***** SAMPLE CONTRACT *****
CYPRESS BAY NEWFOUNDLANDS
Debra L. Thornton (434) 286-9504
581 Blacks Lane (434) 286-4003 FAX
Scottsville, VA. 24590
CONTRACT FOR THE SALE OF A NEWFOUNDLAND DOG
This agreement is made and entered into this 31 day of October 2011 between Debra Thornton, herein after known as the “SELLER” AND
_______________________________________________ Herein known as the “BUYER(S).
Dog’s name: Cypress Bay’s Newf Of A Different Color “Alfee”
DOB: October 26, 2009 Litter # WS32036601
SIRE: CH. POUCH COVE CYPRESS BAY SAM I AM AKC# WS06619509
DAM: CH FAIRWEATHER’S KAILEE AT CYPRESS BAY AKC# WS21270501
Seller agree to sell, transfer and convey to the Buyer, and Buyer agrees to purchase the following: Newfoundland Female
TERMS OF PAYMENT
The purchase price for this Newfoundland is $2500.00, payable as follows:
Deposit received to reserve Newfoundland; $500.00,
Balance of $2000.00 is due when possession is taken.
Conditions of Sale
Buyer agrees that this Newfoundland shall not be given to, sold to, leased to, or consigned to any commercial or retail establishment or any broker of animals. It is agreed by and between the parties that the buyer(s) of this dog/bitch shall not transfer, sell, add a co-owner or relocate said dog/bitch to another party or another parties premise without the knowledge and written consent of the breeder. In the event that any of the conditions of this contract are breached, said contract will be considered null and void and Buyer(s) will be subject to a penalty of $15000.00 for BREACH OF CONTRACT if legal action is necessary. If, for any reason, Buyer cannot keep this dog, buyer agrees to return the dog to the Seller. No refunds will be given.
Buyer accepts responsibility for the care of this dog. This includes, but is not limited to: maintaining the dog on a proper diet, and at a weight sensible for its size and age; providing the dog regular and proper care, including grooming, exercise, inoculations, and heartworm preventative. The buyer also agrees to accept responsibility for confining the dog to a suitable fenced yard, never chaining the dog, or excessively crating the dog, nor allowing the dog to roam free or travel in the bed of an open truck.
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If these commitments are not met and the safety of the dog is compromised, the dog will be removed from the buyers premises and ownership will revert back to the Seller with no Refund to the Buyer.
PROVIDED AND INCLUDED AS PART OF THIS SALES CONTRACT ARE FEEDING, INOCULATION, WORMING, EXERCISE, HOUSING, CRATING, GROOMING AND TRAINING RECOMMENDATIONS. IT IS NECESSARY FOR THE BUYER TO FOLLOW THESE INSTRUCTIONS.
If, within the first week of purchase, the Buyer’s veterinarian determines that the general health of this Newfoundland is unsatisfactory, the Buyer may return the dog to the Seller (at Buyer’s expense) with a written statement from the examining veterinarian, and full purchase price will be refunded. This provision is valid only if the Newfoundland is in the same condition as when it left the Seller.
Seller whelped this litter and raised the puppies through their first 9 weeks of life in a healthy and controlled manner. Genetic matching of sound sire and dam has occurred so as to minimize genetic defects. This puppy has been monitored since birth by the breeder and veterinarian for obvious birth defects and none have been apparent. The puppy was examined by a certified cardiologist. All applicable disease preventative shots have been administered.
If the dog is evaluated as severely dysplastic by O.F.A. and requires surgery before one year of age, the sellers shall refund the full purchase price amount (to be directly paid to the veterinarian performing orthopedic surgery on the hips of the dog). Before such surgery, sellers reserve the right to re-xray at sellers’ expense. The above described surgery must be approved by the seller, and the cost must not exceed the purchase price of the dog. Maintaining this puppy/dog in an overweight condition will automatically void the guarantee.
The Seller will not be responsible for any veterinarian bills incurred by this dog.
Although the Seller will attempt to grade the litter for future potential, such grading must be considered an educated guess, at best. For this reason, the Seller cannot guarantee a puppy selected for potential show or breeding purposes will mature to meet these expectations. Unless otherwise stipulated, all pups will be registered on an AKC Limited Registration (offspring are not eligible for registration and entry in dog events is restricted). The buyer has 30 days to provide sellers with their choice of a registered name for the dog. That name must have the Cypress Bay prefix. If buyer has not provided a name for the dog to the sellers by that time, sellers will register the dog with their choice of name. Dog may only be registered in AKC registry and with the name originally designated at time of purchase. No name changes will be permitted on registration documents. At the request of Buyer, Breeder will evaluate breeding/show potential of this Newfoundland and revoke the limited Registration if, in the opinion of the Breeder, the show/breeding potential of this Newfoundland warrants such action.
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This agreement shall be construed and enforced in accordance with the laws of the state of Virginia. Any suit shall be brought in the Albemarle County Courts., State of Virginia. All parties specifically consent to the Virginia Courts regardless of their place of residence. In any legal action required to enforce the provisions of this agreement, seller shall be entitled to attorneys’ fees and costs. Each party has availed itself of the right to seek legal counsel and has satisfied itself that this agreement correctly and accurately reflects the understanding of all parties. Buyer specifically waives the right to challenge this agreement due to failure to seek legal counsel.
This agreement terminates and supersedes all prior understandings or agreements only further writing, that is dully executed by both parties, may modify this agreement.
This agreement to be executed as of the date first written above.
BUYER (Signature and Printed name and full address.. (please, no P.O. Box)