4. If a dog that is subject to this contract is bred or becomes pregnant prior to 24 months of age and/or without OFA Certification, this contract becomes NULL AND VOID. If the dog is spayed or neutered before 24 months of age the Hip Warranty is Null and VOID. Spay and neutering before 24 months of age does not allow the animal to reach full gender development effecting the hormone levels needed and may lead to the improper growth and development of healthy hips and joints.
5. NO WARRANTIES ARE GIVEN FOR THE TEMPERAMENT OR THE FITNESS OF THE ANIMAL FOR ANY
SPECIFIC INTENDED PURPOSES
6. Reproductive development and capability is not warranted.
7. This contract applies to the Original Purchaser and is Non-Transferable.
8.If the puppy/dog that is the subject of this contract ever shows evidence of neglect or abuse at any time during its life, ownership and title to the said puppy/dog will revert immediately to the seller. ( Abuse and neglect will be determined by governing agencies ie; Law Enforcement or Animal Control Agencies ) In the event buyer can no longer keep the puppy/dog the breeder will be notified and has first right of refusal. This puppy /dog in its lifetime will never be given away or sold without first contacting the breeder. The puppy will never in its lifetime be relinquished to an Animal Shelter, Humane Society, Dog Pound or Animal Rescue Facility or any other type of animal relinquishment facility for any reason. In the event buyer does not comply with this agreement the seller may be awarded up to the original purchase price of the animal in addition to the cost for recovery of the animal including legal fees, and transportation expenses.
9. The Buyer is responsible for ALL cost of shipping and/or transportation including but not limited to crate, health certificates, Airfare, and transportation to and from Vom Banach K9. This applies to both the original
purchase or a replacement puppy.
10. The Buyer agrees any puppy or dog purchased from Vom Banach K9 will never be tied out or traveled in any way in the open back of a vehicle or bed of a truck. Buyer is aware that any such act will be considered animal cruelty and willful endangerment and will result in prosecution by governing agencies.
11. This contract is agreed upon by both Buyer and Seller and Both will retain a copy for his/her records at the time of final sale.
12. The Purchaser hereby releases the seller from any and all liability arising out of the sale, raising, or training of the above mentioned puppy/dog. The purchaser further expressly agrees to indemnify and hold harmless the seller with respect to any alleged liability or liabilities that the seller may be charged with including the tendering of defense to the seller , by the purchaser in the event litigation by reason of the activities raising or training of the dog/ puppy.
13. The Buyer agrees the above mentioned puppies name shall include on any and all registries submitted to AKC or other clubs and memberships the name ending in VOM BANACH. This name will be included in all entries to any clubs or organizations and for recognition of titles received. If the buyer Registers this puppy with AKC and does not include VOM BANACH in the registerd name this contract will become NULL and VOID.
X ( Buyers initials)
14. ANY AND /OR ALL CONTROVERSIES AND/OR DISPUTES ARISING UNDER THIS CONTRACT ARE SUBJECT SOLELY AND EXCLUSIVELY TO THE LAWS OF THE STATE OF WASHINGTON
15. THE PURCHASER HAS READ ALL OF THE FOREGOING AND UNDERSTANDS AND AGREES WITH THE ABOVE PROVISIONS, AND ACKNOWLEDGES A RECIEPT OF A COPY OF THIS AGREEMENT.
16. ADDENDUMS/ IF ANY ______________________________________________________________
BE IT KNOWN for good consideration and payment for the sum of $______________.00 ( Full Price of Puppy )
( ____________________________Dollars 00/100 ) Not including additional charges for Shipping, Airfare, Crate, Health Certificate, Transportation to Seattle Sea-Tac International Airport if required. The receipt and sufficiency of which the undersigned Julie A. Marlow of Vom Banach K9 German Shepherds, Port Orchard Washington(SELLER) Hereby sells and transfers the following:
German Shepherd Puppy: Male/ or Female (circle one) or Either
Date of Birth ______/______/___________ Date of Transfer _______/_______/______________
Deposit Amount $_______________/00 and Terms if any. Absolutely NO CASH REFUNDS will be given for any reason. DEPOSITS are Non-Refundable. No Exceptions! All puppies must be paid in full by 5 weeks of age. If payments are not made in full the SELLER reserves the right to make the puppy available for sale and the received deposit will be forfeited. If for some reason you must transfer your deposit to another litter, notice has to be given to the breeder in writing by the time the puppy is 4 weeks of age. Otherwise it is non-transferable and considered liquidated damages for not allowing the breeder ample time to have placed the puppy within a reasonable time period. If for any reason a puppy remains after 8 weeks of age because a buyer cannot accommodate a reasonable shipping/delivery/ or pick up date set forth and agreed to buy the buyer and seller, boarding fees at a rate of 20.00 per day will be charged.
X________ ( Buyer Initials)
If arrangements for shipping are not satisfied upon the agreed dates the puppy will be considered abandoned. Seller reserves the right to then re-sell the puppy and any remaining balance/funds received will be forfeited as deemed necessary by the seller as liquidated damages. No Refunds will be given for any reason. If the Buyer chooses to transfer his/her deposit, ONLY one transfer will be permitted per deposit and must be used within a 6 month time period or be forfeited.
X________ ( Buyer Initials)
Personal Checks, Cashiers Checks or Postal Money orders will be accepted for payments for deposits. Final Payments may also be made in this form within 14 days prior to final sale. FINAL PAYMENTS are to be made by the time the Puppy is 5 weeks of age. A copy of of Photo ID/State Issued Drivers License will be required by all buyers requiring shipping and must be accompanied with Final Payment.
X________ ( Buyer Initials)
The Seller Warrants to the Buyer:
1. The Puppy will have had first vaccine and will be wormed as well as microchipped. The Original Medical record will be provided for your puppy. As of the date the Buyer receives the puppy, the puppy is Guaranteed to be in good health and free of communicable diseases. The Buyer has 48 hours within acceptance /delivery of the puppy to have the puppy examined at their own expense by a Licensed Veterinarian. Any claims must be made available to the breeder in writing at that time. Verification by a signed copy of a veterinary statement and proof of records will be required for any claims made against the health of the puppy. All veterinary records will be made available to the breeder in such an event.
2. The puppy will be free of crippling canine genetic hip dysplasia for the first year of life. ( Genetic crippling canine hip dysplasia is present within the first 12 months of age and can be seen by X-rays, Genetic canine hip dysplasia will be present in both hips and not just one. Subluxation or unilateral H/D (present in one hip only) is NOT WARRANTED as this may be as a result of injury, dietary deficiency and over exertion during pertinent puppy raising time and development which is the responsibility of the owner and not the fault of genetics or the breeder. ) The puppies hips must be x-rayed by a Licensed or Certified Orthopedic Veterinarian,who is skilled at producing and positioning views for OFA evaluations at 1 year of age and without the use of sedation or anesthesia. X-rays taken or submitted before the 12th month from the date of birth will not be of consideration. The preliminary films must be dated and submitted to OFA at 1 year of age and within 30 days from the 1 year date of birth on your AKC Certificate.. A duplicate copy of the x-ray on a CD disk or duplicate film will be submitted to the breeder by mail in addition to OFA..
X_________ ( Buyer Initials)
3. The Seller guarantees that the puppy will certify with OFA at no sooner than 24 months of age as excellent, good or fair. This guarantee is binding only if preliminary hip x-rays were done on the puppy as directed in section 2 of this contract. As well, the 24 Month Certifying OFA x-ray evaluations are also to be performed by a Licensed or Certified Orthopedic Veterinarian,who is skilled at producing and positioning views for OFA 24 month evaluations without the use of sedation or anesthesia. A duplicate copy of the x-ray on a CD disk or duplicate film will be submitted to the breeder by mail in addition to OFA. Dysplasia caused by obesity, dietary deficiency, raw feeding, or over exertion and other preventable reason is NOT WARRANTED. Replacements on any puppies who are sold on either a Limited or Full Registration are limited to one replacement puppy per Original sales Agreement, of the breeders choice and from the soonest available litter.
If the hips do not certify as excellent, good, or fair by the above terms and conditions of the hip warranty coverage and no other film is required by OFA, a puppy from a subsequent litter, of breeders choice and of equal value will be made available to the buyer. The buyer will provide to the seller proof of spay/neuter as well as all AKC papers with signed transfer of ownership back to the seller prior to receiving a replacement puppy. ( We DO NOT require that you return your puppy, only proof of Spay or Neuter within 30 days of your dated letter of OFA results and return of AKC paperwork.) Any puppy sold on a limited Registration, or reduced price will be replaced only at half of the original value and only if a signed Hip warranty was given at the time of sale. The buyer will be responsible for any differences in the price of the replacement puppy from any litter above this amount.