Prairiwind Havanese  

Sample Contract    

Linda Wanamaker

Phone 605/760-4965 Fax 605/760-4965 Email: prairiwind@yahoo.com

Buyer Representation

The Buyer agrees that he/she is not acting as or in part of any agent in the purchase of this puppy and that the Buyer will not sell the puppy or any of its progeny , whether accidentally or deliberately produced to any agent, animal broker or pet store. Nor any group or person for use as a prize, bonus or incentive. Buyer warrants that the puppy will remain in his/her sole custody. This document concerns a live animal and is executed with prejudice in favor of that animal’s well being by those signing.

This agreement is made between Linda Wanamaker (Breeder) and __________ (Buyer) for one puppy _____________ (x) Pet Dog by Sire Champion Alderons Shelley’s Rocky AKC #TN93097/02, Cerf # HV-1018/2003-47 and Dam Shelley’s Prairie China Doll AKC #TR051748/01 Cerf# HV-2258/2003-11 Litter #Pending born on ____________.

Terms and Conditions

The Buyer is subject to all terms and conditions set forth below and as follows:

The Buyer agrees to assume full responsibility for the dog once it leaves the premises. The Buyer further agrees to provide a warm and safe environment, provide food and water, and seek a veterinarian if needed for the dog to live a happy normal life. The Buyer agrees to take the puppy to the vet of their choice within 48 hours of acquiring it from the breeder. If satisfied by the Veterinary report, to retain possession and thereafter hold the breeder blameless and not liable for any further medical condition of the animal. If NOT satisfied, the animal is to be returned to the breeder within (2) three days from the exam. The Buyer also agrees that in the event of death in that 48 hours, the puppy is to be taken to a vet for an autopsy. If the death is proven to be due to a genetic illness or an illness contracted while in the Seller’s care, the puppy will be replaced and autopsy expense refunded. If the dog dies of a genetic illness within 5 years of it’s birth date, the dog will be replaced as soon as a replacement puppy is available to the breeder. All above claims will only be honored with written documentation from a licensed veterinarian.  The Breeder has taken every reasonable precaution to ensure the physical soundness and temperament of the animal, including its Sire and Dam themselves are free of hereditary defects as far as known.

As the Breeder/Seller, I have done everything possible to assure the eyes of the above dog are safe from defects by having the sire and dam eyes cleared by an annual Cerf yearly.  I cannot be held responsible if something does develop in the above dog’s eyes except TOTAL blindness.  If the dog does become completely blind due to a genetic illness or genetic defect, within 3 years of its birth date, the dog will be replaced with a puppy of equal value, as soon as a puppy is available to breeder (within 1 year’s time of written notification).  Above claims will only be honored with written documentation from a licensed veterinarian Ophthalmologist.  Breeder reserves the right to get a second opinion from a licensed veterinarian of her choice.

Important Note:

I do NOT guarantee any health related issues or loss of life due to reactions caused by vaccinations or flea and tick preparations administered either orally or on the skin surface. I do NOT give leptospriosis to my puppies. I give shots spaced 2 to 4 weeks apart. Havanese can be sensitive especially to Lepto and Lyme disease vaccines.

 

Prairiwind Havanese Purchase Agreement

Page 2

Conformation & Limited Registration

All reasonable efforts were taken to produce a litter that conforms to the current AKC Havanese Breed Standard. This puppy is being sold as pet/companion quality and it shall be understood that at the time of sale, this animal is NOT considered to be of show or breeding quality, but is representative of the breed and is structurally and temperamentally suited as a pet. He/She may have a disqualifying fault or other shortcoming that precludes showing and breeding, but said fault will not prevent him/her from living an otherwise normal and healthy life. This puppy is sold as a companion pet to be used for tasks appropriate to the breed, including companionship, therapy, obedience, and agility competition. There are no guarantees given or implied as to this dog's eventual size, color, or conformation attributes when he/she reaches maturity.

This dog is being sold on a "limited registration," which means that he/she should NOT be bred, and no litters produced by the breeding of this animal will be accepted by the American Kennel Club for registration. If the Breeder has not done so before the time of sale, this dog must be spayed/neutered between the ages of four (4) to ten (10) months at the Buyer's expense.  The Breeders/Sellers will hold the AKC registration papers until all terms of this contract, including the spay/neuter requirement, have been fully met. After the dog is spayed/neutered and the Buyer has furnished the Breeder/Seller with a Veterinary Certificate of Sterilization, the Breeders/Sellers will mail the AKC registration papers to Buyer and the Buyer will then be the sole owner of the dog.  If the Buyer fails to abide by the above terms of limited registration, or if the dog is bred--either accidentally or intentionally--the Buyer will, at the Seller's discretion, pay the Breeders/Sellers a fine of $5,000 (to be donated to Havanese Rescue, minus any expenses incurred by the Breeder) and the AKC registration papers may be destroyed.

 

Care and Training

The Buyer hereby agrees that, if at any time the Buyer cannot take proper care of the dog as described above, the Buyer must contact the Breeder. The Breeder will have first choice to either (a) take the dog back and/or (b) assist the Buyer in finding a suitable home for the dog. Neither of these two options guarantees that the Buyer will recover all or any part of the purchase price, though any money that is recovered will be returned to the Buyer (minus placement expenses). This dog is never to be turned over to Havanese Rescue or any other type of rescue, pound or humane society and Buyer agrees that by doing so, the Sellers will impose a fine of $1,500 on Buyer to be donated to Havanese Rescue.  Breeder/Seller requires that an annual eye (CERF) exam is completed yearly and the results reported to the Breeder.  The Buyer will keep Seller informed of any significant health, temperament, or behavioral problems encountered throughout this animal's life.

The Buyer agrees the puppy will not be left solely alone in a backyard or kennel for extended periods of time (other than a normal work day). Buyer agrees puppy will reside in the home of the Buyer and will not be chained or “tied out”. This puppy is being sold with the understanding it is going to a select home, will be socialized properly and will become a member of the family.

Purchase Information

PLEASE MAKE CHECKS PAYABLE TO: LINDA WANAMAKER In consideration for the fee of __________, dollars, deposit of _________ in advance, and the remainder of ________ to be paid by CASHIERS CHECK, MONEY ORDER OR PAYPAL before puppy leaves Breeder/Seller. (DOES NOT INCLUDE SHIPPING CHARGES).  In the event a deposit was made and there is not a puppy available due to an unforeseen circumstance, then the deposit will be refunded.   Deposits are non-refundable.  If Breeder/Seller has not received balance due before the puppy is 6 weeks old, deposit will be forfeited and puppy will be sold to someone else, unless a prior agreement was reached between Buyer and Seller.  If a deposit was received for a puppy and if for any reason the Breeder/Seller deems it is in the best interest of the puppy not to be placed with the Buyer, the deposit will be refunded.  Puppy does not become property of Buyer until puppy leaves Seller’s premises. 

Jurisdiction

This contract is to be construed in accordance with the laws of the State of South Dakota.  If for any reason legal action is to be taken on either side, all legal proceedings and litigation must take place in the State of South Dakota, County of Yankton.  If any provision of this document is invalid or unenforceable under applicable law, this document shall be ineffective to the extent of such invalidity only and shall remain in full force and effect otherwise, without affecting the remaining provisions. 

Prairiwind Havanese Purchase Agreement

Page 3

Buyer Information

Name__________________________________

Address_________________________________

Phone # _______________________

Email___________________________________

I have read the above Contract and fully understand the terms of this Contract and the 48 hour guarantee.  By signing this document and returning it with the deposit, you agree that you have read and fully understand all the terms and conditions set in above contract. NO VARIATIONS ARE ACCEPTED UNLESS IN WRITING AND AGREED UPON AND SIGNED BY BOTH BUYER AND SELLER.  Please send the deposit and signed contract as soon as possible as I do not consider the puppy sold until I have the deposit in hand.

Signature of Buyer: _______________________________

Date:_________________________________

Please do not send a personal check for the final payment as I cannot ship the puppy until the check clears the bank, which could take up to 10 days to clear.

This Is A Binding Contract

Signature of Breeder: ________________________________________

Date: __________________________________

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