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CONTRACT
This agreement
is between:
Margaret "Molly" Graf of vom Eichenluft Working German Shepherds(Seller)
Address: 80
Wildwood Road, Newville PA 17241
e-mail
eichenluft@aol.com Telephone: 717-776-5110
website:
http://workinggermanshepherd.com
(Buyer) ____________________________________________
Address _____________________________________________
Telephone
___________________e-mail _________________________
WHEREAS, Buyer and Seller agree that
this agreement pertains to the transfer between Seller and Buyer of a German
Shepherd Dog (GSD)
WHEREAS, it is the Seller's intention
to foster the breeding and development of the GSD by selecting GSDs on the
basis of their working ability, correct structure, good health and excellent
temperament;
WHEREAS, it is the Buyer's intention
to foster the development of the GSD by providing not only proper
socialization, training, nutrition and veterinary care, but also a structured
program of work in which the GSD can have meaning and purpose in its life,
and;
WHEREAS, Buyer and Seller agree that
the good temperament and health of each GSD is the combined product of Seller's
breeding and Buyer's socialization, training and nutrition; Buyer and
Seller agree to transfer the following German Shepherd Dog (GSD) upon the terms
and conditions set forth below:
DESCRIPTION OF DOG:
Breed:_____________________________Sex:__________
Color/Markings:
_________________________________
Whelped:
D______ M______ Y_____
Sire:_______________________________________SV/AKC#__________
Dam:______________________________________SV/AKC#___________
AKC
REG. # _________________________________
Registered
name ___________________________________________
2. SELLER'S
OBLIGATIONS:
1.
Seller will transfer the Dog to Buyer, but will retain these rights:
1.1
The right to access the Dog's veterinary records.
1.2 The right of first refusal. If
Buyer should decide for any reason to transfer, sell or convey in any fashion,
ownership or control of the GSD, Buyer agrees to notify Seller and offer Seller
the right of first refusal.
1.3
The right to publish the Dog's likeness and name in promotional materials.
1.4. Seller will fully disclose any
known health problems or conformation faults in the dog.
1.5. Seller will provide
reasonable telephonic and email support to assist Buyer in resolving any
temperament, training or health issues.
1.6. Seller will provide AKC
limited registration papers or AKC Limited registration application for the
puppy within a reasonable time after purchase.
3. BUYER'S OBLIGATIONS:
1. Buyer will place a non-refundable deposit of $_______.
2. Buyer will
pay the total purchase price of $_________.
3. Buyer will provide contact information of the veterinarian who will be
responsible for the dog's health.
4. Buyer grants to Seller the right of access to veterinary records. 5.
Buyer will not breed the dog, without meeting the requirements for full
akc registration as outlined in this contract, and receipt of signed document
from seller allowing full akc registration. A FEE of $5000.00 will be
collected if the dog is used for breeding without seller's knowledge and
consent.
6. First Right of Refusal - Buyer will not offer the dog for sale or
other transfer of ownership or control without first offering sale or other
transfer of ownership or control to Seller. A fee of $2000 will be
collected if the dog is sold or rehomed without the seller's knowledge and
consent.
7. Buyer will provide quality nutrition, proper veterinary care, early
socialization, obedience training, appropriate exercise and an indoor home.
8. Buyer will not allow the Dog to become obese. All hip and health
guarantees are nullified if the dog is allowed to become obese.
9. Buyer agrees to provide seller with license to use Dog's name and
likeness in promotional materials.
10. Buyer will maintain an appropriate home owners insurance policy or
renters insurance policy that will indemnify Buyer from any damages arising
from his ownership of Dog.
11. Buyer will indemnify and hold Seller harmless from any damages or
liability arising from his ownership of Dog.
12.
Buyer understands the puppy will be registered with AKC Limited registration.
Buyer understands the purpose of Limited registration, and agrees the dog will
not be bred before the requirements are met for the Seller to agree to change
the registration to Full, allowing breeding.
<The
requirements for changing the registration to Full are as follows: a) Schh1
title or equivalent, including advanced Agility, Obedience, Herding
titles, or legitimate Police or SAR certifications. b) Adult passing OFA or
a-stamp hip and elbow ratings. c) No faults to the standard in structure or
temperament.>
4. SELLER'S WARRANTIES
1. Other
sections of this agreement which are to the contrary notwithstanding, there
are no warranties express or implied except those set forth in this section of
the agreement. This requirement is merged and no oral or written evidence to
the contrary is competent to explain, vary or supplement this section of the
agreement.
2. As of the
date of this agreement, the dog is in good health and free of communicable
diseases.
3.The Dog will
be suitable to obtain OFA hip and elbow certification at 2 years old.
4. The Dog's
ears will stand without tape or support.
5. The Dog's
testicles will both drop.
6. The Dog's teeth and jaw will be free from defects.
7. The Dog
will be checked by a veterinarian within 10 days of purchase and will be found
in good health and free of communicable diseases. If the veterinarian finds
any health issue that is not easily resolved, the puppy will be returned within
14 days of date of purchase, for full refund of purchase price OR replacement
puppy.
5.
BUYER'S REMEDIES
In the event of a breach of SELLER'S
WARRANTIES, Buyer's sole remedy shall be to return the Dog and obtain a
suitable replacement from a future litter. In the event that a suitable
replacement is not available within a reasonable time frame, Buyer shall be
entitled to a refund of 25% of the purchase price.
The exercise of Buyer's Remedies shall be at
Buyers expense. For example, shipping costs are the responsibility of the
Buyer, not the Seller.
6. LIMITATIONS
ON BUYER'S REMEDIES
Buyer's Remedies
shall be extinguished, in the event that Buyer has failed to fulfill its
obligations under Section 3 of this agreement.
7. DISPUTES
1.
This agreement is merged with all prior oral and/or written agreements and
contains the entire agreement of the parties. This agreement cannot be
modified except by a writing signed by both parties.
2.
The words of this agreement shall not be construed against the drafter but given
their natural and ordinary meaning the context of this agreement.
3.
Should any dispute arise under this agreement, the dispute will be settled by
mandatory arbitration in Cumberland County, Pennsylvania and shall be governed
by Pennsylvania Law. The prevailing party shall be entitled to attorney fees
and costs, including fees and costs associated with recording the arbitration
award and enforcement of the award.
Seller
_________________________________ DATE D______M______Y_____
Buyer
_________________________________DATE D______M______Y_____
Pennsylvania
Dog Purchaser Protection Act
In an effort to
ensure that consumers buying a dog in Pennsylvania know their new pet has a
clean bill of health, Pennsylvania dog sellers and breeders must now post a
visible notice that informs consumers of their rights under the state's Dog
Purchaser Protection Act, also known as the Puppy Lemon Law. Sellers and
breeders must also provide a written copy of the consumer's rights at the time
of the sale.
A seller shall
provide you with a health record for the dog at the time of sale. The health
record must contain information as required by the Law.
The seller shall
provide a health certificate issued by a veterinarian within 21 days prior to
the date of sale OR a guarantee of good health issued and signed by the seller.
The health certificate and the guarantee of good health must contain
information as required by the Law.
To preserve your
rights under the Law, you must take your newly purchased dog to a licensed
veterinarian for examination within 10 days of purchase. If a veterinarian
determines, within 10 days of purchase, that your dog is clinically ill or has
died from an injury sustained or illness likely to have been contracted on or
before the date of sale and delivery, you have the following options:
(a) Return the dog for a complete refund; (b) Return the dog for a replacement
dog of equal value; OR (c) Retain the dog and receive reimbursement for
reasonable veterinary fees, not exceeding the purchase price. These options do
not apply where a seller, who has provided a health certificate issued by a
veterinarian, discloses in writing at the time of sale the health problem for
which the buyer later seeks to return the dog.
If, within 30
days of purchase, a licensed veterinarian determines that your dog has a
congenital or hereditary defect which adversely affects the animal's health or
that your dog died from a congenital or hereditary defect, you have the same
options as outlined in Section 3 (above).
Within 2
business days of a veterinarian's certification of your dog's illness, defect
or death, you must notify the seller of the name, address and telephone number
of the examining veterinarian. Failure to notify the seller within 2 business
days will result in forfeiture of rights.
Refunds or
reimbursements shall be made no later than 14 days after the seller receives
the veterinarian certification. Veterinarian certification shall be presented
to the seller not later than 5 days after you receive it.
Registerable
Dogs - If the seller does not provide within 120 days all documentation to
effect registration, you may exercise one of the following options:
(a) Return the dog and receive a full refund of the purchase price; OR (b)
Retain the dog and receive a 50% refund of the purchase price. If
registerable, the seller shall provide at the time of sale: the breeder's name
and address, the name and registration number of the dam and sire, and the name
and address of the pedigree registry organization where the dam and sire are
registered.
As a condition of transfer, Buyer waives all
rights and remedies under the Dog Purchaser
Protection Act. This is a material provision of
the transfer and Seller will not enter into a sale or transfer without waiver of
the Buyer's rights under the Act.
__________________________________________________
(Buyer's Signature) _____________ (Date
__________________________________________________ (Seller's Signature)
_____________ (Date)
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