NobleK
Breed: Great Dane | Member Since 3/6/2007
TERMS OF SALE: The above-referenced dog is being sold to the purchaser(s) under the following terms and conditions. THE PURCHASE PRICES STATED BELOW ARE NON-REFUNDABLE FOR ANY REASON OR ANY TIME (see below warranties for exceptions):
All puppies will carry the NOBLEK kennel name at the beginning of the registered name. All puppies will be co-owned with NOBLEK DANES until spayed/neutered, unless otherwise stated in writing.
BREEDING: If this puppy is to ever be bred, ND will approve of all breedings. All health testing will be performed, including but not limited to: OFA hip, cardiac, thyroid, elbows, and CERF eyes. All results must be passing in order to breed Dog. Dogs must be at least 18 months of age, Bitches at least 24 months of age before any breedings will be approved. Should the dog be bred with out approval, or proper health testing, dog and all resulting get will be immediately relinquished to ND. Dogs that will be approved to breed to this dog will be of similar quality and pedigree. All OFA (Hips, Elbows, Thyroid, Cardiac, and Eyes) testing on potential mate will be completed and receive a passing rating. All resulting puppies from breeding this dog will go on spay/neuter contracts and limited registration, unless agreed upon in writing by ND. If a puppy is to go on Full Registration, ND will approve of the buyer in writing. This is to insure puppies will not end up in a puppy mill or in the hands of Back Yard Breeders. Any puppy resulting from the breeding of this dog will not be sold for less then 1200.00 to insure the new owners can afford to raise the puppy correctly. This dog, nor puppies from this dog may be sold to/through wholesale outlets, pet stores or puppy mills. If it is found that this activity has taken place there will be a $2,000 penalty per dog, and ND will have the right to repossess the dog and any offspring produced by said dog. If above dog is abused or neglected, ND reserves the right to take immediate repossession of the dog.. If this dog is on co-ownership with puppies back it may not be spayed/neutered unless the health of the dog is compromised, at which point prior arrangements must be made in writing and signed by ND. Purchaser shall send copies of spay/neuter certificate. If the dog is spayed/neutered or sold without prior consent from Seller a $2,000 penalty fee will be due. If above dog is a male, he will be sold with unlimited free stud services back to any bitch owned, co-owned or leased by ND, unless other arrangements are made in writing
Limited registration only:
If this puppy is on limited registration, Puppy will be spayed/neutered before 12 months of age. AKC papers will be sent when proof of spay/neuter is sent to ND. If puppy is bred intentionally or accidentally, while waiting to be spayed/neutered Puppy ownership will revert back to ND.
NEUTERING/SPAYING: (strike and initial if not applicable): The NEW OWNER must have the DOG neutered or spayed. The NEW OWNER must provide ND written proof of neutering or spaying signed by the veterinarian who performs the surgery by no later than ___________. If DOG is not neutered by specified date dog will be immediately returned to ND. The NEW OWNER is also required to have the DOG'S teeth cleaned at the time DOG is spayed or neutered. Proof of the spay or neuter and teeth cleaning must be provided to ND in the form of a copy of the vet bill within 10 days of the date of the surgery to be mailed to 4380 West Chicago RD. Jonesville Michigan 49250. The NEW OWNER is forbidden from breeding the DOG and agrees to relinquish the DOG back to ND if such a breeding takes place while the DOG is waiting to be spay or neutered. Transportation for return of the DOG is the responsibility of the NEW OWNER. The DOG is to be returned by the NEW OWNER back to ND at the time and to the location to be specified by ND. If the dog is not spayed or neutered by the above date, the dog is to be returned to ND with no refund of any kind. Transportation is the responsibility of the NEW OWNER.
HEALTH PROGRAM: Upon transfer of ownership of the DOG from ND to the NEW OWNER, the DOG will be immediately placed on an inoculation and heart worm prevention program established by the NEW OWNER'S licensed veterinarian. The NEW OWNER shall provide the DOG with high Quality PREMIUM food (DOG CHOW, PEDIGREE, DIAMOND and other like foods are not EXCEPTABLE. Canidae, Solid Gold, and Pro Plan are good choices.) , water, shelter, protection and any medical care deemed necessary by the NEW OWNER'S veterinarian. Purchaser acknowledges herein responsibility for maintaining the said dog in a healthy, clean and safe environment for the dog's lifetime. Purchaser further acknowledges responsibility for any and all appropriate medical care that is necessary for maintaining the health and welfare of the said dog
USE, TRAINING AND LIVING CONDITIONS: The primary and exclusive function of the DOG shall be that of inside house pet and family companion. UNDER NO CIRCUMSTANCES shall the DOG be trained as a dual personality, protection, or attack animal, or agitated in any manner, or be allowed to be used as a guard dog by any agency, firm, or corporation, organization or individual, including the NEW OWNER. UNDER NO CIRCUMSTANCES SHALL THE DOG BE MAINTAINED AS AN OUTSIDE YARD DOG, OR KEPT OR CONFINED IN A GARAGE OR DOG HOUSE OR OUTSIDE ENCLOSURE. THE DOG IS ALSO NOT TO BE LEFT OUTSIDE UNATTENDED AT ANY TIME.
PLACEMENT OF THE DOG WITH THIRD PARTIES: UNDER NO CIRCUMSTANCES IS THE SAID DOG TO BE SOLD, GIVEN, PLACED, OR OTHERWISE TRANSFERRED TO ANYONE NOT A PARTY TO THIS CONTRACT WITHOUT THE EXPRESS WRITTEN PERMISSION OF ND. In the event such a transfer occurs without the said WRITTEN permission of ND, PURCHASER SHALL BE HELD RESPONSIBLE FOR ANY ATTORNEY FEES, COURT COSTS AND OTHER EXPENSES (NOT LIMITED TO RESCUE AND BOARDING FEES) INCURRED BY BREEDER IN THE RECOVERY OF THE SAID DOG.RETURN OF DOG TO BREEDER: If due to circumstances beyond the control of Purchaser, the said dog must be given up by Purchaser, then the Purchaser shall IMMEDIATELY return the said dog to ND. THERE WILL BE NO REFUND OF THE PURCHASE PRICE OF THE SAID DOG. In addition, the Purchaser SHALL return the dog's AKC registration papers signed over to Breeder, along with the dog's current health record AND funds in the amount of $100.00 payable to ND to cover ND's future veterinary and placement costs attributable to the said dog
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RIGHT TO MONITER: ND reserves the right to monitor the health and welfare of the DOG by personal visits to the home of NEW OWNER and the DOG at any reasonable time with reasonable prior notice. If the NEW OWNER does not uphold any of the terms and conditions of this OTA, or any misrepresentations have been made by NEW OWNER, ND may reclaim the DOG at no cost, and this OTA shall become void. The NEW OWNER also agrees to notify ND within 30 days of a change of address or phone number in the event that the new owner moves or relocates.
INDEMNITY: In return for mutual considerations given in this OTA, the NEW OWNER hereby specifically releases, discharges and holds harmless NOBLE DANES, from any and all claims, damages, costs, loss of service, actions and causes of action which may arise belonging to the NEW OWNER because of any act of occurrence from the date of this OTA is signed onward until the end of time, and particularly on the account of the transfer of ownership of the DOG from ND to NEW OWNER.
LEGAL FEES AND COSTS: The cost of any legal action brought by ND against the NEW OWNER or defended by ND because of litigation brought by the NEW OWNER arising out of the terms and conditions of this OTA including any court costs, attorney fees, and/or other costs associated with bringing or defending such litigation, shall be born wholly and exclusively by the NEW OWNER. The cost of any legal action brought by an individual or entity against ND because of an act or omission of the NEW OWNER or the DOG including any court costs, attorney fees, and or other costs associated with bringing or defending such litigation, shall be borne wholly and exclusively by the NEW OWNER.
If ND finds it necessary to reclaim the DOG, all costs and attorney fees associated with bringing or defending such litigation, shall be borne wholly and exclusively by the NEW OWNER. The NEW OWNER agrees any and all legal or court proceedings or cases shall be filed and held only in the Hillsdale County Courts, Hillsdale Michigan. . Transportation for return of DOG is the responsibility of the NEW OWNER. The DOG is to be returned by NEW OWNER back to ND at the time and to the location to be specified by ND.
The NEW OWNER understands and expressly recognizes that, in the event that the NEW OWNER breaches the terms of this OTA, damages will accrue to ND that will be difficult or impossible to calculate. Accordingly, the parties hereto agree that the NEW OWNER shall pay to ND the sum of $2000.00 as liquidated damages and not a penalty in the event that ND demonstrates the NEW OWNER has breached the terms of this agreement in any way.