Contract and Bill of Sale
Contract and Bill of Sale
Date of Contract and Bill of Sale:
January 07, 2012
Price $1,000.00
1. The Dog
Registered Name: Galomy Oak B****
Dog’s Call Name:
Breed: Czechoslovakian Vlcak
Sex X Male ❑Female
Date of birth: November 04, 2011
Neutered/Spayed ❑Yes XNo ❑To Be
Coat Color: Yellow Grey
Registry: XAKC/FSS XUKC ❑FCI
Registration: XFull ❑Limited
Litter Registration Number:
AKC:
UKC:
FCI:
Dog Registration Number:
Registration Certificate or Application Form given toBuyer(s): ❑Yes X No
Reason if withheld:Co-Ownership
Sire:CH Arimminum Wasabogoa CGC, TDI
AKC/FSS Registration
Dam:CH Anthea od Vlci Skaly CGC
AKC/FSS Registration
2. THE SELLER(S)
Name: Marcy Goldstone
Kennel name: Galomy Oak
Address:
Telephone:
Alternate:
E-mail:
The Seller warrants that the Seller is the sole owner of the Dog.
3. The Buyer(s)
Name:John Smith
Kennel name:N/A
Address:12345 Wolfdog Ln
Washington, D.C 24015
Telephone: 5XXXXXXX
Alternate:
E-mail:
The Buyer warrants that the Buyer will be the
❑ sole owner of the Dog / X50% owner with
Marcy K. Goldstone/Galomy Oak
The Co-owner must sign at the bottom of this Contract.
4. CO-OWNERSHIP OF BUYER WITH SELLER
There Xwill / ❑ will not be a Co-ownership of the Dog with Buyer and Seller. The terms of the Co-ownership agreement will be documented in Addendum A. If no Co-ownership Addendum is attached, there is no Co-ownership agreement and the Dog will be registered in the Buyer’s name only.
Seller’s initials: / Buyer’s initials: /
5. BREEDING OF THE DOG
Seller Xdoes / ❑ does not retain breeding rights. Breeding rights will be documented in Addendum B. If no Breeding Addendum is attached, the Seller does not retain any breeding rights.
Seller’s initials: / Buyer’s initials: /
6. CONFORMATION SHOWING OF THE DOG
The Buyer Xintends to show / ❑ does not intend to show the Dog in conformation competition.
The Seller Xdoes / ❑ does not expect the Dog to be shown in:
conformation competition: X
and/or
other competition:
See Addendum C if sold as a conformation show prospect.
The Addendum expresses the parties’ intent.
Seller’s initials: / Buyer’s initials: /
7. WARRANTIES
7.1. At therequirement of the Seller, the Buyer must take the Dogto a licensed veterinarian for a thorough exam,the necessary shots, and medication within
3days from the time of purchase.Any implied health guarantee is void if the Buyerdoes not make a vet visit within the prescribed period of time.Provided that the Dog is returned to the Seller within 10 consecutive days of purchase, and the Buyerfurnishes a signed statement from a licensedveterinarian of a medical problem, a full refundwill be given to the Buyer within 5 business days ofreturn. Refer to health guarantee for further warranty.
7.2. Seller warrants that the Dog is a purebred andthat the pedigree is correct and will be providedto the Seller at the timeof sale. The Dog is registerable unless the formis withheld as indicated in section 1 above.
7.3. The Buyer understands that the Seller haslimited information and control regarding thefuture temperament, habits, and appearance ofthe Dog, and hence does not warrant such.
8. TREATMENT OF THE DOG
8.1. Regardless of any provisions in this Contractand its Addenda, this Dog is to be kept as ahouse pet only. Extensive time in outside areas,garage, or tied up outside is not allowed. TheDog is to be kept in the Buyer’s living quarters.The Dog will not be used as an attack dog or aguard dog for people, animals, or property.
8.2. It is highly recommended that a professionaltrainer be consulted to train the Dog and Buyerin the proper handling of the Dog. Within 6-8 months, Buyer is required to complete a Dog training class.
Buyer will provide acertificate of completion to the Seller.
8.3. It is understood by the Buyer that this Dog requires occasional bathing and brushing.
8.4. This Dog is never to run off-lead except in asafely enclosed area.
8.5. The Dog is microchipped.
Registry: American Kennel Club (AKC)
Registration #000
The Dogis not tattooed.
8.6. The Buyer shall provide the Dog with necessaryveterinary care upon sickness, disease, orinjury, and shall take it to a veterinarian at leastonce a year for an annual health examinationand routine vaccinations.
8.7. The Buyer shall provide the animal withhumane care and maintain it in accordance withall current and future state, county, andmunicipal laws and ordinances where the Buyer resides or will reside.
8.8. If the Dog cannot be kept by the Buyer, the Buyer shall notify the Seller immediately. This Dog may never be sold or given away to anyindividual, company, research facility, or groupexcept to the Seller.
When ownership is transferred, the purchase
price is forfeited and the Dog’s registration
certificate is signed over to the new owner ofthe Dog. Any other transfer of this Dog withoutwritten permission of the Seller shall make the Buyer liable for $2,000 in damages, payableupon demand to the Seller.
8.10. All charges relative to the shipping or deliverycharges of this Dog to the Buyer are to beassumed by the Buyer.
❑ Seller will deliver / XBuyer will pick up /
❑ Buyer will send representative
______(specify name).
If this Dog is ever returned to the Seller for anyreason, all shipping charges are the Buyer’sresponsibility, including the forfeiture of theshipping crate.
8.11. The Dog shall be registered with the American Kennel Club Foundation Stock Service (AKC/FSS), and the United Kennel Club (UKC). The Dog’s name shall include “Galomy Oak”, and the other portion of the name shall begin with the letter of the registered litter. The Dog was whelped in the Galomy Oak “A” litter. The name of the Dog shall not be changed without the Seller’s written permission, and shall not use language that is vulgar, obscene, lewd, offensive, or of questionable taste in order to maintain Galomy Oak’s respected reputation.
9. ADDENDA
This Contract has the following Addenda which arepart of the Contract:
XA. Co-ownership Agreement of Buyer and Seller
XB. Breeding Agreement
XC. Conformation Showing Agreement
XD. Performance Testing and Temperament Agreement
X E. Health Guarantee
10. CONFLICT RESOLUTION
10.1. Mediation. Buyer and Seller agree to mediateany dispute or claim arising between them outof this Contract, or any resulting transaction,before resorting to arbitration or court action.Mediation fees, if any, shall be divided equallyamong the parties involved. If, for any disputeor claim to which this paragraph applies, anyparty commences an action without firstattempting to resolve the matter throughmediation, or refuses to mediate after a requesthas been made, then that party shall not beentitled to recover attorney fees, even if theywould otherwise be available to that party in anysuch action. This mediation provision applieswhether or not the arbitration provision inparagraph 10.2 is initialed.
10.2. Arbitration. If initialed below, Buyer and Selleragree that any dispute or claim in law or equityarising between them out of this Contract, whichis not settled though mediation, shall bedecided by neutral, binding arbitration. Thearbitrator shall be a retired civil judge or justice,or an attorney, unless the parties mutuallyagree to a different arbitrator, who shall renderand award in accordance with the laws of the
State of Virginia. Judgment upon theaward of the arbitrator may be entered in anycourt having jurisdiction, and the parties shallhave the right to discovery in accordance withthe State’s civil code.
Seller’s initials _____/_____
Buyer’s initials _____/_____
10.3. With the exception stated in paragraph10.1, inany action, proceeding, or arbitration betweenBuyer and Seller arising out of this Contract, theprevailing party shall be entitled to reasonableattorney fees, costs, and penalties from thenon-prevailing party.
11-18 GENERAL CONTRACT TERMS
11. All understandings between the parties are incorporated in this Contract. Its terms are intended by the parties as final and an exclusiveexpression of their agreement with respect to itssubject matter, and may not be contradicted byevidence of any prior agreement or contemporaneousoral agreement. If any provision of this
Contract is held ineffective or invalid, theremaining provisions will nevertheless be givenfull force and effect.
12. Neither this Contract nor any provisions in itmay be extended, amended, modified, altered,or changed, except in writing signed byBuyer(s) and Seller(s).
13. This Contract shall be governed by and
construed in accordance with the internal laws of the State of Virginia and without referenceto any rules of construction regarding the party responsible for drafting this Contract.
14. The Dog shall reside at the address stated in section 3 above. Any changes in the Buyer’s or Seller’s address must be relayed to the other party within 10 days of the change.
15. The singular form of Buyer and Seller includes the plural.
16. In the event the laws of the state noted in section 13 require any other provisions to be included in this Contract to make this Contract compliant with the laws of said state, then said provisions shall be deemed included herein.
17. No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded to such party under this Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach hereof except as may be specifically agreed in writing.
18. If any consent or other approval is needed and is provided for in this Contract, such consent or other approval shall not be unreasonably withheld, delayed, or conditioned.
19. The Buyer, in purchasing a Galomy Oak dog, agrees to consent to the Dog being listed in registry and online data bases, including, but not limited to and . Listing will include the Buyer’s first name(s), first initial of last name, email address, and state of residence, pedigree of the Dog, results of health and genetic testing, and photo(s) of the Dog. Inclusion of further identifying information is at the Buyer’s discretion.
SIGNATURES
Buyer ______
Date______
Buyer ______
Date______
Seller ______
Date______
Seller ______
Date______
ADDENDUM A
Co-ownership Agreement of Buyer and Seller
This Addendum is a part of the Contract and Bill of Sale dated between Seller(s) and Buyer(s) regarding (specify dog’s name).
A1. The Dog will not be bred without the Seller’s consent in each instance.
A2. The ❑ Seller’s name / X Buyer’s name shall be the first on the registration papers of this Dog. The X Seller / ❑ Buyer shall be responsible for registering this Dog, with full cooperation of the other party.
A3. The Seller will relinquish Co-ownership of the Dog upon the occurrence of the
following events:
❑ upon the Dog reaching ____ years of age
❑ upon the Dog obtaining its AKC conformation
championship
❑ after the Dog’s _____ litter (specify number)
Xat the Seller’s discretion
❑ after receiving hip and elbow dysplasia results (OFA or Penn-Hip)
❑ upon the death of the Dog
A4. When all events marked in paragraph A3 occur, the Seller will execute all paperwork necessary to register the Dog in the sole name of the Buyer in a timely fashion.
Seller’s initials _____/_____
Buyer’s initials _____/_____
SIGNATURES
Buyer ______Date_____
Buyer______Date_____
Seller______Date______
Seller______Date______
ADDENDUM B
Breeding Agreement
This Addendum is a part of the Contract and Bill ofSale dated betweenSeller(s) and
Buyer(s) regarding(specify dog’s name).
B1. Buyer agrees to live breed Dog at the Buyer’s home, unless other arrangements between buyer/seller/bitch owner are agreed upon prior to breeding. Costs incurred from breeding will be at the bitch owners expense.
B2. If the Buyer wishes to breed the Dog, the breedingcannot be done without written permission ofthe Seller. Bitches bred to must be purebred, registered with the AKC/FSS or FCI, and free from genetic defect and any communicable diseases, as demonstrated by health tests.
B3. If the Dog is bred without the Seller’s writtenpermission, either by mistake or design, theBuyer shall pay upon demand the sum of$2000 per puppy in unpermitted litter in damages to the Seller. It isunderstood that this provision is to protect theintegrity of the Seller’s Dog bloodlines.
B4. The name of the bitch owner shall be used for all litters.
B5. In the case of co-ownership proceeds from stud fees will be split:
100% Seller and 0% Buyer if the litter is bred by Galomy Oak
0% Seller and 100% Buyer in all other circumstances.
B6. This Breeding Addendum will automaticallyterminate upon the occurrence of any one of thefollowing events (check at least one):
Xafter the Dog’s 8th litter (specify number)
Xat Seller’s discretion
Xupon the opinion of a licensed veterinarian thatit is in the Dog’s best interest that it not be bred
Upon termination of this Breeding Addendum, the Buyer agrees to never breed the Dog.
SIGNATURES
Buyer______Date______
Buyer______Date ______
Seller ______Date ______
Seller ______Date ______
ADDENDUM C
Conformation Showing Agreement
This Addendum is a part of the Contract and Bill of Sale dated between Seller(s) and Buyer(s) regarding (specify dog’s name).
C1. All showing will be done under the rules of the UKC, FCI, ARBA, IABCA or the Czechoslovakian Vlcak Club of America. If showing rights are bestowed upon the breed by the AKC in the future, the Dog may be shown under the rules of the AKC.
C2. Show prospects are Dogs which require special responsibilities for the Buyer and Seller in addition to the requirements set out in the main portion of this Contract. Show prospect animals must be registered with the UKC and AKC/FSS and be free from all disqualifying faults for this particular breed.
C3. This Dog is in no way guaranteed to win in the show ring. However, with proper care on the part of the Buyer, in due time, the Dog should be of acceptable temperament and structure, and should embody the basic standards of the breed.
C4. Buyer acknowledges that he/she has the knowledge and understanding of the requirements and special care necessary for a Dog to be shown.
C5. Seller warrants that the Dog is free from any AKC disqualifying faults and major faults asstated in the breed standard at the time of thesale and ❑ warrants / X does not warrant thatthe Dog is free of such faults for 10 monthsafter the sale, or until the dog turns one year of age, whichever is earlier.If the Dog develops any AKC disqualifying faultsor major faults as stated in the breed standard,during the warranty period, the Buyer has twooptions:
1.If the Dog is returned to the Seller, the Seller will replace the returned Dog with a Dog from the next available litter.
2. If the Dog is not returned to the Seller, the
Seller will provide a refund in the amount of
$ 350, and will transfer full ownership to Buyer with Limited Registration and a spay/neuter agreement.
C6. If the Buyer and Seller disagree as to the meritsof this Dog, it is agreed both parties will abide bythe opinion of a mutually acceptable third party, such as an FCI judge licensed to judge thebreed, on the show merits of the Dog.
C7. This Conformation Showing Agreement willautomatically terminate upon the occurrence ofany one of the following events (check at least
one):
❑upon the Dog obtaining its UKC conformationchampionship
❑ at the Seller’s discretion
❑ upon the opinion of an FCI judge licensed tojudge the breed that the Dog is not of showquality.
X if negative health results from a licensed veterinarian or recognized animal health organization (such as the OFA, Penn-Hip or CERF) are received, in which case dog will be and spayed/neutered.
SIGNATURES
Buyer ______Date______
Buyer ______Date______
Seller ______Date______
Seller ______Date______
ADDENDUM D
PERFORMANCE TRIALING AND TEMPERAMENT
This Addendum is a part of the Contract and Bill of Sale dated between Seller(s) and Buyer(s) regarding (specify dog’s name).
D1. Performance and working prospect Dogs are dogs which will require training and responsibilities beyond Basic Obedience. Performance and working prospect dogs must be registered with the AKC/FSS and UKC.
D2. This Dog is in no way guaranteed to win in performance or companion trials, nor is it guaranteed to perform as a full service working dog. However, with proper care on the part of the Buyer, in due time, the Dog should be of acceptable temperament and structure, and should embody the basic standards of the breed.
D3. If dog is intended for performance/working/companion trials,Buyer acknowledges that he/she has the knowledge and understanding of the requirements and special care necessary for a Dog to be trialed.
D4. Buyer acknowledges that the Czechoslovakian Vlcak is a breed with a unique temperament that can be dominant, independent and headstrong, and rarely, aggressive or shy. While training and exercise should channel some of these natural tendencies, it is possible the Dog may retain some difficult behaviors throughout its life.
D5. Buyer acknowledges that the Czechoslovakian Vlcak requires extensive socialization and rigid social training from the first week of arrival at the Buyer’s home. Buyer acknowledges that he/she has the knowledge and understanding of the requirements and special care necessary to provide a proper social upbringing for the Dog.
D6. While every precaution has been taken by the Seller to choose pedigrees and breeding dogs with confirmed acceptable temperament of the breed, The Seller makes no guarantee that the Dog will be of appropriate nature to live safely with small children or other pets. The Seller highly encourages the Buyer to use due precaution when allowing the Dog to interact with children, unfamiliar persons, elderly or disabled individuals or other animals. The Seller assumes no responsibility for injury or death from the Dog to any person or other animal. The Dog should never be left unattended with children, unfamiliar persons, elderly or disabled individuals, or other animals.
SIGNATURES
Buyer______Date_____
Buyer______Date_____
Seller______Date _____
Seller______Date _____
ADDENDUM E
Health Guarantee
This Addendum is a part of the Contract and Bill of Sale dated between Seller(s) and Buyer(s) regarding (specify dog’s name).
E1. FIRST VACCINES, MICROCHIP, HEALTH CERTIFICATE
The Dog being purchased is guaranteed to be current on its DA2PL+CPVvaccinations, and to have passed a veterinarian's examination. Buyer will be provided with a copy of the health certificate. Buyer understands that the puppy will need boosters of the initial vaccinations, generally spaced three weeks apart, until the DA2PL+CPV "puppy series" is completed, and then once annually thereafter. Dog is permanently microchipped. Buyer will register the Dog with AKC Pet Recovery Service within 10 days of receiving the Dog.