A. For the purpose of this contract, show quality prospect shall mean a dog free from major faults, and estimated to be capable of achieving an AKC Championship title with proper handling and promotion, and capable of attaining OFA hip and elbow Certification, and free of inherited Eye Disease.
B. For the purpose of this contract, major faults shall mean those faults recognized by the appropriate AKC breed standard in force at the time of this contract which would disqualify said dog from show conformation classes.
C. For the purpose of this contract, OFA certification shall mean a dog certified free of hip disease in the manner as prescribed by the Orthopiedic Foundation Of America, as free of hip and elbow displasia and given a registration number by the OFA for hips and elbows.
III OBLIGATIONS OF SELLER
A. Seller warrants that said dog is a purebred dog and is registrable with the AKC and that said dog is out of parents which have both received OFA certification.
B. Seller will provide buyer at the time and date of this contract a true copy of said dog's AKC registration slip or litter registration slip and a true copy of said dogs pedigree of at least 3 generations.
C. Seller warrants that said dog has been properly cared for up to and including the date of this contract, and will provide buyer with and individual health record for said dog, warranty void if dog is not examined by a licensed veterinarian within 72 hours of purchase, and at buyers expense.
D. Seller hereby agrees that the buyer may for any reason whatsoever, return said dog at any time during its lifetime. Any shipping expenses are the responisbility of the owner. If this dog fails to receive OFA certification for hips or elbows or CERF, or is found to have any degree of SubAortic Stenosis, it will be replaced with a like prospect from the next available litter, or purchase price will be refunded to the current pet price. Original puppy need not be returned, but proof of sterilization will be required. Original contract shall apply to any replacement puppy. NO refund OR replacement will be made if the fault it the result of mistreatment, improper diet, or lack of proper care.
IV. OBLIGATIONS OF OWNER
A. Owner hereby agrees to properly care for said dog, providing high quality food as recommended by the breeder, fresh water, and exercise daily, and to maintain said dog in good health at all times, keeping current with shots, vaccinations, worming and any other appropriate veterinary care, including heartworm preventative, and agrees to assume all financial and legal responisbility for said dog from the time of this contract.
B. Owner hereby agrees that said dog will never be used in violation of any local, state or federal laws, or in any manner which would be detrimental to the health, safety, or well-being of said dog.
C. Owner hereby agrees to confine said dog in a securely fenced and locked enclosure at all times when not under the supervision of a qualified adult. Dog shall not be chained or tied out in any way at any time. Said dog shall not be allowed to run or roam free unless under the direct supervision and voice control of a qualified adult, and must never run free in violation of any leash law at any time. INVISIBLE OR RADIO TYPE FENCES DO NOT MEET THE CONDITIONS OF THIS CONTRACT.
D. Owner agrees that said dog will not be bred or used for breeding purposes unless ALL of the following conditions are met, nor bred to any dog, Male or Female, which does not meet the same conditions.
1) Dog(dog shall mean male or female) must be AKC or CKC Registered.
2) Dog must be OFA certified, hips and elbows.
3) Dog must have current CERF test, and negative Brucellosis
4) Dog must be proven cardiac normal by a Veterinary Cardiologist
5) Dog named in this contract must be judged to be of very good to excellent quality by at least 2 parties agreeable to the buyer and seller inorder to be used for breeding. This restriction is removed if the dog is a finished breed Champion or holds both breed and working titles.
6) No bitch shall be bred more than once in any calendar year unless a breeding produces 2 or less live puppies. Any back to back breeding of a bitch shall be followed by a rest of at least 12(twelve) calendar months. No male dog shall be bred more than 20 (twenty) time in a single calendar year. Collection of semen for frozen preservation is not included in thie 20 breeding limit, but use of frozen semen to produce a litter is.
7) All puppies produced or sired by this dog shall be sold on contract in accordance with the Practices and Principles of the American Rottweiler Club. This dog shall not be bred in such a manner as to ever provide any breeding stock to any commercial or backyard breeders. All puppies produced or sired by this dog graded as pet quality to be sold on limited registration, with spay or neuter required.
D. Owner hereby agrees that any abuse or neglect of dog, physical, emotional, or otherwise, whether intentional or involuntary, will void all claims to said dog, and that all rights and legal claims and full ownership will immediately and automatically revert to seller with no recourse to owner whatsoever.
E. Owner agrees that in the event owner no longer wishes to keep or is unable to keep said dog for any reason whatsoever that CLEARVIEW ROTTWEILERS will be notified at once, and offered FIRST RIGHT OF REFUSAL to purchase dog at the original purchase price. Dog shall not be sold, transferred, given away, disposed of, destroyed, or change ownership in any way without the express written permission and approval of CLEARVIEW. Should said dog be so transferred in violation of this contract, seller shall be entitled to damages up to 10(ten) times the original purchase price or $10,000.00 US whichever is greater. Owner agrees to keep CLEARVIEW ROTTWEILERS advised of current address and telephone number for the lifetime of the dog. CLEARVIEW shall be notified immediately of any serious injury, illness, or death for whatever reason.
F. Owners________________________hereby grant to (breeder's name), CLEARVIEW ROTTWEILERS, or her authorized agent, the first and only Option to purchase the said dog should the dog ever be offered for sale, or should Owner wish to give or grant possession and ownership to the Rottweiler to any other person, whether actual or legal. This First Right Of Refusal Option shall run for the life of the dog, and may be made null and void only by the express written refusal to exercise the option by REBEKAH L. JAMES or her authorized agent, should the dog ever by put up for sale, or offered to another person, whether actual or legal.
G. Owner agrees that said dog will be trained to no less than the AKC Companion dog level by the age of 24 months.
H. Owner agrees that each and every breeding made by this dog in violation of this contract wherein a litter is whelped and registered will result in a monetary penalty of $2,000.00 US.
A. In the event of transfer of ownership or transfer of interest of said dog from owner, either intentionally or unintentionally with or without consideration, seller's said 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 said dog.
B. In the event any legal action is necessary by either owner or seller 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 attorneys fee.
C. Owner agrees to indemnify seller for any legal action arising from the actions of said dog.
D.Clearview Rottweilers, (breeder's name), nor her officers or agents do not in any way warrant or guarantee the actions or the behavior of this dog once it leaves the property of (Breeder's Name). Buyer assumes the sole reponsibility of the dog and agrees to indemnify and save the aforementioned parties harmless from any and all loss and expense, including legal fees, by reason of the liability imposed by law upon any of the aforementioned parties for damage because of bodily injuries including death at any time resulting therefrom, sustained by any person or persons arising out of the actions of this dog or in consequence of the purchase of this dog, howsoever such injuries, death, or damage to property may be caused, and whether or not the same may have been caused or may be alleged to have been caused by negligence of the aforementioned parties or any of their agents, or any other persons.
A.When you sign this contract, you acknowledge you have read and agreed to the provisions of this contract. This contract is exceuted in two counterparts with an executed counterpart retained by each party hereto. The undersigned have carefully read the entire contact, and so understand and agree to its terms and contitions. Ther written terms of this contract constitute the entire agreement and no other written, verbal or parol statements, promises, documents or writings shall have any weight or effect upon this contract.
A. If the legal residence of the buyer is not the State of (breeder's state of residence), this contract MUST be signed and notarized by the buyer(s) in the state of the buyer's residence. All legal questions or disputes regarding this contract will be governed by the laws of the State of (breeder's residence), USA, venue in (county of breeder's residence). Buyer acknowledges reading and understanding each of the above listed conditions. Signed__________________________________________Date________________