***** 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 Commitments
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.
PAGE 2 OF 3
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.
__________________________________________________________________________________________
Disclosure
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.
PAGE 3 OF 3
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)
Print
name:____________________________________________________________________________
Signature:_________________________________________________________Date:________________
Print name:____________________________________________________________________________
Signature:_____________________________________________________________________________
Address:______________________________________________________________________________
Email
address:__________________________________________________________________________
Phone
#_______________________________________________________________________________
Seller:____________________________________________________________Date:________________