CONDITIONAL AGREEMENT OF SALE CONTRACT (BITCH Breeding/Show)
BETWEEN SELLER: Patricia A. Cazenave, 901 Ricka Ct, Chesapeake, VA 23322-3724 / (757) 482-4781
The Seller is the owner of a Portuguese Water Dog hereafter identified as "the bitch" and further described as follows:
AKC Registered Name of the Bitch:
Sex: FEMALE Coat:
Color and Markings:
Date of Birth:
Name of Sire:
AKC#: OFA#: CERF#: GM: ERG: , Elbow:
Name of Dame:
AKC#: OFA#: CERF#: GM: ERG: , Elbow:
The Buyer(s) agree(s) to a purchase price of $
1. The Buyer(s) acknowledge(s) that this bitch is being sold on a Co-ownership basis with the Seller.
2. The Buyer(s) shall include the kennel name "NAVIO" as the preface in the name under which the bitch is American Kennel Club (AKC) registered.
3. The Seller warrants that on the date first appearing above, the bitch appears to be free from any communicable disease, is in apparent good health, and is free from apparent wounds or injuries, except as may be noted herein. The Buyer(s) (is/are) free to have the bitch inspected by a licensed veterinarian within 96 hours after delivery by the Seller and, should the veterinarian certify in writing that the bitch is ill or unsound, the Buyer(s) may elect to return the bitch for a full refund of the purchase price. The bitch shall not be returned unless the examination is performed as stated above or a written waiver of the time limit is obtained from the Seller.
4. The Seller and Buyer(s) shall remain as registered Co-owners of the bitch until all conditions of this Contract have been fulfilled or the bitch has been spayed or is deceased, whichever occurs first. Should the Buyer(s) choose to resell or place the bitch after the time specified in Clause 12, the Seller shall be given first refusal to meet any bona fide offered price. In the event the bitch is sold to a third party purchaser, such sale shall be upon the terms and conditions of this Contract and the Seller shall be a party to such contract of sale and shall remain as co-owner with the purchaser until the provisions of this contract are satisfied.
5. The Buyer(s) shall not, under any circumstances, sell, give, or otherwise transfer the bitch to any pet shop, pet farm, research laboratory, or similar institution. Any attempt to do so shall invalid the conditions of sale and the Seller shall be entitled to repossess the bitch and such progeny in the Buyer(s)' possession without refund of the purchase price or payment for the progeny. The Buyer(s) shall be responsible for all costs of repossession, including reasonable attorney's fees.
6. Should the bitch develop crippling hip dysphasia within one year following birth date, the Seller shall refund the entire purchase price stated on page one of this Agreement. Such condition shall be evidenced by a letter from a licensed veterinarian together with X-ray photographs of the bitch's hips.
7. The bitch and such progeny in the Buyer(s)' possession shall be subject to repossession by the Seller without refund of purchase price or payment for the progeny in the event that the Buyer(s) commit(s) or permit(s) to be committed a breeding with a stud dog not pre-approved by the Seller or a breeding with a stud dog that has not been OFA certified , CERFed and GM-1 Storage Tested in accordance with Portuguese Water Dog Club of America (PWDCA) recommendations and requirements. The Buyer(s) shall be responsible for all costs of repossession, including reasonable attorney's fees.
8. The Buyer(s) shall notify the Seller immediately in case of a serious illness or injury to the bitch. Buyer(s) shall immediately notify the Seller in the event of the death of the bitch from any cause whatever. An attending veterinarian's report shall be furnished the Seller in the event of the bitch's death. The Seller may, at her option, require an autopsy to be performed, costs to be shared equally by Seller and Buyer(s). In the event the bitch is found to have died from neglect or mistreatment through the fault of the Buyer(s), the Buyer(s) shall pay the entire cost of the autopsy and shall, in addition, pay the Seller an additional sum equal to the purchase price of the bitch in reparations.
9. The Buyer(s) shall furnish Seller with written reports and photographs of the bitch's physical condition at six (6) month intervals until the bitch attains the age of two (2) years.
10. The Buyer(s) shall have an evaluation of the bitch's hips performed at one (1) year of age by a licensed veterinarian and will have the bitch's hips evaluated at two (2) years of age by the Orthopedic Foundation (OFA). Buyer(s) will forward a copy of the evaluation reports to Seller promptly upon receipt. Buyer(s) will not use this bitch for breeding purposed until and OFA evaluation has been obtained. In the event the bitch shall be ineligible for an OFA Breed Registry Number at two (2) years of age, the Buyer(s) (is/are) required to spay the bitch. The Seller shall refund to the Buyer(s) the sum of $________ (the difference between show and pet price) on receipt of documented evidence that the Buyer(s) have spayed the bitch so that it cannot be used for breeding.
11. The Buyer(s) shall have an evaluation of the bitch's eyes performed by the Canine Eye Registration Foundation (CERF) when the bitch attains the age of two (2) years and shall forward a copy of the evaluation report to the Seller promptly upon receipt. The Buyer(s) will not use this bitch for breeding purposed until a CERF evaluation has been obtained. In the event the bitch shall be ineligible for a CERF registry number at two (2) years of age, the Buyer(s) (is/are) required to spay the bitch. The Seller shall refund to the Buyer(s) the sum of $________ (the difference between show and pet price) on receipt of documented evidence that the Buyer(s) have spayed the bitch so that it cannot be used for breeding.
12. The Buyer(s) shall make a conscientious and responsible effort to obtain an AKC championship for the bitch prior to the age of three (3) years or its first breeding, if earlier. Except as provided in Clauses 10 and 11, the Buyer(s) shall not spay the bitch unless the life and health of the bitch is otherwise in jeopardy until the obligations of this the Contract are fulfilled. Should it become necessary to spay the bitch prior to fulfilling such obligations, the Buyer(s) shall make reasonable efforts to obtain Seller's consent to spaying. The Buyer(s) shall, in any event, furnish to the Seller a certificate from a licensed veterinarian that spaying or spaying is required to protect the life and health of the bitch. Should the Buyer(s) choose to spay the bitch after obtaining its championship and fulfilling all other contractual obligations, the Buyer(s) shall make reasonable effort to notify the Seller.
13. Should the bitch be unable to obtain an AKC championship due to inherited physical imperfections, the Seller will refund to the Buyer(s) the sum of $________ (the difference between show and pet price). As a condition to obtaining such refund, the bitch's physical imperfections shall be documented by letters from the Buyer's veterinarian and from a licensed professional handler. In such event, the Buyer(s) shall spay the bitch so that it cannot be used for breeding.
14. The Buyer shall consult with the Seller on any proposed breeding or leasing of the bitch for breeding purposed to ensure that such proposed breeding or leasing will likely preserve or improve the standards of the Portuguese Water Dog breed.
15. Additional Terms and Conditions of Breeding, annexed, are incorporated by reference (Addendum, Breeding/Show Contract, 2 pages).
16. The Seller is bound by this agreement to the original Buyer(s) only. The State Of Virginia will be state of record for any legal proceeding in reference to this Contract by either the Seller or the Buyer(s).
17. No other warrantees or guarantees, expressed or implied, are made under this contract except as stated herein.
THIS AGREEMENT constitutes the entire understanding of the parties and may only be modified or amended by a written document signed by all parties to this Agreement. This Agreement is binding upon the Buyer(s) and the Seller and upon each of them. No assignment of rights under this Agreement may be made by the Buyer(s) without the prior written approval of the Seller.
THIS AGREEMENT is made for the mutual benefit and protection of the Buyer(s) and the Seller, for the protection of the named bitch, and for the protection and preservation of the Portuguese Water Dog breed.
THIS AGREEMENT consists of 5 pages, which are serially numbered 1--5, together with a 2 page Addendum of Additional Terms and Conditions for Breeding.
Given under our hands and seals the day, month and year first above written:
ADDENDUM TO NAVIO BREEDING/SHOW CONTRACT
AGREEMENT DATED ______________________19_____with:
The Buyer(s) may breed the bitch before the age of four (4) years provided the bitch obtains its AKC championship as specified by Clause 12 of the Contract. The Buyer(s) shall not spay the bitch until a successful breeding has been accomplished unless spaying is required to protect the life and health of the bitch or the bitch is unable to obtain its OFA or CERF registrations as provided in Clauses 10 and 11 of the Contract. The Sellers consent shall be obtained for the choice of all stud dogs. The Seller shall have second choice puppy from the bitch's first or first choice puppy from the bitch's second litter (Seller's option to choose 1st or 2nd litter). For this purpose, "Litter" shall mean four (4) or more puppies, born of a single whelping, surviving beyond the age of eight (8) weeks.
Should the first breeding fail to produce a Litter (as defined above), the Buyer(s) shall breed the bitch a second time during the second estrus cycle following the first whelping. The Seller shall have the option of taking the second (or only) choice puppy from the first whelping or first choice puppy from the bitch's second whelping, irrespective of the number of surviving puppies. Should the Seller not claim a puppy from the whelping after a first breeding that fails to produce a Litter and no second whelping takes place within one year after the first whelping, the Buyer(s) shall pay to the Seller the additional sum of $___________ (the cost of a show puppy). The Buyer(s) shall be responsible for all costs, attributable to the Buyer(s), incurred by the Seller in executing this clause, including reasonable attorney's fees.
The Buyer(s) shall have the bitch GM-1 storage disease tested prior to breeding. If required by PWDCA guidelines, the Buyer(s) shall have all puppies GM-1 storage disease tested prior to placement. The Seller shall compensate the Buyer(s) for all costs involved in GM-1 storage disease testing of the Seller's choice puppy. The Buyer(s) shall also have all of the puppies evaluated by a professional handler during the eighth (8th) week following whelping. Seller's pick of choice puppy shall be made following the evaluation at eight (8) weeks after whelping. The Seller shall have the option of either taking physical possession of choice puppy or of selling the puppy under Seller's standard Conditional Agreement of Sale Contract (Breeding/Show) and retaining the proceeds of the sale. On Seller's request, the Buyer(s) may act as Seller's agent(s) for delivering the choice puppy to new owner(s). The Seller shall not leave the choice puppy in Buyer's care longer than twelve (12) weeks following whelping. Seller's choice puppy shall, in all events, bear the Seller's kennel name, "NAVIO" as the prefix in the name under which the puppy is AKC registered.
Should the Buyer(s) spay the bitch without Seller's consent before the breeding obligations of this addendum are fulfilled, Buyer(s) shall forfeit to Seller the additional sum of $___________ as liquidated damages. The Buyer(s) shall be responsible for all costs of recovering the damages, including reasonable attorney's fees.
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