BonniDune Kennels. Kelly Whiteman P.O. Box Indianapolis, IN

Transcription

1 BonniDune Kennels Kelly Whiteman P.O. Box Indianapolis, IN (hereafter known as Buyer) has reserved a female show/performance quality Border Collie puppy by paying a $ non-refundable good faith deposit to Kelly Whiteman (hereafter known as Breeder) with a balance of $ to be received prior to delivery of said Border Collie. The Buyer of this puppy agrees to co-own this puppy with the Breeder. The Buyer further agrees to allow the Breeder to breed this puppy for two litters, provided all health clearances have been met in accordance with this contract, at a time of the Breeder s choosing. For the purpose of this contract, a minimum of three live puppies at the time of birth shall be considered a litter. These litters will belong solely to the Breeder. The Buyer agrees to allow the Breeder to keep this puppy from two weeks prior to whelping and until the puppies are 7 weeks of age for both litters. The Buyer agrees to allow the Breeder to choose the dogs to be mated to this puppy. The Breeder agrees to pay all expenses directly related to these matings. (e.g.: travel expenses for this puppy, stud fee, AKC litter registration fee, and pre/post-natal vet care.) For each litter, the Buyer agrees to sign and forward to the Breeder, at the time the puppy comes in season, an AKC lease agreement, dated from one week before the expected mating date and for a period of 4 months, which will allow the Breeder to be listed as sole breeder on the registration certificates. In return, the Breeder shall give the Buyer the option of choosing one show/performance puppy mutually agreed upon by both the Buyer and Breeder from both 1

2 litters. The Buyer agrees to enter into a new contract supplied by the Breeder for any puppy chosen from these litters. If a puppy cannot be mutually agreed upon, the Buyer agrees to forfeit their right to a puppy from these litters. No other compensation is offered by the Breeder or expected by the Buyer. After the requirements of paragraphs two (2) and three (3) have been completed or waived in writing, the Breeder agrees to sign the registration papers naming the Buyer as sole owner of this puppy. For the purpose of this contract, show/performance quality refers to a puppy that, when properly trained and socialized, is capable of successfully completing a conformation championship title and/or one or more performance titles. All puppies are eye tested by a licensed canine Ophthalmologist (unless at least one parent is certified CEA DNA normal ), wormed and given their first puppy vaccinations before they go to their new homes. The Co-owner may choose the registered name of the puppy, however, the Breeder s kennel name must precede any chosen name. This provision is invalid if this contract is executed after the puppy has already been named and registered with the AKC. If the puppy is to be shipped, all shipping charges will be paid by the Co-owner including, but not limited to, airfare and health certificate. An airline approved crate will be supplied by the Co-owner. The Co-owner will be expected to meet the flight and take immediate possession of the puppy. If the Co-owner is dissatisfied, the Breeder is to be notified and the puppy returned within 72 hours, freight and insurance prepaid. The Co-owner of a show/performance puppy agrees to obedience train said puppy through the equivalence of the AKC novice level by the time the puppy is 24 months of age and supply to the Breeder written documentation once completed. The Co-owner of a show/performance puppy further agrees to train and show, or have the puppy trained and/or shown, to earn its breed championship. Proper care, attention and love are also necessary for the puppy to mature mentally and physically. The Co-owner agrees not to breed said puppy before the puppy has been certified clear of joint problems (via OFA certification) and eye tested normal by a licensed canine Ophthalmologist within the current year. Co-owner will pay all costs of boarding, training and showing the puppy, including appropriate veterinary care. Co-owner shall obtain OFA hip and elbow clearances and eye examinations, and CL, CEA & TNS genotype testing once those become available. If the puppy is clear of CL, CEA and/or TNS by parentage, additional testing is not required. The Co-owner (or Owner, if the occurrence is after the Breeder has signed over full ownership) agrees that, if and when said puppy is bred, no resulting puppies will knowingly or intentionally be sold, transferred or furnished to any pet store, puppy mill or broker. Nor will any puppies be sold for export to China or any other country that does 2

3 not have animal protection laws. If this event happens, the Breeder may repossess the puppy. The Co-owner/Owner further agrees to have all puppies resulting from any breeding to this puppy eye tested by a licensed canine Ophthalmologist before the age of 12 weeks and report the results to the Breeder. The puppy eye testing is not required if one or both parents have been CEA DNA certified normal. Even after obtaining full ownership, Co-owner is encouraged to consult with the Breeder before breeding the female puppy. The Buyer is further encouraged to supply to the Breeder names, addresses and telephone numbers of all puppy buyers resulting from the breeding(s) of said puppy. This is requested to allow the Breeder to follow the youngsters progress as family pets, show competitors, etc. and to monitor their health and breeding program: thereby protecting their heritage. All puppies are guaranteed for two (2) years to be free from hereditary joint diseases (to be x-rayed by 24 months), free from temperament faults such as extreme shyness or snappiness, and free from hereditary defects such as PRA, heart murmurs and epilepsy. This guarantee is null and void as to joint diseases if the puppy was fed commercial puppy food past the age of four (4) months and/or if the puppy is doing competitive jumping before it has matured. This guarantee is null and void as to temperament if the puppy is not taken to training classes and given other socialization opportunities. If this puppy matures less than represented at two (2) years of age, the puppy will gladly be replaced. The Breeder requires only that the following procedures be met: 1) that the Co-owner supplies to the Breeder proof of the existing fault. This may be done by means of X-rays, two (2) independent veterinarians written reports, etc. And, 2) the Co-owner agrees to supply to the Breeder proof that the puppy has been spayed/neutered. The puppy will then be replaced with one of equal or greater value at the Breeders discretion and convenience. The Breeder will not be held responsible for any expenses incurred by the Co-owner for any reason, except as already enumerated above. If, at any time, the Co-owner decides to not keep the puppy the Breeder will have first option to take back the puppy, gratis. If the Breeder decides to not reclaim the puppy, the Breeder will be more than happy to assist in finding a good home for the puppy. A new contract that will protect the best interest of the puppy shall be executed between the Co-owner, the Breeder and the new owner(s), a copy of which is to be given to each party. If the Co-owner should die or become physically unable to care for the puppy, unless other arrangements are made with the Breeder in writing, the ownership of the puppy shall revert, and the puppy returned to the Breeder, gratis. (It is strongly advised that Co-owner s family and/or attorney be informed of this clause in the contract and be given the Breeder s name, address and telephone number.) If, at any time, the Co-owner is found to be abusive or fails to provide the most basic of care (including but not limited to providing fresh food and water daily, adequate 3

4 shelter and proper veterinary care), the Breeder may repossess the puppy. Co-owner knows and understands that the Breeder is an AKC judge. Co-owner agrees to never enter any dog that Co-owner owns at a show where the Breeder is judging so long as this co-ownership contract is in place. After the terms have been met and the Breeder signs off full ownership of the puppy to Co-owner, Co-owner may enter other dogs at shows where Breeder is judging. Co-owner understands and agrees that this puppy will never be entered at a show where Breeder is judging. Both parties agree that this contract is being entered into and is to be performed in the State of Indiana. This contract is to be interpreted under the laws of the State of Indiana. If litigation becomes necessary in order to enforce the terms of this contract, both parties agree to bring such litigation in the State of Indiana. Further, both parties agree that this contract satisfies minimum contacts with the State of Indiana, and therefore agree to be subject to the jurisdiction of the Courts of the State of Indiana. If litigation is brought in any other forum, the party bringing such action is liable for the cost of the other party s defense, including reasonable attorneys fees, regardless of the outcome of such litigation. In the case of any litigation brought in the State of Indiana to enforce this contract, the losing party shall pay reasonable attorneys fees and costs to the prevailing party. In the event of any problems or concerns I ask that you contact me by phone, letter or to discuss them. I want my puppy owners to be happy with their BonniDune Border Collies. MY INTEREST CONTINUES FOR THE ENTIRE LIFETIME OF YOUR NEW COMPANION (Rest of Page Intentionally Left Blank) 4

5 I/WE HAVE READ AND UNDERSTAND THE TERMS OF THIS CONTRACT; AND I/WE HEREBY AFFIX OUR SIGNATURES TO ACKNOWLEDGE AGREEMENT WITH ALL STIPULATIONS AS SPECIFIED ABOVE.. CO-OWNER (signed) BREEDER (signed) Name and address printed below: P.O. Box Indianapolis, IN (317)