von der burg Rubin German Shepherds Puppy Contract
www.vonderburgrubin.com
PUPPY CONTRACT
THIS DEPOSIT CONTRACT (hereinafter “Contract”) is effective when signed below by both seller (hereinafter referred to as “seller” weather singular or plural) and buyer (hereinafter referred to as “Buyer“ whether singular or plural). The following terms and conditions are agreed to between Seller and Buyer:
PUPPY Upon clearance of acceptance of Buyer by Seller, Seller agrees to sell and Buyer agrees to buy one German Shepherd "pup" as follows:
Gender: M/F/Either Gender
Show/Breeding quality or Pet/Family companion quality
Pick order: Pick order is by first contract/first deposit received and then in descending order. Deposits are non-refundable. If female does not whelp a Buyer may roll their deposit on to the next litter. Only one roll of deposit allowed. Price may very with each litter.
CLARIFICATIONS BETWEEN BUYER & SELLER
Our 24 month Guarantee (age of pup 1 day to 24 months of age) covers Orthopedic Foundation for Animals (OFA) certification of hips (fair, good, or excellent). This guarantee expires when the puppy turns 25 months old.
The pup is guaranteed to be healthy upon release to Buyer. Vet certification is required for any pup becoming ill following 48 hours after delivery or pick up if you feel your pup picked up a communicable disease prior to leaving our premises. Keep in mind your puppy is leaving the only home he/she knows. Change can sometimes be stressful on your new puppy. Please keep this in mind and try to allow your puppy time to adjust to it's new family and surroundings. Try to keep changes to a minimum until your puppy adjusts. All puppies are different and adjustment should take about 2 weeks. We do encourage you to take your puppy to his first checkup.
There is no guarantee for undecended testicles or ears that will not stand, unless puppy is purchased for show/breeding. Reproductive Capability is not Guaranteed, as Seller can not know that in advance.
Buyer must, when the puppy turns 12 months of age have hips and elbows pre-limbed by a licensed veterinarian. Buyer will then send in the x-rays to "OFA" for PRELIMINARY CERTIFICATION. A copy of the results must be sent to Seller by Buyer within one week after notification from "OFA" stating the results of the "OFA" PRELIMINARY CERTIFICATION in order for the full 24-month guarantee to be honored. Failure to do so will result in the 24-month guarantee to be null and void. Buyer understands that the Guarantees do not transfer to any other party.
If the pup should have any major defects which will cause the death of purchased puppy and not the proximate cause of an injury or illness by the pup's first birthday, Seller agrees to:
Replace the pup with a puppy of breeders choice from the next available litter of equal value. Buyer understands that each litter may be of a different value, so Buyer may choose to take a replacement puppy from higher priced litter only if Buyer pays the difference in price. If there is a price difference between the litters, the difference must be paid by the buyer. The shipping cost of the replacement pup is the buyers responsibility.
It is the Sellers goal to replace the puppy with equal looks and temperament. Buyer will receive two opportunities to accept the Sellers choice of replacement puppy; should Buyer refuse, replacement puppy will be forfeited and contract will be considered "void". Buyer must provide Seller with a letter from a certified veterinarian setting forth in detail the defective life threatening defect. Buyer has the option to keep the original puppy (send proof of spaying and/or neutering) before receiving replacement puppy. Replacement puppy will not be shipped to Buyer until this proof is sent to the Seller. Buyer agrees at Buyer’s expense to send original puppy back to Seller should they no longer wish to keep puppy.
A replacement puppy is shipped at Buyer’s expense under the terms of the ‘Other Costs’ disclosure. There is no contract on replacement puppies.
If Seller is given evidence by any person including an animal control office or local state office that this pup is suffering or has suffered from abuse and/or neglect, Buyer agrees that Seller has the right to pick up the pup and all Buyer’s registration rights interest and right to any refund of the purchase price or expenses related to the pup’s care and welfare. Buyer agrees to this Abuse and Neglect section as stated herein and agrees registration papers will be signed over to Seller within one week of return of the pup to Seller.
Prior to breeding, Buyer agrees to meet the following conditions:
1) obtain a passing rating from the Orthopedic Foundation for Animals or a passing rating from PennHip with regard to the pup’s hips,
2) tattoo or microchip, and
Buyer agrees not to breed a bitch pup until that pup reaches 24 months. Furthermore Buyer agrees to breed to enhance the breed, to conform to the breed standard, and not to sell any offspring from the pup in any pet store or wholesale outlet. Buyer agrees to have the bitch spayed on or before the age of eight years or obtain a vet health certificate stating this bitch is healthy enough to breed. In addition, Buyer agrees to remove from their breeding program and neuter or spay the pup if found to be dysplastic, and furnish proof of the neuter/spay to Seller. (Herein referred to collectively as the “Conditions”).
If Buyer uses this pup for breeding prior to doing or meeting any of the aforementioned conditions, Buyer will be in breech of contract. Penalties for breech are the 24 month Guarantees are null and void, Buyer will pay Seller a One Thousand Dollar ($1,000) fine for each breech, Buyer may have to return pup, legal action and any costs thereof shall be borne by Buyer should Seller sue for breech of contract. Return of pup will be totally at Buyer’s expense and there will be no refund of purchase price or well-care or upkeep reimbursement, or offer of replacement pup, for an award to Seller of breech of contract. AKC Registration of the pup for an award to Seller of breech of contract shall revert totally back to Seller. Buyer may voluntarily relinquish the pup and sign over the registration papers at any time and therefore not incur legal costs. Buyer understands further legal action and/or monetary awards may be taken if the pup is not returned in excellent health and condition AKC will be informed of such abuse and neglect.
Deposits will vary depending on the breeding. Since some litters will be cost more the deposit expected will also be higher. The amount of deposit required for a particular litter will be listed on the puppy page. DEPOSITS ARE NON-REFUNDABLE. If Buyer feels their choice of color or gender was not produced, Buyer may roll deposit to the next available litter of Seller. Buyer may roll deposit one time and then deposit is forfeited and this contract is void. Buyer understands others are contraction out of future litters and Buyer will be placed in pick order following those who have already contracted. If Seller is no longer breeding, Buyer will receive a full refund of the deposit.
Buyer agrees to pay a $55.00 puppy vet check plus any flight expenses if this pup is shipped via air. A crate furnished by Seller shall be reimbursed by Buyer at an agreed upon cost prior to shipping. Shipping will be arranged by Seller at Seller's convenience. Seller will attempt to accomodate the Buyer and his/her schedule, but Seller will ultimately decide all arrangements. There will be a $100.00 cost added to shipping for delivery to airport and gas expenses in preparation for shipping. Costs are paid up front prior to shipping or the pup will be held until funds are received. Buyer agrees that if funds are not received by the time the pup turns 6 weeks of age, buyer forfeits all rights to the pup, the pup will be sold and all retained by Seller unless other arrangements are made and agreed on by Seller.
The pup’s name must include the name von der burg Rubin in AKC registration. No other kennel name may be used in naming this pup unless written permission is given by Seller. Breech of this will nullify all 24-month guaranties and possibly result in a lawsuit. Buyer will notify Seller of the pup’s selected registered name prior to Seller forwarding the registration papers. Registration papers will be filled out with the dog’s name. Buyer agrees that the pup’s name will begin with the Litter Letter, and understands that the pup may use a call name but must be registered with the Litter Letter.
Buyer shall make Buyer’s pick no later than 8 weeks of age. Pups may be picked up as early as 8 weeks of age and no later than 10 weeks of age unless special arrangements have been made. Pups that stay later than 10 weeks will be charged a $50.00 a day boarding fee. Pups shipped via air will not be shipped until 8 weeks of age. Seller states all pups will have had a booster, bordetella, and have been timely wormed.
Buyer agrees that no pup may be resold by Buyer to another party without first giving the Seller written first right of refusal. Seller agrees to answer any offer of purchase within two weeks with a written response indicating Seller’s decision to repurchase or not repurchase the pup. if Seller does not desire to purchase the pup back, Buyer may sell the pup but the new owner must meet with Seller’s approval. Failure to offer Seller first right of refusal and/or approval of the new buyer will void all 24-month guarantees to Buyer, Buyer must pay Seller a One Thousand Dollar ($1,000) fine for breech of contract, and Seller may still file suit for further damages. Buyer understands the 24-month Guarantees do not transfer to any other party without a written Transfer Agreement between Seller and the new Buyer, the cost of which is $50.00
Should Seller exercise the right of first refusal, Buyer will at Buyer’s expense get a vet well check on the pup, if clearance is over one year old and the pup is intact for breeding, and provide preliminary hip certification if pup is under 24 months old and intact for breeding. Airline expense will be split equally and AKC registration papers signed over to seller and sent to Seller together with applicable hip clearance via express mail one week prior to shipping the pup. Seller will remit applicable funds to Buyer upon receipt of the registration papers and applicable documents.
If either Buyer or Seller take any legal action to enforce any part of this Contract, action shall be initiated in the county of Seller’s residence and any legal fees and court costs shall be the responsibility of the party found to be in default.
Registration papers will be furnished to the puppy Buyer upon clearance of all funds due and payable to Seller within 30 days from being received from AKC. All puppies sold as pets/family companions must be spayed and/or neutered (NO EXCEPTIONS). Failure to register a pup from one year of the purchase date or receipt of paperwork will result in forfeiture by Buyer of any Guarantees. A $25.00 charge will be due to Seller for any insufficient check.
SELLER
Debra Rubin
von der burg Rubin German Shepherds
P.O. Box 150383
Arlington, Texas 76015
vonderburgrubin@yahoo.com
http://www.vonderburgrubin.com
Signature _____________________________________Date_____________
BUYER
Name
Address
City/State/Zip
Phone
Email
Signature _____________________________________Date_____________
von der burg Rubin’s Questionnaire (mandatory)
This questionnaire becomes a binding part of your signed puppy contract.
When answering this questionnaire, make certain that you decide if you are wanting a show/breeding quality puppy or a pet quality/family companion puppy. Show/breeding quality puppies will be slightly higher in price than pet quality/family companion puppies. Pet quality/Family companion puppies must be spayed/neutered. NO EXCEPTIONS!!!!!
1. Have you ever owned a German Shepherd before? If yes, please tell us about them.
2. Do you presently own any dogs? If yes, please tell us about them.
3. What breeds have you owned in the past? What were they like?
4. Do you plan to breed? If so, what are your plans?
5. What is your plan for this pup? (i.e., training plans, family companion, performance, ect.)
6. Do you own or rent your home? Specify: house, apartment, duplex ect. If renting please furnish proof of acceptance from your landlord that dogs OVER 50 lbs are allowed.
7. Do you have a fenced in yard? How high is it?
8. Please describe your facility for maintaining this pup.
9. Do you have children? yes/no.__________ages
10. Number of hours of the day your dog will be home alone without human contact?
11. Anything else you’d like to tell us?
12. How did you hear of us?Thank you for completing our questionnaire, we look forward to working with you.
Puppy’s Information
AKC Registered Name of the pup ___________________
AKC Registered Number____________________________________________
DOB__________________
Gender_____________________
Color_________________
Markings_________________
Microchip/tattoo#__________________
Sire
AKC Name_____________________________________________
AKC Number____________________________________
Dam
AKC Name________________________________________________
AKC Number__________________________________________
This contract was revised 01-01-2008