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Contract Sample

Bill of Sale and Purchase Agreement

Companion and Performance

Non-Breeding

 

 

 

Breeder/Seller Information:

Name:

Phone:

Email:

Address:

City, Province, Postal Code:

The above hereinafter referred to as “Seller/Breeder” and is a party to this agreement.

 

Breeders’ Initials certifying they have provided true and correct information:

 

 

 

 

Buyer Information:

Name: ____________________________________________________________________________________________________________

Phone: ___________________________________________________________________________________________________________

Email: ____________________________________________________________________________________________________________

Address: _________________________________________________________________________________________________________

City, Province, Postal Code: __________________________________________________________________________________________________

The above hereinafter referred to as the “Buyer” and is a party to this agreement.

 

Buyers’ Initials certifying they have provided true and correct information: ___________________

 

Puppy/Dog Information:

It is agreed between both Parties that Buyer will purchase from Breeder the animal, hereinafter referred to as "Dog" as described below:

 

Registered Name:

Call Name:

(Call name, may be changed by the Buyer)

Date of Birth:

Sex:

Sire: Reg. #:

Dam: Reg. #:

The above hereinafter referred to as the “Dog” and is the subject of this agreement.

 

Each hereinafter independently referred to as a "Party" and collectively referred to as "Parties".

 

Buyer shall initial each section certifying they have read and understand everything within that section.

 

Terms and Conditions

1. Payment of Purchase

a. Breeder agrees to sell to Buyer the above-named Dog for $2500.00, a minimum deposit of $250.00 is required to reserve the mentioned dog, with the remaining amount due in full before the Dog is placed in possession of the Buyer.

b. Buyer is responsible for any and all fees associated with payment transfers.

c. Our preferred method of payment is by Cash or E-transfer.

d. If the Dog becomes unavailable due to sickness, death or any other circumstance, any monies paid

by the Buyer will, at Buyer’s option be either

i. Refunded.

ii. Transferred to a future litter.

e. Buyer acknowledges and agrees that they forfeit any rights to the Dog if:

i. Buyer fails to complete the purchase of the Dog for any reason.

ii. Buyer fails to pay the complete purchase price prior to transfer of the Dog.

iii. Buyer provided false information.

 

 

 

2. General Terms

 

  1. This Dog is being sold to the Buyer as a Companion/Pet with Non-Breeding terms.

  2. This Dog may have the potential for successfully competing in Canine Performance activities or competitions as appropriate for their breed. Including, but not limited to: Lure Coursing, Weight Pull, Dock Diving, Nose Work, Agility, Rally, and Obedience. Buyer understands that Performance potential does not guarantee how the Dog will perform, or that they will achieve any titles. The Breeder has no control over the training, conditioning, and competition of the Dog.

  3. The Buyer accepts the risks and responsibilities of training the Dog; and the Buyer acknowledges that they have sole responsibility for ongoing, lifetime socialization & training as appropriate for its age and level.

  4. Temperament is a product of many things, not simply genetics, & Buyer accepts that much of a dog’s temperament or eventual adjustment is determined by the skill & patience of its owner(s) & how it is raised or integrated into the new home/situation.

  5. Breeder in no way warrants that the Dog will meet any specific training objective or achievement standard as desired or expected by Buyer. Goals are great things to have, but one cannot warrant luck, the future, training skill & the myriad of other things, which must be in place to achieve most goals. The accomplishments of a dog are also largely the result of training & the relationship between owner and dog. These are not things the Breeder can control; therefore, are not things the Breeder will warrant.

  6. Breeder shall not be held responsible for the development of any disqualifying faults, diseases, or disorders.

 

3. Registration Policies

    1. Breeder has registered this Dog with the CANADIAN BULLY KENNEL CLUB (CBKC) & any altering or attempt to alter the CBKC paperwork in any way, including but not limited to, registered name or ownership, is an immediate breach of contract.

    2. If the Dog is to be registered with any additional registries (UKC, BBCR, BRC, ABR, USBR, CBR, etc.), the name will be as it was written on the CBKC original registration for any and all additional registries.

    3. Buyer will not have the Breeders Kennel name of “AB” removed from any and all registrations.

    4. This Dog will not be registered as another breed (i.e. American Pit Bull Terrier, etc.) with any other registry. In addition, this Dog cannot be used in the creation of a New, Rare, or Designer breed. Any such action is an immediate breach of contract.

4. Breeders Representations

    1. Breeder is the legal and true owner of the Dog and has full right and authority to sell the Dog.

    2. The Dog is being sold free and clear of any lien, security interest, charge, or other encumbrance.

    3. Breeder guarantees that the Dog is a purebred American Bully, offspring of a purebred sire and dam as set out on page 1 of this agreement.

    4. No guarantees are expressed or implied or are made by Breeder that the Dog will remain free from injury, illness, or other health conditions once the Dog has left the Breeders care or throughout his lifetime.

    5. Breeder will always keep current contact information listed on a public forum such as personal website or social media.

 

5. Buyers Representations

    1. Buyer agrees that the Dog is being bought for myself and will not be sold, adopted, or given to another party, without notifying Seller and giving Seller the option of first right of refusal (taking the Dog back).

    2. Buyer agrees that this Dog is to be a companion animal. The Dog will live inside the home, not outdoors.

    3. Buyer agrees that this Dog is never to be kept regularly chained, allowed to run free and/or be left unattended, except in a fenced yard or enclosure while exercising.

    4. Buyer agrees to care for the Dog in a humane manner and be a responsible animal guardian. This includes supplying high-quality food, fresh clean water, clean and comfortable shelter, attention, socialization training and any and all necessary veterinary medical care and being merciful in discipline.

    5. Buyer agrees to daily exercise and socialization in amounts appropriate to the age of the Dog.

    6. If the Buyer moves from the address stated above, the Buyer shall, within 30 days of the address change, provide the new address and telephone number to the Breeder.

    7. Buyer agrees to provide regular updates on the Dog, its care, and any notable events. Permission will also be given to Breeder for use of any & all pictures, video, print, biographical information & other media for Breeder to use on a personal public forum, including but not limited to Sellers website and Social media accounts.

 

6. Veterinary Care and Nutrition

    1. Dog is up to date on vaccinations and worming at the time Buyer takes possession. Included in the packet is a record that lists exact dates and types of vaccinations/worming given. It is important that the Dog receives the necessary vaccinations to keep it protected against infectious canine diseases. It is recommended that you follow the revised vaccination schedule included in the packet accompanying the Dog.

    2. Buyer agrees to follow all local, provincial, and Federal laws concerning canine Rabies vaccinations.

    3. Seller is not responsible for any communicable diseases or reactions from vaccinations once the veterinarian has cleared the Dog in the initial checkup as outlined in this contract.

    4. Buyer agrees to keep the Dog current on all veterinary care, including shots, deworming, and flea/tick & heart worm treatment, and seek appropriate care in the event of injury or illness. Buyer is responsible for any & all veterinary expenses incurred while in their care.

    5. Buyer agrees to not allow the Dog to become obese but maintained at a healthy weight.

    6. In the event of an accident or injury, the Buyer agrees to immediately inform the Breeder of condition, diagnosis, and recommendations including treatment from a licensed veterinarian. The Seller also has the right to request release of records for review &/or discuss with their personal veterinarian or specialist if necessary.

    7. Buyer agrees to feed a premium quality kibble (or raw) diet for the life of the Dog.

    8. Buyer agrees NOT to take the Dog to parks, pet stores or other public places until they have had all recommended vaccinations and the risk of contracting communicable diseases are minimized.

 

7. Health Warranties

    1. Breeder guarantees the Dog is in good health and free of communicable diseases at the time of this sale. The Dog has had one or more sets of shots and deworming as scheduled depending on the date of possession. See Medical records for details. Buyer has three (3) business days (excluding Sundays) from possession to have the Dog examined by a licensed Veterinarian, at Buyer’s sole cost. If the Dog fails the examination, Buyer may return the Dog, with a written statement from the Veterinarian, for a full refund. Failure to do so is an acceptance of health, anatomical make-up, appearance & temperament. If Buyer chooses to keep the Dog, no replacement will be given, and all medical costs and treatment are the sole responsibility of the Buyer.

    2. If the Dog is believed to be affected by a health condition upon initial examination, the Breeder has the right to request a second Veterinary opinion. The Buyer must provide proof of the examination and all diagnosis with all phone numbers & names of treating Veterinarians.

    3. If prior to the Dog’s first (1) birthday, the Dog is found to have a genetic health defect that seriously affects the Dogs quality of life and renders it unsuitable as a performance prospect or companion, the Dog may be returned to Breeder, with written proof from a licensed veterinarian or certifying organization of the defect, for a replacement when it becomes available at a time mutually agreeable by both parties. Breeder reserves the right to obtain a second opinion within 30 days of notification. In the event of the death of the Dog, a formal necropsy is required,

      1. and results must be submitted to the Breeder immediately upon receipt.

    4. Breeder does not warrant any condition, which is deemed by a veterinarian to be a normal aspect of a geriatric age, communicable disease or conditions related to an injury. This guarantee is only valid if the following conditions are met, and proof therein is provided to the Breeder:

      1. The Dog is not altered before the Seller recommended age.

      2. The Dog is fed a premium quality diet.

      3. The Dog has been vaccinated according to the schedule provided by the Breeder.

      4. The Dog has not been allowed to become obese or malnourished.

      5. The Dog has not contracted a communicable or preventable disease.

      6. The Buyer has not violated any other provision of this agreement.

 

 

 

 

8. Return Policy

    1. If at any time, for any reason, the Buyer finds that they are unable or unwilling to continue to care for this Dog, the Buyer agrees to contact the Breeder FIRST. The Buyer is required to inform the Seller of such an issue as soon as possible.

    2. The Breeder always gets first right of refusal upon a decision made by Buyer to re-home the Dog sold to them by the Breeder.

    3. If the Breeder, for whatever reason, is unable to take the Dog back, the Breeder must approve in writing the new home for any Dog sold by the Breeder. Such permission shall not be withheld unreasonably, but Breeder has the exclusive right to determine the suitability of any potential subsequent owner. If any such placement occurs, the new owners must complete and sign a copy of this agreement.

    4. In the event of relinquishment, the Buyer agrees to either transport Dog to the Breeder or pay the transportation fees to Breeder.

    5. Buyer agrees that at the time of transfer of the Dog back to Breeder any and all registration papers and medical records will be turned over to the Breeder immediately, and all necessary paperwork will be signed transferring ownership back to the Breeder. Registration of Microchip or other permanent form of identification will be transferred to the Breeder. All transfers must be complete upon transfer to Breeder.

    6. Buyer agrees that at no time will they sell, give, trade, lease, foster, adopt, place, have someone watch long-term, re-home, or euthanize this Dog to any person, business or organization, including taken to a shelter, rescue or any medical/testing facility.

    7. If Breeder is not notified regarding a transfer of Dog in any such way, it will constitute a breach of contract.

    8. In the event of Buyers death, family or power of attorney should notify the Breeder immediately.

 

 

9 . Non-Breeding

    1. Buyer agrees that this Dog has been purchased without breeding rights.

    2. Buyer agrees that this Dog must be sterilized (spayed or neutered), but not before 12 months in age from birth with a preference of 18 months, Sterilization must be completed by 24 months of age. Proof must be submitted to Breeder within three (3) days from procedure.

    3. Buyer understands that the Breeder retains a vested interest in all dogs bearing the AB Kennel name, & that as such, any unauthorized breeding of dogs bearing the Breeder's name or Kennel name, negatively affect & damage the Breeder's reputation & the value of the Breeders’ dogs. Because of the foregoing, the parties agree that no dogs bred by Breeder or any dogs bearing her Kennel name, will ever be bred without prior written approval by the Breeder.

    4. Should any breeding occur, whether intentional or accidental, without Breeder's consent, it constitutes a breach of contract. In addition, the violation will be valued at $5,000 per litter produced and $1,000 per puppy sold from the unwarranted litter. The Breeder reserves the right to repossess the Dog if such a violation occurs.

    5. Any offspring that occurs from this Dog shall not be approved for registration through the CBKC or any other registries. Such offspring shall not be offered for sale to dog dealers, pet shops, their agents or any testing facility, medical or otherwise.

10. Delivery of Dog

    1. Shipping is available at Buyers expense plus crate & veterinarian health clearance certificate, which usually totals about $500.00 - $1,000.00 depending on location.

    2. Breeder may choose to personally deliver a Dog to their new home, or to meet the Buyer at an agreed in-between location. Delivery fees will be mutually agreed upon.

    3. Dog will be available for release to Buyer at no later than 12 weeks from birth. This date is based on when the Dog will be completely weaned from Mother and has received at least the first set of vaccinations.

 

11. Legal Disclaimer

    1. Buyer and Breeder accept and agree to be bound by the Terms and Conditions governing the purchase and sale of the Dog.

    2. Buyer agrees to agreement regarding the above-described Dog under the stated conditions.

    3. Both parties, without any emotional or mental reservations whatsoever, are freely entering into this contract.

    4. This Contract/Agreement are only implied between the Breeder and the original Buyer, NOT to any third party.

    5. Breeder reserves the right to enforce this contract to protect the welfare of the dog.

    6. The Buyer expressly grants permission for the Breeder or their designee(s) to visit the Buyers residence/home at any time to verify the welfare of the Dog.

    7. The Buyer further expressly agrees that the Breeder may repossess the Dog upon any evidence of neglect or abuse, if the dog is ever seized by local authorities or upon any breach of this agreement, at no expense to the Breeder and with no refund of any monies to the Buyer. Buyer shall relinquish dog within 24 hours of said breach.

    8. In the case of Breach of any part of this agreement, Buyer is subject to legal action & will be responsible for any and all expenses incurred, including legal fees & any additional expenses. In addition, a penalty of $5,000 owed to Breeder by Buyer.

    9. Should the Breeder need to seek legal action against Buyer for violations of this agreement, the Buyer hereby agrees that he/she/they will assume any and all attorney costs, court fees, and other legal fees incurred in the process of enforcing this contract or of repossessing the Dog.

    10. If any action or failure to act on the part of the Buyer shall result in any claim, suit, loss, damage, injury, death or liability, Buyer agrees to defend, indemnify, and hold Breeder harmless from liability and/or judgment. Buyer releases Breeder from any and all liability, costs or damages caused by the Dog after placement with Buyer, including damage to or destruction of property and injury to any person.

 

 

 

 

 

 

 

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision of this Agreement. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and this Agreement shall be enforced as if the Agreement did not contain the invalid, illegal, or unenforceable provision for the life of this written Agreement or any Amendments added in the future. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signatures, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

 

 

By signing below, you are certifying that you have read and agree to the terms listed above. The signing parties agree that negative reviews or "bashing" posts made publicly on social media sites or the internet in general by either party is considered slanderous and are subject to legal action and parties hereby agree to pay the other party a total sum of $5,000 (Five Thousand Dollars and no cents) for any slanderous or libel reviews or comments made publicly or on any social media platform regarding the other party. By signing this contract, you agree that the terms of this Agreement are fair and that you have made the appropriate arrangements to adhere to your contractual Agreement.

 

The terms of this contract constitute the entire agreement between the Buyer and the Breeder at the time of sale. This Agreement shall not be amended or modified except by both parties in writing and signed in the presence of and certified by a Notary. No other written or verbal statements expressed or implied shall alter this agreement.

 

Buyer Printed Name:

Breeder Printed Name:

 

Signature and Date:

Signature and Date:

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