SANRICK BOUVIERS

SHOW PROSPECT SALES CONTRACT


 
An agreement between Sanrick Kennel and the buyer____________________________________________

Dog's Registered Name (herein referred to as “the dog”) _____________________________________________

Registration # _________________________________     Litter # _________________________________

Date of Birth ____________________________________________             Sex:      Male      Female

Sire __________________________________________________________________________________

Dam _________________________________________________________________________________

Microchip # _______________________________     Colour _____________________________________

Purchase Price  $___________ Monies are to be paid in the form of cash, certified check or money order. Payment in full must be made before the buyer takes possession of the dog. In the event that the dog is to be shipped, payment in full must be made before the shipping date. A returned cheque does not constitute payment. In the event of a returned cheque, the buyer agrees to pay any and all bank fees associated with that returned cheque. Any shipping costs are to be paid by the purchaser.

1) The above identified dog is a purebred Bouvier des Flandres and will be registered with the Canadian Kennel Club with the buyer listed as the owner. The puppy's registered name must contain Sanrick's as a prefix as part of the registered name. Ownership shall be transferred to the buyer upon the receipt of the total purchase price. The buyer will receive the registration papers within 6 months of date of sale but Sanrick can not be held liable for delays in processing of the registration papers by the CKC.

2)  The dog was sold in good health, free from communicable diseases (as well as can be visually determined), and has been immunized appropriately according to the age, identified for registration purposes and identification up to the date sold.  The health of this animal is guaranteed for three (3) working days through examination by a veterinarian at the discretion and expense of the buyer.  If the dog is found to be of unsatisfactory health and written documentation from a licensed veteranian is presented, the seller shall at his/her discretion (provided the dog and registration papers are returned within three working days):  a) replace the dog with the next available like prospect or mutually agreeable dog, or b) refund 100% of the purchase price (minus shipping costs and Sanrick’s expenses). However,  Sanrick Kennel will not be held liable for any damage or injury caused negligence or accident.

3) The buyer shall have the option to return the dog, in the same condition as when it was sold, to Sanrick Kennel and obtain a refund of the purchase price paid within fourteen (14) days of the date of sale. If the puppy is returned to Sanrick Kennel, the buyer shall assume any expenses associated with returning the puppy.

4)  Each puppy is guaranteed to have sound and stable temperament provided they are properly socialized which include obedience training and that the buyer spends a large amount of time socializing your dog daily. The dog is not keep chained or tied up, allowed to run loose, teased or otherwise abused. All dogs should be confined properly in a kennel of their own and not left to their own devises.

5)  The dog is guaranteed to be free of hip dysphasia and any other hereditary disabling defects visible (i.e. lameness) by twenty-four (24) months of age. Or any other inheredited defect resulting in a significantly shortened life span (i.e. dog dies or has to be euthanized prior to 6 years of age because of this diagnosed defect AND the accepted current veterinary medical therapies have failed to afford the dog an acceptable quality of life, as deteremined by the Sanrick Kennel). Determination of what constitutes a hereditary defect is to be an unanimous agreement of three (3) veterinarians agreeable to both partiesbut shall be on that would affect the dogs ability to function as a pet. (One veterinarian is to be a tenured faculty member of an accredited university veterinary teaching hospital or board certified in the applicable field or a veterinarian of the seller’s choosing.)  Cost of the opinions are to be assumed by the buyer.  If such a problem should develop, the breeder shall replace the dog free of charge to the owner if the original dog is spayed or neutered.  If the defect of the dog is severe enough to warrant the animal to be destroyed (as deemed by a qualified veterinarian), the buyer has the option of 100% refund or a replacement dog. The decision is between the breeder and owner and fulfilled within one year of the problem developing. This guarantee does not apply to any damage, neglect or injury caused negligence or accident.

6) Sanrick Kennel will not be responsible for any expense(s) incurred for any reason by the buyer regarding this dog without Sanrick Kennel’s written consent.  Nor is Sanrick Kennel liable for any damage or injury caused by the dog..

7)  In due time with proper care and training on behalf of the buyer, the show prospect should be of acceptable
temperment and structure, and should embody the basic standard of the breed. Proper care includes regular and proper exercise, bathing, regular grooming, training and socialization.  The dog should have all the qualifications of show quality plus being one that, with proper grooming and handling, can and should win in the conformation ring. We do not guarantee dogs sold for breeding and/or showing to become Champions, but if raised with reasonable are and training he/she should acheieve this honour. In the critical years of the dog/s development a lot can happen (i.e. broken leg, improper diet, lack of proper training and care, being hit by a car) that would forestall his/her becoming a holder of title. Notwithstanding the foregoing, no warranty is made or implied that this dog will win in the show ring. It is understood by the buyer, that condition of the dog at the time of the showing, rapport with the handler and judge selection may effect the dog’s ability to win in the show ring. Buyer acknowledges that he has knowledge of and understands the requirements and special care necessary for a show potential dog.

8)  If for any reason the buyer feels the dog cannot obtain its Canadian Championship, it is at the breeders discretion to decide: a) the dog is not show quality, or b) the person with whom the dog is to be handled by to its championship at the owner's expense.

9) Any dog sold as a show prospect which subsequently develops a hereditary or disqualifying defect, the breeder shall either:
    a) refund the purchase price with the dog and ownership returned to the breeder, or
    b) replacement of the dog by the breeder with another show prospect with the original dog spayed or
        neutered and kept by the owners, or
    c) the buyers money refunded to the extent of the difference between the price of a pet quality and a show
        quality prospect (currently $200.00) from this  litter, with the owner retaining the dog.
The decision is between Sanrick Kennel and owner and is to be fulfilled within one (1) year of the problem
developing and documented.

10)  It is agreed that the above sold dog will only be bred after each of the following conditions have been met:
     a) reaches minimum two (2) years of age;
     b) has been x-rayed for hip dysplasia by a practising veterinanian with the film sent to OFA or OVC or
         Penn-Hip (or similar institution) and has been certified against such problem. Elbows and heart are
         also to be checked and certified clear by OFA;
     c) Has had an eye exam by a board certified veterinary opthamologist, to ensure the dog is free of any
         hereditary eye defects;
      d) The dog has not developed any hereditary faults or disqualifying defects that would make the dog
         unsuitable for breeding and/or showing,

11) Sanrick kennel agrees that this dog will only breed to Bouviers that
     a) are capable of being CKC or AKC registered ;
     b) the progeny of the dog are capable and will be properly registered with the CKC or AKC;
     c) met the requirement of improving the breed and not just for profit;
    d) is parasite free and free of brucella canis at least seven (7) days prior to breeding;
    e) that have like clearances, of good temperment, and no disqualifing faults;

12) The buyer of this dog, if eventually bred, will be responsible of ALL puppies produced for the dogs lifetime.
Further they are to use a contract will all sales of offspring with spay and neuter conditions, screen potential homes and thoughtfully place puppies in good and loving homes.

13) If the dog was bred, accidentally or intentionally, before he/she was genetically tested and certified clear, or a
replacement/refund for any defect was requested, all guarantees are void.

14) Beside good and reasonable care, the buyer agrees to:
    a) Allow the dog to live in your home, as a participating family member and to treat the dog humanely with
        proper safeguards taken for the care and safety of the dog;
    b) annual veterinary checks, including yearly heartworm tests, to properly administer a heartworm
        preventative, and any other health care needs;
    c) to confine the dog in a fenced yard, kennel run or walk on a leash but NOT restrain the dog on a rope,
        chain or tether;
    d) to keep the dog clean and properly groomed, provide the dog with human living conditions and adequate
         housing;
    e) to attend and participate with the dog in at least a basic obedience course by at least six months of age no
        later than eight months of age with the buyer/owner as handler and proper training using positive
        reinforcement;
    f) provide proper socialization of your puppy to children, other animals and other people as your puppy
        grows;
    g) to follow recommended feeding guidelines;
    h) keep the dog at as close to possible “ideal” weight (ribs palpable without excess fat covering, waist
        observed behind ribs when viewed from above, abdomen tucked up when veiwed from the side)
        throughtout the dogs lifetime;
    i) to follow recommended health guidelines;
    j) educate themselves in the characteristics of the breed in order to fully understand the habits, history and
         advantages of Bouvier ownership.

15)  Buyer must notify Sanrick Kennel of any change of address and phone number. The buyer will from time to time advise the Sanrick Kennel of the dog's progress and will not hesitate to contact us for advice on any problem or question that the buyer may encounter. Sanrick Kennel is to be notified should any unusual health problems occur at any time or upon the death of this dog.

16)  The buyer agrees and promises to never take this dog to a humane society or animal shelter; to never train, use or allow the dog to be used in dog fighting, medical research, protection training, attack training or as a guard dog for self or any agency, firm, corporation or organization. The buyer also agrees the above described dog, or its offspring, will not be leased, consigned, auctioned, sold or given to any pet shop, puppy broker, puppy mill or other commercial enterprises for resale or breeding purposes. Buyer agrees to treat this dog as a family pet, with affection and kindness and to never to use abusive training methods.

17) If at anytime the buyer cannot keep the dog, ownership (dog and registration papers) is to be returned to Sanrick Kennel. Proceeds of sale (if any) will be forwarded to the buyer/owner after the CKC transfer fees, veterinary, advertising costs and any other cost occured are deducted. The monetary value of a pet animal over two (2) years of age may be signstantially less than the orgianl purchase price.  The dog may also be placed in a mutually agreed upon home upon Sanrick Kennel's approval. Sanrick Kennel’s approval will not unreasonably be withheld on the condition that the new owner agrees in writing to be bound by the provisions of this contract.

18) In no event shall the amount of any refund, reimbursement or liability on the part of Sanrick Kennel to the buyer be greater than the purchase price of the dog.

19) If the dog is found in a SPCA, shelter, humane society, rescue program or the like, the buyer agrees that all rights of ownership reverts to Sanrick Kennel and thereby Sanrick Kennel becomes the legal owner of the dog with all rights reserved and entitled to.

20) Buyer acknowledges that Sanrick Kennel and other breeders of the subject dog’s breed would be irreparable
damaged if the breed is corrupted by, among other things, the breeding of show potential dogs with dogs of lesser quality or cross breeding dogs of this breed and other breeds, and that the amount of such damages is or will be difficult to or cannot be ascertained. It is, therefore, agreed that in the event there is a violation of #10, #11, #12 & #13 above, the buyer will pay Sanrick Kennel as liquated damages, and not as a penalty, the sum of $10,000.00.

21) In order to secure the obligations under paragragh #10, #11, #12, #13 and #19 above, the buyer hereby grants to Sanrick Kennel a security interest in and to the following collateral: 1) the dog sold under this agreement; 2) all puppies parented by this dog; and 3) if a male, all semen collected and in storage. Sanrick Kennel shall be considered as a secured party and be entitled to all of the rights and remedies as a secured party under the Criminal Code as in effect in the province where this contract was entered into.

22)  The buyer attests that nether he/she has never been accused of animal cruelty or similar accusations.

23)  This agreement shall be interpreted in accordance with the laws of the Province of Sanrick Kennel’s residence. Any controversy or claim arising out of or relating to the performance of this agreement shall be settled and enforced in the provincial or federal courts located with in the province of Ontario. All litigation that may take place will occur in a court physically loacted in the province of Sanrick Kennel’s residence.

24)  This agreement is to ensure to the benefit of and be binding upon the parties hereto and their respective heirs, excutors, administrators and assigns.

SHOULD THE DOG BE OBTAINED BY FALSE PRETENSES AND IF FAILURE TO COMPLY WITH ALL OF THE
ABOVE AGREEMENTS VOIDS ALL GUARANTEES AND IS GROUNDS FOR REPOSSESSION OF THE DOG AND
ITS REGISTRATION PAPERS WITHOUT ANY COMPENSATION TO THE OWNER.

By signature, the buyer accepts all the foregoing and constitutes this as a binding contract.  The buyer acknowledges that he/she has had an opportunity to review this contract. No provision of this agreement may be amended without the written approval of the both seller and the buyer. There are no warranties or guarantees other than listed in this contract. If you are a conscientious dog lover, you will agree that these few conditions protect you, they protect us and above all they protect the dog.

Buyer _________________________________ Seller __________________________________

Buyer _________________________________ Seller __________________________________

Date __________________________________ Date ___________________________________

Witness _______________________________ Witness_________________________________

 

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