BILL OF SALE / SALE CONTRACT FOR DOG OR PUPPY
THIS AGREEMENT made the _____ day of ______________, 20_____ by and between: Buyer:
Name: ______________________________________________________________________________ Address: ______________________________________________________________________________ Phone: _______________________________ Email: _____________________________ and Seller:
Von Prinz German Shepherds (309) 245-9969
UPON PAYMENT of the sum of $____________________ paid by Buyer to Seller (the “Purchase Price”), receipt of which is hereby acknowledged, Seller grants, sells, conveys and transfers ownership of the following Puppy or Dog (the “Dog”) to Buyer:
Name of Dog (if any): ______________________________________________
Color: _____________________ Date of Birth: / / Sex: _________________
Sire Name: __________________________________Dam Name:________________________________
The Buyer and Seller (the “Parties”) acknowledge that the attached Terms and Conditions constitute part of this Bill of Sale/Sale Contract for Dog or Puppy, and the Buyer and Seller accept and agree to be comply with and be bound by said attached Terms and Conditions governing the purchase and sale of the Dog or Puppy.
_____________ ___________________________________________________ Date Signature of Buyer _____________ ___________________________________________________ Date Signature of Seller
TERMS AND CONDITIONS (WHICH CONSTITUTE PART OF THE BILL OF SALE/SALE CONTRACT FOR DOG) THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION
Holding Fee, Payment of Purchase Price, Fees
Buyer has paid a holding fee of $______________, with payment of the balance of $____________ due upon release of the Dog to Buyer. The expected delivery date is _________________________, or such other date as the parties may mutually agree. Payment of the balance may be made by cash. Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the Dog if: (a) Buyer fails to complete the purchase of the Dog for any reason, or (b) Buyer fails to pay the balance of the Purchase Price within ____ days of the agreed delivery date. If either of the two (2) aforesaid events occur, Seller shall be free to sell the Puppy/Dog to another party.
In the event that the Dog is not available due to sickness, death, or any other circumstance due to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either (i) refunded, or (ii) transferred to the next litter of puppies.
A boarding fee of $20.00 per day will be charged for each day the Dog is boarded by Seller past the agreed delivery date.
Transfer of Ownership and Registration
Upon payment in full of the Purchase Price, Seller shall promptly take all actions required to officially transfer ownership and registration of the Dog to Buyer.
Seller’s Representations and Warranties, including Health Guarantee
Seller represents and warrants to Buyer that:
(a) Seller is the true and legal owner of the Dog and that Seller has full legal rights and authority to sell the Dog.
(b) The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance. (c) Seller guarantees that the Dog is a purebred offspring of the purebred sire and purebred dam set out on page 1 of this Agreement.
(d) The Dog is in good health, and free of communicable diseases at the time of this sale and Seller has conducted a veterinarian health check prior to delivery of the Dog and has followed vaccination and deworming protocols as outlined by the Seller’s veterinarian. Notwithstanding any statutory, ordinance or legal provisions to the contrary, Buyer has two (2) business days (48 hours) from the delivery date to have the Dog examined by a licensed veterinarian, at Buyer’s sole cost. Buyer agrees to not subject the Dog to a SNAP Parvo test and acknowledges that a SNAP Parvo test is inaccurate and unreliable as an indicator of Parvo.
(e) If the Dog fails the health examination, Buyer must notify Seller within five (5) business days of the examination by providing written evidence from the veterinarian that conducted the examination clearly describing the condition. Under these circumstances, Buyer’s sole option is to return the Dog to the Seller, and it will be exchanged for Dog of equal value from available puppies, or from the next available litter. Seller will not accept any return of Dog for a monetary refund for any reason—no exceptions. Notwithstanding the foregoing, Seller in her/his sole discretion may offer the Buyer another option outside the provisions of this Sale Contract to resolve any dispute between the Parties related to the health of the Dog. Failure by Buyer to have the Dog examined within the 2 business day (48 hour) period will nullify this health warranty. If Buyer chooses to keep the Dog, this health guarantee will be null and void, no replacement will be given and all medical costs and treatment are sole responsibility of the Buyer. Buyer shall be responsible for any and all transportation costs associated with the return of the Dog to Seller.
(f) In the unlikely event of the death of the Dog in the first two (2) business days following delivery, and Buyer seeks an exchange for a different Dog as provided herein, a necropsy report prepared and signed by a licensed veterinarian stating that the cause of death was due to a defect covered by this guarantee is required to be delivered to Seller within five (5) business days of death.
(g) Buyer is responsible for all medical costs associated with the Puppy/Dog upon delivery and acceptance. This health guarantee does NOT cover: allergies, hypoglycemia, cherry eye, ectropion, allergies, undescended testicles, stenotic nares, elongated soft pallet, umbilical hernia, dermatitis, demodetic mange, kennel cough, internal parasites, epi, giardia, or coccidia. Once Buyer takes possession of the Dog, Buyer is responsible for the Dog’s environment, exposure to injury and health, including all costs associated with the same. Seller has provided Buyer with New Dog/Puppy Care Instructions, attached as Exhibit A. Seller will NOT replace a Dog due to heat stroke, abuse/neglect, or improper socialization. Buyer agrees that she/he has thoroughly researched the breed of the Dog purchased, and understands the many health issues that the breed being purchased can possess. This health guarantee covers only the original Buyer and is not transferable.
(h) Seller guarantees that the Dog shall be free of congenital defects or any hereditary condition, which adversely affects your Dog’s health for the period of six (6) months from date of purchase. If within six (6) months of date of purchase from Seller, the Dog is found and certified by two (2) duly licensed doctors of veterinary medicine (DVM) of Buyer’s choosing to have a congenital or hereditary condition which adversely affects the health of the Dog, and if Seller is notified within five (5) business days of the veterinarian’s determination, Seller will provide Buyer with a replacement puppy of equivalent value. All laboratory verification must be done by a licensed DVM.
(h) To ensure that Buyer does not euthanize the Dog, or take it to an animal shelter, Seller agrees to accept return of the Dog at any time during the Dog’s lifetime. Seller will not issue a refund or provide another Dog to Buyer unless Seller at her/his sole option elects to do so.
(i) Seller will not honor any diagnosis from an HSVMA (Humane Society Veterinary Medical Association) veterinarian or any veterinarian associated with Banfield Veterinarian Services.
(j) Seller guarantees the puppy to be free from genetic crippling Hip-dysplasia (rates severe by OFA) for 2 years from date of transfer. Buyer must provide the Orthopedic Animals Foundation statement (for hips) rated, severe by OFA. If the dog is determined to have crippling Hip dysplasia than the seller will replace the puppy with another puppy of equal or higher value at the first available litter. ALL Expenses of getting the new dog are Buyers responsibility. Buyer May keep original Pup! Seller is under no obligation to refund the money paid for the puppy . The seller is not responsible for any veterinarian bills, or health care costs for the original dog that the buyer decides to keep.
(k) Buyer understands that the dog is being sold on a non-breeding agreement. This dog is not intended for breeding purposes and the dog is not to be bred in any manner. Buyer agrees not to breed dog. By placing the dog on a non-breeding agreement, the seller is demonstrating concern for the integrity and future of their bloodlines and reputation of the seller's kennel name, the health of the dog, a commitment to preserving excellence within the breed by controlling which of their puppies may be bred, and in an effort to help control the pet population. Buyer shall not seek breeding registration with any other dog registry without Sellers written consent. Buyer shall not change dog's AKC registered name by registering with any registry that allows this. Buyer must use the prefix (Von Prinz) on any and all registration. The parties further agree that, in the event that if the dog is bred or whelps a litter without the Breeder' prior consent in changing of the AKC paperwork, the Breeder is entitled to monetary damages separately from any and all parties involved in such. The monetary damages shall be $5000.00 for each resulting pup in the litter.
(l) Since all puppies have an immature immune system and due to the varying kinds of dog food on the market and the different environmental conditions that dogs come in contact with, Buyer is aware that breeder recommends NuVet daily supplements at the manufacturer’s suggested dosage for at least 1 (one) year.
4. Fitness of Purpose
The Dog was bred as a companion animal, and Seller does not provide any warranty as to the Dog’s fitness for any specific or particular purpose, including but not limited to obedience trials, show ring performance, and/or breeding purposes.
5. Buyer’s Representations
Buyer represents to Seller that:
(a) Buyer has read and understands completely and agrees to the terms and conditions set forth the attached New Dog/Puppy Care Instructions, Exhibit A hereto. Buyer’s acknowledgement: ______________________ (Signature of Buyer)
(b) Your Dog comes with up to date vaccinations, and Buyer should follow the sellers advice on when the next time the Dog needs vaccinated in order to avoid over-vaccination. The Breeder is not responsible for any communicable diseases or reactions from vaccinations once the veterinarian has cleared the puppy in the first check up that your puppy is to have
(c) Buyer will not have the Dog spayed or neutered before the age of eighteen (18) months preferably two (2) years. Spaying, neutering or breeding of the Dog before this age shall terminate any health guarantee made by Seller within this Agreement.
(d) The Dog will reside with Buyer as companion pet to Buyer and Buyer’s family unless otherwise agreed to in writing by Seller and Buyer.
(e) Buyer will keep the Dog in an enclosed area of adequate size and will not allow the Dog to roam at will or unconfined.
(f) Buyer will provide the Dog with nutritious food and necessary veterinary care, including deworming, heartworm prevention, flea and tick prevention and regular vaccinations (including rabies) and as further outlined in the attached New Dog/Puppy Care Instructions, Exhibit A hereto.
(g) Buyer warrants and represents that she/he are not acting as the agent or representative of, or in any way on behalf of, any other person, business, organization or entity in the purchase of the Dog.
(h) Buyer warrants and represents that she/he will not under any circumstances sell, give, transfer or release the Dog to a pet shop, retail store, dog dealer, animal testing facility, research facility, or any agent or representative of any such business, facility, organization or entity.
(i) In the event Buyer sells or otherwise transfers ownership of the Dog, with sellers consent, to a new owner, Buyer shall ensure that the new owner agrees in writing to comply with the terms of this Agreement.
(j) Buyer certifies that she/he is not a paid worker, member or volunteer for any animal rights groups such as, but not limited to, the Humane Society of the United States (HSUS), American Society for the Prevention of Cruelty to Animals (ASPCA), Society for the Prevention of Cruelty to Animals (SPCA), People for the Ethical Treatment of Animals (PETA), or any such similar organization (on either a national, state or local level).
(k) Temperament issues are not covered by any health guarantee set forth in this Agreement or otherwise, as they can be caused by a number of factors outside the control of the Seller, including without limitation lack of training, discipline, neglect, abuse, or proper socialization.
6. Indemnity and Release
If any act, omission or failure to act on the part of Buyer shall result in any claim or suit for any kind of loss, damage, injury, death, or liability against Seller, Buyer agrees to hold harmless and fully indemnify, defend Seller against any and all claims. In addition, Buyer shall take financial responsibility and pay all of Seller’s costs and expenses, including reasonable legal fees, for any amount paid in settlement and/or for any award or judgment with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including but not limited to damage to or destruction of property, and/or injury, illness or damage to any person.
7. Binding Arbitration Provision
This Agreement contains a binding Arbitration Provision:
BINDING ARBITRATION PROVISION:
ANY DISPUTE OR DISAGREEMENT REGARDING THE TERMS, CONDITIONS,IMPLEMENTATION OR OPERATION OF THIS AGREEMENT WHICH CANNOT BE RESOLVED BY BUYER AND SELLER SHALL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WHICH ARBITRATION SHALL TAKE PLACE IN THE FARMINGTON, ILLINOIS AREA. THE ARBITRATION DECISION SHALL BE BINDING ON THE PARTIES, THEIR ATTORNEY, AND THEIR AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES AND THEIR ATTORNEYS EXPRESSLY AND KNOWINGLY ACKNOWLEDGE, BUT WAIVE THEIR RIGHTS TO A TRIAL, WHETHER BY JURY OR NON JURY, IN CONSIDERATION OF THE INCREASED SPEED AND LOWER COSTS TYPICALLY ASSOCIATED WITH ARBITRATION OVER TRIALS, AS WELL AS THE BINDING EFFECT OF THE ARBITRATION DECISION IN THIS MATTER.
8. Limitation of Action
Notwithstanding any federal, state or local statutory, ordinance or legal provision to the contrary, Buyer and Seller contractually agree that any action or claim brought by Buyer against Seller for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of ILLINOIS.
10. Entire Agreement
This Agreement, including New Dog/Puppy Care Instructions, Exhibit A hereto, represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied. Any additions, deletions or changes to this Agreement shall be set forth in writing, dated and signed by Buyer and Seller. The only warranties given under this Agreement are those expressly set forth herein. Buyer acknowledges that by signing this Bill of Sale/Sale Contract, she/he is entering into a legal and binding contract.
________ ___________________________________________________ Date Signature of Buyer ________ ___________________________________________________ Date Signature of Seller
Acknowledgement of Receipt
By signing this document below, the Buyer agrees that she/he understands this Agreement in its entirety and acknowledges receipt of the Dog into their possession. __________ ___________________________________________________ Date Signature of Buyer
New Dog/Puppy Care Instructions
Congratulations on your new dog/puppy! We hope to help make your experience a positive one for you and your family. New puppies, need specific care guidelines in the first weeks and months in their new environment. Your puppy will need to transition from his current home to his new home, and it is very important for your puppy’s health that you read and follow our guidelines closely. Puppies can be fragile and your attention to the following will make your puppy’s experience and your experience a better one.
1. We recommend for you to transport your new puppy home in a pet transport crate. This crate will also serve as the puppy’s kennel for the first few months to make them feel safe and secure. Providing your puppy or dog with an indoor kennel crate can satisfy their instinctive need for a den-like enclosure. Besides being an effective housebreaking tool (because it takes advantage of the dog's natural reluctance to soil its sleeping place), it can also help reduce separation anxiety, prevent destructive behavior (such as chewing furniture), keep a puppy away from potentially dangerous household items (i.e., poisons, electrical wires, etc.), and serve as a mobile indoor dog house which can be moved from room to room whenever necessary. We encourage you to learn about the benefits of crate training your new puppy.
2. Wait a day or two before introducing your new puppy to existing pets, and avoid excessive and rigorous play, and unsupervised contact with young children during that period. New puppies need a lot of quiet time to rest. Too much playtime can stress the puppy. Put the puppy in its crate and leave it alone for regular naps. Remember everything is NEW for the puppy and the puppy needs time to acclimate to its new home.
3. The most important thing is to make sure that your new puppy eats and drinks. The first day make sure that they are drinking. New puppies will have upset stomachs due to the stress of leaving the only home they have known. We recommend feeding the food we send home with you to transition your new puppy into their new home and atmosphere. Changing food abruptly can cause digestive problems.
4. It is suggested that you do NOT take your puppy to parks, pet stores or other public places until they are at least 4 months of age and all vaccinations are completed. The risk of your puppy contracting Parvo-virus, Kennel Cough, Distemper and other communicable diseases is not worth the risk.
5. Do not give your puppy bones, table scraps, milk, or treats. Any change in diet will upset the puppy’s stomach.
6. Keep your new puppy inside and warm in the winter, and cool and shaded in the summer.
7. COCCIDIOSIS – or Coccidia in dogs, is a parasite which can be commonly found in puppies. Coccidia can become a problem during stressful periods such as transport, relocation, and entrance to a new environment. Some of the first signs of this problem is a bloody or loose stool, or diarrhea, lethargy, and not eating or drinking. If you notice these systems, take your puppy to your regular vet for evaluation and treatment immediately. Coccidia can be easily treated if you are alert and seek veterinarian help early on.
8. Your breeder is your best resource for information and solving most puppy problems or concerns. We are here to help you and make sure your puppy experience is a positive one.
Von Prinz German Shepherds