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1) PURPOSE
A.
The major
purposes of this contract are:
to protect, preserve, and perpetuate the standards
as spelled out below of the Rottweiler Breed
To protect the well being of the puppy, and to protect the interests of the buyer and the seller
B.
This
contract is executed on this the ________ day of _____________, 20____ by and
between the seller of the interest, XXXXXXX X XXXXX, Redyre Rottweilers,
hereinafter referred to as seller or breeder, and the buyer of the
interest, ______________________________ hereinafter referred to as Buyer or
Owner, concerning the purchase or the purchase of interest in the companion/show/working prospect Rottweiler described below for the sum of
____________________________________, US Money order or Certified Check, under
the following warranties and conditions. NO OTHER WARRANTIES OR CONDITIONS ARE
EITHER EXPRESSED OR IMPLIED. This contract is being freely entered into by both
parties, with no mental reservation whatsoever.
C.
Name of
dog: REDYRE ______________________________________________ Sex M F
Whelp Date ________ Breed: Rottweiler Color: Black and ____________________
Chip#
AVID*_________________________
Litter Reg. #______________________ AKC
Reg#______________________
Sire_______________________________________________ AKC#___________________ CHIC #_____________
OFA hips________________ OFA Elbows
________________Cardiac_________________ CERF______________
Dam ______________________________________________
AKC#___________________ CHIC #_____________
OFA hips________________ OFA Elbows
________________Cardiac_________________ CERF______________ DEFINITIONS
D.
For the purpose
of this contract, companion animal shall mean a dog who has been determined to
have certain qualities that make it not suitable for the conformation show
ring, or breeding. For the purpose of this contract, show prospect shall mean a
dog capable of attaining an AKC CH title with proper handling and conditioning.
For the purpose of this contract, working prospect shall mean a puppy which
shows marked aptitude for future training.
E.
____This
puppy is graded as a show prospect, and will be sold on full AKC
registration.
____This puppy is graded as a
working/companion prospect and will be sold on AKC Limited Registration.
Puppies sold on AKC Limited Registration may not be shown for AKC Championship
points, nor can any progeny from puppies sold on Limited Registration ever be
registered with the AKC. Any puppy sold on Limited Registration is sold on the
condition that it will be altered by the age specified by the breeder, and will
never be allowed to reproduce. Certain animals may be sold on limited and
re-evaluated in regard to being shown for CH points. This re-evaluation shall
occur no later than 12 months of age.
F.
For the
purpose of this contract, OFA certification shall mean a dog certified free of
hip or elbow disease in the manner prescribed by the Orthopedic Foundation for
Animals, Inc. http://www.offa.org
(hereinafter OFA), and given a registration number by the OFA.
G.
Any
section of this contract which shows a blank shall be marked with a check mark
if it applies to the puppy being sold under this contract, or N/A if it does
not.
******seller_________________________ Buyer____________________Witness___________________
2) OBLIGATIONS OF SELLER
A.
Seller
warrants that said dog is a purebred dog and it is registered or is eligible to be registered with
the AKC on
_____Limited
Registration
_____Full
Registration
This dog shall carry the registered name selected by the breeder and shall include the kennel name Redyre. This dog is produced by parents that have
both received OFA normal hip certification, elbow screening, with normal hearts
and eyes. Seller will provide buyer at the time and date of this contract a
true copy of said dog's AKC registration certificate, and a true copy of said
dog's pedigree of at least 3 generations. For puppies sold on Limited
Registration, the actual registration certificate shall be provided once the
contractual obligations for health testing and neutering have been fulfilled.
B.
Seller
warrants that this dog is healthy, and has been properly cared for up to and
including the date of this contract, and will provide buyer with an individual
health record for said dog, warranty VOID if dog is not examined by a licensed veterinarian
within 72 hours of purchase. This puppy is guaranteed against any infectious
disease for 14 days from the date of this contract.
C.
Seller
hereby agrees that this dog may be returned to the seller at any time for any
reason for the duration of the lifetime of the dog. Any dog returned must be
returned WITH Registration papers duly signed over to the breeder. Puppy may be
returned for any reason, along with duly signed registration papers, within the
first 14 days and buyer may receive a full refund, less any shipping expenses.
Return of the original puppy is not required, only proof of sterilization. We
do not offer cash refunds.
a)
_____If
this puppy sold on Limited Registration develops any condition that would
render it unsuitable as a companion animal, or if it should develop any
condition that adversely affects the quality of life of the animal before
the age of 36 months, a replacement will be offered for one half the original
purchase price. Replacement fee may be waived at the option of seller.
b)
_____If
this puppy sold on full AKC Registration should develop any disqualifying fault
under the current AKC/ARC breed standard,� or should
this puppy fail to receive a normal hip or heart rating from the OFA by 28
months of age, a replacement will be offered for one half the original purchase price.
Replacement fee may be waived at the option of seller.
There will be no cash refunds. This provision is of the essence of this agreement, even if no other remedy is available.
******seller_________________________
Buyer____________________Witness___________________
Replacements, if any, required by this
agreement are excluded or limited as follows:
c)
the
replacement dog will be of the next, if any, available litter
d)
In the
case of a serious health or temperament problem, Buyer has the option to pay a
replacement fee of one half the original purchase price for another companion animal,
and must submit proof that the original animal has been rendered sterile.
Replacement fee may be waived at the option of the Seller.
e)
Buyer
agrees that the replacement animal shall be subject to all terms and conditions
contained in this agreement, except that Buyer shall not be entitled to further
replacements for any reason.
f)
It is
understood that the Seller may discontinue breeding, the sire or dam may die or
become sterile, or Seller may be otherwise unable to provide a replacement,
with no liability to Seller. Buyer accepts this risk.
g)
No refund
or replacement will be made if the fault is the result of any neglect,
mistreatment, abuse, or lack of proper diet, socialization, and exercise.
3) OBLIGATIONS OF OWNER
A.
Owner
agrees to notify XXXXXXX X. XXXXX and Redyre Rottweilers of any change of
personal contact information, including current address, phone number, and
email address within 30 days of such change.
B.
Owner
hereby agrees to maintain this dog as a household companion. Owner agrees to
properly care for and confine this dog at all times, providing a premium food
or raw diet, fresh water, socialization*, training, exercise, and to maintain
the dog in good health at all times, with appropriate veterinary care. Buyer
assumes all financial and legal responsibility for this dog from the time and
date of this agreement.
*From the ages of 12 weeks to 12 months of age, this socialization shall include 3 or more
trips each week OFF the owner's property for positive socialization, training,
and interaction with people. After titers, at least one of these trips should
include a "happy visit" to your family veterinarian's office for positive
interaction with staff, weighing, visiting and TREATS. These "happy visits"
will ensure a dog who will enjoy going to the vet's office for the rest of
his/her life.*
******seller_________________________
Buyer____________________Witness___________________
a)
Buyer understands
that the dam of this litter and the litter as well have been maintained on an
exclusively raw diet. Breeder STRONGLY ENCOURAGES puppy buyer to maintain the
puppy on a raw diet, and will offer support and guidance in that area. If a
complete raw diet is not to be followed,
PREMIUM KIBBLE must be used, and regular supplementation with fresh raw
meat, fruits and vegetables is STRONGLY ENCOURAGED.
b) Blood titers for Parvo and Distemper will be
done at 17 to 20 weeks of age. Breeder STRONGLY RECOMMENDS that
following the 15 weeks Parvo/Distemper vaccine, and after blood titers, this
puppy NOT be vaccinated during its lifetime, EXCEPT for Rabies as required by
law.
C.
Owner
hereby agrees that this dog will never be used in violation of any local state
or Federal laws, nor in any manner which would be detrimental to the health,
safety or wellbeing of said dog. This is to include but not be limited to dog
fighting and crimes against public safety.
D.
Owner
agrees that this dog is sold as a HOUSEHOLD COMPANION, and shall live and sleep
inside the owner's home. Owner hereby agrees to keep this dog confined when
outdoors in an escape-proof securely fenced area no less than 5 feet in height,
with all gates LOCKED at all times when not under the supervision of a qualified
adult. "Invisible", underground or radio type fences DO NOT meet the conditions of this
contract and may not be used as a primary method of confinement. This dog
shall not be chained or tied out in any way at any time. This dog shall never
be allowed to run or roam free without proper supervision, and must never fun
free in violation of any leash law at any time.
E.
_____Owner
agrees to have this animal surgically sterilized, and to provide XXXXXXX X
XXXXX and Redyre Rottweilers documented proof of such sterilization from your
veterinarian. Age of neutering of puppy dogs and bitches shall be determined
and agreed upon between seller and buyer. This puppy shall be neutered by the
age of ______________ months. If owner should fail to provide the proof of
spay or neuter by the required time, there will be one warning, with 30 days to
comply. If after the warning and the 30 day grace period this animal has not
been proven to be altered, XXXXXXX X XXXXX and Redyre Rottweilers reserves the
right to repossess this animal, ALONG WITH THE REGISTRATION PAPERS SIGNED OVER
TO THE BREEDER, and have it altered. Owner will be liable for any expenses
incurred for alteration and surgery. Option of returning the dog to owner in
the event of this non compliance will be at the sole discretion of XXXXXXX X
XXXXX and Redyre Rottweilers.
F.
Owner
agrees to keep this dog supervised and confined in a manner in which accidental
breeding is impossible. Male dogs shall be suitably confined away from any
bitches in season. Bitches in season shall be 100% supervised and confined
during their season to prevent any chance of accidental breeding. If ANY
POSSIBILITY of an accidental breeding occurs, XXXXXXX X XXXXX and Redyre
Rottweilers shall be notified immediately.
G.
Owner
agrees to have preliminary hip and elbow films submitted to the OFA at the age
of 12 months, and again at 24 to 28 months of age, along with heart and eye
certifications. Thyroid screening is strongly recommended. If at ALL possible,
this dog will be radiographed using NO anesthesia. Breeder will assist in
helping owner find appropriate veterinarians for the health screening. Lower
cost screening clinics at dog shows may be used whenever possible. Copies of
all results must be sent to Breeder. The box agreeing to release ALL RESULTS TO
THE DATA BASE must be checked for ALL health testing on this dog. This dog will
have a CHIC # on file with the OFA.
******seller_________________________
Buyer____________________Witness___________________
H.
_____ This dog has been sold on full AKC
Registration, however, it may not be bred or used for any breeding purposes
unless and until ALL of the following conditions are met, nor will this dog be
bred to any other dog not meeting the same requirements:
a)
Dog (dog
shall mean any dog, male or female) must be AKC registered, or registered with
an international registry recognized by the AKC.
b)
Dog must
have OFA hips, and elbows must be no more than Grade 1 DJD. Dogs graded DJD1 in
the elbows are encouraged to seek additional screening from OVC in Canada.
c)
Dog must have a current CERF & negative
Brucellosis. Yearly CERF testing is strongly encouraged.
d)
Dog must
have a normal heart according to a Board certified Veterinary Cardiologist.
DOPPLER EXAM is strongly encouraged at the 24 months evaluation.
e)
The dog
must be an AKC CH, major pointed, or have an equivalent title from it's country
of origin, or a working title. The dog may have no disqualifying faults
according to the ARC Standard.
f)
Buyer
agrees to follow the ARC Code of Ethics guidelines for breeding frequency in bitches.
g)
Bitches
will not be bred past their 6th year of life.
h)
All dogs
will be surgically sterilized once their show and breeding careers have ended.
******seller_________________________Buyer____________________Witness_________________
I. _____Owner agrees to make a reasonable effort to promote this dog in the eye of the general public and among dog fanciers. Owner agrees to make every effort to finish said dog�s AKC CH title by showing this dog, or using a Professional handler approved by breeder. Owner may choose to wait until the dog is mature (18 to 24 months) if desired, to keep showing expenses to a minimum. After age 24 months, this dog will be required to be competing at dog shows a minimum of 2 weekends every month until the CH title is finished. Breeder will show said dog free of charge excluding entry fees and reasonable boarding fees when traveling and/or keeping dog overnight. Breeder reserves the right to show this dog as a puppy in Specialty Sweepstakes and other conformation events at Specialty shows.
******seller_________________________Buyer____________________Witness_________________
J. Owner agrees that in the event owner no longer wishes to keep, or is unable to keep this dog for any reason whatsoever that Redyre Rottweilers and XXXXXXX X XXXXX will be notified at once, and offered the FIRST RIGHT OF REFUSAL to purchase the dog at the original purchase price. Buyer has read and understands the FIRST RIGHT OF REFUSAL or OPTION CONTRACT attached hereto. Under no circumstances shall this dog be sold or transferred to any commercial breeder. Dog shall not be sold, transferred, given away, disposed of, or change ownership,homes, or residence without the express written permission and approval of Redyre Rottweilers and XXXXXXX X XXXXX. Should this dog be so transferred in any manner in violation of this agreement, Redyre and XXXXXXX X XXXXX shall be entitled to damages up to 10 times the purchase price or $10,000.00US, whichever is greater. Owner agrees to keep Redyre Rottweilers and XXXXXXX X XXXXX advised of current address, telephone number, and any other contact information for the lifetime of the dog. Redyre shall be notified immediately of any serious illness, injury, or death of said dog.
******seller_________________________Buyer____________________Witness_________________
K.
Owner
hereby agrees that any abuse or neglect of the dog whether it by physical,
mental or otherwise, whether intentional or involuntary, will void all
warranties and claims to this dog, and that all rights and legal claims and
full ownership will immediately revert to the seller with no recourse to owner
whatsoever. Dog will be immediately and peacefully surrendered to the seller
along with properly signed over registration papers.
L.
This dog will
begin attending training class beginning NO later than 16 weeks of age. Early
positive and continuing obedience training will guarantee you a wonderful
manageable companion animal, and will build a strong bond of love and respect
between you and your dog. Obedience training shall continue on a regular basis
until this dog is ready to title in the AKC obedience ring. This dog shall earn
its AKC Canine Good Citizen and Rally Novice titles by or before the age of 36
months. Continued training and titling to the CD level and beyond is strongly
encouraged.
M.
Owner
agrees that any breeding made in violation of the terms and conditions of this
contract wherein a litter is whelped will result in a monetary penalty of
$2000.00, and immediate repossession of the animal. Dog will be immediately and
peacefully surrendered to the breeder or her authorized agent along with
properly signed over registration papers.
N.
Buyer
hereby agrees to honor and comply with all conditions of this agreement, and
agrees that failure to do so will void all claims to this dog , and that all
rights and legal claims and full ownership will immediately revert to the
seller with no recourse to owner whatsoever. Dog will be immediately and
peacefully surrendered to the seller along with properly signed over
registration papers.
4) CONDITIONS OF CONTRACT
A.
New owners
are strongly encouraged to join the American Rottweiler Club for education and
support.
B.
This dog
may not be registered with any other registering body in order to circumvent
the Limited Registration and breeding restrictions imposed by the breeder. This
dog may not be renamed with another registering body. Violation of this
provision shall result in the immediate repossession of said dog, which shall
be peacefully surrendered to the breeder or her authorized agent, on demand,
along with the properly signed over registration papers.
******seller_________________________Buyer____________________Witness_________________
C.
_____
Breeder shall be entitled to the following compensation if and when the dog
meets all requirements for breeding:
a)
MALE
DOGS: In the event this dog
is left intact, Breeder will retain the right to send bitches owned, co owned,
or legally leased to this dog for breeding at no charge, and also will retain
the right to collect and store semen from this dog for future use. Breeder will
be responsible for supervising the breeding, and for any expenses associated
with such breeding(s).
b)
FEMALE
DOGS: In the event this
bitch is bred, Breeder shall have the right to select the male dog for this
bitch's first breeding, and to select the first choice puppy from the bitch�s
very first litter. If the first litter is less than 4 puppies, breeder may
exercise the option to select from a following litter.
c)
Upon the
completion of the CH title and all health testing, and in the case of a bitch,
after the puppy back provision has been satisfied, or in the event that any dog
is rendered sterile after CH title and all health testing, breeder will sign
off and end the co-ownership agreement.
d)
All
puppies produced by any animal governed by this agreement will be sold under
contract only and according to the Code of Ethics provisions of the American
Rottweiler Club. New owners are strongly encouraged to join the ARC for education
and support.
D. No
other conditions of contract unless otherwise specified.
5) LEGAL RESPONSIBILITIES
A.
In the
event of transfer of ownership or transfer of interest of said dog from owner, whether
intentionally or unintentionally, with or without consideration, seller�s
obligations shall end and owner shall provide that all interests of seller,
financial or otherwise, shall pass in full and be legally binding on the
subsequent owners of this dog.
B.
In the
event any legal action is necessary by either owner or breeder to enforce the
terms of this contract, the prevailing party shall be entitled to recover, in
addition to any other sums as may be due, the cost of said legal action,
including but not limited to reasonable attorney�s fees.
C.
Owner
agrees to indemnify and hold seller harmless for any legal actions resulting or
arising from the actions of said dog.
6) EXECUTION; COUNTERPARTS:
READ THE ADDITIONAL PROVISIONS attached herewith. When you sign this contract, you acknowledge you have read and agree to the provisions of this contract, including the Additional Provisions and the Option Contract. This contract is executed in two (2) counterparts, with an executed counterpart retained by each party hereto.
7) LEGAL RESIDENCE
A.
If the
legal residence of the Buyer is not the State of North Carolina, this contract
must be signed and notarized by the buyer(s) in the state of the Buyer's
residence, and a copy returned to Redyre within 14 days of purchase. All legal
questions or disputes regarding this agreement will be governed by the laws of
the State of North Carolina, XXXXX County.
******seller_________________________ Buyer
____________________Witness___________________
I (we)
__________________________________________________________SS#___________________________
The undersigned,
have read this agreement, consisting of ______pages, plus the additional page concerning
the FIRST RIGHT OF REFUSAL OPTION, plus the additional provisions concerning
feeding instructions and general guidelines, and so undersand and agree to all
its terms and conditions. The written terms of this contract constitute the
entire agreement between Buyer(s) and Breeder(s). No other written, verbal, or
parol statements, promises, documents, or writings shall have any weight of
effect upon this agreement.
Signed__________________________________________________________Buyer Date___________________
Signed__________________________________________________________Buyer Date___________________
Signed__________________________________________________________Seller Date___________________
Signed__________________________________________________________Witness Date___________________
Address_________________________________________________________________________________
Home phone
____________________work phone __________________ Cell phone__________________
Email ___________________________
Date of your birth ______________ SSN ___________________________________
Drivers license
_______________________________________
State _______________
*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
Option Contract
Owner _____________________, for good and sufficient consideration, and not more than the original purchase price of $000.00, hereby grants XXXXXXX X XXXXX, Redyre Rottweilers, the first and only option to purchase the Rottweiler commonly known and identified as ________________________________________________________________________________
Should the Rottweiler ever be offered for sale, or should the Owner wish to give or grant possession and ownership of the Rottweiler to any other person, whether actual or legal. This option contract shall run for the lifetime of the dog identified above, and may be made null and void only by the express written refusal to exercise the option by XXXXXXX X XXXXX, or his/her assignee, should the Rottweiler ever be put up for sale, or offered to another person, whether actual or legal.
Address__________________________________________________________________________________________________________________
Telephone_________________________________________
Dated this the ____________ day of
__________________________ , 20______