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Linda Wanamaker
PO Box 155, Delmont,
South Dakota 57330-0196
Phone 605/779-3331 Fax
605/779-3331 Email:
prairiwind@midstatesd.net
Buyer Representation
The Buyer agrees that he/she is not acting as or
in part of any agent in the purchase of this puppy and that the Buyer
will not sell the puppy or any of its progeny , whether accidentally or
deliberately produced to any agent, animal broker or pet store. Nor any
group or person for use as a prize, bonus or incentive. Buyer warrants
that the puppy will remain in his/her sole custody. This document
concerns a live animal and is executed with prejudice in favor of that
animal’s well being by those signing.
This agreement is made between Linda
Wanamaker (Breeder) and __________
(Buyer) for one puppy _____________ (x) Pet Dog by Sire Champion
Alderons Shelley’s Rocky AKC #TN93097/02, Cerf # HV-1018/2003-47 and Dam
Shelley’s Prairie China Doll AKC #TR051748/01 Cerf# HV-2258/2003-11
Litter #Pending born on ____________.
Terms and Conditions
The Buyer is subject to all terms and
conditions set forth below and as follows:
The Buyer agrees to assume full responsibility
for the dog once it leaves the premises. The Buyer further agrees to
provide a warm and safe environment, provide food and water, and seek a
veterinarian if needed for the dog to live a happy normal life. The
Buyer agrees to take the puppy to the vet of their choice within
48 hours of acquiring it from the breeder. If
satisfied by the Veterinary report, to retain possession and thereafter
hold the breeder blameless and not liable for any further medical
condition of the animal. If NOT satisfied, the animal is to be returned
to the breeder within (2) two days from the exam. The Buyer also agrees
that in the event of death in that 48 hours,
the puppy is to be taken to a vet for an autopsy. If the death is proven
to be due to a genetic illness or an illness contracted while in the
Seller’s care, the puppy will be replaced and autopsy expense refunded.
If the dog dies of a genetic illness within 3
years of it’s birth date, the dog will be replaced as soon as a
replacement puppy is available to the breeder. All above claims will
only be honored with written
documentation from a licensed veterinarian.
The Breeder
has taken every reasonable precaution to ensure the physical soundness
and temperament of the animal, including its Sire and Dam themselves are
free of hereditary defects as far as known. As a Breeder/Seller, I have
done everything possible to assure the eye lines of the above dog are
safe from defects. I cannot be held responsible if something does
develop in the above dog’s eyes.
Important Note:
I do NOT
guarantee any health related issues or loss of life due to reactions
caused by vaccinations or flea and tick preparations administered either
orally or on the skin surface. I do NOT give leptospriosis to my
puppies. I give shots spaced 2 to 4 weeks apart. Havanese can be
sensitive especially to Lepto and Lyme disease vaccines.
Prairiwind
Havanese Purchase Agreement
Page 2
Conformation
& Limited Registration
All
reasonable efforts were taken to produce a litter that conforms to the
current AKC Havanese Breed Standard. This puppy is being sold as
pet/companion quality and it shall be understood that at the time of
sale, this animal is NOT considered to be of show or breeding quality,
but is representative of the breed and is structurally and
temperamentally suited as a pet. He/She may have a disqualifying fault
or other shortcoming that precludes showing and breeding, but said fault
will not prevent him/her from living an otherwise normal and healthy
life. This puppy is sold as a companion pet to be used for tasks
appropriate to the breed, including companionship, therapy, obedience,
and agility competition. There are no guarantees given or implied as to
this dog's eventual size, color, or conformation attributes when he/she
reaches maturity.
This dog is
being sold on a "limited registration," which means that he/she should
NOT be bred, and no litters produced by the breeding of this animal will
be accepted by the American Kennel Club for registration. If the Breeder
has not done so before the time of sale, this dog must be
spayed/neutered between the ages of four (4) to ten (10) months at the
Buyer's expense. The Breeders/Sellers will hold the AKC registration
papers until all terms of this contract, including the spay/neuter
requirement, have been fully met. After the dog is spayed/neutered and
the Buyer has furnished the Breeder/Seller with a Veterinary Certificate
of Sterilization, the Breeders/Sellers will mail the AKC registration
papers to Buyer and the Buyer will then be the sole owner of the dog.
If the Buyer fails to abide by the above terms of limited registration,
or if the dog is bred--either accidentally or intentionally--the Buyer
will, at the Seller's discretion, pay the Breeders/Sellers a fine of
$5,000 (to be donated to Havanese Rescue, minus any expenses incurred by
the Breeder) and the AKC registration papers may be destroyed.
Care and Training
The Buyer
hereby agrees that, if at any time the Buyer cannot take proper care of
the dog as described above, the Buyer must contact the Breeder. The
Breeder will have first choice to either (a) take the dog back and/or
(b) assist the Buyer in finding a suitable home for the dog. Neither of
these two options guarantees that the Buyer will recover all or any part
of the purchase price, though any money that is recovered will be
returned to the Buyer (minus placement expenses). This dog is never to
be turned over to Havanese Rescue or any other type of rescue, pound or
humane society and Buyer agrees that by doing so, the Sellers will
impose a fine of $1,500 on Buyer to be donated to Havanese Rescue.
Breeder/Seller recommends, but does not require that an annual eye (CERF) exam
is completed yearly and the results reported to the Breeder. Breeder/Seller recommends, but does not require, that this
animal be microchipped. The Buyer will keep Seller informed of any
significant health, temperament, or behavioral problems encountered
throughout this animal's life.
The
Buyer agrees the puppy will not be left solely alone in a backyard or
kennel for extended periods of time (other than a normal work day).
Buyer agrees puppy will reside in the home of the Buyer and will not be
chained or “tied out”. This puppy is being sold with the understanding
it is going to a select home, will be socialized properly and will
become a member of the family.
Purchase Information
PLEASE MAKE CHECKS PAYABLE TO: LINDA WANAMAKER
In
consideration for the fee of
__________,
dollars, deposit of _________ in advance, and the remainder of ________
to be paid by CASHIERS CHECK, MONEY ORDER OR PAYPAL before puppy leaves
Breeder/Seller. (DOES NOT INCLUDE SHIPPING CHARGES).
In the
event a deposit was made and there is not a puppy available due to an
unforeseen circumstance, then the deposit will be refunded.
If
Breeder/Seller has not received balance due before the puppy is 8 weeks
old, deposit will be forfeited and puppy will be sold to someone else,
unless a prior agreement was reached between Buyer and Seller.
If a deposit was received for a
puppy and if for any reason the Breeder/Seller deems it is in the best
interest of the puppy not to be placed with the Buyer, the deposit will
be refunded. Puppy does not become property of Buyer until puppy leaves
Seller’s premises.
Jurisdiction
This contract is to be
construed in accordance with the laws of the State of South Dakota. If
for any reason legal action is to be taken on either side, all legal
proceedings and litigation must take place in the State of South Dakota,
County of Douglas. If any provision of this document is invalid or
unenforceable under applicable law, this document shall be ineffective
to the extent of such invalidity only and shall remain in full force and
effect otherwise, without affecting the remaining provisions.
Prairiwind Havanese Purchase Agreement
Page 3
Buyer Information
Name__________________________________
Address_________________________________
Phone #
_______________________
Email___________________________________
I have read the above Contract and fully understand the terms of this
Contract and the 72 hour guarantee. By
signing this document and returning it with the deposit, you agree that
you have read and fully understand all the terms and conditions set in
above contract. NO VARIATIONS ARE ACCEPTED UNLESS IN WRITING AND AGREED
UPON AND SIGNED BY BOTH BUYER AND SELLER. ****Please send the deposit
and signed contract to me within 7 days of the date of my signature, in
order to hold the puppy.
Signature of Buyer:
_______________________________
Date:_________________________________
This Is A Binding
Contract
Signature of Breeder: ________________________________________
Date:
__________________________________
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