THIS AGREEMENT, made in the County of Fairfax, Commonwealth of Virginia and in the City of Springfield
on this _____day of___________________, 2000 between Gabby Smith of Kyleah Shetland Sheepdogs, a duly
authorized agent (hereinafter referred to as "Seller") and ____________________________
of___________________________________ (hereinafter referred to as "Buyer") is for purchase of the animal
described herein:
Breed: Shetland Sheepdog Sex: ______ Color & Markings: ___________________________
AKC Registered Name: ____________________________ AKC Registration No.: ________________
Date of Birth:______________________ Sire:____________________ Dam: __________________
1. THE PARTIES HERETO MUTUALLY AGREE ONE WITH THE OTHER AS FOLLOWS:
1.1 FOR and in the consideration of the sum of $500 (five hundred American dollars), hereinafter called the "Purchase Price" paid by Buyer to Seller on or before the execution of this agreement, Seller hereby sells to Buyer, subject to the terms and conditions herein contained, the Shetland Sheepdog described above (hereinafter referred to as "Dog"):
1.2 IT SHALL be understood that at the time of sale this dog is NOT considered to be of conformation or breeding quality, but is representative of it's breed and is structurally and temperamentally suited as a companion and/or performance dog. Training classes are highly recommended for any family dog to ensure a happy relationship with the dog.
2. SELLER COVENANTS AND AGREES WITH BUYER AS FOLLOWS:
2.1 THAT Seller is the lawful owner of Dog and that Dog is free of all claims of any other person or body, except as hereinafter specified.
2.2 THAT Dog is, at the time of this agreement, in good health and of sound body and constitution. It is recommended that the buyer have Dog examined by a licensed veterinarian within one week of purchase.
2.3 THAT if Dog is returned to Seller by Buyer within one week from the date of purchase, for whatever reason, Seller will, provided Dog is in the same state of health as referred to in clause 2.2 herein, refund in total the Purchase Price referred to in clause 1 herein. (Please note: any dog going to a new home may be a bit unsure of himself until he becomes completely familiar with his surroundings).
2.4 THAT if Dog is found to suffer from an inherited disorder within two years; upon the return of Dog Seller will refund in total the purchase price referred to in clause 1 herein to Buyer once ownership of Dog has been transferred to Seller.
3. BUYER COVENANTS AND AGREES WITH SELLER AS FOLLOWS:
3.1 THAT Buyer will pay all shipment costs related to the delivery of DOG.
3.2 THAT Buyer will maintain and keep control of Dog and adequately provide housing and care for Dog.
3.3 THAT Buyer will not tie or tether DOG.
3.4 THAT Buyer will not mistreat Dog and will provide, at Buyer's sole cost and expense, proper veterinary care for Dog, including spaying/neutering by six (6) months of age, and Buyer will do all that is reasonably necessary to keep Dog in sound health and condition. If at any time in Seller's reasonable opinion, Dog is failing to thrive and is not meeting the reasonable developmental goals typical of the breed or has not been altered by six months of age, Seller has the option to be exercised in their sole discretion to take DOG back under their care, control, and ownership. Buyer agrees to transfer ownership of Dog to Seller forthwith.*
3.5 THAT it is a condition of this agreement that Buyer agrees not to use Dog as a breeding animal. Failure to observe this clause will entitle Seller to take Dog back under their care, control, and ownership, and ownership will be transferred to Seller.*
3.6 THAT if at any time there is a reason that Buyer cannot keep Dog, he/she will notify Seller to discuss proper placement.
3.7 THAT if at any time Buyer decides to sell Dog or Buyer receives an offer, which he/she is willing to accept, for the purchase of Dog, he/she shall not sell Dog without first granting Seller a prior right to acquire Dog. The offer to Seller shall be in writing and Seller shall have thirty (30) days from the receipt of the offer to accept same.
3.8 THAT Dog shall not be sold by, to or through any commercial wholesale establishment, any chain store,
catalogue sales house or commercial breeding establishment, nor shall it be offered as a prize in any raffle, draw,
contest or lottery of any nature or kind whatsoever. Failure to observe this clause will entitle Seller to take Dog
back under their care, control and ownership, and ownership will be transferred to Seller.*
* Buyer shall not be entitled to any monetary recompense under these circumstances.
4. IT IS HEREBY MUTUALLY AGREED TO AND UNDERSTOOD THAT:
4.1 Seller assumes no responsibility for any disorder acquired by Dog through injury, nutritional, infectious, congenital or metabolic disorder, or by disease.
4.2 This agreement and all rights and duties of either party hereunder shall devolve on, ensure the benefit of, and the binding upon the respective personal representatives, heirs, successors and assigns of the parties hereto and in the event Buyer shall sell to any other person other than Seller herein, the person to whom Dog is sold shall, prior to the completion of the sale of Dog, execute an Agreement identical to this one with Seller herein.
4.3 The validity and interpretation of this Agreement and each clause and part thereof, shall be governed by the Laws of the Commonwealth of Virginia, and if any provision of this agreement shall be found to be deemed to be illegal or invalid, the remainder of the agreement shall not be affected.
I attest I have read, understand and agree to abide by the provisions stated herein regarding the sell/purchase of Dog described herein and hereto sign my name, constituting a binding contract.
Signed this ______________ day of ___________________________, 2000
Seller _________________________________________________________
Signed this ______________ day of ___________________________, 1998
Buyer Signature_________________________________________________________
Name _________________________________________________________
Address _______________________________________________________
_______________________________________________________
Phone _________________________