Of A.K.C. Registered Puppy Seller:Shepherd by DesignTelephone 815-970-1779
Address ______________________________________ _____________________________________________Telephone ____________
Name: ________________________________________________Male/Female D/O/B ___________________________ Color: _______________________________
Mother: __________________________ Father: _______________________________
This agreement is made by and between seller and buyer as set forth above for the sale of that certain puppy described above. In consideration of the mutual covenants herein set forth, Buyer and Seller agree as followed:
1. Purchased Price: Buyer shall pay to the Seller the sum of $ ____________. Payment is required in full prior to the buyer receiving possession of the animal. No rights of title, whether by reason of ownership, security interest or otherwise shall inure to the benefit of the Buyer until payment in full of the purchase price to Seller. This price includes puppy, shots, de-worming's to date, and AKC papers. The purchased price does not include any transportation or shipping cost, crate, or naming rights (see paragraph 7 below).
2. Reason for Purchase: The intended purpose of purchasing the puppy is:
SchutzhundHerdingConfirmation Showing ObedienceSearch & rescueBrood BitchPolice dog Agility Seeing eye dog Seizure detection Therapy dog Family petOther: ________________
3. Health of Puppy: to the best of the Seller’s knowledge, the puppy is in good health. The only congenital defects or hereditary symptoms of the puppy are as followed:
(Buyer’s Initials ______) Buyer agrees that he has had ample opportunity to review the condition of the puppy, and that he is not aware of any health issues other then those disclosed here. The puppy’s general health is guaranteed for 48 hours after it leaves Seller’s address, subject to paragraph 5 below. The puppy’s temperament is not a health matter. Temperament is usually related to the puppy’s training and environment, which is beyond Seller’s control.
Therefore, the parties agree that the Seller makes no representations or warranties with respect to the puppy’s behavior or temperament. Buyer acknowledges receipt of written documentation of the puppy’s shots, prior medical treatments and Certificate of health.
The condition of the Puppy, and that he is not aware of any health issues other than those disclosed above. The Puppy's general health is guaranteed for 48 hours after it leaves seller's address, subject to Paragraph 5 below the Puppy's temperament is not a health matter. Temperament is usually related to the Puppy's training and environment, which is beyond seller's control. Therefore, the parties agree that seller makes no representations or warranties with respect to the Puppy's behavior or temperament. Buyer acknowledges receipt of written documentation of the Puppy's shots, prior medical treatments, and Certificate of Health.
4. Physical Attributes. The Puppy's ears are warranted to stand.. If they are not standing by 4 1/2 months, Buyer must contact Seller by the Puppy's five-month birth-date. The Puppy must be examined by his vet before five months of age. The ears must be taped for a period of 4 weeks starting at 4 1/2 months. If they are not standing after 4 weeks of taping Buyer must again contact Seller and the Puppy must again be seen by the vet at six months of age. The Puppy will not be replaced for soft ears unless these procedures are followed and have been documented by our office. Male Puppies are warranted to have both testicles drop. The Puppy's hips are warranted to receive certification by the Orthopedic Foundation for Animals (O.F.A) at two years. Seller strongly recommends that Buyer obtain a preliminary hip x-ray at 12 months of age. If Buyer suspects the Puppy suffers from hip dysplasia, the Buyer must so notify Seller between the Puppy's ages of 24 and 28 months. Said notice must include a copy of an x-ray and an interpretation by a Board Certified Radiologist that the Puppy suffers from hip dysplasia. Buyer hereby waives and expressly disclaims any hip warranty claims before the Puppy reaches 24 months or after 28 months of age. Puppies can develop bed hips as result of over feeding or over exercising. It is Buyer's responsibility to keep the Puppy thin throughout its first year of life. Puppies should be taken off puppy food at 4 1/2 months of age to slow the growth. A clear photo of the Puppy must be taken with the date noted if a vet or the Buyer suspects hip dysplasia. A letter from the Puppy's treating veterinarian with the date and the weight of the dog at the time of the x-ray is also required. Seller reserves the right to seek a second opinion for O.F.A. If Seller obtains O.F.A. certification, then Buyer shall compensate Seller for all costs of obtaining said certification, Seller makes the same warranty of puppy's elbows as previously stated for the puppy's hips and such warranty shall be subject to the same limitations and claims procedures as the hips.
5 Limitation of Remedies. Buyer acknowledges that seller shall be under no obligation to issue a refund for the Purchase Price (including any additions thereto) for any reason Buyer's sole remedy for any warranty claim, whether express or implied, shall limited to one of the two options set forth in this paragraph. No part of the Purchase Price (including any additions thereto) shall be returned to Buyer for any reason. If Buyer asserts a claim under the terms of Seller's warranties as set forth herein, then Buyer have the option of selecting one of the following remedies, which shall be exclusive of one another: (1) Buyer may return the Puppy to Seller, along with all A.K.C. papers health certificates, and other documentation, and receive a replacement Puppy of similar breeding as soon as reasonable practical. Seller shall be under no obligation to procure another animal from any other breeder or source, but Buyer's replacement Puppy shall be provided at such time as Seller has a suitable animal available from Seller's own breeding operation. (2) Buyer may keep the Puppy, provide written confirmation to Seller that said Puppy has been professionally spayed or neutered, and receive a 100% discount on the purchase the additional Puppy at any time up to 1 year from Buyer's election of this option, and Buyer agrees to accept the additional Puppy with no written warranty and in "as-is" condition.
6. Seller's Reservation of Rights. Seller shall make no refunds to Buyer for any reason. In the event Seller receives notice. whether from Buyer or otherwise, that the Puppy suffers from any health condition that cause excessive or unreasonable pain to the Puppy, then Seller may require that the Puppy be put down. Buyer agrees in advance to comply with such request. In the event that Buyer becomes unable or unwilling to care for the Puppy, or in the event that Buyer treats the Puppy in a cruel neglectful, or inhumane manner, then Seller shall become the lawful owner thereof, and may either retain such ownership or transfer (including for resale) the Puppy.
7. Name of Puppy. Buyer acknowledges that the name of a professionally bred animal is significant to breeder as well as the owner. Buyer may choose a first name for the Puppy, but Buyer agrees that the last name of the Puppy shall remain "SBD Posejpal" for its entire lifetime, All registrations, genealogies, histories, certificates, entrance records, and other documents shall reflect this last name. If Buyer desires to rename the Puppy as something other then "SBD Posejpal" then Buyer shall pay Seller in addition to the Purchase Price set forth above the sum of $___________________(Upon receipt of said sum Seller shall consent to the change of the Puppy's name by signing and dating this provision. _________________________________ date:_____________________
8. Terms and Transferability. This agreement shall be valid as long as Buyer owns the Puppy. Buyer may not transfer this agreement or any of Buyer's benefits hereunder. If Buyer breeds the Puppy before the Puppy reaches 2 years of age, then this agreement, including any statement of warranty hereunder, shall become null and void.
9. Neglect: The Buyer agrees that the Seller may repossess the animal upon evidence of Criminal neglect and/or abuse at no expense to the Seller and no monies shall be refunded.
10. Training: The Seller promotes working dogs, if the buyer titles the said dog or puppy to SchH 3, IPO 3, Ring 3, PSA 3, HGH, S&R or Certified Dual Police K9 (copies are needed as proof) then the Buyer can come back and FREE of charge pick out another puppy of choice.
- If the Buyer receives SchH 2, IPO 2, Ring 2, PSA 2, Single service Certified Police K9 (Copies are needed as proof) Then the buyer will receive ¾ off the next puppy of choice.
- If the Buyer receives SchH 1, IPO 1, Ring 1, PSA1, (Copies are needed as proof) Then the Buyer will receive 1/2 off the next puppy of choice.
- If the Buyer receives a CGC- Canine Good Citizen award and or Certified Therapy Dog
(Copies are needed as proof) Then the buyer will receive 25.00
11. First of refusal: If the Buyer is selling or placing the said dog/puppy the Seller must be informed by certified mail to give “first of refusal”. If this is NOT done then 50% of what the dog/puppy was sold for will be add to the violation cost. If the dog/puppy needs a home for what ever reason(s) the Seller will take it back no questions asked. No monies or refunds will be given
12. Returns: The Buyer has asked questions and spent enough time, examined, tested the dog/puppy. The Seller has recommend that the Buyer go home talk with family and think it over from; time (daily walks, bonding, crate/house training), expenses (vet bills, training, food), and commitment (that will live 12-14 yrs, this is not a toy that can be kenneled for days at end). All dogs need food, water, exercise, and attention, these are the basics. If for any reason(s) after buying the dog/puppy the buyer wants to return the said dog there will be a 40% restocking fee
13. Miscellaneous: The parties acknowledge that this agreement constitutes a valid and
binding contract. It shall be governed according to the laws of the state of Illinois. All paragraph heading are meant solely for convince and shall not be a limitation on the terms herein states. This written document constitutes the entire agreement of the parties, and no amendment or alteration of terms herein set forth be valid unless signed by both parties. In the event of any breach by Buyer, Seller shall be entitled to recover from Buyer any and all cost of enforcement, including reasonable attorney’s fees. Any use of the masculine herein shall be read to include the feminine, and the singular to include the plural, unless the context clearly indicates other wise. If more then one party executes this agreement as "Buyer"then each party shall be jointly and severally liable for all obligations herein stated.
14. Disclaimer of Warranties: This agreement includes certain express warranties from the Seller to the Buyer. By signing this agreement, Buyer expressly waives all other warranties whether expressed or implied, and agrees to be bound by the limitations set forth herein. Buyer
further waives any warranty of merchantability or warranty for of fitness for a particular purpose.
Notice to Buyer: this document constitutes a valis and binding contract. By signing below, you agree to be bound by the terms herein stated, and you are acknowledging that you have read and understood all of these terms.
Shepherds by design
By: _______________________________________Date: ______________________
_________________________________________ Date: _______________________