***THE BELOW CONTRACT IS A SAMPLE ONLY AND WORDING MAY BE CHANGED AT THE TIME OF ACTUAL PURCHASE ***
SOULMATE NEWFOUNDLANDS
*****SOLD ON LIMITED REGISTRATION ...if this registration is to be "lifted" please see addition to the contract at the end*******
This agreement has been entered into between the purchaser(s) listed above, herinafter referred to as "the purchaser", and Amanda Lindsey, Soulmate Newfoundlands, hereinafter referred to as the breeder, concerning the purchase of the Newfoundland dog described above for the sum of _____________
1. The dog was in good health when it left the breeder. The purchaser agrees to have this confirmed by the veterinarian within seven days of receiving the dog. The dog may be returned for any reason within seven days of purchase. For a full refund minus deposit and any expenses for shipping etc.
2. The purchaser agrees that the dog shall be provided with the following:
adequate care, exercise, food, and shelter.
Vaccinations must be kept up to date, as well as yearly checkups and heartworm preventative.
Regular grooming care is essential.(coat must not be shaved unless skin infections etc make this necessary)
Daily exercise as appropriate for a Newfoundland (no up and down stairs on a continual basis, (such as three or four times daily, for example...) no road work, no jogging, no frisbee playing or jumping higher than the height at the shoulder.)
The dog shall never be tied out or allowed to roam free, the dog must be in a fenced enclosure when not under adult supervision.
E. The dog must be maintained on an adequate diet of high quality food, no free feeding, and weight must be kept on the lean side, with fresh clean water available.
F. The dog must be trained on a regular basis, puppy kindergarten is highly recommended, or obedience or conformation classes when possible.
G. The dog shall be transported safely at all times within a vehicle, not for example in the back of a pickuup unless adequately protected from the elements and in a crate which is secured.
3. The breeder is not responsible for any expenses incurred while the dog is in the purchaser's possession UNLESS previously agreed to in writing.
4. The breeder reserves the right to inspect the conditions under which the dog is living. To facilitate this the purchaser will notify the breeder of any change of address or telephone.
5. If, within 24 months of age, the dog is found by a qualified veterinarian, to have crippling congenital or hereditary defects such that it can not fulfill its original intended purpose, the breeder agrees to replace the dog or , at the breeders' option, refund a portion of the purchase price. The breeder reserves the right to have the dog examined by a veterinarian of their choice before a final decision as to the degree of crippling is agreed upon. The breeder MUST have access to x rays and vet reports from the vet which has made such determination besides also having her own vet opinion. The inability of the dog to obtain a health certification such as OFA or OVC does not by itself constitute a "crippling congenital or hereditary defect". Also, successful Treatment, such as glycoflex or chondroitin types of medications, (excluding surgery) which will alleviate the condition will thus eliminate the necessity for replacement or monetary compensation. Further, if the veterinarian consulted by the purchaser has a differing opinion than the seller's vet, the seller shall consult with her own vet for any decision concerning surgical treatment.
6. In the event that a qualified veterinarian recommends euthanasia for any condition other than severe injuries, breeder must be notified. If the euthanasia is performed without consulting the breeder, or against the wishes of the breeder, the purchaser will not receive a refund or replacement dog if it was for a condition covered in this contract.
7. The purchaser can not sell, mortgage, give away, place or assign the dog without prior written consent of the breeder. If the dog is no longer wanted, and/or the purchaser is unable to keep the dog, it must be returned to the breeder. The only exception to this agreement would be the inclusion of the dog in a will to a family member, in this event the breeder must be notified.
8. In all conditions listed in this contract which make provision for a refund or replacement of the dog, the refund or replacement will be made only If there is no damage to the dog brought on by accident, abuse, and/or neglect.
****Failure of the purchaser to comply with any portion of this contract constitutes just cause and authorizes the breeder to reclaim the dog along with all registration documents signed by the purchaser to effect the transfer of ownership or a fine of $3000 may be requested as just compensation for breach of contract. If the dog requires veterinary care as a result of neglect or abuse by the purchaser or their agent, these costs are the responsibility of the purchaser. If legal action is required to enforce the contract, the breeder is entitled to their expenses plus any legal fees, court costs, etc. In addition to the return of the dog, any of the above expenses or costs are due to the breeder within thirty days of written notification to the purchaser of the amount owed. Any legal action will be conducted at the location of the breeder's choice.*******
****This puppy is sold on a limited registration and must be spayed or neutered within the first year. In the event that the purchaser wishes to become involved in Showing in Conformation, then the stipulations made in the contract for a SHOW DOG will then go into effect and a new contract must be signed before Limited Registration papers can be changed. *****
In this event the dog must be evaluated by a Newfoundland breeder or Newfoundland Handler and consultation must be made with the breeder.
Date_____________________
Signature of breeder_____________________________
Signature of Buyer________________________________
***Sale of Show puppy contract:***
Since it is not always certain at the time of sale of a puppy that the puppy will "turn out" to be of show/breeding quality, then further consideration of monetary value shall not be made until such determination of show/breeding quality has been made as per the following:
*****NO BREEDING OF THIS DOG UNTIL EVALUATION IS MADE FROM A MEMBER OF THE NEWFOUNDLAND CLUB IN GOOD STANDING, AND UNTIL THE BUYER HAS JOINED EITHER A LOCAL KENNEL CLUB AND/OR REGIONAL OR NATIONAL N.C.A. CLUB AND ALL PROVISIONS OF THE CONTRACT HAVE BEEN MET REGARDING EVALUATION AND HEALTH DETERMINATIONS*****
***In the case of a bitch puppy sold at the price of ________, original contract, when said puppy is determined to be of breeding quality and has been shown, (or age three years) then a co-ownership may be put in place and considerations concerning whelping/division of litters may be part of the agreement. In any case if this bitch is bred, a puppy shall be returned from one of the breedings of the bitch at some point in the future. ****
***In the case of a male puppy sold at the original cost of __________ , if/when the male is considered to be of breeding/show quality and will be used as such, (or age three years) further monetary consideration of _____________shall be due. If this puppy is a male, breeder reserves the right to use the dog for breeding to her own bitches without the payment of a stud fee for the lifetime of the dog. ***
***If the buyers shall determine in the future that they do not wish to maintain the animal in an UN-altered state, they may notdo so without permission/consultation with the breeder, and there will be NO refund of___________fee without this consideration****
Although this puppy is sold as a show/breeding prospect, the breeder can not guarantee that the puppy will be showable or breedable as an adult. If however this puppy does turn out to be of show quality, then The buyer should make every effort to show this dog and if this is not possible the breeder has the right to arrange that this be done at the buyer's expense. For the same understanding, should this puppy turn out to be of undesirable quality then it may be the sellers decision that the puppy should NOT be shown and the buyer is obligated under the terms of this contract to neuter or spay if this is so desired by the breeder.
The pup may not be bred until it has been screened for hip and elbow dysplasia, heart disease and other genetic problems known to be prevalent in Newfoundlands and has been evaluated either by the breeder or a member of a Newfoundland club or local kennel club knowledgeable about breeding.
In the event that the dog is diagnosd with questionable results in regard to clinical hip or elbow dysplasia then any breeding must be done only with the utmost consideration for the quality of the pedigree and the decision must be discussed with the breeder. Selection of mates, whether this puppy is a male or female, will not be completed without consultation of the breeder when possible.
***Any puppies resulting from the breeding of this dog for the lifetime of the dog may NOT be sold to pet stores or puppy brokers.*****
Date___________________________
Signature of breeder_________________________________
Signature of buyer___________________________________
***THE ABOVE CONTRACT IS A SAMPLE ONLY AND WORDING MAY BE CHANGED AT THE TIME OF ACTUAL PURCHASE ***