PURCHASE AGREEMENT
(This is a legally binding contract-seek legal advice
if you do not understand any portion herein)
THIS PURCHASE AGREEMENT, made
this____________ day of _____________________________, 200___, by and
between ASBURY GREAT DANES (BREEDER)
AND
_____________________________________________________________________________________________________________
(PURCHASER)
regarding the sale of the following dog as
a_________________________________________________________________________
TERMS OF
The above-referenced dog is being sold to the purchaser(s)
under the following terms and conditions.
THE PURCHASE
PRICES STATED BELOW ARE NON-REFUNDABLE (see below warranties for exceptions):
LIMITED REGISTRATION WITH COMPANION QUALITY WARRANTY:
$___________________.
This dog is being sold with an
To do so will null and void this contract. This registration can be upgraded to a full
AKC registration by the BREEDER in the event the said dog proves to be worthy
of producing and/or being shown in conformation events. Breeder will process the upgrade upon the
payment of $__________and an evaluation of the said dog. See below for warranties applying to all
dogs.
This dog is being sold with an
WARRANTY APPLYING TO ALL DOGS:
The health of the above-referenced dog is warranted
against genetic diseases which by determination of a competent veterinarian
would lead to the premature (before 4 years of age) authorization/death of the
said dog. The health of the
above-referenced dog is also warranted against any immunized disease for which
the breeder has obtained such immunization with the exception of parvo virus
and heartworms. See exclusions for this
warranty itemized below.
WARRANTY APPLYING TO SHOW/BREEDING QUALITY DOGS ONLY:
The above-referenced dog is warranted to be free of any
disqualification faults as enumerated in the Great Dane Club of America breed
standard, and is also warranted to be free of any genetic and/or breeding
defects (i.e. hip dysphasia, bad bites, retained testicle, or failure of any of
the required breeding tests enumerated in Item (4) of the following paragraph,
etc.). Due to the fact that the success
of a dog as a show dog is dependent on training, conditioning, environmental
influences, and financial constraints, the parties hereto acknowledge that
breeder cannot and does not make any promise, implied or otherwise, that the
said dog will be competitive in
BREEDING REQUIREMENTS FOR SHOW/BREEDING QUALITY DOGS:
(1) No bitch will be bred prior to the
age of two years.
(2) No bitch will be bred back to back
meaning from one heat cycle to the next.
(3) No male will be bred prior to the
age of 18 months.
(4) Before being bred, all breeding
dogs (male or female) will be health tested in accordance with the guidelines
set forth by the Great Dane Club of America, specifically: x-rays to clear the
dogs of hip dysphasia, examination by veterinary ophthalmologist to clear the
dog of any inherited eye disorders; blood draw for thyroid function evaluation
using OFA guidelines; and examination by veterinary cardiologist to clear the
dog of any inherited heart defects.
(5) All breeding partners of the said
dog will also be in compliance with Item (4) above.
(6) Breeder keeps a RIGHT OF REGARD on
the first TWO BREEDINGS of said dog, therefore, no breeding will be allowed
without the written of verbal authorization from the breeder.
(7) No bitch will be allowed to whelp
more than three litters during her lifetime and will not be bred after the age
of six. If the bitch undergoes a
c-section for delivery she will be allowed to whelp no more than two litters in
her lifetime.
(8) Any progeny resulting from a
breeding of this dog will be sold on limited
(9) Any progeny resulting from a
breeding of this dog will not be sold to any broker, pet store, or puppy mill
(puppy mill is defined for the purposes of this contract as any breeder who
maintains and breeds more than two different breeds of dogs).
NOTE: any revisions or amendments to this paragraph
will be solely at the discretion of the Breeder
ANY VIOLATIONS OF THIS PARAGRAPH
WILL RESULT IN A LIQUIDATED DAMAGES $2000.00 PER PUPPY PRODUCED BY THIS DOG
PAID BY THE PURCHASER TO THE BREEDER.
STUD RIGHTS RETAINED ON SHOW/BREEDING
QUALITY MALES:
If the subject of this contract is
a male dog, Breeder reserves the right to use the said male for breeding to a
female of Breeders choice. Breeding for
purposes of this paragraph shall be defined as either:
(1) Three natural breeding for the
duration of one female’s singular breeding cycle.
(2) Collection of the male for purposes
of fresh or chilled artificial vaginal or surgical insemination.
(3) Collection of the male for purposes
of freezing the said semen for use by the Breeder at a later date (Breeder
shall be the owner of the semen).
All costs associated with the
breeding to include health certifications of the male, veterinarian costs for
collection and/or insemination shall be borne by Breeder. Purchaser will not receive a stud fee and purchaser agrees to make the male available for
all such health certification and breeding/collections.
EXCLUSIONS FROM WARRANTY:
This warranty will be null and void
in the following instances:
(1) For a period of two weeks following
any immunizations.
(2) If you board your dog in a public
boarding facility prior to the age of six months.
(3) For any nutrition related disorders
(i.e. OCD, HOD, panosteitis, etc. –see care information attached hereto).
(4) Bloat in dogs over eighteen months
of age.
(5) Death caused by heart disease in
dogs over four years of age.
(6) Hypothyroidism and any related
disorders.
(7) Temperament
(8) If you spay or neuter your dog
prior to the age of maturity (in females – first season, in males – fourteen
months of age).
(9) If your dog is immunized in any way
inconsistent with the breeder’s vaccination schedule provided at time of sale.
(10) Death by virtue of any surgery or
accident.
TERMS OF REPLACEMENT:
In the event that euthanization of
the above-referenced dog is deemed to be in the best interest of the animal by
a competent veterinarian because of the development of a disease NOT including parvo virus,
heartworms, or any nutrition related disease as specified above in the
warranty, or by virtue of an accident or any of the items listed in the
paragraph entitled “Exclusions from Warranty”, the said dog will be replaced by Breeder at no
charge to Purchaser (Purchaser shall be responsible for ear crop fee for the
replacement puppy), with a dog under the same terms and conditions as set forth
herein, from either the same litter or from a subsequent breeding within one
(l) year from the date of euthanization/death. Proof of euthanization or death
and cause of death must be certified by a veterinarian and provided to
Breeder. All veterinarian coasts
associated therein shall be the sole responsibility of the Purchaser. No refund or replacement will be given in any
case where a veterinarian determines that physical inattention, poor husbandry
or lack of appropriate veterinary care contributed significantly to the problem
for which the refund/replacement is being sought. IN THE EVENT A DOG IS NOT REPLACED WI
If the above dog is being sold
under a show/breeding warranty, and the said dog develops either a breeding
defect or a disqualification fault as enumerated in the Great Dane standard, or
fails any of the health testing required in Item (4) of the paragraph entitled
Breeding Requirement for Show/Breeding Quality Dogs, the Purchaser shall have
the option of retaining ownership of the said dog and upon furnishing proof of
spay/neuter of the said dog to Breeder, Breeder shall (1) replace the dog with
a dog under the same terms and conditions as the initial purchase at no
additional cost to Purchaser (Purchaser shall be responsible for ear crop fee
for the replacement puppy), or (2) refund the sum of $____________ representing
the difference in purchase price between a show/breeding warranty and a
companion quality warranty. In the event
that Purchaser is not ready for a replacement dog and anticipates being ready
for the replacement after one year has elapsed from the conditions set forth in
this paragraph becoming apparent, then in accordance with Florida law, the said
replacement offer and terms thereof shall be reduced to a written agreement
between the parties.
PURCHASER(S) RESPON
Purchaser acknowledges herein
responsibility for:
(1) Maintaining the said dog as a
member of your family in a healthy and clean environment for the dog’s
lifetime.
(2) Making sure that when your dog is
outside or away from your family home, that he/she is always confined to a
secure area, or under your complete control, insuring that the dog cannot harm himself
or pose a threat or nuisance to others. Purchaser understands that chaining the
dog is not considered confinement.
Purchaser shall hold the Breeder harmless from any and all liabilities
or causes of action that may result from any acts of the said dog.
(3) Providing any and all appropriate
medical and/or professional care that is necessary for maintaining the health
and welfare, both physical and emotional needs, of the said dog.
(4) Following Breeder’s guidelines for
the proper feeding and vaccination of the said dog.
(5) Keeping Breeder informed of the
whereabouts of the said dog in the event purchaser moves, must be done within
48 hours.
(6) All notices under the terms of this
agreement if contact made by telephone, must also be followed up in writing to
Breeder (i.e. by e-mail or US mail).
(7) Contacting Breeder immediately in
the event of any illness or death of the said dog. (As referred to in (6) of
Purchasers Responsibility.
IN THE EVENT BREEDER BECOMES AWARE
OF THE
PLACEMENT OF THE DOG WITH THIRD
PARTIES:
UNDER NO CIRCUMSTANCES IS THE SAID
DOG TO BE SOLD, GIVEN, WILLED, PLACED, OR OTHERWISE TRANSFERRED TO ANYONE NOT A
PARTY TO THIS CONTRACT WITHOUT THE EXPRESS PREMISSION OF THE BREEDER.
In the event such a transfer occurs without the said permission of the
Breeder, and the Breeder determines that the dog has been place in an unfit
environment, PURCHASER
SHALL BE HELD RESPONSIBLE FOR ANY ATTORNEY FEES, COURT COSTS AND OTHER EXPENSES
(NOT LIMITED TO RESCUE, VETERINARY AND BOARDING FEES) INCURRED BY BREEDER IN
THE RECOVERY OF THE SAID DOG.
RETURN OF DOG TO BREEDER:
If due to circumstances beyond the
control of Purchaser, the said dog must be given up by Purchaser, then the
Purchaser shall IMMEDIATELY
return the said dog to
Breeder. THERE WILL BE NO REFUND OF THE
INTELLECTUAL PROPERTY RIGHTS:
Asbury Danes (Breeder) retains the right to publish
any and all photographs and or bragging rights on Breeders Website of said dog.
JURISDICTION FOR ANY CAUSES OF
ACTION AND LIQUIDATED DAMAGES:
The parties hereto agree that this
contract is to be interpreted under the laws of the State of
By signature hereto, Purchaser
acknowledges receipt of a copy of the Purchase Agreement, information package,
including feeding schedule and vaccine schedule with vaccine notice attached,
__________________________________________________________
_______________________________
PURCHASER (S) NAME: DATE:
___________________________________________________________________________________________________
ADDRESS:
___________________________________________________________________________________________________
CITY:
STATE:
ZIP
_________________________________________________________ _________________________________
WITNESS:
DATE:
________________________________________________________ _________________________________
BREEDER:
DATE:
________________________________________________________ __________________________________
WITNESS:
DATE: