This is what a typical sales contract may look like:
Contracts are periodically revised so this is only a sample. No dogs are sold or placed without a written contract.
Sales
Contract
This
agreement, made this _______ day of _________________________, is
between Gina
Gilmore (Seller), and __________________________________________
(Buyer), residing _____________________________,
______________________________, _________ with phone#
___________________________, and driver license# or social security #
__________________.
Description
of Dog/Puppy Sold: Name of dog: _________________________________________________ The
Buyer agrees to purchase from the Seller a male/female of
_____________________________ Breed, Color _____________________,
Registration No. __________________, D.O.B. _________, Tattoo
______, Sire:_________________________________________,Dam:_____________________________________
Breeder:
_______________________________________________________________________________ The buyer agrees and binds
him/herself to take good and reasonable care of said puppy/dog, feed and
house properly, not to let him/her run loose and/or unattended at any
time, give or secure the best of attentions to the physical welfare of
the puppy/dog at the Buyers expense.
If the buyer is unable to provide for this puppy/dog, it may be
returned to the seller at no charge or refund by seller. The puppy/dog shall be of _____________________________________ quality as determined by the Seller. 1. Show Prospect: Is defined as a puppy/dog that has the potential to be shown and titled in the conformation ring. Said puppy/dog will be free of disqualifying faults at maturity as determined by the breed standard and any known genetic faults at the time of sale. Maturity is the period from six (6) months of age until the dog becomes a Champion of record or (2) two years of age, whichever comes first. 2. Breeding Quality: Is defined as a puppy/dog that has the potential to develop into a dog of sufficient merit so that, while it may not title, it will have no known genetic fault that would preclude breeding to a like or better dog. 3. Pet Quality: Is defined as a puppy/dog that has a disqualifying fault or other shortcoming the precludes showing that and or breeding. Said fault will not prevent the puppy/dog from living an otherwise normal and healthy life. Purchase
Price The purchase price of the puppy/dog will be $ ___________________ less the non-refundable deposit of $ _________. The balance is due on or before delivery of the puppy/dog. Shipping charges, crate, health certificate & travel are additional. General
Terms Health, Special Conditions & Paperwork: The seller certifies that, upon delivery, the puppy/dog is in good health and has been immunized and wormed according to the attached health record. It is recommended that the puppy be taken to the Buyer’s veterinarian within 72 (excluding weekends) hours of receipt. This agreement is made for mutual benefit to protect all parties, and the seller wishes it understood that under no circumstances will the Seller stand responsible after the 72 hour period or if any expenses are incurred in connection with the care of this puppy through veterinary bills during the 72 hour period. If said puppy/dog is male of breed or show prospect quality, the Seller retains the right to stud services for the life of the dog, no money involved for either party, to any bitch owned wholly or in part by the Seller which the Seller wishes bred to the above dog. If said puppy/dog is female of breed or show prospect quality, the Seller retains ___________ puppy(s) from ________ litter(s) to a mutually agreed stud dog of buyer and sellers choice. No money will be charged to the seller for stud service, shipping, or veterinary expenses of female or litter unless otherwise specified on contract. A registration certificate will be provided in a timely manner of payment in full unless other restrictions apply. Puppy/dog classified as pet quality will receive a limited registration and Seller will retain registration until Buyer provides proof of spay/neuter from a licensed veterinarian. If puppy/dog is sold for the cost of expenses only for spay/neuter no registration papers will be provided. Warranties: The Seller guarantees the following: 1. The puppy/dog is reasonable fit for the general purposes for which it has been sold - pet, breeding, or show. 2. The puppy/dog will be free from any known genetic problems that would preclude it from living an otherwise normal and healthy life. 3.
The show prospect puppy/dog shall be free from disqualifying
faults at maturity. 4.
The breed quality puppy/dog to the best of the Seller’s
knowledge shall not be sterile at the time of purchase. 5.
The pet quality puppy/dog is warranted only for the purpose of
being a companion animal. While it may be capable of performing other
functions, no warranty is given as to its fitness for any special
purpose. Should the puppy/dog develop one
or more problems enumerated above, the Buyer shall have the option, with
the agreement of the Seller, to: 1. Exchange the current puppy/dog for another of the same quality originally purchased. The replacement will be selected by the Seller from the next available litter. 2. Neuter the current puppy/dog and receive a refund of the difference between the price of $ ___________ and the price of a pet quality, no less than $ 900, as stated at the time of the original sale. The refund will be given upon proof of spay/neuter or retained by the Seller as a deposit toward the purchase of another puppy/dog of original quality. The Seller must agree to and approve of neutering, for the Buyer to receive any neuter refund. 3.
Return the current puppy/dog, sign off ownership of AKC-papers
and receive a refund after the Seller resells the dog to a show or pet
home of the Seller’s choice. Return and refund will be only after
sufficient evidence has been provided to the Seller to justify return
and reimbursement. The Seller must agree to a refund. Naming
of the dog
The
Seller has the right to determine the AKC registered name of dog/puppy
prior to or after sell or receipt of deposit (unless dog/puppy is
already with the AKC). This name will include any name and kennel name
of the Seller’s choice. No other kennel name or logo will be included
anywhere in the entirety of the name unless the Buyer is co-breeder of
the dog/puppy on the litter registration. Return
Policy It is understood that no money is to be refunded until the following requirements have been met: 1.
Health Problems - a letter from the examining veterinarian is
necessary for the return of any puppy/dog, stating date of exam and
complete diagnosis. The Seller reserves the right to have said dog
examined by a second veterinarian of Seller’s choice. Should
conflicting diagnosis result, a third separate opinion will be expected,
the cost to be shared equally between the Buyer and the Seller. 2.
Disqualifying Show Faults - the Seller has the right to show the
dog at four (4) shows of his/her discretion to make the determination
that the puppy/dog is in fact not a show prospect. In the event the Buyer, at any time in the future, is unable to care for the puppy/dog for any reason, he/she agrees to immediately contact the Seller, who has the first option to accept the return of the puppy/dog at no charge to the Seller or act as agent to place the puppy / dog in another good home. If the Buyer is to be confined to hospital or nursing home for a period to exceed 5 days, and the puppy is to be cared for outside the buyer’s home and immediate family, buyer shall notify seller and the seller has the right to ask for return of puppy or approval of placement of puppy until such time as buyer can care for puppy again. If buyer is incapacitated for more than 3 months, seller has the right to ask for return of puppy if a caretaker can not be mutually agreed upon. Contract
Amendment Any changes or additional terms to this agreement must be in the form of an Addendum and signed by all parties. Severability If any provision of the Agreement is or becomes void or unenforceable by force or operation of law, the other provisions shall remain valid and enforceable. In the event of dispute, the Seller’s home state, at the time of said dispute, will have jurisdiction over the matter. Integration
Clause The entire Agreement between the parties is contained herein. |