ACCLAIM AUSTRALIAN SHEPHERDS  

Della and Harvey Brock  -  35434 Pontiac Dr.  -  Brookshire,   TX   77423  -  (281) 375-5936

CONTRACT OF SALE

SELLER: _ DELLA and HARVEY BROCK_________­__________

 

KENNEL NAME: _ACCLAIM AUSTRALIAN SHEPHERDS______

Phone _281.375.5936 / _832.573.2186 Cell_____ E-Mail _dellab@acclaimaussies.com_   

Website URL   www.acclaimaussies.com

 

Address: __35434 PONTIAC DR., BROOKSHIRE, TX 77423___

PURCHASER: __JOHN & MARY SMITH________________________________

 

KENNEL NAME: ___N.A.______________________________________


Phone: __123.456.7890 Home /                  Cell /                      Wk__  E-Mail _jnmsmith1@my-email.net_

 

Address: ___2222 DOG LOVERS LANE, HOMETOWN, TX  77777___________


TERMS OF
SALE:
A.   Outright Purchase / WORKING - SHOW (     )

B.   Co-ownership - Unconditional / WORKING - SHOW (     )

C.   Co-ownership - Conditional / WORKING - SHOW (     )

D.   Outright Purchase / PET – COMPANION ( XXX )

 

Date of Sale: ___01/01/06__________ Date of Delivery: __01/02/06____ PRICE: _$_XXX.00___(US)_

PAYMENT / DATE:  Deposit : _$0.00_ Rec’d: _$0.00 _Balance:_$XXX.00__ (Due on delivery)
 
Paid in full?  [Yes]  / 
[No]  Payment Terms or Qualifications     __                                       ____.

 

This contractual agreement is between __DELLA and HARVEY BROCK______, hereinafter referred to as "SELLER" or “BREEDER” and ___ JOHN & MARY SMITH ___________________, hereinafter referred to as “PURCHASER", for the sale and purchase of One (1) purebred Australian Shepherd.  {PUP’S NAME}

In consideration of a purchase price of __                      Dollars & No / 100’s_________,  the breeder transfers in fee simple all rights, privileges and responsibilities associated with the ownership of a  (highlight or circle one) MALE / FEMALE, (highlight or circle one) BLACK-TRI / RED-TRI / BLUE MERLE / RED MERLE dog of the Australian Shepherd breed, to PURCHASER as of the date and time specified above. This contract represents the entire agreement between SELLER / Breeder and PURCHASER in an  (highlight or circle one) OUTRIGHT / CO-OWNERSHIP / LIMITED REGISTRATION sale.  The PURCHASER agrees that they are responsible for all shipping and transportation costs, if applicable, to be remitted to the SELLER - BREEDER prior to the shipping of the dog, if applicable.  Personal checks will be accepted for deposit consideration. The remaining balance must be paid by cashiers check or money order, unless otherwise previously agreed to by SELLER.

Use of the Dog:
It is agreed between SELLER and PURCHASER that this dog is being acquired as, a WORKING / SHOW dog [A, B, or C], to be used for tasks appropriate to its breed, or as family companion dog [D]. Appropriate tasks include Herding, Search & Rescue, Therapy, Exhibition in Conformation, Obedience, Frisbee, Fly-Ball, Tracking or Agility Competitions.

 

PURCHASER agrees that the dog is not being purchased for resale, nor will it be used or trained for activities which are illegal, or for which it is not suited by reason of temperament, or conformation. Specifically it will not be used as a guard or attack dog, to hunt or fight other animals, or be used in scientific experimental research.

 

SELLER reserves the right to breed the dog, or collect semen, no more than Five (5) times, free of charge, to / for any bitch the SELLER either owns, co-owns, or leases, at any time after his Championship is received.

 

SELLER reserves the right to show the dog in CONFIRMATION / Bred-by-Exhibitor Competitions when mutually agreed by both parties.

 

Health:
The breeder warrants the dog to be in good health at the time of sale. Furthermore, the breeder warrants that both the sire and dam's hips have been X-Rayed and evaluated by the Orthopedic Foundation for Animals (OFA) in the United States, Penn Hip method, or by the appropriate certifying body in "Country of Origin", and have been found to be of the grade of "Good" or better by the Orthopedic Foundation for Animals (or the equivalent grade in Penn-Hip or country of origin), and are free of canine hip dysplasia [contingent upon proper weight maintenance], and that their eyes have been examined by a veterinary ophthalmologist and certified to be free from inherited eye disorders at the time of the examination.

 

SELLER strongly encourages PURCHASER to have the dog examined by a Veterinarian, of PURCHASER's choice, within 72 hours of picking up the dog. Said dog may be returned to the SELLER for any reason within the 72 hours following purchase. If the dog is returned in the same physical condition it was delivered in, and has not been exposed to contagious diseases, the PURCHASER will then be entitled to a refund of the original purchase price, but not to include transportation and Veterinary costs.

In the event of emergence of any genetic disorder, which is sufficiently serious to prevent the animal from fulfilling its represented role to the PURCHASER, the PURCHASER may:

A.  Return the puppy or dog, in its original condition, and receive a replacement of equal quality, at the SELLER’s discretion, from a future litter, within two (2) years of the return date.
B.  If sold as Show Quality, PURCHASER may spay / neuter and keep the dog, and SELLER will refund the difference between Pet and Show purchase prices, as determined at the original time of sale.
 
The PURCHASER agrees that all shipping and transportation costs of the replacement pup, are PURCHASER’s responsibility, and no animal will be shipped without these costs being remitted to the SELLER first.

Once the dog has been bred under any circumstances, the guarantee will be considered fulfilled, and SELLER will have no further obligations to PURCHASER.


Breeding:
Prior to PURCHASER breeding this dog the following conditions must be met:

 

1.       The dog must have reached three (3) years of age.

2.       The dog’s hips must be x-rayed and must be OFA certified.

3.       The dog’s eyes must be examined by a certified veterinary ophthalmologist, determined free of inherited eye defects, and registered with CERF, within six (6) months prior to breeding.

 

If the above animal is bred to another animal, which is not OFA certified at the time of breeding, and / or has not had its eyes certified normal within Six (6) months prior to breeding, this guarantee is null and void.

 

Registration:
The SELLER certifies that the dog is eligible for registration under the Regulations of the American Kennel Club and of the Australian Shepherd Club of America, as a purebred Australian Shepherd, and will provide the proper forms for such registration. The SELLER reserves the right to affix the kennel name(s)_____ACCLAIM_________________ and supply a registry name for the dog.  No other kennel name shall be affixed or appended to this dog’s registry name, unless expressly permitted by SELLER.

 

For Co-ownerships - Conditional / WORKING - SHOW, SELLER agrees to transfer sole ownership to PURCHASER either when a). the dog / bitch completes their Championships, and has all required clearances, or b.) is spayed  / neutered as mutually agreed by both parties.

Dogs purchased as a Family Companion / Pets, will only be provided Limited Registration papers.

 
Ownership Responsibilities:
1.    PURCHASER agrees to maintain the dog in a humane environment and properly train and care for the dog. Specifically, the dog will be legally licensed and inoculated against rabies, distemper, parvovirus, and other communicable diseases as recommended by a qualified licensed veterinarian.

2.    PURCHASER agrees to maintain the dog on a commercial Heartworm preventative on a schedule recommended for the specific region in which the dog will reside. Under no circumstances will the dog or puppy be administered liquid Ivermectin, either orally or by injection as a means of heartworm preventative.
3.    PURCHASER agrees that the dog will not be allowed to roam on neighboring properties and will be confined in a secure fenced area when unattended.
4.    PURCHASER agrees to ensure that the puppy will be socialized with other animals and humans.
5.    PURCHASER agrees that he / she is not acting as an agent of, nor will the PURCHASER in turn sell this dog or it's progeny to any pet store, dealer, wholesale outlet, known puppy mills, anyone intending to breed for commercial resale, guard dog business, or research facility.

6.    PURCHASER agrees to keep SELLER notified of current phone number(s) & addresses, including email, as well as dog’s titles earned, or accomplishments.

7.       PURCHASER of family companion / pet dogs agree to train the dog in basic obedience skills, and to attend at least One (1) basic obedience course, with the dog.

8.       PURCHASER agrees to provide SELLER with digital photos of dog, AT LEAST ONCE PER YEAR, which SELLER may proudly display on ACCLAIMAUSSIES.COM website, if SELLER so desires.

 

Spay & Neutering:
Dogs purchased solely as Family Companions - Pets must be Spayed / Neutered before Nine (9) months of age. If both parties agree to this option in lieu of a temporary co-ownership or other arrangements, initial here:_____________________

Show Quality Dogs:
The SELLER will use his best judgment in evaluating the show or pet quality status of the represented dog.  Due to the numerous circumstances involved in campaigning, maintaining and showing a dog, we will not guarantee that a "Show Quality" dog or puppy will be successful in the show ring as an adult, and no warranties are made to that effect.

 

The SELLER requires PURCHASER to participate in the sport of purebred dogs, and may be available to assist and mentor PURCHASER(s) in preparing and exhibiting dogs, which are evaluated to be of show quality.  If PURCHASER chooses not to exhibit / show the dog themselves, PURCHSER agrees to hire a handler.  In those instances when feasible, or previously agreed by both parties that SELLER is to exhibit the dog, PURCHASER shall pay all entry fees & expenses.

 

First Right of Refusal:
Should PURCHASER ever offer dog / bitch for sale, trade, or co-ownership, SELLER shall have the first option to repurchase.


Right of Recovery / Placement:
In the event that the PURCHASER's are unable, or unwilling, to keep the dog or provide an appropriate home in accordance with this agreement, due to any reason, including the death of the PURCHASER, the dog will be offered to the SELLER first. PURCHASER agrees he will not abandon the dog to a shelter, but shall contact the SELLER to assist in acting as agent to re-home the dog in an approved environment.  In the event the dog is returned, the SELLER is under no obligation to refund any part of the purchase price. Both AKC and ASCA registration papers will be supplied and signed over to the Breeder upon surrender of the animal.

 

Enforcement:

Any breech of this contract by PURCHASER shall be subject to a $5,000.00 fine, enforceable by the applicable laws of, and in, the State of Texas.

 

Special Conditions:

 

[   ]  This bitch is being sold with the expressed condition of One (1) Puppy, Second Pick, coming back to SELLER in consideration for payment-in-full.


[   ]  Other conditions . . . . .

 

 

Agreed to this __1ST _______ day of __JANUARY_____, __2006____



 

 

Signature of SELLER (s):            ____________________________________

 

                         ____________________________________

 

 

Signature of PURCHASER (s):  ____________________________________      

 

        _____________________________________