The following contracts have
been adapted from Dog Zone and other sites on the internet.
1. Sample Spay/Neuter Contract For
Pet Puppy.
2. Sample Contract For Show/Breeding
Quality Puppy
3. Sample Stud
Dog Contract
Please
feel free to print and use these contracts as is or revise as necessary for your own
breeding program. Keep in mind, a contract is useless if you don't follow up on the sale
of the puppy or follow through on the terms of the contract.
PLEASE
NOTE: The Dog's Best Friend does not necessarily endorse a specific contract, or
individual terms of any of the contracts offered for your use. We do recommend that both
sellers and buyers insist on contracts and enforce them for the protection of the seller,
the buyer and especially... .the dog.
A
SAMPLE SPAY/NEUTER CONTRACT FOR A PET DOG/PUPPY
This
agreement is made and entered into this ______ day of __________________ 20__ by and
between __________________________________(Seller),
and
For
$__________, the seller agrees to sell and the buyer agrees to purchase a female_____,
male ____ companion puppy from the
litter described above subject to the following terms.
1.
Seller warrants that the above described puppy/dog is a purebred ______________
registerable with the ___________________________ and that registration papers
have ____have not_______ been provided to the Buyer as of the date of the completed
purchase, together with a true copy of its pedigree.
2.
Seller warrants that the above-described puppy/dog is in good health at the time Buyer
assumes ownership. Buyer agrees to have the puppy examined by a licensed Veterinarian with
two (2) days (not including weekends and holidays) of receipt of puppy/dog.
If,
as a result of the examination, the Veterinarian determines that the puppy/dog is not in
good health then the Buyer shall elect to keep the puppy/dog or return the puppy/dog to
the Seller for a refund. If the buyer elects to return the puppy, Buyer shall, within 10
days after the date of the signing of this contract, send to Seller by certified mail a
written Veterinarian's certificate stating that the puppy/dog was in ill health when
examined. Upon receipt by Seller of said certificate, Buyer shall be obligated to return
the puppy/dog to Sellers at Buyers expense. Upon receipt of the puppy/dog, the Seller
shall be obligated to refund all monies received from Buyer toward the purchase price of
the puppy/dog, and further performance under this contract shall be null and void. All
action taken to return the puppy/dog shall be done with the best interest of the puppy/dog
in mind include temperature at time of shipment, non-stop flights,
3.
Seller warrants that the puppy/dog sold hereunder is progeny of animals x-rayed and
certified clear of hip dysplasia. If said puppy/dog develops hip dysplasia within 14
months from date of birth, the Buyer may return the dog to Seller and will receive a
replacement puppy/dog of like quality from the next available litter, or may keep the dog,
which will be spayed or neutered, and Seller will refund $ _________
If
Buyer chooses a replacement puppy/dog, Buyer and Seller shall make prompt arrangements
within 10 days of receipt of certified letter and Veterinarian certification for return of
the puppy/dog sold herein to Sellers place of business. Buyer shall be responsible for
taking good and reasonable care of the puppy/dog until Seller receives it. Costs and related expenses of returning the
puppy/dog to Seller shall be the obligation of the Buyer
4.
Ownership of the puppy/dog will be transferred to the Buyer for the sale price of
$________ to be paid as follows: $______deposit on execution of the Agreement with the
balance of $_________ to be paid on or before the puppy/dog leaves the Sellers premises.
If the balance is not paid by ________________________, this Agreement shall be cancelled
and the Buyer forfeits the deposit given hereunder.
5.
If delivery is requested by Buyer, it shall be by airfreight, C.O.D. to a designated
location. Buyer is responsible for costs of crate, insurance during shipment, and cost of
freight charges. If Seller has to purchase crate prior to shipping, Buyer shall reimburse
Seller in full for this cost.
6.
The Seller has determined that the puppy/dog is of "pet quality" and is NOT
suitable for breeding. In such case, Seller shall provide Buyer with Limited Registration
Certificate.
7.
Seller agrees to refund to buyer the sum of $_______upon
receipt of evidence from a licensed Veterinarian that the puppy/dog has been
spayed/neutered.
8.Puppy/dog
will carry the __________________________________ kennel name.
9.
Buyer agrees that he/she is not acting as an agent in the purchase or this puppy/dog and
that Buyer will not sell this puppy/dog or its progeny to any agent, pet store or guard
dog business.
10. Buyer agrees that if it becomes necessary to sell
or otherwise dispose of this puppy/dog, Buyer will notify the Seller before taking such
action so that the puppy may, at the Sellers' option, be re-purchased by the Seller at the
original sale price. Upon notification, the Seller shall have 15 working days to exercise
said re-purchase option. Exercise shall be notice in writing sent to Buyer.
11. Buyer agrees that the
puppy will reside at the home of the Buyer, have access to a fenced yard, not be chained
or tethered, and will be provided with proper housing, a good quality diet, annual shots
and exercise. Buyer also agrees that this puppy/dog will not be used as a guard dog for
any business. Buyer agrees that at least one basic obedience training course will be
completed with the puppy/dog.
This
Agreement is made and signed by both parties to insure the well being and protection of
this puppy/dog. If the Buyer breaches any part of this Agreement, the Seller is released
from any obligations under this Agreement.
By:
________________________________ Date:___________________________
Seller
BY:_________________________________Date:___________________________
Buyer
A
SAMPLE PUPPY CONTRACT - SHOW/BREEDING QUALITY
Seller's
Kennel Name:_________________________________________________
Address:___________________________________________________________
City________________________ State_______ Zip_________________________
Phone:__________________________
Buyer:
_____________________________________________________________
Address:
___________________________________________________________
City:
________________________State________Zip________________________
Phone:
____________________________
Voluntarily
enter into and agree to all terms stated in this contract as witnessed by their signatures
below.
BREED/SHOW
PROSPECT TERMS
The
puppy agreed to in this contract is: whelp #_______________ sex__________,
identified by ___________________________ colored collar, having the registered
name:________________________________________________________ out of:
SIRE:
AKC#:_____________
Tattoo: ___________ OFA-hips:____________
OFA-elbows:
____________ CERF:___________ Thyroid: ________
DAM:
AKC#:
_____________ Tattoo: ___________ OFA hips::___________
OFA-elbows:____________CERF:____________Thyroid:__________
Hereinafter
referred to as "Puppy" has been sold to Buyer by Seller as "Breed/show
prospect". Breed/show prospect shall be understood to mean that no disqualifying
faults as defined in the standard are evident at time of sale and further that no genetic
disorders are immediately apparent.
1.
Should Puppy develop any disqualifying faults as defined in the Standard,
or be diagnosed
with any genetically derived medical disorder which is
confirmed by two unassociated
veterinarians, thereby causing Buyer and Seller
to agree that Puppy cannot ethically be
bred, Seller will, upon provision of
veterinary reports and, where applicable, Orthopedic
Foundation for Animals
(OFA) report, or Canine Eye Registration Foundation (CERF)
certification, provide
Buyer with one of the following options.
a) Should
Buyer choose to keep Puppy and accept refund, Seller will
refund 50% of purchase price
($_____). Puppy must be spayed or
neutered before refund check will be issued, and Buyer's
veterinarian
of choice must provide spay/neuter certificate to Seller.
b) Should
Buyer choose to relinquish ownership of Puppy to Seller,
Seller will refund purchase price
less any shipping or
miscellaneous charges necessary for transportation of Puppy to
Seller.
c) Should
Buyer choose to keep Puppy and accept a replacement
breed quality puppy, Buyer must pay
pet price ($_____) and any
shipping or miscellaneous charges associated with transport
of
replacement puppy. Upon receipt of spay/neuter certificate
and $______ Seller will provide
a replacement breed quality
puppy as soon as such a puppy is available to Seller.
2. Seller
shall not be held responsible for the development of disqualifying
faults, diseases, or
disorders, which are due to Buyers negligence.
3.
Buyer agrees that Puppy shall not be
used for breeding purposes until the
following certifications have been received by the
Seller:
a.
Orthopedic Foundation for Animals (OFA) Certification of hips,
elbows,______ (other) has
been received.
b.
OFA thyroid normal certification .
c.
The Canine Eye Registration Foundation (CERF) within 12 months of
planned breeding.
HEALTH
GUARANTEE
1. Seller
guarantees that Puppy is in good health and has received appropriate medical inoculations,
worming and care. Seller will provide
Buyer with a medical chart detailing treatment Puppy has received under Seller's care, and
any future care Seller feels is essential to Puppy's well being.
2. Seller
guarantees that Puppy is free of life threatening diseases or disabilities for 72 hours
after delivery to Buyer. Should life threatening diseases or disabilities be discovered by
Buyer within 72 hours after receipt of Puppy, and attested to in writing to Seller by
Buyer's veterinarian, Seller will provide Buyer with a replacement breed quality puppy as
soon as such a puppy is available to Seller, or refund 100% of purchase price ($_______).
Seller strongly recommends that Buyer have Puppy examined by a licensed veterinarian of
Buyers choice within 72 hours of receipt of Puppy.
TEMPERAMENT
1. Seller strongly recommends that
Buyer attend obedience classes with Puppy and provide proper socialization opportunities
for Puppy.
2. Seller shall not be held responsible for acts of Puppy, which are due to Buyers
negligence.
3.
Should Puppy exhibit aggressive behavior which Buyer deems intolerable and irreversible
within 12 months after purchase, Buyer will provide Seller with proof that Puppy has been
sufficiently socialized and that obedience classes and other structured training methods
have been attempted with no results. Upon receipt of such proof, evaluations of Puppy will
be scheduled with three recognized (_________) breeders or trainers, one to be chosen by
Buyer, one to be chosen by Seller, and one to be chosen jointly. Should Puppy be deemed
overly aggressive by two of the chosen breeders/trainers, Seller will arrange for
euthanasia of Puppy and provide Buyer with a replacement breed quality puppy as soon as
such a puppy is available to Seller, or refund of 50% of purchase price ($ ).
GENERAL
1.
Buyer agrees to allow Seller the right of first refusal should Buyer decide to sell,
relinquish or transfer Puppy.
2. Should Buyer choose to break any of the above
portions of this agreement, the remainder of the agreement will be considered null and
void, and Seller will have the right to repossess Puppy.
3.
Buyer and Seller agree that this Agreement will be governed by the laws of the State of
_________and may not be altered, modified or rescinded unless agreed to in writing by
Buyer and Seller.
The undersigned agree to uphold all covenants of this Agreement as of this______
day of, _______20___.
Buyer:______________________________________________
Seller:______________________________________________
STUD
SERVICE CONTRACT FOR_________________________________
This
serves as a contractual agreement for the breeding of: ____________________
Registration
Number:_______________________________________________________
Titles
Earned:_____________________________________________________________
OFA
or Foreign Hip Dysplasia Certificate#:____________________________________
Owned
by:________________________________________________________________
Address:
_________________________________________________________________
The
above-described bitch shall be bred to:
Stud
dog:_________________________________________________________________
Registration Number:________________________________
Titles
Earned:______________________________________________________________
OFA
or Foreign Hip Dysplasia Certificate#:_____________________________________
Owned
by:_________________________________________________________________
Address:__________________________________________________________________
The
bitch must meet the following requirements to qualify for breeding to: (stud)
1)
The bitch must be at least two years of age.
2) The bitch must be free of Hip Dysplasia as evidenced by an OFA
Certification or
equivalent certification from the bitch's
country of origin.
3) The bitch must have a recent (within the past 12 months) CERF.
4) The bitch must have no disqualifying faults as defined in the Standard
for: (Breed)_____________________
5) The bitch must be of sound, stable temperament. It is recommended that the
bitch pass a
Breed Suitability Test, Temperament Test, or have an equivalent
AKC Obedience title, a
basic obedience, or companion dog title.
6) The bitch must be in good health as evidenced by a recent veterinary
examination, that
must include the following:
A
current Brucellosis test.
A
current vaginal cytology demonstrating the stage of her estrus
cycle and if any bacterial diseases are present in the vagina that
may
cause venereal diseases or problems with her conceiving.
A
list of current vaccinations.
Medical
information and veterinarian's name and phone number
in case of an emergency.
6)
The bitch should be groomed, bathed, and dipped before she is shipped to
us to be bred.
7) A copy of her pedigree, AKC or Foreign Registration Certificate, and
photographs
showing front, rear, and side structure should be provided.
TERMS
The
stud fee is:_____, to be paid when the bitch is delivered by owner, or after at least one
breeding has been achieved. (Two breedings will be attempted.) The stud fee is
non-refundable.
We
guarantee an actual tie mating will occur and that live sperm are found in the bitch
immediately after mating as evidenced by microscopic examination. In some special
situations an artificial insemination will be provided but only after the bitch's owner
has been notified and approves of this method.
If
the bitch fails to conceive, a return service at no charge will be provided for the bitch
if the bitch's owner notifies us within fourteen days after the scheduled whelping date
that no puppies were whelped.
If
the bitch does not whelp three live puppies a free stud service will be provided to the
original bitch, or a mutually agreed bitch, at a time agreeable to both parties.
All
transportation charges and veterinary expenses will be the responsibility of the owner of
the bitch. There is no charge for boarding the bitch for the first seven days, after which
the charge will be $7.00 per day. This fee includes food, water, and exercise. We will
supply pedigrees, photographs, and promotional materials
of______________________
and will aid in the placing of puppies that result from this mating into good homes.
The
owner of the bitch warrants that this bitch has not been exposed to any stud dog prior to
her arrival and that she will be protected from such exposure after her return home.
The
owner of the bitch hereby releases from responsibility ____________________________Kennels
or___________________________________________________(name) or its officers from any and
all liabilities and/or damages to said bitch while she is in the care of
__________________________________________Kennels for breeding.
The
above agreement is made and signed this____day of____20____ by _______________________ and
the owner of the bitch to assure the well being of the animals involved and their progeny.
This contract shall be deemed a legally binding contract and is under the jurisdiction of
the State of________________in the County of:_________________________________ . It is
further agreed
that
the place of venue shall be
county, __________________________
I,
We, the owner of the bitch hereby certify(s) that we have read this contract, understand
it's complete contents, and agree to it fully:
BITCH
OWNER_______________________________________________
STUD OWNER______________________________________________________