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This agreement is made, and hereby entered into, on this _____day of_____, 20__ by and between Eclipse Kennels (hereafter referred to as "Seller"), and ________________________________ (hereafter referred to as "Buyer"), for the purpose of setting forth the terms and conditions of the purchase by the Buyer of a purebred dog from the litter whelped on _________________ out of ;
Sire: __________________________ and Dam: ________________________
1. The Seller agrees to sell and the Buyer agrees to buy one (check appropriate line)
____ male ___ female puppy from the above described litter.
2. The Seller warrants that the above described puppy is in good health at the time Buyer assumes ownership. Buyer has the option to have the puppy examined by a licensed Veterinarian within 72 hours (not including weekends or holidays) of receipt of the puppy.
If, as a result of the examination, the Veterinarian determines that the puppy is not in good health, then the Buyer shall elect to keep the puppy or return the puppy to the Seller for a refund or another puppy. If the Buyer elects to return the puppy, the Buyer shall within 10 days after the date of the signing of this contract, send to the Seller, by certified mail, a written Veterinarian's certificate stating that the puppy was in ill health when examined. Upon receipt of the puppy, the Seller shall be obligated to refund all monies received from the Buyer toward the purchase of the puppy (not including shipping/crate charges), (or if Buyer and Seller are in agreement to take/provide another puppy, Seller will #1. Replace right away if another puppy is available, #2 notify Buyer of next litter that he/she can chose from) and further performance under this contract shall be null and void. All action taken to return the puppy shall be with the best interest of the puppy in mind, including temperature at time of shipment, non-stop flights, etc.
A full refund of purchase price or a replacement puppy of equal value will be made if this puppy has any congenital (birth) defects which result, or may result, in death or euthanization within one year of this sale. Seller must be provided with a written report of health problem from Buyer’s veterinarian.
3. The Buyer is completely satisfied and waives any and all claims regarding the puppy's conformation, temperament and outward appearance.
4. The Buyer agrees that any and all transportation costs, to and/or from the Seller's premises, will be at the cost and sole responsibility of the Buyer.
5. The buyer agrees to pay the Seller $ ____________ for the puppy. It is to be paid in full on or before picking up the puppy. Only after the full amount of the agreed upon amount is paid, may the puppy be removed from the Seller's premises. If the balance is left unpaid by such date, this agreement shall be canceled at the Seller's option and the Buyer shall forfeit the deposit given hereunder.
With Puppies sold on full registration (show/breeding dogs), the Buyer agrees to show the dog or having the seller show the dog at least 10 show weekends in conformation. The Seller has the right to be an owner of record on all registrations of the puppy (aka. co-owner) until the agreement is fulfilled.
6. All puppies are guaranteed against crippling genetic defects. In the case of bad hips and elbows, that would be an OFA/OVC grade of Moderate or Severe dysplasia on hips, or anything worse than DJD grade 1 on elbows. For eyes, any condition that would lead to full blindness. Any puppy that receives an OFA grade of Moderate or Severe or worse than a DJD grade 1 on elbows or CERFs with a condition that will cause the dog to go blind, the Buyer may take a replacement puppy. Eclipse Kennels will not ask you to return your first puppy unless you decide to.- Hip and elbow x-rays must be taken and submitted to the OFA, along with an CERF eye check, before the age of 30 months (2 1/2 years), and BEFORE BREEDING to qualify for this guarantee. The Buyer may choose another puppy from a future litter (Buyer is responsible for all transportation costs). Eclipse Kennels will not ask you to return your first puppy unless you decide to but the first puppy must be spayed/neutered before a second puppy is chosen.
7. Buyer agrees to use the kennel name "Eclipse" or “Eclipse’s” in front or at the end of the name on the AKC, UKC and FCI registration application and must AT LEAST submit for AKC registration by the time the puppy is one year old.
8. The Buyer agrees that this animal will not be used for breeding purposes until it is at least 24 months of age (female) or 12 months of age (male) and OFA hip and elbow certified or prelimmed, CERF and an echocardiogram must be done and the dog is bred only to another Berger Picard (which must meet the following criteria as well) either registered with the AKC or other certified dog registry (CKC & UKC).
All puppies sold as pets are sold with AKC Limited Registration and must be spayed/neutered after 1 year of age. Early spay/neuter is known to increase the chances of ligament issues and certain types of cancer.
9. The Buyer agrees that he/she shall enroll in and COMPLETE an obedience class. Puppy socialization classes also are recommended.
10. The Buyer agrees that he/she us not acting as or in part of, an agent in the purchase of this puppy and that the Buyer will not sell this puppy or it's any of it's progeny to any agent, pet store, or guard dog business.
11. The Buyer agrees that should it become necessary to sell or otherwise place this puppy, the Buyer will notify the Seller and 1. The Seller will help the Buyer place the puppy or 2. The Buyer will return the puppy to the Seller at no charge to the Seller.
12. The Buyer agrees that the Seller may repossess the animal upon evidence of neglect and/or abuse at no expense to the Seller, and no refund of any monies.
13. The Buyer agrees that the puppy will reside at the home of the Buyer (unless co-ownership is involved).
14. These guarantees apply to the original purchaser only and are not transferable. This guarantee becomes null and void if the buyer does not abide by the terms of this contract. The breeder/seller reserves the right to a second veterinarian's opinion. All relevant veterinary records must be supplied to the breeder/seller upon request. An autopsy/necropsy must be performed.
This Agreement is made and signed by both parties to insure the well being and protection of this animal. If any part of this Agreement is breached, the Seller is released from any further obligations hereunder.
Should the Seller need to seek legal action against the Buyer for violations of this Agreement, the Buyer will assume any and all attorney costs and court fees.
Seller ________________________________________ Date ________
Buyer________________________________________ Date ________
Street Address, City, State, Zip Code
Home Phone #
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