This contract is an agreement between Kathy Madden/Montage Tervuren (Seller) and Buyer, as identified below,
for the sale and purchase of a Belgian Tervuren puppy.|
Kathy Madden, New York NY
NAME OF BUYER:__________________________________________________
PUPPY DOB: SEX:
Seller and Buyer agree to the following purchase terms and conditions:
PRICE OF PUPPY: DEPOSIT:
2. Health guarantee: Seller guarantees that the puppy is of good health at the time of pickup/delivery, and has been wormed and immunized as appropriate for its age. Seller will supply a record of vaccinations and wormings to Buyer. This health guarantee is in effect for a seven day period, during which time the puppy must be examined by a licensed veterinarian at Buyer's expense. If for any reason Buyer is not satisfied with the puppy's health during this time, the puppy may be returned (within 72 hours of the vet's visit) for a full refund or replacement with another Montage puppy (if and when one of suitable quality is available), provided the puppy has not been injured in any way. If the puppy becomes ill during this time frame and Buyer does not choose to return it, Buyer agrees to assume responsibility for medical treatment.
3. Buyer agrees that the puppy throughout its life: will be provided with adequate opportunity and room for exercise, protection from the elements, predators, automobiles and other hazards; will not be permitted to run at large habitually; will receive regular care from a licensed veterinarian, and be kept free of parasites such as fleas and worms; will receive adequate food and fresh water; and will have its coat and nails maintained in a clean, well-groomed condition. Buyer agrees to keep the puppy throughout its life as a house pet, in that it will spend a significant portion of the day in the house with its person/people. Buyer agrees that the puppy will not be crated for long periods of time during the day (over 6 hours) on a regular basis since this can cause physical and mental problems and otherwise be detrimental to the puppy.
4. Buyer agrees to socialize the puppy through exposure to people, other dogs and new environments in order to ensure confidence and steady temperament until the puppy is at least 18 months old. However, the puppy should not be taken to public places such as dog parks, where the risk of contracting disease is high, until 4 months of age or older after immunizations are complete. Seller guarantees that, with adequate socialization, the puppy will be of sound temperament in that it will be neither so shy nor so vicious as to render it an unfit companion. If, in spite of adequate socialization by Buyer, and reasonable proof thereof, the puppy remains excessively shy or aggressive at two years of age or older, and Buyer keeps the puppy, Seller will either replace with another puppy when available, or will refund 1/2 the purchase price. Seller will refund the entire purchase price upon return of the puppy to Seller, along with its registration papers, at the Buyer's expense.
5. Buyer agrees to enroll the puppy in a puppy socializing class or entry level obedience class within 4 weeks of receiving final puppy vaccinations and/or taking possession of the dog, and to attend obedience classes through novice level or until dog earns AKC CGC certificate. Seller will assist Buyer in finding training classes and training clubs as needed.
6. Buyer agrees that after completing novice level obedience classes or earning CGC, he/she will choose a performance activity to try with the dog, such as competition obedience, agility, herding, or tracking, therapy dog, search & rescue, or other activities demanding focus and concentration and providing physical and mental challenges.
7. Buyer is encouraged to join the American Belgian Tervuren Club (ABTC) national breed club (application and sponsorship signatures will be furnished by Seller) in order to support the health research and rescue efforts of the club.
8. Buyer agrees to keep Seller informed as to progress, accomplishments, problems of the dog. Seller will provide support and advice to Buyer throughout the life of the dog. In the event that any of Buyer's contact information changes (address, phone, email, fax), Buyer promptly shall inform Seller of such change. In the event that any of Seller's contact information changes (address, phone, email, fax), Seller promptly shall inform Buyer of such change.
9. Buyer agrees to attend conformation classes and to compete in AKC and/or UKC or Can. shows, with the goal of attaining the status of breed Champion. At the Buyer's request, the Seller will be happy to show the dog if geography allows, or find someone to do so for the buyer.
10. Buyer agrees to obtain all of the health clearances specified below and to send photocopies of registry certification(s) to Seller promptly upon receipt of the certification(s):
a. Screening of eyes at age 12-24 months, to be repeated two or more times if possible up until age 8, with results submitted to CERF or equivalent organization.
b. Screening of hips and elbows at age 2 years, and not later than age 3 by xray, anesthesia not required, with results submitted to OFA or equivalent organization.
c. Screening for thyroid (full panel including T4) done by Michigan State, Cornell, or a comparable organization via a blood test sent from your veterinarian (copy of report to be provided to Seller), between age 2-3.
11. Seller guarantees the dog to be free of the following hereditary diseases, provided that health screening is done within the time frame specified in this contract.
a. Hip or elbow dysplasia, such that there is a clinical effect upon the dog in that its condition would greatly affect its lifespan, cause pain and/or disability.
b. Eye disease, such that the dog develops a progressive, vision affecting problem, excepting late onset cataracts due to natural aging.
c. Primary epilepsy, such that seizures occur regularly without an obvious, non-inheritable secondary cause, such as severe trauma, illness or poisoning.
12. If the dog develops any of the above hereditary diseases as described in paragraph 11, or any of the following conditions which would preclude finishing a championship, Seller will offer another puppy when available at no cost other than shipping expenses. Seller will refund the entire purchase price upon return of the dog to Seller, along with its registration papers.
a. If the puppy exhibits monorchidism, or develops a disqualifying bite (as defined in the breed standard) which does not correct itself by age 3, or is a disqualifying height at maturity (age 3).
b. If the puppy does not follow through with show quality potential by maturity (age 3) in the opinion of the Seller to the extent that it cannot earn a championship title.
If for any other reason than a. or b. Buyer wishes to spay/neuter dog, Buyer agrees to discuss in advance with Seller and to obtain written agreement from the Seller.
13. If the dog is a female that Seller and Buyer in consultation decide is of sufficient quality to be bred, no breeding shall occur until the female earns an AKC, CKC, or UKC championship and receives health clearances for hips, elbows, eyes, cardiac, and a full panel screening for thyroid, including T4 and auto-immune, done by Michigan State, Cornell, or a comparable organization via a blood test sent from your veterinarian (copy of report to be provided to Seller). Seller must approve choice of stud dog.. If any littermates develop primary epilepsy, and the DNA test is available, the female dog must be DNA tested as carrier or clear in order to be bred; if she is a carrier, she can only be bred to a clear and all resulting puppies must be DNA tested. Seller will assist in placing puppies as needed. Buyer will provide Selller with a list of puppy owners including contact information.
14. If the dog is a male that the Seller and Buyer in consultation decide is of sufficient quality to be used at stud, no breeding shall occur until the male earns an AKC, CKC, or UKC championship and receives health clearances for hips, elbows, eyes, cardiac, and a full panel screening for thyroid, including T4 and auto-immune, done by Michigan State, Cornell, or a comparable organization via a blood test sent from your veterinarian (copy of report to be provided to Seller). If any littermates develop primary epilepsy, and the DNA test is available, the male dog must be DNA tested as carrier or clear in order to be bred; if he is a carrier, he can only be bred to a clear and all resulting puppies must be DNA tested. Stud service to and choice of bitches must be approved by Seller. Seller will retain breeding rights for Montage bitches, and will pay for related expenses but not a stud fee.
15. Guardian angel clause: Ownership of this dog may not be transferred without permission of the Seller. If for any reason other than the conditions previously stated in this contract, Buyer cannot or chooses not to keep the dog, Buyer, or a representative of Buyer, must return the dog and its registration papers to Seller at Buyer's expense. If Buyer or Buyer's representative returns the puppy to Seller, neither Buyer nor Buyer's representative, heirs or assignees shall be entitled to any refund money.
16. Definitions: "Adequate," "protection," "habitually," "generally accepted," "significant," "excessively," "regular," "well-groomed," and "sufficient," as used in this contract, shall be defined by the judgment of Seller, based on Seller's standard of care for her dogs. The terms "puppy" and "dog" are synonymous in this document. Except where specified, the term "puppy" does not denote a particular life stage of the puppy/dog.
17. If Buyer is unable or unwilling to meet any or all of the conditions of this agreement, Seller reserves the right to reclaim the dog and its registration papers, with no refund or replacement puppy due to Buyer. Failure to observe time limitations voids any obligations of Seller under this agreement and Buyer shall have no other rights or options. Any legal proceedings shall be carried out in Seller's own state and county.
18. This agreement shall be effective upon the signature of both Buyer and Seller.
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