DANE ACRES PURCHASE AGREEMENT

 

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 resides at                                                                                                               .

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                          

Sired by                                                                                                                                              ,

and out of ___________________________________________                                                    , and

further identified by                             .

  1. 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 SELLER/BREEDER.

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.

  1. WARRANTY: 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. 
  1. 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…
  1. WARRANTY (Applying to Show/Breeding Potential Puppies): 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 .
  1. REPLACEMENT PUPPY/DOG: 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 applicable. 
  1. EXCLUSIONS FROM WARRANTY: This warranty will be null and void in the following instances:

(1)  Any nutritional related diseases (HOD, OCD, etc…

(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 health screening.

(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.

  1. 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.
  1. 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.
  1. 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.
  1. 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 Agreement.
  1. ATTORNEY’S FEES: 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.
  1. SEVERABILITY: 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 above written:

 

                                                                                                                                         

SELLER/BREEDER                        date                   WITNESS

  

                                                                                                                                                     

BUYER                                               date                  WITNESS

 

 

 

 

 

 

ADDENDUM A

 

BUYERS RESPONSIBILITIES

 

BUYER acknowledges herein responsibility for:

 

  1. Maintaining the said puppy/dog as a member of their family in a healthy and clean environment for the dog’s lifetime.
  1. 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.
  1. 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.
  1. Keeping breeder informed of the whereabouts of said dog in the event that the BUYER moves.
  1. Contacting the SELLER/BREEDER immediately in the event of any illness or death of said dog.
  1. 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.
  2. 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                                             date

 

 

 

 

 

ADDENDUM B

 

BREEDING REQUIREMENTS FOR SHOW/BREEDING POTENTIAL DOGS/BITCHES

 

  1. 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 before breeding.
  1. The BUYER is solely responsible for all showing expenses.
  1. Both parties agree that no bitch will be bred before the age of two (2) years.
  1. 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).
  1. All breeding fees and veterinarian care for bitches is the sole responsibility of the BUYER.
  1. 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.
  1. 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.
  1. 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.
  1. 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.)
  1. All stud fees brought in by co-owned dogs will be agreed upon and equally divided between BUYER and SELLER/BREEDER.
  1. SELLER/BREEDER reserves 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.
  1. 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.
  2. No disqualification 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                                                     date