Jo-Lyn Keeshonden

 

  Janit L Johnson

P.O. Box 104 ~ Westville, OK. 74965
Website:  www.jolynkeeshond.com

 E-mail   jolynkees@yahoo.com
 
Phone 918 723-KEES  

Contract & Sales Agreement for Show Prospect Keeshond

 

This sales contract is entered into this ___ day of _______, 20____ is between Janit L. Johnson (hereinafter referred to as Seller) and ____________________________    __________________________________ (hereinafter referred to as Buyer (s) residing at _____________________________________     __________________________________  ________  ______________.  
                            address                                                                                                    city                                                       state                          zip
Phone ________________________ Cell ____________________________  Email _________________________________.

In consideration of the sum of  $___________ such being the purchase price, and all mutual promises contained herein, Seller agrees to reserve a Keeshond, hereinafter referred to as Said Dog to be of ______ sex, whelped _________, sired by ______________________ out of  ____________________________.  Said dog to be made available to buyer after full amount of purchase price has been paid for and said dog is at least 9 weeks of age.

A NON-REFUNDABLE deposit of $ 300.00 is required for reserving said dog until 9 weeks of age.  This amount to be applied toward purchase price of said dog.

Show prospect means that said dog has no disqualifying faults or features under either the Breed Standard or the show rules of the American Kennel Club, as of the date of this sale.  Said dog is in no way guaranteed to win in the show ring, but should be capable of competing with other dogs of it’s particular breed and age, provided that said dog is properly conditioned, competently handled, (being either breeder, owner, seller or professional handler), and exhibited a sufficient number of times.  It is understood that with proper care on the part of the buyer, in due time (given to at least 24 months of age), said dog should be of acceptable temperament and structure, and should embody the basic standards of the breed.  In the event that said dog should not meet qualifications aforementioned in this contract, buyer does hereby agree to have said dog spayed or neutered.

Seller does hereby warrant that said dog is in good health and that seller will replace any dog which is not in good health, provided buyer submits in writing within three working day of arrival of said dog a statement from a Doctor of Veterinary Medicine stating the disease or infirmity in which said dog was suffering from on the date of arrival.  Said dog will be replaced, provided that buyer agrees to pay for shipping of such replacement.  Replacement will be selected by seller from the next available litter, should  no other dog be available at that time.  Seller’s liability shall be limited to one such replacement.  

Any further condition of this sale shall be as follows:

1.     Seller retains the right to select the name of said dog that he/she shall be registered.   This name shall begin with Jo-Lyn.  No other kennel name may be used in the registered name of said dog.  Buyer agrees to pay for the registration with the American Kennel Club no later than 6 months from the date of this contract.  A photocopy of this registration shall be provide to seller for her records.

2.     Buyer does hereby agree to adhere to the KCA’S CODE OF ETHICS.

3.     Said dog is sold on a Show Prospect Contract and Buyer agrees to and shall make a reasonable effort to obtain an AKC Championship on said dog by seeing that said dog is properly conditioned, competently handled, and exhibited a minimum of at least 10 shows.   If at any time prior to such Championship, buyer can not or has not reasonably exhibited said dog, then said dog will be returned to seller and said dog will be shown to such Championship with buyer paying all expenses which include transportation to and from sellers residence, entry fees, handling fees, vet bills, etc.

4.     Upon arrival, buyer has forty-eight hours to approve purchase of said dog.  In the event buyer elects to return said dog, buyer shall arrange with seller a suitable time to return said dog (not to exceed 5 days).  All transportation charges are to be paid for by buyer.  Buyer will be responsible for and pay promptly any veterinary expenses for treatment of said dog due to accident, neglect, or abuse suffered while said dog was in the care of buyer.  Purchase price will be refunded, less $300.00 after said dog is returned to seller, with seller having 45 days to pay refund.   

5.     A co-ownership will be maintained until an AKC Championship is awarded.  Seller agrees to sign off as co-owner after receiving from buyer a duplicate of the Official AKC Championship certificate unless otherwise stated per clause/addendum.

6.     AKC application or registration certificate shall be held by the seller until all debts are paid in full by buyer.

7.     Buyer agrees to puppy, puppies or lease agreements per attached clause/addendum.. (void)

8.     Said dog is to be OFA certified against hip dysplasia, patella checked tight, and PHPT Certified prior to breeding.  Said dog is to be OFA certified between 24-30 months of age.   Seller guarantees said dog to be free from inherited genetic diseases until the age of 36 months.  Inherited diseases are limited to heart disease, hip & elbow dysplasia, grade 3 or 4 sublux patella that requires surgery, thyroid disease, epilepsy, PHPT positive or inherited eye disease that causes blindness.   Buyer agrees to provide seller with a photo copy of the OFA certification.  Buyer agrees to provide a written statement from to separate Veterinarians stating the inherited disease from which said dog suffers from.  Seller agrees to replace said dog after receiving written proof that said dog has been spayed or neutered with a dog of similar quality, from the next 1-2 available litters.  Selection of replacement shall be made by seller.  Should said dog be bred prior to clearing above required testing then all guarantees are null and void.

9.     Buyer agrees to provide to seller one 8x10 show picture for seller’s records.

10.   Buyer agrees to have said dog microchip by the age of 6 months with microchip number being registered with AKC and identification number supplied to seller.

11.   Seller retains the right to use said dog at stud on any female owned, co-owned or leased by seller, with the understanding that no stud fee will be paid to buyer by seller.  This agreement shall be limited to 4 litters that result in a minimum of 2 surviving pups per litter.

12.   If said dog is a male and used at stud, buyer agrees to use a stud contract same as or equal to the JO-LYN Stud Contract and to adhere to KCA’S Breeders Code of Ethics.   If this contract is in regards to a female, said dog will be bred in accordance with the KCA’S Breeders Code of Ethics and this contract.  All offspring to be sold as either Show Prospects or Pet Quality with a spay/neuter agreement and limited registration to be used with all pet quality keeshond.  No offspring are to be sold as “breeding stock”.  All sales will be in writing by contracts same as or equal to this document or documents supplied to buyer from seller.

13.   Said dog is not for resale or placement without written permission from seller.  Seller retains the right to purchase said dog from buyer at original purchase price.  If said dog has completed an AKC Championship, then purchase price shall be in full plus one third.  Seller to have 90 days after the arrival of said dog to pay buyer either sum of money.  Buyer will be responsible for and pay promptly any veterinary expenses for treatment of said dog due to accident, neglect or abuse suffered while said dog was in the care of the buyer.  If seller decides not to purchase said dog, the seller retains the right to approve sale or placement of said dog to any other interested party.  Should sale or placement of said dog be approved by seller (in writing), it shall be a condition of such transfer that said dog be sold/placed on a contract equal to or identical to this one.  Contract to be approved by seller and new owner shall forthwith file copy of the same with the original seller.  Original seller shall continue to retain the same rights set forth in this contract. 

14.   At no time may said dog or any offspring be transferred, sold, given as a gift or in any other manner allowed to be obtained by any animal retailer, wholesaler, laboratory, shelter or anyone who deals with the selling of dogs in any commercial manner.  In the event of such happenings then buyer shall pay the sum of $5,000 to seller for damages to sellers reputation and kennel name.  Said dog and his or her get are to be returned to seller along with signed AKC papers.  An addition, buyer agrees to pay to the KCA a penalty fee of $2500.00 per puppy in violation of the Code of Ethics whether buyer becomes a member of KCA or remains a non-member.

15.  Buyer agrees to notify seller of any change in address while owning said dog.

16.   If said dog is to remain on co-ownership between buyer and seller then buyer agrees to provide seller a copy of all AKC required documentation regarding breeding of said dog.   The names, addresses and transfer dates of offspring produced by said dog shall be made available to seller no later than 4 weeks after they are sold per rules of The American Kennel Club.

17.   This contract & agreement is in accordance with the laws of Oklahoma.  Any dispute concerning said dog or this contract shall be settled in the County of Adair, State of Oklahoma.

18.   Additional form clauses or addendums shall be attached and are to be a permanent part of this contract.

 

 

 

The cost (taxable, disbursements, and fees) of any litigation which may arise regarding the fulfillment of this contract agreement shall be born by the buyer.  Said dog is purchased "AS IS" and seller does hereby disclaim any and all other warranties, whether expressed or implied, except for those described above, attached, or below. 

All shipping cost of said dog shall be paid for by the buyer at all times unless otherwise stated.

       

 

_______________________________________________________ Date:________________________

                                             Buyer Signature

 

 

 

 

_______________________________________________________ Date:________________________

                                             Buyer Signature

 

 

 

 

________________________________________________________ Date:_______________________

                                                 Witness

 

 

 

 

________________________________________________________ Date:_______________________

                                              Seller Signature

 

 

 

________________________________________________________ Date:_______________________

                                                   Witness

 

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