SALES AGREEMENT & CONTRACT

BUYER[S]:

STREET:

CITY:                                                           Postal Code:

TELEPHONE:                                                 e  mail:

REGISTERED NAME:                                      GENDER:

DATE OF BIRTH:                                           LITTER REG.  #:

Microchip #: 95600000     ______                  COLOUR/ MARKINGS:

                                                                                                                                                            SIRE:                                                  UKC REG. #:

DAM:                                                 UKC REG. #:

DATE OF SALE: _                               

Purchase price ($2500) being due and payable when possession is taken, or before the puppy is shipped.                                                        

THIS AGREEMENT is made between  HunterHill Kennel [HEREINAFTER REFERRED TO AS THE SELLER] and               [HEREINAFTER AND ABOVE REFERRED TO AS THE BUYER] ON THESE POINTS:

TRANSPORTATION COSTS: All shipping/transportation charges to be paid by the Buyer.

DEPOSITS: Deposits are non refundable.  The first 50% of the purchase price ($2500, taxes included) is deemed to be the deposit.

RETURN POLICY: If for any reason whatsoever, the Buyer CANNOT OR CHOOSES NOT to keep the puppy/dog, it shall be returned to the Seller, at no cost to the Seller, for resale, placement or disposal at the discretion of the Seller.  Return of the puppy/dog is to be discussed with the Seller prior to its return.  Any monies from the resale of the puppy, less expenses to the Seller & the initial deposit ($1250), shall go to the Buyer.  The Buyer will deliver to the Seller all executed registration documents, transferring ownership back to the Seller.  Cost of transferring the UKC Certificate of Registration back to the Seller shall be the Buyer’s responsibility.

Under no circumstances is the puppy/dog to be voluntarily turned over to, be placed in, or be allowed to be seized by Shelter, SPCA, or Rescue Service.   If this condition is not met, the Buyer agrees to pay the Seller the sum of $5000.00 plus any and all court and recovery costs to the Seller for Breach of Contract.

If the dog covered by this contract is seized by any of the aforementioned agencies because of neglect or abuse by the registered owner, ownership and custody of the dog automatically reverts to the Seller with no compensation to the Buyer and the dog may be recovered by the Seller from said agency.

OWNERSHIP:       Possession of said dog does not translate into ownership until all of the conditions of this contract are met.

DEFINITIONS:

Dog, as used herein, is a generic term and may refer to either a male or female animal of any age.

LEGAL ACTION: Any legal action arising out of this contract in regard to the said Dog, shall take place within the Sellers jurisdiction.

THE BUYER[S] AGREES AS FOLLOWS:

1]       The Buyer will provide a safe place out of doors where the dog may exercise without threat of harm from other dogs, other people, or other dangers such as traffic.  The area is to be such that it provides the dog with shade and protection in the summer and shelter and protection in the winter months

2]       The Buyer will at all times throughout the dog’s life provide the dog with the proper exercise, diet, housing and shade, and properly maintain the dog for its size and weight.

3]       The Buyer shall provide and is responsible for the cost of:

• an initial veterinary checkup within the first 7 days of receiving the dog to confirm that it was received in good health,
• all vaccinations required subsequent to the initial vaccination shots, or the vaccinations received on the breeder’s property which are appropriate for the dogs age;
• annual booster vaccinations; and
• any other veterinary care that may be required by said dog.

4]       That if the Buyer cannot keep said dog, the Seller must be contacted. UNDER NO CIRCUMSTANCES SHALL SAID DOG BE SOLD OR GIVEN TO AN ANIMAL SHELTER, WHOLESALER OR PET SHOP.  Nor shall the Buyer allow the dog to be seized by the SPCA. In any of these circumstances the terms of the Return Policy will then be implemented. 

5]       THAT THE SELLER HAS ADVISED THE BUYER THAT NEWFOUNDLAND PUPPIES GROW AT LEAST TO TWO [2] YEARS OF AGE.  Extreme care must be taken to ensure that a pup under two [2] years of age is not allowed to jump from any heights without assistance (eg. grooming table, vehicle).  This also refers to work such as carting as this could cause permanent and irreversible damage to growing joints and will void all structure guarantees.  CHILDREN SHOULD NOT RIDE ON A NEWFOUNDLAND AT ANY TIME.

6]       Further, the Buyer agrees that the animal covered by this contract shall not be bred before 1.5 years of age.

7]       The BUYER also agrees that, if he chooses to breed the dog he will, before the breeding takes place, become a member of the United Kennel Club and that, as a UKC member, he will register all puppies resulting from any breedings.

8]       The Buyer will, from time to time, advise the Seller of the dog’s progress and will not hesitate to contact the Seller with any problems, questions or concerns that may arise.

9]       The Buyer shall notify the Seller of any relocation/moves they might make while owning the Dog & shall provide the Seller with a current address.

SELLER’S GUARANTEE:

1]       The Seller guarantees that the said dog is purebred and is registered with the United Kennel Club (U.K.C.).  It should be noted that registration papers can sometimes be delayed by processing with the U.K.C., but they will be forwarded to the Buyer according to availability.  THERE IS NO EXTRA CHARGE TO THE BUYER FOR THE REGISTRATION PAPERS.

2]       Said dog has had all the appropriate inoculations, worming and veterinary checkups for a dog of its age, as per the health record supplied with the other materials given to the  buyer at the time of purchase.

3] a]   The Seller guarantees the said dog to be in good health and free from all communicable disease for seven(7) days after leaving the Seller’s premises.  If said dog is found to have a communicable disease within [7] days, said dog must be returned to Seller along with all registration documents releasing ownership; and Seller agrees to replace said dog with another of equal value when one is available or to refund the purchase price less deposit.

3] b]   The Seller guarantees that said dog is the offspring of breeding stock that are free of clearly defined and understood hereditary and congenital defects.

3] c] Should said dog develop clinical signs of crippling hip dysplasia or any other hereditary defect prior to its becoming 30 months old; and should the said dog be unable to function as a family pet, Seller agrees to replace said dog with another of equal value when one is available or to refund the purchase price of said dog, less deposit; subject to the following conditions:

3] d]   If the dog dies as a result of what is assumed to be an hereditary defect, which has been diagnosed within thirty months of the dog’s birth and the Seller has received veterinary documentation of such ailment, proof of the hereditary defect in the form of a veterinary autopsy report must be sent to the Seller, if any replacement is to be made. Fees for the autopsy report are the Buyers responsibility.  If death is due to causes other than a hereditary defect the Seller assumes no financial responsibility to the Buyer.

It shall be at the Seller’s discretion whether this dog shall be replaced or a monetary compensation (purchase price less deposit) be made.  The replacement or refund shall be made within twenty-four months of the date of return or euthanasia of the dog.

• That said dog has received proper exercise and diet and has been properly maintained for a dog of its size and weight; and
• That the veterinary documentation of the condition has been provided to the Seller by the Buyer; and
• That the Seller be given the opportunity to have an independent veterinarian of the Seller’s choice evaluate the said dog/medical evidence before any decision to euthanize the said dog is made.  ; and
• That the said dog has not been used for breeding, either intentionally or unintentionally without the Seller’s consent and approval.

4]       The Seller is not responsible for any expenses/liability incurred while the dog is in the possession of the Buyer, unless previously agreed to in writing.

THIS CONTRACT AND ITS TERMS ARE MADE FOR THE BENEFIT OF EACH INDIVIDUAL DOG UNDER IT, AND FOREMOST, TO PREVENT THE EXPLOITATION OF THE NEWFOUNDLAND BREED THROUGH UNSELECTIVE BREEDING PROGRAMS AND PRACTICES.

THE AFFIXED SIGNATURES BELOW INDICATE THAT BOTH THE BUYER AND THE SELLER HAVE READ, UNDERSTAND, AGREE TO AND APPROVE OF THE CONDITIONS AND CLAUSES STATED HEREIN.

BUYER’SSIGNATURE:  

 

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DATE: _______________________________________

SELLER’S SIGNATURE:

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DATE: _________________________________________

SIGNATURE OF WITNESS:

DATE:  ___________________________________________________________________