of litigation.

Any breech of this contract could be detrimental to the name and reputation of the Seller and/or Breeder and these parties may seek up to 5 times the purchase price of the dog, plus attorney’s fees, court costs, and any other related expenses. All other states and counties are requested to accept this contract as legally binding and enforceable.

Sellers and Buyer(s) agree to abide by the terms of this Agreement.

Printed Name of Buyer: _________________________

Buyer Signature:____________________________

Buyer’s Initials Here______________________

Puppy Contract

Page 4 of 4

Signature of Seller: __________________________

DATE: ______________________

Buyer’s Initials Here______________________

Download