This agreement is between Cambria Nierdieck (Seller) and ______________________________________________(Buyer), on this date ___________________.
Name(s): ______________________________________________________________________________
Address: _______________________________________________________________________________
City: ___________________________________________ State: ___________ Zip: _______________
Phone: Home _________________________________ Cell: __________________________________
Email: __________________________________________________________________________________
Puppy Collar Color: __________________
Sex: ____________ Date of Birth: _________________________
Registered Name: _____________________________________________________________________
AKC Registration #: ______________________ Microchip ID#:
Sire: ____________________________________________________________________________________
Dam: ___________________________________________________________________________________
Co-Ownership Information: _________________________________________________________
Terms of Sale
The following terms and conditions constitute a sales contract between the Buyer and Seller regarding the puppy described above. These terms and conditions are entered into and agreed upon by both the Buyer and Seller, and they acknowledge the moral and legal worth of this contract. This agreement is made for the mutual benefit and protection of the Buyer and Seller, for the protection of the named dog, and for the protection and preservation of the German Wirehair Pointer breed.
1. The German Wirehair Pointer Puppy is purchased for the price of $_________________ payable in full upon the delivery of the dog. (Buyer Initials ___________)
2. Buyer hereby agrees to use the Seller’s Kennel name Hullabaloo as a prefix for the AKC registered name. (Buyer Initials ___________)
3. The Buyer will be allowed to suggest their top preference for a puppy; however the breeder/Seller will use their years of experience to choose the best match for the Buyer. (Buyer Initials ___________)
4. The seller warrants that on today’s date noted on the first page of this contract, the puppy appears to be free from any communicable diseases, is in apparent good health, and is free from any wounds or injuries except as may be noted herein. ______________________________________________ Puppy has had its first set of vaccinations, has been de-wormed, tail docked (Buyer Initials ___________)
5. Buyer agrees to have the puppy examined by veterinarian, at Buyer’s expense, with in 72 hours after delivery of puppy. Should the veterinarian certify in writing that the dog is ill or unsound, the Buyer may elect to return the puppy for a full refund of the purchase price, or seek treatment at Seller’s expense. Buyer and Seller agree that if the veterinarian certifies something is wrong with the puppy, the Seller must be advised immediately (same day as the vet check). The Buyer is responsible for all costs involved in returning the puppy to the Seller. (Buyer Initials ___________)
6. Buyer agrees to keep this dog on a current vaccination protocol, heartworm and health schedule as recommended by licensed veterinarian. (Buyer Initials ___________)
7. Buyer will notify Seller immediately in case of serious illness or injury to the dog. (Buyer Initials ___________)
8. The buyer agrees that this dog may never be sold, given away, placed in a shelter, euthanized as a means of disposal, or have ANY transfer of ownership except back to the Seller, in forfeiture of the purchase price, in which case the dog AKC certificate shall accompany the dog, signed over to the Seller as the sole owner of the dog. Any other transfer of this dog without the seller’s written permission shall constitute a material breach of the sales agreement. Buyer agrees that in the event the dog is transferred without Seller’s written permission that said breach will activate this liquidated damages provision requiring buyer to pay seller the sum of $5000 in liquidated damages. (Buyer Initials ___________)
In the event of all Buyer’s deaths or incapacitation, Sellers should contact the following to oversee the transfer of the dog’s ownership:
Name: _______________________________________________________
Phone: ______________________________________________________
Relationship to Buyer: _____________________________________
9. If the buyers separate or divorce, the dog will go with one of the original buyers listed here, _______________________________________________. If not the dog will be returned to the breeder/Seller, in forfeit of the purchase price.
(Buyer Initials ___________)
10. Buyer agrees that the dog will live indoors, as a member of the family, be free of abuse and neglect, and never be allowed to roam free or unsupervised, for the entirety of the dog’s life. Buyer agrees that the dog is to be kept primarily in the Buyer’s living quarters as a beloved family pet. GWP are a very sociable breed and must be provided daily interaction with family members. (Buyer Initials ___________)
11. This puppy has been fitted with a registered micro-chip by the breeder. Breeder will register the puppy with AKC Reunite lost pet registry. Buyer is expected to keep the information updated and keep the breeder/Seller’s name and information as the alternate contact.
(Buyer Initials ___________)
12. Buyer agrees to maintain preventative healthcare of this dog in regards to hip dysplasia. Hip dysplasia has 4 major causes: genetics, diet, over-feeding, and too much exercise at a young age. Buyer understands that growing puppies are at risk of growth plate and hip injury from strenuous activity. Buyer agrees to refrain from prolonged exercise of puppy on hard surfaces for the first 24 months of the puppy’s life. (See puppy culture exercise guidelines in puppy packet). Should Buyer violate this clause, all warranties by the Seller in item 14 in regards to orthopedic health, including, but not limited to, hip dysplasia are null and void. (Buyer Initials ___________)
13. The Seller warrants that the sire and dam have been certified free of hip dysplasia by the Orthopedic Foundation of Animals, Inc (OFA). Buyer understands that the Seller has made every reasonable attempt to ensure future orthopedic health of the puppy. However, should puppy develop crippling hip dysplasia requiring surgery within 3 years of puppy’s birthdate, Buyer has 2 of the following options: Sign ownership of the dog over to the Seller for a refund of no more than 1/2 of the purchase price, OR keep the dog, repair the hip(s) receiving 1/2 the purchase price (not to exceed 1/2 the cost of the surgery) from Seller. Such condition shall be evidence by a letter from a veterinary orthopedic specialist detailing procedure to be performed, together with x-rays of the hips. In either case the dog shall be spayed or neutered and all the associated costs of the spay/neuter will be the Buyer’s responsibility. (Buyer Initials ___________)
14. Buyer is REQUIRED to have an evaluation of the dog’s hips performed by the OFA between the dog’s second and third birthday and is responsible for all costs of the evaluation. Buyer shall forward a copy of the evaluation to the Seller promptly. (Buyer Initials ___________)
15. Buyer agrees to complete two 6-8 week training courses with a licensed training facility at the expense of the buyer. Courses can include, but are not limited to; puppy manners, canine good citizen, and obedience classes. Proof of completion will be sent to Seller by the time the puppy reaches 12 months of age. (Buyer Initials ___________)
16. The Seller will supply the Buyer with a minimum of a 3 generation pedigree.
17. The Buyer agrees to provide the Seller with photographs of the puppy every six months minimum until the puppy has reached 3 years of age and is considered mature. This allows the breeder to track conformation traits in their own line. (Buyer Initials ___________)
18. Because this puppy is being sold on a show contract, every reasonable attempt must be made to complete the dog’s AKC championship title, until or unless the dog has been deemed un-finishable due to conformation faults or temperament issues by breeder/Seller by the age of 3. In either case the dog shall be spayed or neutered at that time, with all costs involved to be the responsibility of the Buyer. Buyer is responsible for all costs involved in showing said dog. Seller cannot guarantee that every puppy sold on a show contract will be able to complete its AKC championship.
(Buyer Initials ___________)
19. Buyer understands that by purchasing this puppy they become a part of the Hullabaloo family. For the lifetime of the dog the Seller will be available to offer advice on raising, training, heath care and handling this dog. Buyer must inform the Seller of the circumstances and conditions of this dog at the end of its life. (Buyer Initials ___________)
20. This dog will NOT be used for breeding if it has not fulfilled ALL of the following requirements: reached the age of 2 years, is an AKC Champion, and has all of the following health checks: OFA hips, elbow, thyroid & cardiac exams, and CERF eye exam. Other health checks may be required by other parties or may arise in the future depending on the advancement of testing for inheritable diseases in the German Wirehair breed. EVEN IF ALL OF THE PREVIOUSLY STATED CRITERIA ARE MET, BUYER IS NOT ELIGIBLE TO BREED THIS DOG WITHOUT EXPRESSED WRITTEN CONSENT OF THE SELLER. If Buyer is found to be in breach of this provision, whether intentional or by accident, Buyer agrees to pay liquidated damages in the amount of $3,000 per puppy produced to the Seller. (Buyer Initials ___________)
21. Buyer understands that the Seller can make no guarantee on the longevity of the puppy sold or the temperament of the puppy after it leaves the breeder’s premises. Nor can Seller guarantee that the puppy will never develop cancer, epilepsy or chronic allergies. Seller can only guarantee that at the time of the breeding the puppy’s parents were free from these conditions. Buyer understands that by following minimal vaccination protocols and keeping your pet intact until it is mature, it can help prevent the occurrence of certain cancers and temperament issues. (Buyer Initials ___________)
22. The German Wirehair Pointer is a bird dog: A hunter. In order to preserve the purpose, instincts and integrity of the breed it is strongly recommended to allow your dog the opportunity to hunt or attend AKC hut tests or field trials. The FIRST AND MOST IMPORTANT STEP IS GUN ACCLIMATION. Dogs are not born gun shy, they are made that way by improper training and techniques. Buyer agrees to properly acclimate dog and ask for assistance from Seller if needed before exposing dog to gunfire. (Buyer Initials ___________)
23. This puppy MUST BE CRATE TRAINED using positive crate training methods. This is for the safety and well being of your pet. General guideline suggests that a puppy can be crated for 1 hour per month of life (i.e. if the puppy is 6 months old it can be crated for 6 hours). All puppies develop differently and may vary from this guideline, but Buyer agrees to accommodate the needs of their puppy and ensure that it is not crated for too long. (Buyer Initials ___________)
Legal Disclaimer
26. Buyer agrees to indemnify Seller for any legal action arising from the actions of said dog, in which Seller is named as a defendant.
27. Seller does not in any way warrant the actions or behavior of this dog once it leaves the property of Seller. Buyer assumes the sole responsibility of the dog and agrees to indemnify the Seller from any and all loss and expense for which a court of law may find the Seller accountable.
28. If any provision of this contract is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full effect.
29. All legal questions or disputes regarding this contract will be governed by the laws of the state in which the Seller resides. Both parties agree that venue will be limited to the courts of the county in which the Seller resides.
30. The undersigned declare this agreement contains the entire agreement between the parties and that no promise, inducement or agreement, not herein expressed has been made, and that this agreement contains the entire agreement between the parties hereto, and that the terms of this agreement are contractual and not merely recital.
31. This agreement shall not be amended, modified, and or altered except by the Seller as agreed-upon in writing signed by the party to be bound thereby.
32. This agreement shall be construed as if all parties jointly prepared this agreement and any uncertainty or ambiguity shall not be interpreted against anyone party.
33. This agreement shall be interpreted and enforced in accordance with the laws of the state of Texas.
34. The undersigned have carefully read the entire contract and still understand and agree to its terms and conditions. This contract constitutes the entire agreement between Buyer and Seller and supersedes and replaces all prior agreements, whether written or oral. Wherefore, agreeing to be bound by the foregoing, each party has signed in the space provided below.
Date: _________________ SELLER: ______________________________________________________
SELLER: ______________________________________________________
Date: _________________ BUYER: _______________________________________________________
BUYER: _______________________________________________________
Congratulations on your new Hullabaloo puppy and welcome to the family!!!