Contract

 

 

 

Contract

Contract

Windy Acres Kennel

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Julie@WindyAcresShepherds.com

Walsh’s Windy Acres

Julie & Dean Walsh
3428 345th Ave
Cresco, IA 52136
Telephone: (563)547-4677
Email address: Julie@WindyAcresShepherds.com

Puppy/Dog Sale Contract

All deposits are transferable but not refundable.

Please date and initial the bottom of every page

Section One

Sale of Puppy/Dog

Seller, Walsh’s Windy Acres, agrees to sell and buyer aggress to buy a German Shepherd puppy/dog known as ______ and more fully described as ______________________.

Section Two

Warranties

Walsh’s Windy Acres warrants that it is the owner of and has good and lawful authority to sell the German Shepherd puppy/dog known as _____, whose blood line is set forth in the attached documents.

Section Three

Sale Price

The sale price is $______________ payable as follows:

$______________________ due upon the execution of this agreement, and the outstanding balance in the amount of $ _ is due upon the delivery of the puppy/dog.

Section Four

Inspection

The buyer agrees to take the puppy/dog to his/her veterinarian for a check up within two (2) business days of the purchase/receipt of said puppy/dog. If the puppy/dog is not taken to the buyers veterinarian with two (2) business days of purchase/receipt of said puppy/dog, any and all guarantees set forth in this contract are null and void.

Section Five

Breach of Agreement

In the event of the breach of this agreement, buyer agrees to pay all expenses of retaking, holding, preparing for sale, selling, and reasonable attorney fees and legal expenses incurred by Walsh’s Windy Acres in enforcing its rights under this agreement. Additionally, in the event the Buyer resells a puppy/dog or breeds a puppy/dog in violation of the terms and conditions set forth herein, Walsh’s Windy Acres shall be entitled to an award of liquidated damages in the amount of $5,000.00

Section Six

Puppy/Dog Guarantee

The guarantee is in effect until your puppy/dog is 2 years (24 months) old.

  1. Walsh’s Windy Acres guarantees that puppy/dog is, to the best of its ability, healthy at the time of sale.
  2. Walsh’s Windy Acres guarantees that the puppy/dog has been on a set de-worming program and is up to date on the proper and appropriate vaccinations. Walsh’s Windy Acres does not guarantee against parvo.
  3. Walsh’s Windy Acres will take puppy/dog back within forty eight (48) hours delivery and will refund the buyer’s payment (minus the $300.00 deposit).
  4. AKC or UKC Registration Papers:

Walsh’s Windy Acres will retain the AKC or UKC paperwork for the puppy/dog until it receives confirmation from a licensed veterinarian stating that said puppy/dog has been spayed/neutered. After Walsh’s Windy Acres has received confirmation of the fact that the puppy/dog has been spayed/neutered, it will send the AKC or UKC paperwork to the buyer at the address set forth on the purchase contract.

Please Note: Due to the fact that the puppy/dog should not be spayed or neutered until it is at least 2 years old, Walsh’s Windy Acres will not transmit AKC or UKC papers to the buyer prior to the puppy/dog attaining the age of 2 year old.

The only exception to this policy will be upon receiving confirmation from a licensed veterinarian stating that the puppy/dog has a medical issue that requires it to be spayed or neutered prior to its attaining the age of 2 year old.

  1. All puppies/dogs are sold on an AKC or UKC limited registration.
  2. Once the puppy/dog leaves Walsh’s Windy Acres, it is no longer responsible for any veterinary bills for said puppy/dog.
  3. Walsh’s Windy Acres guarantees the puppy/dog against severe hip dysplasia and Spinal Myopathy until the age of 2 years old (24 months). The terms and conditions of this guarantee are set forth in Section Eight below.
  4. All shipping/delivery, health certificate, crate and all other related expenses are the responsibility of the buyer.

Section Seven

Guarantee Rendered Invalid

The guarantee will be rendered invalid unless the terms and conditions set forth below have been followed by the buyer.

  1. The puppy/dog is taken to the new owner’s veterinarian for a check up within two (2) business days of purchase.
  2. The puppy/dog has been given NuVet and NuVet Joint for the first two (2) years.
  3. The puppy/dog has been fed a high quality food (not soy based) and not been subjected to an accident or injury that may have caused the condition. (A list of suggested qualified foods and supplements will be provided with each puppy/dog).
  4. The puppy/dog has not been sold to a second party or stayed with an owner other than the buyer stated on the agreement.
  5. The puppy/dog has been fed Science Diet or Iams at any time.
  6. The buyer must be in good standing with the American Kennel Club and the United Kennel Club.
  7. The buyer has not been previously or will ever in the future sell a puppy/dog to a pet store or to a puppy/dog broker.
  8. The buyer will register the puppy/ dog using Windy Acres, somewhere in the name, but may not use Windy Acres in the name of any puppy/dog resulting from said dog or any dog not purchased directly from Windy Acres.
  9. Said dog, Male or Female must have never produced a litter or all guarantees are null and void.
  10. If the puppy/dog is being shipped, this contract is to be signed and returned to Walsh’s Windy Acres within two weeks of the day the buyer takes possession of said puppy/dog or all guarantees are null and void, and the buyer will not receive any AKC or UKC papers. If this contract is mailed before the said puppy/dog is sent, it must be returned before the puppy/dog leaves Walsh’s Windy Acres or he/she will not leave until said contract is returned or the purchase price will be refunded and a new home will be found for said puppy/dog.
  11. If the buyer can no longer keep said puppy/dog, he/she is to notify Walsh’s Windy Acres first, so that the puppy/dog can be returned to Walsh’s Windy Acres. In the alternative, Walsh’s Windy Acres will help the buyer place the puppy/dog in an appropriate home. The Puppy/dog is not to be re-sold or given away without the express written consent of Walsh’s Windy Acres.
  12. If, for any reason, the breeder of Windy Acres German Shepherds retires from breeding, all guarantees on said puppy/dog will be null and void. The breeder and any family members or foster parents associated with Windy Acres German Shepherds will be released from any further obligations hereunder.
  13. Walsh’s Windy Acres does not guarantee conformation, size, height, color, coat type, eye color, breeding quality/fertility problems etc. There are no other guarantees written or implied except what is on this contract.
  14. The puppy/dog is not to be breed without the express written consent of Walsh’s Windy Acres.

Section Eight

Terms and Conditions For Replacement/Refund Due to Genetic Defect

These provisions are in effect until your puppy/dog is 2 years (24 months) old.

  1. Buyer must provide written statements, addresses & phone numbers from two (2) licensed veterinarians (from two separate clinics) of a genetic defect covered by this guarantee. Any and all statements and/or medical records on said puppy/dog from both vets must be provided to Walsh’s WIndy Acres and their veterinarian.
  2. Due to the increase of recalled toxic dog foods since 2004, all heart, kidney or liver diseases must be diagnosed in writing with an autopsy done by an experience pathologist at the time of death or euthanization of the puppy/dog. Further, a written statement by the pathologist stating that the heart, liver or kidney disease is genetic must be provided to Walsh’s Windy Acres.
  3. Walsh’s Windy Acres guarantees the puppies/dogs against severe hip dysplasia as long as NuVet supplements were administered for the first two years. Therefore a diagnosis fo severe hip dysplasia must be made by a veterinarian. Fruther, x-rays must be sent to the Orthopedic Foundation and statements on diagnosis must be provided to breeder from both the vet and the OFA. Unilateral hip dysplasia (one hip) is not guaranteed, this is an injury issue.
  4. If the dog is determined to have a genetic defect covered by this guarantee, then Walsh’s Windy Acres will replace the puppy/dog with another puppy/dog of equal or higher value or refund 50% of the purchase price. Walsh’s Windy Acres shall determine whether a replacement puppy/dog or refund of 50% of purchase price is appropriate. The buyer may keep the original puppy/dog.
  5. Under no circumstances is Walsh’s Windy Acres responsible for any veterinary bills, health care bills, toys, food, or training bills at any time after the puppy/dog leaves Walsh’s Windy Acres.
  6. Shipment and all related costs to shipping (crate, health certificate, etc.) of a replacement puppy/dog will be the buyer’s responsibility. If the buyer wishes to keep the puppy/dog with the genetic disease, AKC or UKC papers must be returned to Walsh’s Windy Acres. Said dog must be spayed/neutered, and the certificate of the dog being spayed/neutered supplied to Walsh’s Windy Acres. If puppy/dog is euthanized, a copy of euthanization statement must be provided to Walsh’s WIndy Acres, as well as the AKC or UKC papers.

Section Nine

Reduced Price Guarantee

Any puppy/dog sold for less than $1,000.00, will be sold under our reduced price guarantee. Our reduced price guarantee only applies to Section 6, Paragraphs 1 & 2 on Page 2. No AKC or UKC registration papers, replacement, or refund exists under the reduced price guarantee.

Section Ten

Assignment of Rights

The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

Section Eleven

No Waiver

The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue to remain in full force and effect as if no such forbearance or waiver had occurred.

Section Twelve

Paragraph Headings

The titles of the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.

Section Thirteen

Rules of Construction

Words used in this agreement in the present tense include the future tense as well as the present, the singular number includes, the plural, and the plural includes a corporation as well as a natural person.

Section Fourteen

Binding Effect

This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, administrators, and assigns of the parties.

Section Fifteen

Governing Law

This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa.

New Owner:________________________________________________________

CoOwner:______________________________________________________ Address: ______________________________________________________________
City: ______________________________________________________________
State: ______________________________________________________________
Zip Code: ______________________________________________________________
Telephone: _____________________________________________________________
E-mail Address: _____________________________________________________________
Sire: _____________________________________________________________
Dam: _____________________________________________________________

Puppy or Dog Age: _______wks Litter or Registration #: _______
Color: _____
Sex: _______
DOB: _______

Purchase Price: ______
Date of Sale:_________

Special Conditions of Sale:_________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

I agree to conditions of this contract and will abide by it to the best of my ability.

*Buyer must return this guarantee or understand that no guarantee exists on this puppy/dog if this puppy/dog if this guarantee is not signed, agreed to and returned to Walsh’s Windy Acres with TWO WEEKS of purchase/possession of puppy/dog nor will any AKC or UKC papers be provided to the new owner. Contract MUST be signed and returned to Walsh’s Windy Acres by SIGNED RECEIPT ONLY (SIGNATURE REQUEST)!!

Buyer ________________________________________
Date ________

Walsh’s Windy Acres ___________________________
Date ________


	
    


	
	

    

    











			



 





	

















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