NON BREEDING CONTRACT

NON-BREEDING  CONTRACT OF SALE

 

Breed:                                       BLACK RUSSIAN TERRIER

Registered Name:                 

Date of Birth:                                                            , 20    

Sex:                                            

Color:                                        BLACK

 

 

Sire's Name:    Cerberus Razin Kane

 

Registration Number (CKC): MSC000004368    

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:  $  to be finalize but no more than $3000.00 plus the shipping cost as follows:

$500. Upon reservation;   $500. upon a Litter  Puppies arriving and puppy being held from that Litter; Upon delivery of puppy; $                    . Plus shipping at delivery (prior to shipping)

 

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:

 

 

 

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 co-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.  After proof of neuter/spay, the Seller/Breeder with provide the registration documents to the Buyer in order for the Buyers to obtain sole registration of the dog.

 

NON-BREEDING AGREEMENT

 

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.

 

 

 Seller/Breeder ___________________  Date _____  Buyer __________________  Date______

 

 

The said dog is sold to the Buyers with the firm understanding that ______________________ is not to be bred and is to be used only as a companion dog.

 

The buyer agrees to neuter/spay the above said dog within the age of six (6) months  to twelve (12) months of age.

 

If said dog is bred for any reason, the Seller/Breeder shall have the right to reclaim  ownership of said dog without compensation to the Buyer. The Seller/Breeder reserves the right to initiate and pursue legal or disciplinary action if there is a breach of the terms of this contract. A minimum fee of $1,000. will become due and payable if neuter/spay is not performed by six (6) months and $2,000 will become due and payable in addition if the dog is bred and ownership being reclaimed by the Breeder.  The Breeder may, in certain conditions, allow a revision to these terms but it will be at the sold discretion of the Breeder.

 

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.

 

Seller/Breeder _____________________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 prior to 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.

 

 

Seller/Breeder _____________________Date_____Buyer ______________________Date______

 

 

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.

 

 

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________,2009, in_____________,______,______________

                                                                                   (City)                 (Prov/St)  (Country)

 

 

Buyer: ____________________________  Witness____________________________

 

 

 

Buyer: ____________________________  Witness____________________________