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If you are purchasing a dog or placing a deposit, the actual contract and bill of
sale will be emailed to you.
It will be populated with your information filled out.
Do NOT fill this contract out and email to us.
You can read more about the purchase process by clicking here
http://www.gerdeshaus.com/puppypurchase.aspx
GerdesHaus Kennels SAMPLE Purchase Agreement Contract
www.GerdesHaus.com
Phone: 469-248-7473
info@gerdeshaus.com
Contract Number: 12345
THIS CONTRACT (hereinafter “Contract”) is effective as of June 1, 2009 and when
signed below by both seller (hereinafter referred to as “Seller” wether singular
or plural) and buyer (hereinafter referred to as “Buyer“ wether singular or plural).
The following terms and conditions are agreed to between Seller and Buyer:
Upon clearance of acceptance of Buyer by Seller, Seller agrees to sell and Buyer
agrees to buy one German Shepherd "dog" as follows:
Clarifications Between Buyer & Seller
Our 30 month Guarantee (age of dog 1 day to 30 months of age) covers Orthopedic
Foundation for Animals (“OFA”) certification of hips (fair, good, or excellent).
The dog is guaranteed to be healthy upon release to Buyer to the best of our knowledge.
Vet certification is required for any dog becoming ill following 48 hours after
delivery or pick up if you feel your dog picked up a communicable disease prior
to leaving our premises. If your dog becomes sick before leaving you are required
to take him/her to the vet.
Buyer must, during the dog’s 12 month of age, have the dog’s hips and elbows digitally
x-rayed by a license veterinarian. The x-rays must be sent to the “OFA” for PRELIMINARY
CERTIFICATION. A copy of the results from OFA AND the original xrays must be sent
to Seller by Buyer within 30 days after notification from “OFA” stating the results
of the “OFA” PRELIMINARY CERTIFICATION in order for the full 30-month guarantee
to be honored. Failure to do so will result in the 30-month guarantee to be null
and void.
If the dog does not receive a passing rating from “OFA” between 24-30 months of
age, the buyer can choose from one the following options:
a. Keep the pup, and receive 1/3 off the purchase price of a replacement pup. Breeder
requires proof of spay or neuter of the dysplastic pup before honoring guarantee.
b. Keep the pup, and receive 1/3 of the original purchase price back. Breeder required
proof of spay or neuter before honoring guarantee.
All shipping costs will be the responsibility of the buyer.
By signing this contract, the buyer acknowledges they have been informed young bones
do not properly calcify until 12 months of age. Buyer acknowledges we will guarantee
the hips and elbows until 30 months of age, providing the buyer agrees they will
not allow environmental conditions to adversely affect the development of the hip
and elbow structure. Buyer will provide a certified nutritionally complete food
that will not promote excessive growth or obesity. Buyer will provide regular moderate
exercise. The buyer is aware if they allow the dog to engage in activities that
would stress the hips before the age of 10 months the hip and elbow guarantee becomes
null and void. Activities include, but limited to, exercise on hard unyielding surfaces,
continuous running, repetitive jumping, jumping higher than their elbow, training
in competitive dog sports, or any activity that may cause injury. Buyer understands
that the guarantees do not transfer to any other party.
Health Guarantee:
If the dog should have any MAJOR defects which is hereditary in nature and not the
proximate cause of an injury or illness by the dog’s first birthday, Seller agrees
to at Seller's option either
1. Replace the dog with an equal or better quality dog from the first available
litter.
2. Or receive one-third the purchase price back PROVIDED Buyer provides Seller with
a letter from a certified veterinarian or ophthalmologist setting forth in detail
the defective fault. Buyer agrees to neuter or spay the dog at Buyer’s expense if
Buyer retains the dog and provide Seller with a verification of same or at Buyer’s
expense send dog back to Seller.
A replacement dog is shipped at Buyer’s expense under the terms of the ‘Other Costs’
disclosure.
Breeding:
Prior to meeting these conditions all puppies are sold under restricted / limited
registration with the AKC. Upon meeting the following conditions, seller will
remove the AKC restricted registration:
1) obtain a passing rating from the Orthopedic Foundation for Animals with regard
to the dog’s hips,
Buyer agrees not to breed dog until that dog reaches 24 months. Further Buyer agrees
to breed to enhance the breed, to conform to the breed standard, and not to sell
any offspring from the dog in any pet store or wholesale outlet. Buyer agrees to
have the bitch spayed on or before the age of eight years or obtain a vet health
certificate stating this bitch is healthy enough to breed. In addition, Buyer agrees
to remove from their breeding program and neuter or spay the dog if found to be
dysplastic, and/or eyes that do not pass as ‘normal’ by a certified ophthalmologist,
and furnish proof of the neuter/spay to Seller. (Herein referred to collectively
as the “Conditions”).
Abuse or Neglect:
If Seller is given evidence by any person including an animal control office or
local state office that this dog is suffering or has suffered from abuse and/or
neglect, Buyer agrees that Seller has the right to pick up the dog and all Buyer’s
registration rights interest and right to any refund of the purchase price or expenses
related to the dog’s care and welfare. Buyer agrees to this Abuse and Neglect section
as stated herein and agrees registration papers will be signed over to Seller within
one week of return of the dog to Seller.
Breech of the Conditions:
If Buyer uses this dog for breeding prior to doing or meeting any of the aforementioned
conditions, Buyer will be in breech of contract. Penalties for breach are the 30
month guarantees are null and void, Buyer will pay Seller a One Thousand Dollar
($1,000) fine for each breech, Buyer may have to return dog, legal action and any
costs thereof shall be borne by Buyer should Seller sue for breech of contract.
Return of dog will be totally at Buyer’s expense and there will be no refund of
purchase price or will-care or upkeep reimbursement, or offer of replacement dog,
for an award to Seller of breech of contract. AKC Registration of the dog for an
award to Seller of breech of contract shall revert totally back to Seller. Buyer
may voluntarily relinquish the dog and sign over the registration papers at any
time and therefore not incur legal costs. Buyer understands further legal action
and/or monetary awards may be taken if the dog is not returned in excellent health
and condition AKC will be informed of such abuse and neglect.
Deposit:
$500.00 non-refundable. If Buyer feels their choice of color or sex was not produced,
Buyer may roll deposit to the next available litter of Seller. If the breeding does
not occur because of any reason (female or male is not ready, heat cycle was overlooked,
etc), the deposit may be rolled to another litter or wait for the breeding to take
place in the future. Buyer may roll deposit three times and then deposit is forfeited
and this contract is void, unless other arrangments have been made. Buyer understands
others are contraction out of future litters and Buyer will be placed in pick order
following those who have already contracted. If Seller is no longer breeding, Buyer
will receive a full refund of the deposit.
Other costs:
Buyer agrees to pay for all expenses related to the flight if shipped by air, the
health certificate and vet check, and a crate furnished by Seller. All expenses
must be paid in full prior to shipping. Costs are paid up front prior to shipping
or the dog will be held until funds are received. Buyer agrees that if funds are
not received by the time the dog turns 8 weeks of age, buyer forfeits all rights
to the dog, the dog will be sold and all retained by Seller unless other arrangements
are made.
Kennel name:
If the dog is not already registered prior to the Buyer purchasing the dog, the
dog’s name must include the name "vom GerdesHaus" in AKC registration. No other
kennel name may be used in naming this dog unless written permission is given by
Seller. Breach of this will nullify all 30-month guarantees and possibly result
in a lawsuit. Buyer will notify Seller of the dog’s selected registered name prior
to Seller forwarding the registration papers. Registration papers will be filled
out with the dog’s name. Buyer agrees that the dog’s name will begin with the Litter
Letter, and understands that the dog may use a call name but must be registered
with the litter letter.
Picking dog:
Dog are sold based on temperment of the dog and temperment of the buyer. Seller
retains the right to refuse to sell a dog that the seller feels is not a good match
for the buyer. Buyer can then pick another dog, or roll the deposit to another litter.
Buyer shall make Buyer’s pick no later than 6 weeks of age. Dogs may be picked up
as early as 8 weeks of age. Dogs that stay later than 10 weeks pf age will be charged
a $100.00 a week boarding fee. Dogs shipped via air will not be shipped until 8
weeks of age. Seller states all dogs will have had a booster, bordetella, and have
been timely wormed and will come with puppy packet.
First right of refusal:
Buyer agrees that no dog may be resold by Buyer to another party without first giving
the Seller written first right of refusal. Seller agrees to answer any offer of
purchase within two weeks with a written response indicating Seller’s decision to
repurchase or not repurchase the dog. If Seller does not desire to purchase the
dog back, Buyer may sell the dog. Failure to offer Seller first right of refusal
and/or approval of the new buyer will void all 30-month guarantees to Buyer,and
will be in breach of contract. Buyer understands the 30-month guarantee do not transfer
to any other party.
Seller exercising right of first refusal.
Should Seller exercise the right of first refusal, Buyer will at Buyer’s expense
get a vet well check on the dog, eye check by certified ophthalmologist if clearance
is over one year old and the dog is intact for breeding, and provide preliminary
hip certification if dog is under 24 months old and intact for breeding. Airline
expense will be split equally and AKC registration papers signed over to seller
and sent to Seller together with applicable hip and eye clearances via express mail
one week prior to shipping the dog. Seller will remit applicable funds to Buyer
upon receipt of the registration papers and applicable documents.
Legal action:
If either Buyer or Seller take any legal action to enforce any part of this Contract,
action shall be initiated in the county of Seller’s residence being that of Collin
County, State of Texas and any legal fees and court costs shall be the responsibility
of the party found to be in default.
Registration:
Registration papers will be furnished to the Buyer upon clearance of all funds due
and payable to Seller. Failure to register or transfer ownership in AKC (American
Kennel Club) records within 6 months of this contract will result in forfeiture
by Buyer of any guarantee. A $25.00 charge will be due to Seller for any insufficient
check.
Seller
GerdesHaus Kennels
Jeremy Gerdes
730 Overland Drive
McKinney, TX 75069
info@gerdeshaus.com
http://www.GerdesHaus.com
Signature _____________________________________Date___________________
Buyer
Buyer Name
Address
City, State Zip
Phone
Email address
Signature ________________________________________Date_________________
Questionnaire (mandatory)Questionnaire is NOT part of contract.
1. Have you ever owned a German Shepherd before? If yes, please tell us about them.
2. Do you presently own any dogs? If yes, please tell us about them.
3. What breeds have you owned in the past? What were they like?
4. Do you plan to breed? If so, what are your planes?
5. What is your plan for this dog? (i.e., training plans, family companion, performance,
ect.)
6. Do you own or rent your home? Specify: house, apartment, duplex ect. If renting
please furnish proof of acceptance from your landlord that dogs OVER 50 lbs are
allowed.
7. Do you have a fenced in yard? How high is it?
8. Please describe your facility for maintaining this dog.
9. Do you have children? yes/no.__________ages
10. Number of hours of the day your dog will be home alone without human contact?
11. Have you found a trainer in your area? Are you prepaired to do manners/obediance/socialization
training with this dog for the first 6 months of ownership of this new dog?
12. How did you hear of us?
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