Castell Pembroke Welsh Corgis
Show Potential Contract
Kathleen & Rick Mallery
Castell@frontiernet.net
1) The dog is sold as a show potential, is pure-bred, registerable with the American Kennel Club and is free from all disqualifying/serious faults for its particular breed as described by the Official American Kennel Club Standard, at the time of sale. This dog is not guaranteed to win in the show ring. It is understood that with proper care and training on the part of the Buyer, this dog has the potential to mature into a dog of acceptable temperament and structure and should embody the basic standards of the breed.
2) To the best of our knowledge, the dog is in good health and temperament at the time of sale and has received all immunizations and wormings required for its age at the time of sale. The Buyer agrees to have the dog examined by a licensed Veterinarian within 72 business hours of purchase. Should the dog be found to be in ill health, cause of which is clearly attributable to the Seller (if same as Breeder), the dog may, upon presentation of a written diagnosis from the Veterinarian, be returned for a replacement. If the Buyer wishes to keep the dog, all necessary medical care to bring it to good health will be provided by the Seller (if same as Breeder).
3) If any serious/disqualifying faults, as described by the Official AKC Standard, are found to be present within two years, the Buyer may return the dog and the Seller (if same as Breeder) agrres to one free replacement with one one of equal quality with no serious/disqualifying faults. If the Buyer wishes to keep the dog, it must be spayed/neutered prior to transfer of ownership of the replacement animal. Replacement time and selection shall be determined by the Seller (if same as Breeder).
4) If the dog is found to be affected with hereditary diseases, such as hip dysplasia or inherited eye disease, prior to three (3) years of age, the Seller (if same as Breeder), agrees to furnish one free replacement, provided it has NOT been used for breeding. Any further replacements provided will be charged a sum equal to the difference between the Breeders current prices for Show Potential and Pet Quality. OFA/ACVO reports must be submitted to the Seller for replacement. If the Buyer wishes to keep the dog, it must be spayed/neutered prior to transfer of ownership of the replacement animal. Replacement time and selection shall be determined by the Seller (if same as Breeder).
5) The Buyer agrees that no puppy produced by the above described dog shall be sold to or placed for resale with a pet store, broker, wholesale establishment, chain store, puppy mill or commercial enterprise of any type. Additionally, no puppy produced by this animal will be sold for the purpose of vivisection or donated to any charitable organization to be sold or auctioned.
6) If, in the future, the Buyer finds themselves unable to keep the dog for ANY reason, the Buyer agrees to return the dog to the Seller. Upon receipt of the dog, the Seller will endeavor to find a new home for the dog. Any monies recovered for the dog by the Seller will be returned to the Buyer, less any expenses incurred by the Seller in recovery and re-placement of the dog. The dog is NEVER to be relinquished to any humane society, animal control agency or rescue organization.
7) Any and all shipping costs incurred by the purchase or return of the dog are the sole responsibility of the Buyer.
8) The Seller assumes no responsibility for physical or temperamental defects caused by the Buyers failure to provide reasonable and customary care which shall include, but is not limited to, annual Veterninary checkups, current immunizations, grooming, adequate housing, training and restraint (such as a fenced yard).
9) The above warranties shall be null and void if the dog sold under this contract is bred prior to its second birthday AND prior to certification by the Orthopedic Foundation Of Animals (OFA) and a Board Certified Opthalmologist (ACVO).
No other warranties, expressed or implied, are made under this contract except as stated herein. The parties agree that this agreement constitutes the entire agreement between the parties. Any oral representations or statements made prior to the execution hereof are deemed to have been incorporated herein. Any modification of this agreement must be in writing and initialled by both parties otherwise same shall not be effective. If conditions of this contract are not met, or if the dog is found to be neglected,, abused or otherwise uncared for, the Seller reserves the right, at any time, to repossess the dog without prior warning and at no charge. This agreement shall be interpreted under the laws of the State of Idaho and any action filed for enforcement or its breach shall be brought in the County of Canyon in the State of Idaho. The prevailing party shall be entitled to reimbursement of all expenses incurred to enforce or recover damages from breach of this contract including, but not limited to, attorney fees, filing fees, court costs, fines or other out-of-pocket expenses. Additionally, Buyer agrees to pay, to the Seller, the sume of $3000 (Three Thousand U.S. Dollars) as liquidated damages.
NO REFUNDS WILL BE GIVEN EXCEPT AS PROVIDED FOR IN THIS AGREEMENT.
HOME |