COMPANION PUPPY SALES CONTRACT
AKC Litter Number:__________________________________________
AKC Registration Number:______________________________________
Sire AKC #: ______________________________________
Date of Birth:_____________________________________
Dam AKC #: _____________________________________
Date of Birth: ___________________________________
Breeder: Richard Rogers / Avalon Great Danes
This agreement is between Richard Rogers, hereinafter referred to as "Breeder", who agrees to sell a Great Dane Puppy,
hereinafter referred to as "Puppy", with the terms and conditions listed below to _____________, hereafter referred to as
the "Owner", for the duration of this contract.
The Owner is to retain full possession rights and assume full responsibilities and liabilities for the Puppy. Owner may
not sell, or in any other way, transfer ownership or possession of the Puppy without written consent of the Breeder. Each
party to this contract agree to defend and hold harmless the other parties in the event of any lawsuit brought because of
the actions of the Puppy while in the sole possession of that party.
CARE AND CONDITION:
1. The owner has the sole responsibility for properly feeding and nurturing a developing Puppy. To the best of his/her
ability, the owner will provide for a safe and healthy environment. He/She will never knowingly nor through neglect, place
the Puppy in harm's way. The owner will also, to the best of his/her ability, keep the Puppy in proper health and condition
for show ring competition.
2. The owner shall properly care for, feed, and provide adequate medical attention for such dog. The term "properly care
for" shall mean a premium quality dog food (certified by AFCO or CVA) in adequate amounts, fresh water, provision for shelter,
a dog run or a fenced yard and maintenance of annual vaccines, fecal checks and any required routine or emergency veterinarian
care. Dog food that is considered premium: Bil-Jac, Eagle, Innova, California Natural, Flint River Ranch and BARF. The Puppy
should not be fed puppy food of any type.
3. It is understood that the dog will not be allowed to roam free; and will either be confined to its fenced yard,
be on a leash or under total voice control and direct supervision of the owner at all times. Underground fencing is not considered
a reliable means of confinement and therefore not considered a fenced yard.
4. It is understood that the dog will not be chained up, tied up or staked out as a method of confining.
5. It is understood that said dog is to be maintained as a house pet.
6. It is understood that said dog will not be allowed to ride unsecured in the back of an open pick-up truck.
7. It is understood that the breeder will be notified of any address change or phone number change within 60 days for the
lifetime of this puppy.
8. It is understood that the breeder expects pictures and updates on the puppy as it progresses through out it's lifetime
whether it is through emails or postal service.
All ordinary expenses for the daily existence and well being of the Puppy; to include general care, medical expenses, general
training, entries for obedience and/or field activities are the responsibility of the owner.
1. These warranties are the only ones made and no other express or implied warranties are made or will be honored.
2. Said Puppy is to be healthy and free from infectious diseases for a seventy-two (72) hour period thereafter. After that
time, no health provisions are made with the exception of Canine Hip Dysplasia and Wobblers. It is agreed that the owner,
at the owners expense, have the Puppy examined by their local veterinarian seventy-two hours of purchase.
3. Guarantees shall not include torsion and/or bloat, cancer, HOD, OCD or other maladies common to Great Danes and large
and giant breeds of dogs.
4. Hips are guaranteed to be free of hip dysplasia for a period of two years from birth date of said Puppy. If, during
that period, hip dysplasia is suspected, said Puppy will be immediately radiographed by a licensed orthopedic veterinarian
and all x-rays will be submitted to the OFA (Orthopedic Foundation for Animals) for evaluation. Such medical expenses shall
be born by the owner. Upon final diagnosis of hip dysplasia, the Breeder shall have the option of providing a replacement
Puppy of equal value or may provide the owner the option of keeping said Puppy and providing a replacement at a later date.
Such remedy shall be the sole remedy available to the owner herein. It is understood that a replacement Puppy will carry the
same restrictions and guarantees; that a replacement Puppy will be provided only when the original Puppy is deceased or returned;
and that a replacement Puppy will be dependent upon availability. It is also understood that a replacement Puppy does not
include the cost of cropping.
5. Said Puppy is guaranteed against Wobblers syndrome for up to four (4) years from date of birth. If, during that time,
wobblers syndrome is suspected, said Puppy will be radiographed by a qualified veterinarian, and if deemed necessary, have
a mylograph performed. Such medical expenses will be born by the owner. Upon final diagnosis of wobblers, the same conditions
regarding replacement Puppy will apply as those in Section 3. Wobblers caused by an accident or injury is not covered.
6. At time of sale, the Puppy was well socialized and of sound temperament. Since the Breeder cannot control the environment,
training or additional socialization after time of sale, no provisions are made in regards to temperament; and it is the owners
responsibility to further socialize and train said Puppy. However, if there is any question as to the stability
of the temperament of said Puppy prior to the age of six months, it may be returned to the Breeder for a replacement
Puppy conditional upon availability, provided that the Puppy is retuned in good condition and has been properly maintained.
If returned, no cash refund will be made under any condition.
7. The AKC registration papers will be provided within a reasonable amount of time. The Breeder will send it in and the
owner should expect their registration form in about 6 weeks. All puppies will be registered with the Avalon prefix.
RIGHT OF FIRST REFUSAL
1. In the event that the Purchaser desires to sell, transfer, or otherwise dispose of said dog, the Purchaser grants
unto the Breeder the Right of First Refusal to take possession of said dog. Such offer of Right of First Refusal shall be
given to the Breeder in writing, to be sent by certified mail. The Breeder shall have five (5) working days to exercise this
option. Any transfer back to the Breeder shall be accompanied with the appropriate AKC registration papers properly endorsed
by the owner. No cash refunds will be given.
2. In the event that family circumstances or other emergency require immediate relocation of said dog, it can be retuned
to the Breeder immediately, and the Breeder will therefore handle the transfer as deemed appropriate. All return costs
will be paid by the owner.
3. Under no circumstance shall said dog be taken to an animal shelter or released to a rescue group.
4. It is understood that if the dog is returned for any reason, no cash refunds will be given.
5. If the Breeder does not
exercise the First Right of Refusal and the dog is sold or given away, all the same terms and conditions apply to the new
owner. The Breeder reserves the right to approve of the new home.
MISCELLANEOUS TERMS AND AGREEMENTS
1. The Breeder assumes no responsibility for the after-care of the cropped ears
and any failure of the ears to stand, notwithstanding that the Breeder may offer assistance in the care of the ears to owner.
2. Puppy shall be spayed or neutered by the age of 6 months. Proof of alteration
from the Owner's vet is required. At which time, the AKC papers of said Puppy will be transferred to the Owner.
3. If the owner should sell, transfer, or give away said dog with
the Breeders prior consent as noted under "Right of First Refusal", all the same terms and conditions as stated in this agreement
will apply to the new owner.
4. Waiver of any part of this contract shall be deemed void or invalid
under the law, such finding shall not affect the remaining portions of the contract.
5. If a dispute arises out of this transaction, parties agree to conduct
mediation and/or arbitration prior to filing a lawsuit. Any lawsuit must be brought in the county where the Breeder resides.
The laws of the State of North Carolina shall apply to the interpretation of this contract.
The owner agrees that any willful or flagrant violation of the articles
of this agreement may result, at the sole and absolute discretion of the seller, in the forfeiture of ownership and possession
rights of the Puppy, and all claims on the Puppy by the Buyer, without refund of monies paid.
SCOPE AND AMENDMENTS:
This agreement embodies the entire agreement between the parties hereto,
and supersedes any and all other agreements between the parties in connection with the syndication of the Puppy described
herein. This agreement may be amended at any time by the consent and signature of all parties in writing, provided that the
written document so states that the purpose of the document is to amend this agreement.
This agreement is hereby entered into and wholly executed in the State
of North Carolina and litigation arising from any possible breach of this agreement shall be adjudicated in the County
of Rowan the State of North Carolina, under North Carolina law. All parties hereby submit themselves to the
jurisdiction of said courts. Should any provision of this agreement be held invalid, illegal or unenforceable, the remaining
provisions shall not be affected.
By signature below, the Buyer(s) and the Breeder affirm that they have
read and understand this agreement and will abide by the articles of this agreement.
(signature of purchaser/owner)
(signature of breeder/co-owner)