Dynasty Collies
Breed: Collie | Member Since 6/7/2005
This agreement is between Lori Vigil of Dynasty Collies, hereinafter referred to as “BREEDER” and ________________________________ hereinafter referred to as “BUYER”.
It is agreed between BREEDER and BUYER as follows:
DESCRIPTION OF DOG
The dog sold pursuant to the terms of this agreement is as follows
and is herein after referred to as “PUPPY”.
PUPPY is being sold for the amount of $800 (USD) and will be registered with AKC on a limited registration. An AKC limited registration means the dog is registered with the AKC but cannot compete in breed competition and any litter produced by the dog is not eligible for registration.
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LIMITATIONS OF CONTRACT
This contract applies to the original puppy and original buyer only and is non-transferable to a second party.
BREEDER AGREES TO THE FOLLOWING
• BREEDER agrees PUPPY is in good visible condition and health at the time of this sale. BREEDER has seen to it that PUPPY has been wormed, had 1 vaccine, vet checked at 8 weeks (palates, umbilical hernias, and over-all health), and tested for genetic eye disorders, by a certified veterinary ophthalmologist, at 6 weeks.
• BREEDER agrees to refund purchase price if an exam by a veterinarian within 72 hours of PUPPY’S arrival finds PUPPY to be ill or in poor health. This excludes symptoms of travel stress and/or routine adjustments to a new environment. A report of the results from the BUYER’S veterinarian must be sent to BREEDER and only after verification by BREEDER’S veterinarian, will a refund be given. Any cost to return PUPPY to BREEDER will be borne by BUYER and refund will only be given after return of PUPPY to BREEDER and after transfer of AKC limited registration paper back to BREEDER.
• BREEDER has made every effort to breed a healthy litter and agrees to the following lifetime genetic health guarantee as long as the recommended breeder vaccination schedule is followed – see next section. Should PUPPY be diagnosed with a proven crippling genetic health disorder, which is attested to by two unassociated veterinarians (one veterinarian must be a board certified specialist), BREEDER will, upon provision of veterinary reports, provide BUYER with the following option. No reimbursement for veterinary costs or costs associated with seeking veterinary opinion will be given.
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1. BUYER may keep PUPPY and accept a replacement puppy of similar quality though not necessarily of the same color, markings or sex, BUYER must pay any shipping or miscellaneous charges associated with transport of replacement puppy. Original PUPPY must be spayed or neutered and spay/neuter certificate must be provided to BREEDER before replacement will be made. BREEDER will provide a replacement puppy of equivalent quality as soon as such a puppy is available to BREEDER.
• BREEDER has vaccinated PUPPY at ages 8 weeks with a Parvo/Distemper vaccine shot. BREEDER recommends another Parvo/Distemper vaccine be given at the age of 12 and 16 weeks, at 1 year of age and then every three years thereafter. (Based on the C.S.U. Small Animal Vaccination Protocol)
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• BREEDER will furnish a copy of the A.C.V.O. certified veterinarian eye check, a health record, and a 4-generation pedigree at the time of sale.
Breeder will send AKC registration papers to Buyer at the time that verification of spay/neuter is received from veterinarian.
BUYER AGREES TO THE FOLLOWING
• BUYER agrees they are not acting as an agent for any pet store, puppy farm, research facility, broker, or any other person for re-selling purposes.
• BUYER agrees they are buying PUPPY for companion purposes only and PUPPY is never to be bred or used for breeding purposes. BUYER will have PUPPY altered (spayed/neutered) and proof (in the form of veterinary statement or invoice) shall be provided to BREEDER by the age of 6 months. Failure to alter PUPPY by the required age will result in breach of contract and puppy will be returned to Breeder at Buyers expense.
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All AKC registration papers will be held by Dynasty Collies until proof of spay/neuter is received
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• BUYER understands that PUPPY has been sold with an AKC limited registration. Limited registration precludes BUYER from showing in conformation and from registering any litters produced or sired by PUPPY. A limited registration entitles BUYER to register PUPPY with AKC and compete in all AKC sanctioned events other than conformation.
• BUYER agrees PUPPY will be registered with AKC using the “Dynasty” prefix at the beginning of the registered name.
• BUYER agrees to maintain PUPPY in good health and to provide routine veterinary care, including but not limited to vaccines, annual medical exams, and seasonal heartworm preventative. BREEDER recommends the brand Interceptor is used for heartworm preventative.
• BUYER agrees to provide PUPPY with proper nutrition in the form of a high quality dog food, fresh water, shelter, a safe fenced yard, clean environment, timely grooming, and socialization.
• BUYER agrees to notify BREEDER of any health issues PUPPY may develop so that proper breeding records are maintained.
• BUYER agrees that PUPPY is not to be left solely in a backyard or kennel and will be allowed to spend time in the home with family members. BUYER also agrees that PUPPY will not be chained or tied out for ANY amount of time, allowed to run off leash in a public area, or ride loose in the cargo area of a vehicle.
• BUYER agrees PUPPY is being bought with the intention of providing companionship to BUYER for the rest of PUPPY’S natural life. If BUYER cannot keep PUPPY for any reason, PUPPY is not to be placed with a third party, humane society, and animal shelter or released to a rescue group. BREEDER is to be contacted and offered first right of refusal. Upon taking first right of refusal, no refund or replacement will be made to BUYER. Failure to do so will result in breach of contract.
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• BUYER agrees payment is due before the PUPPY is taken home. BUYER also realizes that shipping costs - airfare, crate, health certificate and rabies vaccine - are BUYER’S responsibility and must be paid in advance.
• BUYER agrees that should they break any of the covenants of this contract, the remainder of the contract will be considered null and void. ________ BREEDER Initial ________ BUYER Initial
BREEDER AND BUYER AGREES TO THE FOLLOWING
• BREEDER and BUYER agree to notify each other, within 30 days, of any change in address, phone number or email address for the duration of PUPPY’S life.
BREACH OF CONTRACT
• Should BUYER fail to comply with the terms of this agreement, upon court awarding decision of “breach of contract”, BUYER agrees to pay BREEDER $3500.00 (USD) in liquidated damages for damages to the BREEDER’S kennel name and reputation, time, trouble, and mental duress.
• Refund of PUPPY will also be forfeited should the BREEDER be awarded the return of PUPPY through litigation.
• In the event that any litigation is commenced to enforce the terms of this agreement the BREEDER shall be entitled to the costs thereof; including, but not limited to, reasonable attorney’s fees, expenses and transportation costs.
• Any, and all, litigation shall take place in the county of Jefferson County, Colorado. Either party shall contact the first party in notification of such action and proof of notification shall be provided to the court. In the absence from court on the date set forth, the absent party shall forfeit their rights to be heard.
• Both parties do hereby agree to abide by the decision of the court of Jefferson County, Colorado; and further understand that action to enforce the decision of the court will be taken within their state, or any state, county or country, to execute the decision of the court of Jefferson County, Colorado. ________ BREEDER Initial ________ BUYER Initial
BREEDER’S STATEMENT
As a collie breeder, dedicated to the breed and a member in good standing with the Collie Club Of America and Collie Club Of Colorado, I recognize my responsibility to breed only for the betterment of the breed. I sell this collie in good faith that it is a healthy and respectable compliment of its breed. As the breeder I offer guidance and support to the buyer for the lifetime of this puppy.
ACCEPTANCE
I/We the undersigned, have thoroughly read and understand the contents of the entirety of this agreement and acknowledge this to be a true and binding contract. By the signing of this contract, I/We, do hereby agree and make absolute promise to abide by its terms and conditions.
Date:
Breeder: Lori Vigil www.dynastycollies.com
Address: 7085 W Rowland Ave Littleton, CO 80128
Phone/Email: (303) 904-6852/lori@dynastycollies.com
Signature:__________________________________________________
Date: Date:
Buyer(s): Buyer:
Address: Address:
Phone/Email: Phone/email:
Signature:_____________________________________________ Signature:________________________________________