Terms and conditions on the sale of a Dane Acres Great Dane   

THIS IS A LEGALLY BINDING CONTRACT:  SEEK LEGAL ADVISE IF YOU DO NOT UNDERSTAND ANY PORTION HEREIN BEFORE SIGNING

This conditional sales contract is made this        day of                between                                           [breeder/seller] living at ________________________________Party of the first part and hereinafter referred to as seller/breeder, and                                           living at                                                                   Party of the second part and hereinafter referred to as the buyer.

The seller agrees to sell, and hereby does sell, and has this day delivered to the buyer, a puppy of ____________breed, of _________sex, whelped on___________.

Sired by_______________________________, and out of ________________________________, and further identified by___________.

Terms of sale: The above referenced puppy/dog is being sold to the buyer under the following terms and conditions. The purchase price stated below are non refundable, and all deposits are non refundable. All show potential puppies are sold with co-ownership until first litter, [bitch] at which time seller/breeder receives 2nd. pick puppy back, [dogs] reserves breeding rights to seller/breeders bitches. Any exceptions to this must be noted under articles by seller/breeder.

The consideration of this sale is the sum of $ _______as the purchase price, to be remitted as follows __________In further consideration of this sale are the following articles: [1] Dane Acres to be prefix on AKC  registration.

Warranty applying to all puppy/dogs: The health of the above referenced puppy/dog is warranted for 72 hrs. against any communicable disease, to give buyer time to have said puppy/dog examined by their personal veterinarian. After 72 hrs. seller/breeder cannot be held responsible. Seller/breeder will give all age appropriate immunization, and give record of to buyer along with information on proper care. Seller also warranties against any genetic disease such as, hip dysplasia, cardiac, thyroid, etc. for up to 30 mos. of age. [it is the buyers responsibility to do health testing by age 30 mos.] At time of sale puppy/dog will be well socialized and of sound temperament. Since the seller/breeder cannot control the environment, training, or additional socialization after the time of sale, no provisions are made in regards of temperament, and it is the buyers responsibility to further socialize and train said puppy/dog. We strongly recommend basic obedience classes starting as early as 4 mos. and no later than 6 mos. of age.

Limited Registration, Companion Puppy: This puppy/dog is being sold with an AKC  limited registration. This means that puppy/dog must be spay/neutered by 8 mos. of age, and no progeny from this puppy/dog can be registered with AKC Although this puppy/dog cannot be shown in AKC conformation events, it can be shown AKC non-conformation events such as agility, obedience, etc.

Warranty Applying to Show/Breeding Potential Puppies:  All show potential puppies are warranted to pass pre-breeding health test, OFA, or PENN HIP, ELBOWS, THYROID, and CARDIAC testing. This warranty in no way implies that this puppy/dog will finish its AKC championship, that is the sole responsibility of the buyer. The parties hereto acknowledge that the breeder has the right to protect their bloodline and dogs from unscrupulous breeding practices and therefore, purchaser agrees to follow the BREEDING REQUIREMENTS set forth in this document.

BUYER AGREES TO: Follow breeders code of ethics set forth by the Great Dane Club of America. If for any reason there is an inappropriate breeding buyer will pay a penalty of $1000.00 per puppy to breeder. [Daneacres Great Danes]

Replacement Puppy Agreement: Any puppy not meeting the above criteria will be replaced by seller/breeder with puppy of same quality and contract as original puppy from next available litter. [upon proof from buyer that said puppy has been spayed/neutered]

Exclusions from warranty: This warranty will be null and void in the following instances: [1] for any nutritional related diseases [HOD, OCD, etc.] [2] bloat [gastric torsion] etc. [3] companion puppy. if you do not spay/neuter your puppy/dog prior to 12 mos. of age. [4] show potential puppy, if you breed you puppy/bitch before 24 mos. of age. [5] if you breed before having your puppy/dog's health screening done. [OFA/Penn Hip & Elbows, Cardiac, Thyroid, etc.] [6] if you board your dog in a public boarding facility prior to the age of 6 months. [7] death by virtue of any surgery or accident. [8] seller shall not be held responsible for the development of disqualifying faults, diseases, or disorders, which are due to buyers negligence.

Return of puppy/dog to seller/breeder: Under no circumstance is said puppy/dog to be sold, given, placed, or  otherwise transferred to anyone not a party to this contract, without the written permission of seller/breeder.  If due to circumstances beyond the control of buyer, and said puppy/dog must be given up by buyer, then buyer shall immediately return said puppy/dog to seller/breeder. THERE WILL BE NO CASH REFUNDS. In addition the buyer shall bring current health records, and return the puppy/dogs AKC registration papers signed over to seller/breeder. Under no circumstance is said puppy/dog to be taken to pound, shelter, rescue group, or euthanized, without written consent of seller/breeder. In the event such a transfer occurs PURCHASER SHALL BE HELD RESPONSIBLE FOR ANY ATTORNEY FEES, COURT COST AND OTHER EXPENSES [NOT LIMITED TO RESCUE, VETERINARY AND BOARDING FEES] INCURRED BY BREEDER IN THE RECOVERY OF SAID DOG.

The death, loss, or destruction: of said puppy/dog from any cause whatsoever before final payment has been made on purchase price, shall not release the buyer from further payments. The buyer agrees, and binds himself to take good, and reasonable care of the puppy/dog, to feed, and house the puppy/dog properly, to control the puppy/dog on lead when off the premises, and to control puppy/dog on premises as to avoid loss by theft, running away, and promptly give or secure the best of attention to the physical welfare of puppy/dog. The title of ownership, and right of registration in any puppy sold under this agreement remain in the seller/breeder, or his/her assigns until full payment has been made by the buyer.

Jurisdiction for any cause of action: the parties hereto agree that this contract is to be interpreted under the laws of the State of Ohio, and may not be altered, modified, or rescinded unless agreed to in writing by buyer, and seller. Any cause of action sought by either party to this contract due to a violation of same shall be filed and heard in the Summit County, State of Ohio, General District or Circuit Courts.

This agreement shall constitute a chattel mortgage upon said puppy/dog and all other property of the buyer until all payments have been made.

Witness our hands this day and year first above written:

Signed in duplicate [each party receiving a copy]  

______________________________                        _________________________________    

Party of the first part seller/breeder                         witness to seller/breeder signature

______________________________                       _________________________________      

Party of the second part buyer                                  witness to buyer signature

Buyers Responsibility       Buyer acknowledges herein responsibility for:

1. Maintaining the said dog as a member of their family in a healthy and clean environment for the dogs lifetime.

2. Making sure that when your dog is outside or away from your family home, that he/she is always confined to a secure area, or under your complete control, insuring that the dog cannot harm himself or pose a threat or nuisance to others. Buyer shall hold breeder harmless from any and all liabilities or causes of action that may result from any acts of said dog.

3. Providing any and all appropriate medical and/or professional care that is necessary for maintaining the health and welfare, both physical and emotional needs, of said dog.

4. Keeping breeder informed of the whereabouts of said dog in the event that the buyer moves.

5. Contacting the breeder immediately in the event of any illness or death of said dog.

IN THE EVENT BREEDER BECOMES AWARE OF THE FACT THAT SAID DOG IS BEING KEPT IN AN UNSAFE, UNHEALTHY OR ABUSIVE ENVIRONMENT, THE PARTIES HERETO ACKNOWLEDGE THAT BREEDER HAS THE RIGHT TO REPOSSESS THE SAID DOG. BUYER WILL SURRENDER SAID DOG ALONG WITH AKC REGISTRATION PAPERS, SIGNED OVER TO BREEDER AND ALL HEALTH RECORDS. BUYER ALSO ACKNOWLEDGES THAT THEY WILL NOT BE REIMBURSED FOR ANY PORTION OF PURCHASE PRICE OF THE SAID DOG, AND THEY WILL BE RESPONSIBLE FOR ANY AND ALL EXPENSE INCURRED BY THE BREEDER IN THE RECOVERY OF SAID DOG.

By placing my signature below I stipulate that I have read and fully understand, all terms herein and agree to abide by.

________________________              ________

         Buyers signature                           Date

BREEDING REQUIREMENTS FOR SHOW/BREEDING POTENTIAL DOGS/BITCHES

1. This puppy is sold as a show/breeding prospect with the stipulation that the buyer makes an honest and sincere effort to show him/her to their Championship before breeding.

2. Buyer is responsible for all showing expenses.

3. No bitch will be bred before the age of two years.

4. No bitch will be allowed to whelp more than three litters during her lifetime and will not be bred after the age of six.

5. All breeding fee's and veterinarian care for bitches is the responsibility of the buyer.

6.Berfore being bred, all breeding dogs [male or female] must be health tested. [Hips/Elbows, Cardiac, Thyroid and CERF] Buyer is responsible for pre-breeding health test and certification.

7. Seller/Breeder keeps Right of Regards on first two breeding of said dog/bitch, therefore, no breeding will be allowed without written authorization from seller/breeder.

8. Any progeny resulting from a breeding of this dog/bitch will be sold on limited AKC registration, unless sold to a qualified show home approved of by seller/breeder.

9. Any progeny resulting from a breeding of this dog/bitch will not be sold to any broker, pet store, or puppy mill. [puppy mill is defined for the purpose of this contract as any breeder who maintains more than two different breeds of dogs for the purpose of breeding.]

10. All stud fee's brought in by co-owned dogs will be agreed upon and equally divided by buyer and seller/breeder.

11. Collection of the male for the purpose of freezing semen for use by seller/breeder at a later date. Veterinarian cost for collection, shipping and storage shall be borne by the seller/breeder, and seller/breeder retains sole ownership of all semen collected by him/her.

12. At anytime that buyer wishes to spay/neuter said dog/bitch they must have written authorization from seller/breeder and upon providing seller/breeder with written report from veterinarian that spay/neuter has taken place, seller/breeder will sign off AKC registration papers.

By placing my signature below I stipulate that I have read and fully understand, all terms herein and agree to abide by

______________________      _________                         

         Buyers signature                Date