THIS IS TO CERTIFY THAT ON AGREEMENT DATE: _________________________,
CATHERINE ANGUS, AVALON MASTIFFS, (hereinafter known as the "Breeder"), did sell to:
NAME: _______________________________________________(hereinafter known as the Buyer) ADDRESS:____________________________________________________________________
CITY, STATE, ZIP: _____________________________________________________________
PHONE NUMBER: _____________________________________________________________
the following described Mastiff:
LITTER NUMBER: ________________ DAM:________________________________________
SEX: ___________________________ DAM'S AKC NO.: _____________________________
DATE OF BIRTH: _________________ SIRE:________________________________________
COLOR: ________________________ SIRE'S AKC NO.: ______________________________
DOG DELIVERED: ________________ PAPERS DELIVER: ____________________________
under the following conditions:
I. PURCHASE PRICE:
Purchase Price of ____________________________ paid by the Buyer to the Breeder; and,
II. TRANSPORTATION COSTS:
Transportation costs paid by the Buyer.
III. ENTIRE AGREEMENT:
By their signatures affixed to this document, both parties agree to the terms stated herein.
A. NAME OF ANIMAL:
The Breeder's kennel prefix of "AVALON" must appear at the beginning of the dog's registered name on the AKC Registration Certificate.
B. WARRANTIES:
1. The Breeder warrants that the dog is in excellent health but has not made and does not now make any further warranties as to the dog's condition or potential.C. BUYER'S CARE OF ANIMAL:
2. The Buyer should take the dog to a veterinarian of his choice within 72 hours of receipt of this dog. If the veterinarian finds the dog not healthy, or not sound, or to possess a serious congenital defect and a veterinarian's certificate is supplied to the Breeder so stating, the Buyer may return the dog to the Breeder and receive a full, immediate refund of the purchase price.
3. If at any time up until the dog reaches its first birthday, this dog is found to possess a serious congenital or genetic defect, it shall be handled in the following manner:
a. The Buyer must provide a veterinarian's certificate so stating and the certificate must be accompanied by x-rays, full medical history and findings. All materials must be sent to a veterinarian of the Breeder's choosing.
b. The Breeder has the right, and the Buyer fully agrees, to have this animal evaluated and x-rayed by a veterinarian of the Breeder's choosing.
c. If it is conclusive that the congenital or genetic defect is in fact a hereditary condition that was not contributed to through the Buyer's care and environment and that this condition could not have been avoided, the Buyer is entitled to replacement with a dog of equal value or, by mutual agreement, the Breeder will provide a partial refund of the purchase price upon proof that the dog has been neutered or spayed so that the problem will not be passed along into future progeny.
d. If there is a dispute between the opinions of the two veterinarians, the third and deciding veterinarian will be VRCS (Veterinarian Radiology Consultation Service)in Lansing, New York and their opinion will be accepted as final.
1. The buyer agrees that this dog will not be raised on slippery surfaces or allowed to bound up and down stairs since these activities will contribute to dislocated shoulders, hips, and damaged elbows. The Buyer also agrees that the dog's weight will be under strict supervision until the dog reaches his second birthday. It would be far better for the animal to be slightly underweight than overweight because the excess weight will also break down the structure. Nothing must be given to this dog that will encourage rapid growth.D. SALE OR TRANSFER OF ANIMAL/RETURN OF ANIMAL TO BREEDER
2. The Buyer agrees to provide this dog with the highest quality of care, including fresh water at all times, quality food, appropriate shelter from heat or cold, active and loving companionship, appropriate but not forced exercise, socialization, and veterinary care as needed.
3. The Buyer agrees to treat this dog as a household pet and to give it proper love and attention at all times. The Buyer further agrees that this dog will never be chained outside or tied to a stake or trained as a guard/attack dog. The mastiff does not have the temperament for this and to do so could be disastrous to the animal.
4. The Breeder has explained that socialization is extremely important in the proper rearing of a Mastiff puppy if he is to become a temperamentally stable adult dog and canine good citizen. The Buyer agrees to provide socialization with people and other dogs on a regular basis.
5. The Breeder recommends that the Buyer have the dog's hips and elbows x-rayed when the dog reaches two years of age for the purpose of OFA (Orthopedic Foundation for Animals) Certification. The Breeder recommends that the Buyer have the dog's eyes CERF'd every two years. The Buyer is not obligated to have these tests performed.
1. If the Buyer can no longer care for the animal, the Buyer agrees to return this animal to the Breeder, at the Buyer's expense. Further, the Buyer agrees that this Mastiff will never be transferred to a third party either by loan, gift, sale or in any other manner. This includes, but is not limited the Mastiff Club of America, Inc. Rescue Service or any other pound, humane society, animal care organization, or rescue service or organization.E. REIMBURSEMENT TO BUYER:
2. If for any reason Buyer cannot or does not wish to maintain custody of this Mastiff, ownership will revert directly back to Breeder, including signing and remitting all AKC papers to the Breeder. The Buyer shall make a sincere attempt to contact Breeder by phone and by registered letter. If after (10) days the Breeder can not be contacted, or should the Buyer need to immediately release custody of the dog, the Buyer shall contact the persons listed below who are authorized by the Breeder to take possession of the dog in such event.
(Names with addresses and phone numbers are disclosed on the actual contract.)
The Buyer shall fully disclose the reason he cannot maintain the animal, disclose the name of Breeder and provide all records to the authorized contact person.
3. Transportation to return the dog to the Breeder and all expenses incurred in transporting the dog to the Breeder or authorized contact person as specified in item 9 are the responsibility of Buyer.
1. Breeder agrees to reimburse Buyer for the dog if the Breeder resells the animal at the price for which it is resold, minus the Breeder's expenses incurred on the dog. If the Breeder resells the dog, the price shall be that which Breeder deems as reasonable. Buyer understands that Breeder will consider the dog's age, health, temperament, and overall condition in establishing a price for the resale of the animal. Buyer understands that an older dog can not be reimbursed for the same price as a puppy and that extenuating circumstances of the dog may make it impossible to sell the dog at all thereby generating no refund of price. If the dog has not received adequate socialization or if health considerations exist, the Breeder may use any money received for the animal for its rehabilitation and health care. Copies of receipts shall be provided to Buyer upon request. Buyer and Breeder hereby agree that the first concern shall be for the welfare of the dog.F. FAILURE TO COMPLY WITH AGREEMENT:
2. The Buyer agrees to notify the Breeder if they change address or telephone number to allow Breeder to keep track of the dog.
1. If the conditions of this contract are not adhered to, the Buyer fully agrees that the Breeder has the right to repossess this dog at any time. It is understood that these conditions are set forth for the welfare and protection of the dog involved and the Mastiff breed, as well as for the two parties, Buyer and Breeder.G. OTHER TERMS AND CONDITIONS:
2. Failure on the part of the Buyer to comply with Paragraphs D.1-3 will render him liable to the Breeder for liquidated damages of $5,000.00 (Five Thousand Dollars), plus reasonable attorney's fees, for the harm done to the name of the Breeder, the Avalon kennel operation, and to the mastiff breed.
3. Should the Buyer to fail to comply with Paragraph D.1. by placing this animal into the custody of the Mastiff Club of America, Inc. Rescue Service, pound, humane society, animal care organization, or any other rescue organization or service instead of being returned to the Breeder as specified and agreed upon, the Buyer will be liable to the Breeder for an additional penalty of $1,000 (one thousand dollars) for the willful breech of this contract, as well as the damage done to the Breeder and the Avalon kennel operation due to public humiliation, ridicule, or personal embarrassment to the Breeder.
1. The buyer will not transfer ownership of any pup issuing from this dog to any person or organization whose intent is to resell, trade, or give away the puppy or to use it in laboratory experiments.
2. The validity and enforceability of this Sales Agreement shall be governed by the laws of the State of South Carolina without regard to any conflict of laws with any other state. The parties hereby agree that any legal action by one party against the other under this Agreement shall be instituted in the State of South Carolina. Both parties consent to the jurisdiction of the courts of the State of South Carolina in any such action. The Buyer waives all rights to jurisdictional defense to the institution of such action in South Carolina.
The parties agree that by entering into this Agreement, they are transacting business within the State of South Carolina for the purpose of being subject to the jurisdiction of the courts. Any litigation commenced shall take place in the state and county of Orangeburg County, South Carolina.
In the event of such action, the Plaintiff shall contact the Defendant in such action to provide notification of such action and proof of this notification shall be provided to the court. In the event of their absence from court on the date set forth, both parties do hereby agree to abide by the decision of the court of Orangeburg County, South Carolina. Both parties agree that action to enforce the decision of this court will be taken within their state, or any state or county, to execute the decision of the court of Orangeburg County, South Carolina.
3. Except as provided herein, there are no other terms, conditions, or warranties made, either expressed or implied, except as stated below:
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__________________________________ _____________________________________ SIGNED (Name of Buyer) SIGNED (Name of Breeder) __________________________________ _____________________________________ SIGNED (Name of Buyer) SIGNED (Name of Breeder) __________________________________ Street Address AVALON MASTIFFS __________________________________ Catherine S. Angus Mailing Address (if different) 1719 Homestead Rd. __________________________________ Bowman, SC City, State, Zip (803) 534-1573 ___________________________________ e-mail: mastyff@ix.netcom.com Telephone URL: https://www.angelfire.com/sc/AvalonMastiffs/index.html
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