DANE ACRES PURCHASE
THIS IS A LEGALLY BINDING CONTRACT
seek legal advice if
you do not understand any portion herein before sIgning
This conditional sales contract is made this
day of 2014 between
Kitty Perkins on behalf of Dane Acres, 2092 Manor Rd.
Uniontown, Ohio (herein after referred to as (SELLER/BREEDER) and
(hereinafter referred to as BUYER) who
The SELLER/BREEDER agrees to sell, and hereby
does sell, and this day delivered to the BUYER, a puppy of
Great Dane breed, of sex, whelped on
and out of
further identified by
TERMS OF SALE:
The above referenced puppy/dog is being sold to the BUYER under the following
terms and conditions. The purchase price stated below is non-refundable, and
all deposits are non-refundable. All show potential puppies are sold with
co-ownership until the first litter, (bitch) at which time SELLER/BREEDER
receives second pick puppy back, (dogs) reserves breeding rights to SELLER/BREEDER’S
bitches. Any exceptions to this must be noted under articles by
The consideration of this sale is the sum of
$ as the purchase price. In further
consideration of this sale are any and all addendums executed at the time of
this contract and incorporated herein.
The health of the above referenced puppy/dog is warranted for 72 hours against
any communicable disease. BUYER must take the puppy/dog to a qualified
veterinarian within 72 hours of purchase and have the dog
examined. If the
puppy/dog is not examined within 72 hours according to the above terms,
SELLER/BREEDER cannot be held responsible. Further, SELLER/BREEDER warranties
against any genetic disease such as hip dysplasia, cardiac disease, thyroid
problems, etc… for up to a period of thirty (36) months of age.
LIMITED REGISTRATION (Companion Puppy):
This puppy/dog is being sold with an AKC limited registration. This means
that the puppy/dog must be spay/neutered by eighteen (18) months of age [dog]
1 year [bitch], and
progeny from this puppy/dog cannot be registered with AKC. Although this
puppy/dog cannot be shown in AKC conformation events, it can be shown in AKC
non-conformation events such as agility, obedience, etc…
WARRANTY (Applying to Show/Breeding
All show potential puppies are warranted to pass pre-breeding health test, OFA,
or PENN HIP, ELBOWS, THYROID, and CARDIAC testing. This warranty in no way
implies that this puppy/dog will finish its AKC championship. That is the
sole responsibility of the BUYER. The parties hereto acknowledge that the
breeder has the right to protect their bloodline and dogs from unscrupulous
breeding practices and therefore, BUYER agrees to follow the breeding
requirements set forth in this document under addendum B
Any puppy not meeting the criteria set forth under the terms in this agreement
will be replaced by SELLER/BREEDER with a puppy/dog of same quality and under
the same terms of this agreement from the next available litter. In order to
BUYER must provide proof that said puppy/dog has been spayed/neutered if
EXCLUSIONS FROM WARRANTY:
This warranty will be null and void in the following instances:
(1) Any nutritional related diseases (HOD,
(2) Bloat (gastric torsion)
(3) Any companion puppy that has not been
spay/neutered prior to 12 months of age.
(4) Any show potential puppy that has been
bred before 24 months of age.
(5) BUYER breeds dog before completing a
(6) BUYER boards the puppy/dog in a public
boarding facility prior to the puppy/dog reaching six months of age.
(7) Death of puppy/dog by virtue of any
surgery or accident.
(8) Any disease, disorder, or fault which is
caused by the BUYERS negligence.
RETURN OF PUPPY/DOG TO SELLER/BREEDER:
Under no circumstance is said puppy/dog to be sold, given, placed, or
otherwise transferred to anyone not a party to this contract, without the
prior written consent of the SELLER/BREEDER. If due to circumstances beyond
the control of the BUYER, said puppy/dog cannot be maintained by the BUYER,
then BUYER shall immediately return said puppy/dog to SELLER/BREEDER. In
addition the BUYER shall return any and all health records, as well as all
properly executed AKC Registration papers to the SELLER/BREEDER. Under no
circumstances is said puppy/dog to be taken to a pound, shelter, rescue group,
or euthanized, without the prior written consent of the SELLER/BREEDER. In
the event that such transfer occurs without the consent of the SELLER/BREEDER
the BUYER shall be held responsible for any and all expenses related to
recovery of said puppy/dog. This would include but is not limited to court
costs, attorney’s fees, boarding fees, veterinary bills, and other costs
incurred by the SELLER/BREEDER as a result of said breach.
DEATH/LOSS/DESTRUCTION OF PUPPY/DOG:
The death, loss, or destruction of said puppy/dog from any cause whatsoever
before final payment has been made on purchase price, shall not release the
BUYER from further payments. The BUYER agrees and binds himself to take good
and reasonable care of the puppy/dog, to feed, and house the puppy/dog
properly, to control the puppy/dog on lead when off premises, and to control
puppy/dog on premises as to avoid loss by theft, running away, and promptly
give or secure the best of attention to the physical welfare of puppy/dog.
The title of ownership and right of registration in any puppy sold under this
agreement remain in the SELLER/BREEDER or his/her assigns until full payment
has been made by the BUYER.
CHOICE OF LAW:
This agreement shall be governed
by and construed pursuant to the laws of the State of Ohio. In the event
that proceedings are instituted in any state within the United States and the
court assuming jurisdiction may look to the law of more than one state to
determine any aspect of the enforcement of this Agreement, the court shall
choose the law of the forum that will most fully effectuate the terms thereof.
AMENDMENT, MODIFICATION, OR RESCISSION:
The Agreement may be modified,
amended, or rescinded at any time, by a subsequent written agreement between
the parties, acknowledged and witnessed in the same fashion as the within
In any legal action to enforce hereof or relating to this transaction, the
SELLER/BREEDER shall be entitled to recover from the BUYER all expenses
incurred in connection with such action, including reasonable attorneys fees
and court costs.
In case anyone or more of the provisions contained in this contract shall for
any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or enforceability shall not affect any other
provisions thereof and this contract shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained therein
This agreement shall constitute a chattel
mortgage upon said puppy/dog and all other property of the BUYER until all
payments have been made.
Witness our hands this day and year first
SELLER/BREEDER date WITNESS
BUYER date WITNESS
BUYER acknowledges herein responsibility for:
- Maintaining the said
puppy/dog as a member of their family in a healthy and clean environment for
the dog’s lifetime.
- Making sure that when
your dog is outside or away from your family home, that he/she is always
confined to a secure area, or under your complete control, insuring that the
dog cannot harm himself or pose a threat or nuisance to others. BUYER shall
hold SELLER/BREEDER harmless from any and all liabilities or causes of action
that may result from any acts of said dog.
- Providing any and all
appropriate medical and/or professional care that is necessary for maintaining
the health and welfare, both physical and emotional needs of said dog.
- Keeping breeder
informed of the whereabouts of said dog in the event that the BUYER moves.
- Contacting the
SELLER/BREEDER immediately in the event of any illness or death of said dog.
- IN THE EVENT
SELLER/BREEDER BECOMES AWARE OF THE FACT THAT SAID DOG IS BEING KEPT IN AN
UNSAFE, UNHEALTHY, OR ABUSIVE ENVIRONMENT, THE PARTIES HERETO ACKNOWLEDGE THAT
SELLER/BREEDER HAS THE RIGHT TO REPOSSESS THE SAID DOG. BUYER WILL SURRENDER
SAID DOG ALONG WITH AKC REGISTRATION PAPERS, EXECUTED IN FAVOR OF THE
SELLER/BREEDER ALONG WITH ALL HEALTH RECORDS. BUYER ALSO ACKNOWLEDGES
THAT THEY WILL NOT BE REIMBURSED FOR ANY PORTION OF THE PURCHASE PRICE OF SAID
DOG, AND THEY WILL BE RESPONSIBLE FOR ANY AND ALL EXPENSES INCURRED BY
THE BREEDER IN THE RECOVERY OF SAID DOG.
- BUYER agrees to stay
in contact with the breeder, send pictures and in general keep Breeder
informed of how puppy is doing for the life of said puppy.
By placing my signature below the parties
stipulate that they have read and fully understand the terms of this addendum
and further agree to abide by the terms hereof.
SELLER/BREEDER date BUYER
BREEDING REQUIREMENTS FOR SHOW/BREEDING
This puppy/dog is being
sold as a show/breeding prospect with the stipulation that the buyer makes an
honest and sincere effort to show him/her to his/her Championship potential
The BUYER is solely
responsible for all showing expenses.
Both parties agree that no
bitch will be bred before the age of two (2) years.
No bitch will be allowed
to whelp more than three (3) litters during her lifetime and will not be bred
for the first time, after the age of six (6).
All breeding fees and
veterinarian care for bitches is the sole responsibility of the BUYER.
All breeding dogs (male or
female) must be health tested by a qualified veterinarian, and be found to
have no genetic disorders prior to breeding. Genetic disorders include but
are not limited to the following: Hips/Elbows, Cardiac, Thyroid, and CERF.
The BUYER is responsible for pre-breeding health tests and certification.
SELLER/BREEDER keeps the
Right of Regards with respect to the first breeding of said
bitch, and Stud Dog must be mutually agreed upon by both breeder and buyer.
Therefore, no breeding will be allowed without prior written consent of the
Breeder. Breeder receives 2nd. pick puppy and signs off co-ownership.
Any progeny resulting from
a breeding of this dog/bitch will be sold under Limited AKC Registration, and
intended as a companion puppy only, unless sold to a qualified show home that
has been pre-approved by the SELLER/BREEDER.
Any progeny resulting from
a breeding of this dog/bitch will not be sold to any broker, pet store, or
puppy mill. (Puppy mill is defined for the purposes of this agreement as any
breeder who maintains more than two different breeds of dogs for the purpose
of breeding' and has more than 2 litters per year.)
All stud fees brought in
by co-owned dogs will be agreed upon and equally divided between BUYER and
the right at anytime during the co-ownership period to collect semen samples
of a male for the purpose of freezing semen for use by SELLER/BREEDER at a
later date. Any costs associated with the collection, shipping, and storage
shall be the responsibility of the SELLER/BREEDER, and SELLER/BREEDER retains
sole ownership of all semen collected.
Upon proof, in the form of
medical documentation from a qualified veterinarian that the dog/bitch has
health issues and needs to be
spayed/neutered for the well being of the animal, SELLER/BREEDER will sign over any co-ownership
rights under the AKC registration to the BUYER.
procedures or surgeries will be preformed on dog/bitch without first
consulting with SELLER/BREEDER and providing SELLER/BREEDER with veterinarian
documentation and copies of all medical records [including x-rays]
By placing my signature below the parties stipulate that
they have read and fully understand the terms of this addendum and further agree
to abide by the terms hereof.
SELLER/BREEDER date BUYER