FULL REGISTRATION CO-OWNERSHIP
CONTRACT OF SALE
Breed: BLACK RUSSIAN TERRIER
Registered Name:
Date of Birth: , 20
Sex:
Color: BLACK
Sire’s Name:
Registration Number (CKC):
Registration Number (AKC):
Dam’s Name: AKC & CKC. Ch. Kalinka’s Joyau Noir
Registration Number (AKC): WS22817210
Registration Number (CKC): MSC000004174
AKC litter registration number:
The above described dog is sold by Shelley Germann Kapeller the current owner and breeder of the dog.
Purchase PRICE: $3,000.00 plus the shipping cost:
SELLER/BREEDER:
Name: Shelley Germann Kapeller
Address: P.O. Box 1315, Okotoks, AB. T1S 1B3
Tel 403 606-0954
e-mail: brtjewels@yahoo.com
BUYER INFORMATION
Name(s):
Address:
Tel:
E-mail:
Signatures: Seller/Breeder _______________________________Date
Buyer _________________________________Date
HEALTH
The dog described above was sold in good health, free from communicable diseases (as well as can be visually determined,) and has been immunized and wormed up to the date sold.
At the time of sale said dog showed no signs of hereditary faults such as hip dysplasia or hereditary cataracts. Furthermore, reasonable precautions have been taken to prevent this puppy from acquiring hereditary faults.
The health of this dog is guaranteed for three (3) working days. The Buyer has 3 days to have an examination completed by a veterinarian at the expense of the Buyers. If the veterinarian determines the dog to be ill, or for any reason is unacceptable, the Buyer may:
1. Return the puppy for a full refund (minus shipping and handling costs) provided it is in the same condition as at the time of purchase and the dog and any legal papers are returned within three working days, or
2. Get a replacement dog with next available like prospect or mutually agreeable dog,
If the puppy is returned due to illness, written verification of illness must be provided by a veterinarian. This includes death or illness from any health conditions deemed present prior to removal of the puppy from the Sellers’ premises.
The Seller/Breeder will not be held liable for any damage or injury caused by negligence or accident while the said dog is in possession of the Buyers.
The Seller/Breeder will bring to the attention of the purchasing party any specific health or behavioral problem of which they are aware. It is understood that the Seller/Breeder do not in any way warrant or guarantee that no other problems will occur with the dog and it is agreed, that the Breeders shall not be liable for any problems or damages incurred by or to the dog while in the possession of the Buyer(s).
REGISTRATION
The Seller/Breeder agree to provide the Buyers with copies of registration and pedigree papers naming the Buyers as registered owners of the dog with the Seller/Breeder with the appropriate club or organization to which registration of the breed is made within six (6) months from delivery.
BREEDING
Although this dog has been purchased with full AKC and/or CKC registration (or capability to be registered in either or both clubs), and is eligible to enter bench competition, no warranty is made or implied that this dog will win in the show ring or will be suitable for breeding.
It is agreed that should the Buyers decide to breed said dog, the Buyers shall be bound to the following:
1. The said dog shall be a minimum of 24 month of age.
2. The said dog must apply and receive number certification from the Orthopedic Foundation for Animals (OFA) to be clear of Elbow Dysplasia and Hip Dysplasia with a minimum rating of Borderline and such documentation must be posted on OFA official web site.
3. The said dog shall obtain “Normal” CERF evaluation and Normal rating by a certified veterinarian Cardiologist and such documentation must be posted on OFA official Website
4. The Buyers shall obtain a letter from his/her veterinarian stating that the dog has not been diagnosed or treated for a defect of a hereditary nature (including but not limited to diabetes, thyroid disease, autoimmune disease, or epilepsy) and the vaccination record must be up to date.
5. The said dog must have achieved a minimum of a Conformation Championship title and/or a working title such as Companion Dog (CD), Draft Dog (DD), Rally O advanced, Schutzhund I (IPO I or VPGI) and such achievement is documented by a recognized Kennel Club.
6. The co-ownership is established to reserve all breeding rights to BRTJEWELS kennel, to insure the adherence to our breeding program. The said dog shall be bred under BRTJEWELS Kennel name and shall be bred by a stud which is approved by the breeder/co-owner and /or mutually agreed upon by the buyer and the breeder/seller/co-owner.
· All financial obligation to the above said dog such as the raising, feeding, showing, training, vet bills and all other expenses to be assumed by the buyers.
· The Buyers agree that this dog will be only bred to Black Russian Terriers that:
· Are CKC and/or AKC registered;
· Meet the requirement of improving the breed and not for profit;
· Are parasite free and free of brucella canis at least seven (7) days prior to breeding;
· Have like clearances, titles, of good temperament, and no disqualifying faults.
7. The Buyers of this dog, if eventually bred, should be responsible of all puppies produced for said dog’s lifetime. Furthermore, the Buyers agree to use a sale contract, and to give their best effort to screen potential homes and thoughtfully place puppies in good homes and that puppies will not be leased, consigned, auctioned, sold or given to any pet shop, puppy broker, puppy mill or other commercial enterprises for resale or breeding purpose.
Signatures Seller____________________________Date
Buyer_________________________Date
8. The Seller/Breeder/Co-owner will not assume any financial responsibility for above said dog
9. The Seller/Breeder/Co-owner reserves the right to show the above said dog in Conformation shows in Bred by Exhibitor Class
If said dog is bred for any reason contrary to the terms agreed upon in this contract, the Seller shall have the right to reclaim possession of said dog without compensation to the Buyer. The Breeder / seller reserves the right to initiate and pursue legal or disciplinary action if there is a breach of the terms of this contract.
BUYERS AGREE THAT IF, FOR ANY REASON, THERE WILL BE AN ACCIDENTAL (UNPLANNED) BREEDING, THEY WILL CONTACT AND NOTIFY THE BREEDER AS SOON AS POSSIBLE.
BUYERS
The Buyers agree to defend and hold harmless the Seller/Breeder for all charges of liability to any persons due to the action of the above dog.
The Buyers agree and bind themselves to take good and reasonable care of the dog, house the dog properly, control the dog on lead when off the premises, and to house and control the dog properly on premises to avoid loss by theft, running away or otherwise, and promptly to give or secure the best of veterinary attention to the physical welfare of the dog at their own expense.
The Buyers agree that it is their responsibility to ensure that the dog purchased from the Breeders obtains all the proper training and care to ensure the dog becomes a good canine citizen and that they agree to the recommendation from Breeders to put the dog through a series of dog obedience classes on a regular basis to help socialize and train the dog to become a good dog citizen.
The Buyers attest that nether he/she has never been accused of animal cruelty or similar accusations.
The Buyers agree that Seller/Breeder shall have the right of first refusal if the dog is to be sold or disposed of in any way. If the Seller does not wish to acquire the dog, the Seller will assist the Buyer with placement of the dog and must be made aware of dog’s new location.
The Buyers agree that neither this dog nor progeny of this dog shall be used for purposes of vivisection and progeny shall not be sold by or through any commercial or wholesale establishment, any chain store, catalogue sale house, pet store, or “puppy mill”.
The Buyers agree that the death or loss or destruction of the dog from any cause whatsoever must be documented in the event of death a signed affidavit from the attending Vet giving the cause of death will suffice as legal proof of death. In the event of loss or destruction for whatever reasons, a signed affidavit from the Buyers explaining the circumstances of the loss or destruction will suffice as well as proof that the above-described dog’s registration papers is returned to the Seller/Breeder noting the dog’s death, loss or destruction. Such proof will release the Buyers from the remaining conditions of this agreement.
Signatures: Seller ________________________ Date
Buyer ______________________ Date
GUARANTEE
The Seller/Breeder hereby guarantees against the following:
1) Clinical symptoms of DISPLASIA. If, Prior to the age of eighteen (18) months the ABOVE NAMED Black Russian Terrier is found to be crippled from hip dysplasia, resulting in clinical symptoms requiring corrective surgery or euthanasia (i.e. lameness). If the Seller/Breeder, at their option and expense wishes to provide a Penn Hip to determine the health between sixteen (16) months and eighteen (18) months , the Seller/Breeder shall be released from any further guarantee or replacement upon a passing of the Penn Hip as satisfactory. Otherwise, the Seller/Breeder agrees to provide replacement as per the Replacement Policy as it appears below. This guarantee does not apply to any damage, neglect or injury caused by negligence or accident.
2) Inherited eye disease, diagnosed and documented by the Board of Certified veterinary ophthalmologist if it occurs prior to the age of twelve (12) months.
This dog will be replaced, subject to the conditions as stated below, would it be diagnosed in writing by a qualified veterinarian (unless otherwise specified) that any of the above conditions exist prior to the dog reaching the age of eighteen (18) months.
Replacement Conditions:
1. If the Buyer returns the said dog to the Seller/Breeder, the Seller/Breeder will provide a replacement puppy of a similar quality at no cost to the Buyer, except shipping cost.
2. If Buyer keeps the said dog, the Seller/Breeder will provide a replacement puppy of similar quality at a cost of 50% of the regular purchase price plus shipping cost.
3. No cash refunds will be made under any circumstances.
THIS REPLACEMENT POLICY APPLIES ONLY TO THE ORIGINAL BUYERS.
TEMPERMENT GUARANTEE
The Black Russian Terrier is a working dog which forms part of the working group in both the Canadian Kennel club and the American Kennel Club. Thus the dog subject of this agreement must be considered as a working dog. The seller guarantees that if the dog is not trained, exercised and socialized on a regular ongoing basis that the working blood will cause the dog to exhibit poor behavior and could potentially become dangerous. As such the buyer hereby agrees that they shall train the dog and cause it to work in some form; that the dog will be exercised daily according to the needs of a working dog; that the dog will be regularly socialized and taught how to behave in public and towards other people and dogs in a socially acceptable manner.
Signatures: Seller ________________________ Date
Buyer ______________________ Date
JURISDICTION and DISPUTES
This agreement is mutually stipulated to have been entered into in Calgary, Province of Alberta, Canada, regardless of the place where it was signed. Buyers and Breeders agree that the proper venue for any legal action taken to enforce the terms and conditions of this agreement shall lie in Calgary and that this agreement shall be interpreted in accordance with the laws of the Province of Alberta.
I (we), the undersigned, agree to purchase this dog under the terms of this agreement and understand and accept all the terms and conditions described above.
Signed this__ _day of________ ,20 , in_____________,______,_______________
(City) (Prov/St) (Country)
Seller/Breeder: __________________________ Witness: ________________________
Signed this___ day of________ ,200 , in_____________,______,_______________
(City) (Prov/St) (Country)
Buyer: ____________________________ Witness: ____________________________
Buyer: ____________________________ Witness: ____________________________