| Prepared by: Freeman, Laycock & McDaniel 54 East Main Street, Norwalk, OH 44857 419-668-4896 CONTRACT FOR THE SALE OF CANINE ARTICLE 1. RECITALS A. Nature of Contract and Names of Parties This is an agreement for the sale of an Alaskan Malamute puppy ] between Candyrock Kennels,inc (Seller), of 13701 Andress Road, Berlin Heights, OH 44814, and ___________________________ (Buyer), of _____________________________________________________________________, on the following date: _____________________________. B. Governing Law The parties specifically intend that the provisions of the Ohio Revised Code Annotated, Sections 1302.01 to 1302.98 inclusive, will control all aspects of this agreement and its interpretation and that all the definitions contained in those statutes will be applicable to this contract, except when this contract expressly provides otherwise. C. Integrated Agreement The terms of this contract are intended by the parties as a final expression of their agreement with respect to the terms and also as a complete and exclusive statement of the terms. ARTICLE 2. DESCRIPTION OF CANINE A. Description of Canine Check the box next to the canine that is the subject of this agreement: Alaskan Malamute Puppy Sire: ____________________ Dam: _____________________ Reg#: ___________________ Reg#: _____________________ Litter Number: ____________ DOB: _____________________ Microchip Number: ____________________________________ D. Registration All Alaskan Malamute puppies are sold with Limited Registration unless both parties otherwise agree and initial below. Seller will issue AKC paperwork to Buyer only after Buyer has furnished Seller with written proof, signed by a licensed veterinarian, that the canine was spayed or neutered within six (6) months of the date of this Agreement. The Alaskan Malamute puppy that is the subject of this contract is being sold with Full Registration. ____________ ____________ Buyer’s Initials Seller’s Initials ARTICLE 3: RIGHT OF FIRST REFUSAL Buyer promises neither to give, sell, transfer or otherwise dispose of the canine without first offering the canine to Seller for repurchase at the purchase price listed in this agreement. ARTICLE 4: CARE OF CANINE Buyer promises NOT to “chain up” the canine for extended periods of time, nor in any other way mistreat or abuse the canine. Buyer understands that any and all information Seller receives regarding inappropriate care of the canine will be swiftly dealt with as follows: Seller will immediately contact the local Police Department and Humane Society and urge both organizations to investigate Buyer’s care of the canine. Buyer agrees that title to the canine shall immediately vest in the Seller if and/or when the Humane Society takes possession of the canine. In the event that Buyer abandons the canine, Buyer agrees that title shall immediately vest in the Seller and the Seller may, with police accompaniment if necessary, take immediate possession of the canine. For purposes of this document, abandonment occurs when Buyer moves out of his or her current residence and leaves the canine behind with no person to care for it. In the event that title vests in Seller as a result of either of the preceding two paragraphs, Buyer agrees that he or she shall have no remedy, whether in law or equity, to recover title or possession in the canine or to recover damages. ARTICLE 5: SELLER’S WARRANTIES A. Express Warranties Check the box next to the appropriate canine that is the subject of this agreement: Alaskan Malamute Seller expressly warrants that the canine will be sound and healthy for a period of three (3) business days from the date of this Agreement. This warranty applies to all defects diagnosed by a licensed veterinarian that do not rise to the level of a genetic defect, yet are still disabling to the canine. Examples of such defects include heart murmurs and/or neurological damage. Seller expressly warrants that the canine will be free from genetic defects for a period of twenty-four (24) months from the date of birth (DOB). For purposes of this agreement, genetic defects shall be defined to include only those genetic defects that, in the opinion of a licensed veterinarian, cause permanent damage to the health of the dog. Genetic defects common to the Alaskan Malamute breed include Hip Dysphasia, Chrondoplasian (dwarfism), Hemeralopia (day blindness) and Hemolytic Anemia. In order for Buyer to maintain his or her rights with respect to the preceding two warranties, BUYER MUST TAKE THE CANINE TO A LICENSED VETERINARIAN FOR A MEDICAL EXAMINATION AND FURNISH SELLER WITH A COPY OF THE REPORT OF SUCH EXAMINATION BOTH WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS AGREEMENT. If at that time the canine is found to have any defect, Buyer must furnish to Seller documentation from the veterinarian within three (3) business days of this Agreement and MUST PERMANENTLY RETURN THE DEFECTIVE CANINE to Seller within ten (10) business days of the diagnosis in order to be refunded his or her purchase price or be tendered a replacement canine of equal or lesser value. If the canine is found to be healthy at the aforementioned examination, but later develops a genetic defect within the twenty-four (24) month time period, Buyer is entitled to a refund of his or her purchase price or a replacement canine of equal or lesser value if Buyer furnishes to Seller documentation from a licensed veterinarian within three (3) business days of the diagnosis and IF THE DEFECTIVE CANINE IS PERMANENTLY RETURNED to Seller within ten (10) business days of the diagnosis. If, after the finding of a later genetic defect, Buyer does not feel comfortable returning the canine, Buyer may keep the canine and still receive a refund, but not a replacement, if Buyer furnishes to Seller documentation from a licensed veterinarian within three (3) business days of the diagnosis and if Buyer meets with a licensed veterinarian in order to develop a strategy for the care of the defective canine. Buyer shall then send that proposed plan, signed by his or her licensed veterinarian, to Seller for Seller’s approval. Upon Seller’s approval, Seller shall refund the purchase price to Buyer which Buyer agrees will be used exclusively for the care of the canine. If the canine should unexpectedly die within the twenty-four (24) month time period, Buyer must furnish a copy of the death certificate, signed by a licensed veterinarian, to Seller within three (3) business days of the canine’s death. Before issuing a refund or replacement canine, Buyer agrees that Seller may order a necropsy done at Buyer’s expense in order to determine the cause of death. If that cause of death is a genetic defect, Seller agrees to honor the warranty as described in the terms of this Article 5. In addition to the aforementioned requirements, in order to exercise warranty rights for the genetic defect of Hip Dysphasia, a licensed veterinarian must find that the defect rises to the level of Grade 4 and that diagnosis must be supported by an x-ray certified by the Orthopedic Foundation for Animals, Inc. The refund or replacement mentioned in this warranty provision is the only consideration available to a Buyer who purchases a canine with a defect. At no time will Seller be liable or responsible for medicines, vaccinations, veterinary bills, or other medical bills not already incurred upon tender of the canine to Buyer or to the carrier responsible for shipment. Buyer understands and agrees that the aforementioned guarantees are the only guarantees of the health of the canine made by Seller. The long term health of the canine is the sole responsibility of Buyer and includes regular vaccinations, proper nutrition, exercise, care, and visits to the veterinarian. Accordingly, Seller is only responsible in accordance with the above warranty provisions for defects that are diagnosed by a licensed veterinarian and timely reported to Seller in accordance with this Article 5. ARTICLE 6. DISCLAIMERS OF WARRANTIES A. Limitation on Express Warranty BUYER’S RIGHTS UNDER THE EXPRESS WARRANTY PROVISIONS CONTAINED IN ARTICLE 5 OF THIS AGREEMENT ARE ONLY ENFORCEABLE IF BUYER STRICTLY COMPLIES WITH ALL OF THE TERMS OF ARTICLE 5. FOR THAT REASON, ALL OF THE LIMITING PROVISIONS OF ARTICLE 5’S EXPRESS WARRANTY ARE HEREBY INCORPORATED BY REFERENCE INTO THIS DISCLAIMER. IN ADDITION TO THE LANGUAGE IN ARTICLE 5, THE FOLLOWING DISCLAIMERS SHALL ALSO APPLY: NO WARRANTY COMPENSATION WILL BE PAID TO OR EXCHANGED WITH BUYER UNLESS EVIDENCE OF A DEFECT IS PROVED BY THE WRITTEN, SIGNED RECORD OF A LICENSED VETERINARIAN AND SUCH RECORD IS TIMELY RECEIVED BY SELLER IN ACCORDANCE WITH ARTICLE 5. SELLER EXPRESSLY RESERVES THE RIGHT TO WITHHOLD WARRANTY PAYMENTS OR EXCHANGES UNTIL THE TERMS OF ARTICLE 8 OF THIS AGREEMENT ARE PROPERLY COMPLIED WITH. BUYER MUST PROVIDE TO SELLER WRITTEN PROOF, SIGNED BY A LICENSED VETERINARIAN, THAT THE CANINE WAS SPAYED OR NEUTERED WITHIN SIX (6) MONTHS OF THE DATE OF THIS AGREEMENT. IF SELLER DOES NOT TIMELY RECEIVE SUCH DOCUMENTATION, THE ARTICLE 5 EXPRESS WARRANTY PROVISIONS IMMEDIATELY BECOME NULL AND VOID. BUYER AGREES THAT THE ARTICLE 5 EXPRESS WARRANTY PROVISIONS ARE NON-TRANSFERRABLE AND NON-ASSIGNABLE. B. Implied Warranty of Merchantability SELLER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE CANINE BEING SOLD. C. Implied Warranty of Fitness SELLER DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WITH RESPECT TO THE CANINE BEING SOLD. ARTICLE 7. PRICE, PAYMENT AND DELIVERY The price for the canine that is the subject matter of this contract is $ ________________. If Buyer is picking up the canine from the Seller’s location, Buyer agrees to tender the full purchase price at the time the canine is picked up. If Seller is shipping the canine, Buyer agrees to pay to Seller the full purchase price at least two weeks before the anticipated shipment date. Seller reserves the right to withhold shipment until the purchase price is paid in full. Buyer agrees that he or she bears the risk of loss during shipment. ARTICLE 8. COMMUNICATION All correspondence regarding the canine, including correspondence from Buyer’s veterinarian, must include the canine’s microchip number. A All references to Seller in this document refer to Candyrock Kennels,INC, its successors and assigns. Signatures: Buyer: Seller: Candyrock Kennels ______________________ 13701 Andress Road Print Name Berlin Heights, OH 44814 ______________________ _______ _______________________ ________ Signature Date Signature of Agent - Date Kathy Eichenlaub or George Eichenlaub Buyer’s Contact Information: Phone: _____________________ Cell: _______________________ Email: ______________________ |
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Dear Puppy Buyer,
I highly recommend NuVet Plus.
More than a million dogs and cats are using NuVet to protect against most ailments
(from back yard pesticides, pet food allergies and hormones, toxic formaldehyde in
furniture and carpeting, ailments transmitted from dog parks and the vet’s office, etc),
while maintaining a beautiful skin and coat.
This is not just a vitamin. It’s an immune system builder with a precise balance of
vitamins, minerals, omega fatty acids, amino acids and high-potency antioxidants. That’s
why it works so well through all three stages of a dog’s life.
For younger dogs (under 2 years old), it strengthens their immune system, while
building and strengthening the cardiovascular, skeletal and nerve systems.
For dogs in their prime (age 2-8), it improves the luster of their skin and coat
while protecting against allergies, skin and coat problems, staining from tears,
digestive problems, etc.
For older dogs (over 8 years old), it helps reduce and eliminate arthritis, tumors,
premature aging, cataracts, heart conditions, diabetes and many types of cancer,
while extending the life and improving the vitality of many dogs.
We highly recommend NuVet Plus to keep your pet on the path to perfect health! It’s not
available in stores, and is only available to the general public with an order code from an
authorized pet professional.
For your convenience, you may order directly from the manufacturer (at up to 50% off
what most veterinarians charge) by calling 800-474-7044 and using Order Code: 31781
or ordering online at www.nuvet.com/31781 . By using autoship you can save an
additional 15%.
To the long life and health of your puppy!
Kathy Eichenlaub
Candy Rock Kennels
I highly recommend NuVet Plus.
More than a million dogs and cats are using NuVet to protect against most ailments
(from back yard pesticides, pet food allergies and hormones, toxic formaldehyde in
furniture and carpeting, ailments transmitted from dog parks and the vet’s office, etc),
while maintaining a beautiful skin and coat.
This is not just a vitamin. It’s an immune system builder with a precise balance of
vitamins, minerals, omega fatty acids, amino acids and high-potency antioxidants. That’s
why it works so well through all three stages of a dog’s life.
For younger dogs (under 2 years old), it strengthens their immune system, while
building and strengthening the cardiovascular, skeletal and nerve systems.
For dogs in their prime (age 2-8), it improves the luster of their skin and coat
while protecting against allergies, skin and coat problems, staining from tears,
digestive problems, etc.
For older dogs (over 8 years old), it helps reduce and eliminate arthritis, tumors,
premature aging, cataracts, heart conditions, diabetes and many types of cancer,
while extending the life and improving the vitality of many dogs.
We highly recommend NuVet Plus to keep your pet on the path to perfect health! It’s not
available in stores, and is only available to the general public with an order code from an
authorized pet professional.
For your convenience, you may order directly from the manufacturer (at up to 50% off
what most veterinarians charge) by calling 800-474-7044 and using Order Code: 31781
or ordering online at www.nuvet.com/31781 . By using autoship you can save an
additional 15%.
To the long life and health of your puppy!
Kathy Eichenlaub
Candy Rock Kennels
