About
Time Italian Greyhound Show/Breed Contract
Last Updated 01/01/2009
This agreement is made, and hereby
entered into, on ___________________, 200____
by Laura Essenmacher of About Time Italian Greyhounds, hereafter referred to
as "Breeder", and
Name: _________________________________________________________________,
Address:________________________________________________________________
________________________________________________________________________
Phone:_____________________________ Email:______________________________
hereafter referred to as Purchaser.
This contract is for the purpose of setting forth the terms and conditions for
the sale/purchase of a purebred show prospect Italian Greyhound.
Purchase price: $_________________; Purchase date: __________________________.
Show Prospect Terms
Purchaser understands that the Italian Greyhound:
Registration Name: _About_Time(’s)_____________________________________;
AKC Registration No:___________________ Call Name ________________________;
D.O.B: _____________ ; Sex:_________________;
Color: ________________________________________________________________;
Sire: ___________________________________________; Reg
No: _________________;
Dam: ___________________________________________; Reg
No: _________________;
Hereinafter referred to as "Puppy",
“Dog” or “Italian Greyhound”, is being sold as a show prospect. “Show prospect”
shall be understood to mean that the dog has no disqualifying cosmetic faults
as defined by the AKC breed standard at the time of the sale, that no genetic
disorders are immediately apparent, and that Breeder deems dog to be of sufficient
quality to be shown.
Each party voluntarily enters into and agrees to all terms delineated in this
contract as witnessed by their signatures on the last page of this contract.
I. General
Purchaser hereby states
that this Italian Greyhound is being purchased as a companion, and shall be
provided for as a member of the family.
It is further agreed to by Purchaser that proper safeguards will be taken to
assure for the care and comfort of the dog sold herein. It is the understanding
that this dog will be a household (indoor) companion and that it will have access
to a fenced yard or will be walked on a leash for it's exercise. Purchaser agrees
to never turn dog loose uncontained area outside without being on a leash. Purchaser
agrees not to tether or tie this dog for confinement.
Purchaser further agrees to maintain the dog at all times in good health agree to provide this Italian Greyhound with quality food, ample fresh water at all times, and considerate companionship on a daily basis as a family member. Purchaser also agrees to provide appropriate veterinary care with periodic check-ups, regular vaccinations, wormings and yearly heartworm preventative.
Should, at any time, this Italian Greyhound be mistreated by reason of abuse or neglect, the breeder reserves the right, with substantiated proof, to take back immediate possession of the dog without reimbursement to the owner. Should this clause need to be enforced, the owner shall sign and forfeit the dog’s registration papers to the breeder within 7 days of the breeder taking possession.
Breeder retains the right to visit, or have someone visit, the dog periodically for the purpose of determining what the litter produced or just to check on the dog’s welfare.
Purchaser agrees to notify the breeder if they change address or telephone number to allow the breeder to keep track of the dog.
Purchaser agrees to use the Breeder’s kennel name as a Prefix [i.e., About Time(’s) “xxx”] upon the naming of the puppy on any/all registration papers, show/event entries and advertisements. The Purchaser has the right to add his/her kennel name to this dog’s name following the Breeder’s kennel name.
The purchaser agrees that the breeder has the right to use any photographs and accomplishments for advertising, etc. Purchaser also agrees to provide Breeder with at least one show photo if dog is shown.
Should the owner so choose, it is recommended they have this puppy permanently identified by microchip. In this case when they register the AVID Microchip, the breeder's name and phone number shall be listed as one of the contacts in the case of the dog's loss/theft. A copy of the Microchip number shall be provided to the dog's breeder. This provision allows the breeder to keep track of the dog.
II. Terms of Ownership
It is the mutual understanding of both Purchaser and Breeder that this Italian Greyhound shall live out its natural life as the companion of Purchaser. This dog cannot be sold or given away without written permission from Breeder (which will not be unreasonably withheld). If dog should ever be unable to be kept by Purchaser, he/she must be returned to Breeder at no cost. About Time Italian Greyhounds are guaranteed a lifetime home with us if they ever become unwanted and/or unable to be placed.
Breeder reserves the "right of first refusal" if [for whatever reason] the purchaser can not or does not wish to maintain custody of this Italian Greyhound [at any time during it's lifetime] then purchaser must contact Breeder. If after 7 days Breeder does not answer or return purchaser's phone call then purchaser agrees to make one last attempt by certified mail. If Breeder does not answer then Purchaser is free to place the dog in a new home but must give the Breeder the new owner's information.
If the Purchaser wishes to transfer ownership of the Puppy to another person, the Purchaser must provide the proposed new owner’s contact information to the Breeder so that an interview may be conducted (to ensure the Breeder that the Puppy is going to a suitable home), and obtain prior approval IN WRITING from the Breeder before the transfer of ownership takes place. New owner must agree to and sign this same contract before approval for transfer will be given.
This dog is never to be given to a pound, shelter, or rescue, under any circumstances. In the event the owner must release custody of the dog, they shall first make a sincere attempt to contact the breeder. If after (7) days the breeder cannot be contacted, or should the owner need to immediately release custody of the dog, the owner shall contact Charlet Essenmacher (505-865-7066) to take possession of the dog. They shall make known to the contact the name of the breeder and provide her with all records and papers in relation to the dog, and must give the Breeder the transfer/contact information.
Purchaser will continue to care for the Puppy until shipping arrangements can be made. Transportation to return the dog to Breeder, or Breeders alternative contact, shall be the responsibility of the dog's owner. The Purchaser shall pay all expenses incurred in return of the dog.
In the event that the dog is placed with a third party, sold, or given away (without written permission from Breeder) a $2,500 fine will be imposed on the original Purchaser. Additionally, the Breeder may take legal action and the original Purchaser of the dog shall be responsible for all legal expenses incurred. Purchaser also agrees to reimburse the Breeder in full for any and all expenses in retrieval of the dog, including transportation and any and all reasonable attorney fees; plus any monies allowed by the court as in Section VIII.
It is agreed to by Purchaser that upon the death of this dog, at any age, prompt notice will be given to Breeder.
III. Health Guarantee
Breeder shall have the Puppy examined by a licensed veterinarian as near as feasible to the pickup or shipping date and determined to be free of disease or injury. Should the Puppy not be free of disease or injury, the Breeder shall notify the Purchaser and pickup or shipping shall be delayed until any health problem is resolved.
The new owner has the right to, and is advised to by the Breeder, have this Italian Greyhound examined by a veterinarian of their choice. If, within seventy-two (72) hours, the Italian Greyhound is found to be in ill health after being examined because of breeding or early kennel care, which will prevent this puppy from living a normal life as a family companion, this being attested to by Purchasers and Breeders veterinarians, upon provision of veterinary reports, Breeder will provide Purchaser with the options below (As outlined in section IV).
Breeder warrants that if the Puppy is found to have any hereditary or genetic disorder in which euthanization is recommended by at least two veterinarians (one selected by the Purchaser and the other selected by the Breeder) due to the inability for the Puppy to lead a pain-free life, the Breeder will provide Purchaser with a replacement or refund (As outlined in section IV) subject to the following conditions:
If all of the above conditions have been satisfied, Breeder will provide Purchaser with the options below (As outlined in section IV).
Breeder shall not be held responsible for the development of any diseases, disorders, or injuries which are contacted by puppy after leaving Breeder’s premises and/or are due to Purchaser’s negligence.
IV. Health Guarantee Replacement/Refund Terms
Options for Replacement/Refund as
covered by Health Guarantee:
Purchaser has the choice to keep the Italian Greyhound with proof of spay/neuter,
or return the Italian Greyhound to Breeder. Upon this decision, Breeder will
offer a replacement Italian Greyhound or 50% of the original purchase price
in the following manner:
The Breeder's next available companion puppy of equal value will be assigned to Purchaser, Purchaser has the right to choose:
a) Replacement: Should Purchaser choose to accept the replacement companion puppy, Breeder will provide Purchaser with the replacement Italian Greyhound from Breeder’s next litter upon proof of Spay/Neuter or relinquishment of the original Italian Greyhound.
b) 50% of Purchase Price: Breeder will sell the assigned companion puppy and will refund 50% of original purchase price less any shipping or miscellaneous charges associated with transportation of Italian Greyhound to Purchaser upon proof of Spay/Neuter or relinquishment of the original Italian Greyhound.
Purchaser is responsible for all fees for transportation of the original and/or replacement to and from Purchaser and Breeder if applicable.
V. Type Guarantee & Refund Terms
Should the Italian Greyhound, sold as a show prospect, develop a genetically disqualifying fault as described in the AKC Italian Greyhound breed standard, within 24 months, or be diagnosed with any genetically derived medical disorder, Purchaser should immediately notify Breeder with all supporting documentation prior to Puppy reaching 48 months of age. This being attested to by Purchasers and Breeders veterinarians, and, upon provision of veterinary reports, causing Purchaser and Breeder to agree that the Italian Greyhound cannot be shown or ethically bred, Breeder will provide Purchaser with the options below, subject to the following conditions:
If all of the above conditions have been satisfied, Breeder will provide Purchaser with the option below:
Type Refund: In the event Puppy purchased as a Show Prospect cannot be shown or ethically bred, Purchaser will be allowed to keep puppy as a companion dog. Upon receiving proof of Spay/Neuter, Breeder will convert Purchasers contract to a “Companion Contract”, and will refund to Purchaser the difference between Companion Puppy price, and Show Puppy Price paid by Purchaser. Refund will be paid no later than when a puppy from Breeder's next litter is sold.
This puppy was bred from correct parents without any health problems, temperament disorders, known hereditary conditions, or major show faults; however, all recessive traits can not be known. Therefore if this puppy develops a show fault that renders the dog unable or undesirable to be shown or bred, that is not the fault of the breeder but of unfortunate circumstances (including less than perfect ear-set, undesirable tail carriage, failure of testicles to descend, or abnormal gait) the dog will not be replaced.
Breeder shall not be held responsible for the development of non-genetically disqualifying faults which are due to Purchaser’s negligence.
VI. Breeding Terms
Purchaser understands that NO cross-breeding will be allowed under ANY circumstances, whether to a purebred dog of another breed, or to a mixed breed dog. Purchaser agrees that Italian Greyhound may ONLY be bred to another purebred AKC registered Italian Greyhound. Purchaser shall never breed this Italian Greyhound to any other than a respectable specimen of the same breed, always keeping in mind the betterment of the breed.
Purchaser agrees never to sell any offspring resulting from breeding this dog to any pet store, puppy-mill, or other retail or wholesale outlets.
Purchaser is required with the sale of all puppies resulting from breeding this dog to provide a written contract/guarantee that contains Section VI (in its entirety - with the exception of paragraph regarding stud rights for males which will be at purchaser’s discretion) of this contract. Purchaser further agrees that all pet quality pups produced by this dog will be sold on spay/neuter agreements and limited registration papers.
Additional Provisions For
Females
Purchaser agrees that Italian Greyhound bitch will not be bred until a minimum
of 24 months of age. If the female is bred back-to-back in successive heats,
then Purchaser will skip the female’s next heat to give her time to recuperate
from whelping. This Dog will not be bred
before 2 years of age, after 8 years of age, or more than 8 times in her lifetime.
Additional Provisions For
Males
Purchaser agrees that Italian Greyhound male will not be bred until a minimum
of 18 months of age. The Purchaser agrees to not knowingly breed this dog to
any known puppy-mill, broker, or pet store bitches. Neither shall it be used/allowed
to sire litters for the purpose of producing stock for puppy-mills, brokers,
pet stores, or laboratory experimentation. It shall be the Purchaser’s responsibility
to check the reputability of the bitch owner before breeding takes place. Should
question arise as to the reputability of the bitch owner, the stud dog owner
will not breed this dog to the bitch. Purchaser agrees to first contact Breeder
before the breeding takes place.
The Breeder reserves Free Stud Rights to males bred by us for the purpose of keeping our bloodline available. This shall be for bitches of our choice, and not to exceed three (3) breeding sessions per year. All expenses are the Breeder’s responsibility – transporting females to the male, or paying to have semen drawn and shipped. The Purchaser waives the right to any profit that may be made by Breeder by the sale of puppies from any resulting litter.
VII. Additional Terms
Breeder will not be responsible for the costs of any injuries, damage, or bills caused or incurred by above said dog after he leaves the Breeder's premise. If said dog must be returned to Breeder due to circumstances beyond the control of Breeder (for whatever reason) he will be returned at no charge to Breeder.
All Health Guarantees shall be absolutely null and void if the dog has not been maintained at a healthy weight on a quality corn-free dog food, documented by purchase receipts (or by feeding Flint River Ranch which allows us to verify kibble purchases).
Purchaser agrees that if he or she is ever found in violation of any conditions of this contract, above said dog may be repossessed by the Breeder. In the event of repossession due to violation of contract, where Purchaser will not willingly return dog, Breeder reserves the right to physically enter property above said dog is located on and remove the dog. All legal fees incurred to repossess said dog shall be the financial responsibility of the Purchaser.
In addition, if any conditions or terms are violated in this contract by the Purchaser he/she must pay the Breeder a penalty for breach of contract in the amount of $2,500 (Two thousand five hundred dollars) per instance as detailed below (in Section VIII).
In the event that litigation is commenced to enforce any of the terms of this Agreement the Breeder, being Laura Essenmacher, shall be entitled to the costs thereof, including reasonable attorney's fees and expenses.
Any litigation commenced shall take place in the state and County of Valencia County, New Mexico. Either party shall contact the second party in notification of such action and proof of such 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 Valencia County, New Mexico; and further understand 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 Valencia County, New Mexico.
VIII. Failure to Comply with Provisions
This Agreement shall be interpreted and enforced under and pursuant to the laws of the State of New Mexico. The parties hereto acknowledge and agree that jurisdiction and venue shall solely be proper within Valencia County, New Mexico.
If for any reason the parties hereto, or any party hereto, deems that this Agreement has been breached to their detriment, the parties hereto agree to submit their differences for resolution to non-binding mediation prior to and as a condition of exercising any right to filing a lawsuit and submitting any such difference to any court of law.
Penalty for breach of contract shall result in liquidated damages in the amount of $2,500 (Two thousand five hundred dollars) in U.S. currency per instance (for example, if three offspring are sold to pet stores, the total penalty would be $2,500 x 3 = $7,500).
In the event that litigation is commenced by either party, the prevailing party shall be entitled to reimbursement of reasonable attorney’s fees.
In the event that litigation is commenced by the Breeder due to breach of contract committed by the Purchaser, the Purchaser shall forfeit any monetary refund awarded by the court upon the court awarding return of the Puppy to the Breeder.
Should the court’s decision result in the Breeder as the prevailing party, an additional amount of $2,500 (Two thousand five hundred dollars) shall be awarded to the Breeder as damages to the Breeder’s kennel name and reputation and the Breeder’s time, trouble and mental duress.
IX. Contract Agreement
I/We the undersigned, have thoroughly read and understand the contents of the entirety of this contract and its provisions herein. I/We do hereby acknowledge this to be a true and binding contract and by my/our signature(s) we do hereby agree, and make absolute promise, to abide by its term and conditions stated herein.
Purchaser:
Signature: ______________________________________________________
Printed Name: ___________________________________________________
Date: ______________
As Italian Greyhound breeders, dedicated to the betterment and protection of or Breed, we recognize our responsibility to breed only the best specimens to compliment the betterment of the breed. We sell this Italian Greyhound, feeling in good faith it is a healthy and respectable compliment of its breed. We hereby acknowledge this to be a true and binding contract. We agree, and make absolute promise, to fully abide by its terms and conditions. No other guarantees are expressed or implied. We further agree to offer guidance to the purchaser in the rearing of this Italian Greyhound.
Laura Essenmacher:
Signature: ______________________________________________________
Date: ______________