A PURCHASE
AGREEMENT
1) PURPOSE
A.
A major
purpose of this contract is to protect, preserve, and perpetuate the standards
as spelled out below of the Rottweiler Breed.
B.
This
contract is executed on this the ________ day of ______________ by and between
_______the seller of the interest, (Co-owner)
_______the seller,
Rebekah L. Pless, Redyre Rottweilers,
hereinafter referred to as “seller” or “breeder”, and
_______the buyer (Owner)
_______the buyer of the interest, (Owner/Co-Owner)
____________________________________
hereinafter referred to as “Buyer” or “Owner”, concerning the
_______purchase (outright full ownership) _______the purchase of the interest
(co ownership)
in the companion/show/working prospect
Rottweiler described below for the sum of $______.00, US Money order or
Certified Check, (paid in full) under the following warranties and conditions.
NO OTHER WARRANTIES OR CONDITIONS ARE EITHER EXPRESSED OR IMPLIED. This
contract is freely entered into by all parties, with no mental reservation whatsoever.
C.
Name of
dog: REDYRE_____________________________________Sex _______ Whelp Date: _______ Breed: Rottweiler Color: Black & Mahogany Chip# AVID__________________Litter # __________ AKC____________________
Sire
AKC#
DOB CHIC # OFA hips
OFA
Cardiac
CERF
Dam: CH UCH UCD Eternal Moon Finders
Keepers CD RN TT TDI CGC AKC# WS09506601
UKC# P431-474
DOB 7/28/04 CHIC# 34649 AVID Microchip # AVID * 071 * 572 * 096
OFA HIPS RO-67315G24F-PI GOOD
OFA
CARDIAC RO-CA2063/25F/C-PI NORMAL
- CARDIOLOGIST
OFA ELBOWS DEGENERATIVE JOINT
DISEASE I UNILATERAL LEFT
CERF RO-5393 TESTED: 05,06
OVC
HIPS 0032914 NORMAL OVC
ELBOWS 0032914 NORMAL
OFA
THYROID RO-TH359/24F-PI NORMAL
DEFINITIONS
D.
For the
purpose of this contract, companion animal shall mean a dog who has been
determined to have certain qualities that make it not suitable for the
conformation show ring, or breeding. For the purpose of this contract, show
prospect shall mean a dog capable of attaining an AKC CH title with proper
handling and conditioning. For the purpose of this contract, working prospect
shall mean a puppy which shows marked aptitude for future training.
A.
____This
puppy is graded as a show prospect, and will be sold with full AKC registration
____with Co-Ownership ____without Co Ownership.
B.
____This
puppy is graded as a working/companion prospect and will be sold with AKC
Limited Registration
____with
____without Co Ownership.
Puppies
sold on AKC Limited Registration may not be shown for AKC Championship points,
nor can any progeny from puppies sold on Limited Registration ever be
registered with the AKC.
Any puppy sold on Limited Registration is sold on the condition that it will be
altered by the age specified by the breeder, and will never be allowed to
reproduce. Certain animals may be sold on limited and re-evaluated in regard to
being shown for CH points. This re-evaluation shall occur no later than 12
months of age.
C.
For the
purpose of this contract, OFA certification shall mean a dog certified free of
hip or elbow disease in the manner prescribed by the Orthopedic Foundation for
Animals, Inc. http://www.offa.org
(hereinafter OFA), and given a registration number by the OFA.
D.
Any
section of this contract which shows a blank shall be marked with a check mark
if it applies to the puppy being sold under this contract, or N/A if it does
not.
******seller___________________ Buyer_________________Witness___________________
2) OBLIGATIONS OF SELLER
A.
Seller
warrants that said dog is a purebred dog and it may be or is registered with
the AKC on _____Limited
Registration _____Full Registration This
dog shall carry the registered name selected by the breeder and shall include
the kennel name Redyre. This dog is produced by parents that have both received
OFA normal hip certification, elbow rating of either normal or DJD Grade 1,
with normal hearts and eyes. Seller will provide buyer at the time and date of
this contract a true copy of said dog’s AKC registration certificate, and a
true copy of said dog’s pedigree of at least 3 generations. For puppies sold on
Limited Registration, the actual registration certificate shall be provided
once the contractual obligations for health testing and neutering have been
fulfilled.
B.
Seller
warrants that this dog is healthy, and has been properly cared for up to and
including the date of this contract, and will provide buyer with an individual
health record for said dog, warranty VOID if dog is not examined by a licensed
veterinarian within 72 hours of purchase. This puppy is guaranteed against any
infectious disease for 7 days from the date of this contract.
C.
Seller
hereby agrees that this dog may be returned to the seller at any time for any
reason for the duration of the lifetime of the dog. Any dog returned must be
returned WITH Registration papers duly signed over to the breeder. Puppy may be
returned for any reason, along with duly signed registration papers, within the
first 7 days after purchase and buyer may receive a full refund, less any
shipping expenses. This is the only circumstance under which a cash refund is
guaranteed to a puppy buyer.
a)
_____If
this puppy sold on Limited Registration develops any condition that would
render it unsuitable as a companion animal, or if it should develop any
condition that adversely affects the quality of life of the animal before
the age of 36 months, a replacement will be offered for ½ the original
purchase price. Replacement fee may be waived at the option of seller. Return
of the original puppy is not required, only proof of sterilization.
b)
_____If
this puppy sold on full AKC Registration should develop any disqualifying fault
under the breed standard, or should
this puppy fail to receive a normal hip or heart rating, or should this puppy
be graded anything other than Normal or DJD Grade 1 elbows, from the OFA by 28
months of age, or should this puppy not meet its original potential as a show
dog, a replacement will be offered for ½ the original purchase price.
Replacement fee may be waived at the option of seller. Return of the original
puppy is not required, only proof of sterilization
There will be no cash refunds. This provision is of the
essence of this agreement, even if no other remedy is available.
******seller_________________
Buyer_________________Witness_________________
Replacements, if any, required by this
agreement are excluded or limited as follows:
c)
the
replacement dog will be of the next, if any, available litter
d)
In the
case of a serious health or temperament problem, Buyer has the option to pay a
replacement fee of ½ the original purchase price for another companion animal,
and must submit proof that the original animal has been rendered sterile.
Replacement fee may be waived at the option of the Seller.
e)
Buyer
agrees that the replacement animal shall be subject to all terms and conditions
contained in this agreement, except that Buyer shall not be entitled to further
replacements for any reason.
f)
It is
understood that the Seller may discontinue breeding, the sire or dam may die or
become sterile, or Seller may be otherwise unable to provide a replacement,
with no liability to Seller. Buyer accepts this risk.
g)
No refund
or replacement will be made if the fault is the result of any neglect,
mistreatment, abuse, or lack of proper diet, socialization, and exercise.
3) OBLIGATIONS OF OWNER
A.
Owner
agrees to notify Rebekah L. Pless and Redyre Rottweilers of any change of
personal contact information, including current address, phone number, and
email address within 30 days of such change.
B.
Owner
hereby agrees to maintain this dog as a household companion. Owner agrees to
properly care for and confine this dog at all times, providing a premium food
or raw diet, fresh water, socialization*, training, exercise, and to maintain
the dog in good health at all times, with appropriate veterinary care. Buyer
assumes all financial and legal responsibility for this dog from the time and
date of this agreement.
*From the ages of 12 weeks to 12 months of age, this socialization shall include 3 or more
trips each week OFF the owner’s property for positive socialization, training,
and interaction with people. After titers, at least one of these trips should
include a “happy visit” to your family veterinarian’s office for positive
interaction with staff, weighing, visiting and TREATS. These “happy visits”
will ensure a dog who will enjoy going to the vet’s office for the rest of
his/her life.*
******seller_________________________
Buyer____________________Witness___________________
a)
Buyer
understands that the dam of this litter and the litter as well have been maintained
on an exclusively raw diet. While not required, breeder STRONGLY ENCOURAGES
puppy buyer to maintain the puppy on a raw diet, and will offer support and
guidance in that area. If a complete raw diet is not to be followed, PREMIUM KIBBLE should be used, and regular
supplementation with fresh raw meat, fruits and vegetables is STRONGLY
ENCOURAGED.
b) Blood titers for Parvo and Distemper are
recommended at 17 to 20 weeks of age. Breeder STRONGLY RECOMMENDS that
following the 15 weeks Parvo/Distemper vaccine, and after blood titers, this
puppy NOT be vaccinated during its lifetime, EXCEPT for Rabies as required by
law.
C.
Owner
hereby agrees that this dog will never be used in violation of any local state
or Federal laws, nor in any manner which would be detrimental to the health,
safety or wellbeing of said dog. This is to include but not be limited to dog
fighting and crimes against public safety.
D.
Owner
agrees that this dog is sold as a HOUSEHOLD COMPANION, and shall live and sleep
inside the owner’s home. Owner hereby agrees to keep this dog confined when
outdoors in an escape-proof securely fenced area no less than 5 feet in height,
with all gates LOCKED at all times when not under the supervision of a
qualified adult. “Invisible” or radio type fences DO NOT meet the conditions
of this contract and may not be used as a primary method of confinement. This
dog shall not be chained or tied out in any way at any time. This dog shall
never be allowed to run or roam free without proper supervision, and must never
fun free in violation of any leash law at any time.
E.
_____Owner
agrees to have this animal surgically sterilized, and to provide Rebekah L
Pless and Redyre Rottweilers documented proof of such sterilization from your
veterinarian. Age of neutering of puppy dogs and bitches shall be determined
and agreed upon between seller and buyer. This puppy shall be neutered by the
age of ______________ months. If owner fails to provide the proof of spay
or neuter by the required time, there will be one warning, with 30 days to
comply. If after the warning and the 30 day grace period this animal has not
been proven to be altered, Rebekah L. Pless and Redyre Rottweilers reserves the
right to repossess this animal. In the event this section of this contract
becomes necessary to enforce, the dog shall be peacefully surrendered to the
breeder, ALONG WITH THE REGISTRATION PAPERS SIGNED OVER TO THE BREEDER. Owner
is liable for any expenses incurred for repossession, alteration and surgery.
Option of returning the dog to the non-compliant owner will be at the sole
discretion of Rebekah L. Pless and Redyre Rottweilers.
F.
Owner
agrees to keep dog supervised and confined so that any accidental breeding is
impossible. Male dogs shall be suitably confined away from any bitches in
season. Bitches in season shall be 100% supervised and confined during their
season to prevent any chance of accidental breeding. If ANY POSSIBILITY of
an accidental breeding occurs, Rebekah L. Pless and Redyre Rottweilers shall be
notified immediately.
G.
Owner agrees
to have preliminary hip and elbow films submitted to the OFA at the age of 12
months, and again at 24 to 28 months of age, along with heart and eye
certifications. Thyroid screening is strongly recommended. Breeder strongly
recommends this dog be radiographed
using NO anesthesia. Breeder will assist in helping owner find appropriate
veterinarians for the health screening. Lower cost screening clinics at dog
shows may be used whenever possible. Copies of all results must be sent to
Breeder. Owner must authorize the release
of ALL RESULTS TO THE DATA BASE for ALL health testing on this dog
whether normal or abnormal. This dog will have a CHIC # on file with the OFA.
******seller_________________________
Buyer____________________Witness___________________
H.
_____ This dog has been sold on Limited
Registration and shall not be bred under any circumstances.
_____
This dog has been sold on full AKC Registration, however, it may not be
bred or used for any breeding purposes unless and until ALL of the following
conditions are met, nor will this dog be bred to any other dog not meeting the
same requirements:
a)
Dog (dog
shall mean any dog, male or female) must be AKC registered, or registered with
an international registry recognized by the AKC.
b)
Dog must
have OFA hips, and elbows must be no more than Grade 1 DJD. Dogs graded DJD1 in
the elbows are encouraged to seek additional screening from OVC in Canada.
c)
Dog must have a current CERF & negative
Brucellosis. Yearly CERF testing is strongly encouraged.
d)
Dog must
have a normal heart according to a Board certified Veterinary Cardiologist.
e)
The dog
must be an AKC CH, major pointed, or have an equivalent title from it’s country
of origin, or an advanced working title. The dog may have no disqualifying
faults according to the ARC Standard.
f)
Buyer
agrees to follow the ARC Code of Ethics guidelines for breeding frequency in
bitches.
g)
Bitches
will not be bred past their 6th year of life.
h)
All
bitches will be surgically sterilized once their show and breeding careers have
ended.
******seller_________________________
Buyer____________________Witness___________________
I.
Any and
all progeny produced by any dog governed by this contract shall have tails
docked short leaving one or two vertebra by or before 5 days of age, with the
only exception being if docking is outlawed where the litter is whelped.
******seller_________________________
Buyer____________________Witness___________________
J.
_____
Owner agrees to make every effort to finish said dog’s AKC CH title by showing
this dog, or using a Professional handler approved by breeder. Owner may choose
to wait until the dog is mature (18 to 24 months) if desired, to keep showing
expenses to a minimum. After age 24 months, this dog will be required to be
competing at dog shows a minimum of 2 weekends every month until the CH title
is finished. Should the dog appear to be having difficulty achieving the CH
title, dog shall be realistically evaluated by the breeder and/or 1 or more
impartial 3rd party(ies), and a determination made on whether to
continue showing for conformation titles or not. Breeder agrees to show said
dog free of charge with the exception of entry fees and reasonable boarding
fees when traveling and/or keeping dog overnight. Breeder reserves the right to
show this dog in Specialty Sweepstakes and other conformation events at
Specialty shows.
******seller_________________________Buyer____________________Witness_________________
K.
Owner
agrees that in the event owner no longer wishes to keep, or is unable to keep
this dog at any time or for any reason whatsoever that Redyre Rottweilers and
Rebekah L. Pless will be notified at once, and the dog shall be returned to
Redyre immediately, along with the properly signed over registration papers. Dog shall not be sold, transferred, given
away, disposed of, or change ownership or residence without the express written
permission and approval of Redyre Rottweilers and Rebekah L. Pless. Should the
Owner EVER have any wish to sell or transfer this dog to any other person or
entity, Redyre Rottweilers and Rebekah L. Pless will be notified at once, and
offered the FIRST RIGHT OF REFUSAL to purchase the dog at the original purchase
price. Buyer has read and understands the FIRST RIGHT OF REFUSAL or
OPTION CONTRACT attached hereto. Under no circumstances shall this dog be sold
or transferred to any commercial breeder. Should this dog be so transferred in
any manner in violation of this agreement, Redyre and Rebekah L. Pless shall be entitled to damages up to 10 times the
purchase price or $10,000.00US, whichever is greater. Owner agrees to keep
Redyre Rottweilers and Rebekah L. Pless advised of current address, telephone
number, email address, and any other contact information for the lifetime of
the dog. Redyre shall be notified immediately of any serious illness, injury,
or death of said dog.
******seller_________________________Buyer____________________Witness_________________
L.
Owner
agrees that abuse or neglect of the dog whether physical, mental or otherwise,
intentional or involuntary, will void all warranties and claims to this dog,
and that all rights and legal claims and full ownership will immediately revert
to the seller with no recourse to owner whatsoever. Dog will be immediately and
peacefully surrendered to Rebekah L. Pless or her agent, along with the signed registration
slip.
M.
This dog
will begin attending training class beginning NO later than 16 weeks of age.
Early positive and continuing obedience training will guarantee you a wonderful
manageable companion animal, and will build a strong bond of love and respect
between you and your dog. Obedience training shall continue on a regular basis
until this dog is ready to title in the AKC obedience ring. This dog shall earn
its AKC Canine Good Citizen and/or Rally Novice titles by or before the age of
36 months. Continued training and titling to the CD level and beyond is
strongly encouraged.
N.
Owner
agrees that any breeding made in violation of the terms and conditions of this
contract wherein a litter is whelped will result in a monetary penalty of
$2000.00, and immediate repossession of the animal. Dog will be immediately and
peacefully surrendered to Rebekah L. Pless
or her authorized agent along with properly signed over registration
papers.
O.
Buyer
hereby agrees to honor and comply with all conditions of this agreement, and
agrees that failure to do so will void all claims to this dog , and that all
rights and legal claims and full ownership will immediately revert to Rebekah
L. Pless with no recourse to owner whatsoever. Dog will be immediately and
peacefully surrendered to the seller on demand along with properly signed over
registration papers.
4) CONDITIONS OF CONTRACT
A.
New owners
are strongly encouraged to join the American Rottweiler Club for education and
support.
B.
This dog
may not be registered with any other registering body in order to circumvent
the Limited Registration and breeding restrictions imposed by the breeder. This
dog may not be renamed with another registering body. Violation of this
provision shall result in the immediate repossession of said dog, which shall
be peacefully surrendered to Rebekah L. Pless or her authorized agent, on
demand, along with the properly signed over registration papers.
******seller_________________________Buyer____________________Witness_________________
C.
_____
Breeder shall be entitled to the following compensation if and when the dog
meets all requirements for breeding:
a)
_______MALE
DOGS: In the event this dog
is left intact, Breeder will retain the right to send bitches owned, co owned,
or legally leased to this dog for breeding at no charge, and also will retain
the right to collect and store semen from this dog for future use. Any semen
collected and stored will be the sole property of the Breeder. Breeder will be
responsible for supervising any breedings, and for any expenses associated with
such breeding(s)..
b)
_______FEMALE
DOGS: In the event this
bitch is bred, Breeder shall have the right to select the sire for this bitch’s
first breeding, and to select the second choice puppy from the bitch’s first
litter.
c)
Upon the
completion of the CH title and all health testing, and in the case of a bitch,
after the puppy back provision has been satisfied, or in the event that any dog
is rendered sterile after CH title and all health testing, breeder will sign
off and end the co-ownership agreement.
d)
All
puppies produced by any animal governed by this agreement will be sold under
contract only and according to the Code of Ethics provisions of the American
Rottweiler Club. New owners are strongly encouraged to join the ARC for
education and support.
D. No
other conditions of contract unless otherwise specified.
5) LEGAL RESPONSIBILITIES
A.
In the
event of transfer of ownership or transfer of interest of said dog from owner,
whether intentionally or unintentionally, with or without consideration,
seller’s obligations shall end and owner shall provide that all interests of
seller, financial or otherwise, shall pass in full and be legally binding on
the subsequent owners of this dog.
B.
In the
event any legal action is necessary by either owner or breeder to enforce the
terms of this contract, the prevailing party shall be entitled to recover, in
addition to any other sums as may be due, the cost of said legal action,
including but not limited to reasonable attorney’s fees.
C.
Owner
agrees to indemnify and hold seller harmless for any legal actions resulting or
arising from the actions of said dog.
6) EXECUTION; COUNTERPARTS:
READ THE ADDITIONAL PROVISIONS attached herewith.
When you sign this contract, you acknowledge you have read and agree to the
provisions of this contract, including the Additional Provisions and the Option
Contract. This contract is executed in two (2) counterparts, with an executed
counterpart retained by each party hereto.
7) LEGAL RESIDENCE
A.
If the
legal residence of the Buyer is not the State of North Carolina, this contract
must be signed and notarized by the buyer(s) in the state of the Buyer’s
residence, and a copy returned to Rebekah L. Pless within 14 days of purchase.
All legal questions or disputes regarding this agreement will be governed by
the laws of the State of North Carolina, Rowan County.
Buyer(s) acknowledge reading and understanding each of the above listed
conditions.
******seller_________________________ Buyer
____________________Witness___________________
I (we)
__________________________________________________________SS#___________________________
The undersigned,
have read this agreement, consisting of
6 (six) pages, including the FIRST RIGHT OF REFUSAL OPTION, plus the
additional provisions concerning feeding instructions and general guidelines,
and so understand and fully agree to all its terms and conditions. The written
terms of this contract constitute the entire agreement between Buyer(s) and
Breeder(s). No other written, verbal, or parol statements, promises, documents,
or writings shall have any weight of effect upon this agreement.
Signed__________________________________________________________Buyer Date___________________
Signed__________________________________________________________Buyer Date___________________
Signed__________________________________________________________Seller Date___________________
Signed__________________________________________________________Witness Date___________________
Address_________________________________________________________________________________________
Home phone
_______________work phone _______________ Cell phone_____________ DOB
__________________
Email
________________________________ SSN
___________________
DL#____________________ State______
Breeder Stud dog owner:
http://www.redyre.com
Email: redyre@carolina.rr.com
Co Breeder Linda Draper
etmoon@cox.net
http://site.etmoon.com/
*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
Option Contract
Owner _____________________, for good and sufficient
consideration, and not more than the original purchase price of $X000.00,
hereby grants Rebekah L. Pless,
Redyre Rottweilers, the first and only option to purchase the Rottweiler
commonly known and identified as
________________________________________________________________________________
Reg. Name AKC # Chip#
Should the Rottweiler ever be offered for sale, or should
the Owner wish to give or grant possession and ownership of the Rottweiler to
any other person, whether actual or legal. This option contract shall run for
the lifetime of the dog identified above, and may be made null and void only by
the express written refusal to exercise the option by Rebekah L Pless, or his/her assignee, should the
Rottweiler ever be put up for sale, or offered to another person, whether
actual or legal.
Buyer’s legal signature date
Breeder’s legal signature
date
Address_______________________________________________________________________________________________________________
Telephone_________________________________________ Dated this the ____________ day of
__________________________ , 20______