Little Nell Bichon Frise Show Contract
This agreement is made, and hereby entered into, on ___________________,
by Sharon Wexler of Little Nell, hereafter referred to as "Seller/Breeder," and
hereafter referred to as Buyer/Purchaser.
This contract is for the purpose of setting forth the terms and conditions for the sale/purchase of a purebred show quality Bichon Frise.
Purchase price: $_________________; Purchase date: __________________________.
Show Prospect Terms
Buyer understands that the Bichon Frise:
Registration Name: _Little_Nell(’s)__________________________________________________;
AKC Registration No:___________________ Call Name: _________________________________;
D.O.B: ______________________; Sex:_________________;
Sire: ______________________________________________; Reg No:_____________________;
Dam: _____________________________________________; Reg No:_____________________;
Hereinafter referred to as "Puppy", “Dog” or “Bichon Frise”, is being sold as a show prospect. “Show prospect” shall be understood to mean that the dog has no disqualifying cosmetic faults as defined by the AKC breed standard at the time of the sale, that no genetic disorders are immediately apparent, and that Breeder deems dog to be of sufficient quality to be shown.
Each party voluntarily enters into and agrees to all terms delineated in this contract as witnessed by their signatures on the last page of this contract.
Deposits for Little Nell Bichon Frise
A deposit in the amount of $300 is required to Reserve an Available Little Nell Bichon Frise Puppy from Sharon Wexler of Little Nell. The deposit will be applied towards total purchase price.
Balance will be due no later than 1 week prior to shipping/delivery, or on the day of delivery if Buyer is physically picking puppy up.
The deposit is a promise to buy the puppy. If for some reason the Buyer changes his/her mind on the puppy, they forfeit their deposit. If something should happen to the puppy or it is not available for health reasons, the deposit will be applied to a later litter. The deposit is non refundable. The Buyer has read and fully understands the terms of this contract and agrees to comply with them. Buyer, by making the deposit, agrees in full to this agreement.
Buyer hereby states that this Bichon Frise is being purchased
as a companion, and shall be provided for as a member of the family.
It is further agreed to by Buyer that proper safeguards will be taken to assure for the care and comfort of the dog sold herein. It is the understanding that this dog will be a household (indoor) companion and that it will have access to a fenced yard or will be walked on a leash for it's exercise. Buyer agrees to never turn dog loose uncontained area outside without being on a leash. Buyer agrees not to tether or tie this dog for confinement.
Buyer further agrees to maintain the dog at all times in good health agree to provide this Bichon Frise with quality food, ample fresh water at all times, and considerate companionship on a daily basis as a family member. Buyer also agrees to provide appropriate veterinary care with periodic check-ups, regular vaccinations, wormings and yearly heartworm preventative.
Should, at any time, this Bichon Frise be mistreated by reason of abuse or neglect, the breeder reserves the right, with substantiated proof, to take back immediate possession of the dog without reimbursement to the owner. Should this clause need to be enforced, the owner shall forfeit the dog’s registration papers to the breeder within 7 days of the breeder taking possession.
Breeder retains the right to visit, or have someone visit, the dog periodically for the purpose of determining what the litter produced or just to check on the dog’s welfare.
Buyer agrees to notify the breeder if they change address or telephone number to allow the breeder to keep track of the dog.
Buyer agrees to use the Breeder’s kennel name as a Prefix (i.e., Little Nell’s “xxx”, or Little Nell “xxx”) upon the naming of the puppy on any/all registration papers, show/event entries and advertisements. The Buyer has the right to add his/her kennel name to this dog’s name following the Breeder's kennel name.
The purchaser agrees that the breeder has the right to use any
photographs and accomplishments for advertising, etc. Buyer also agrees to
provide Seller with at least one show photo if dog is shown.
Should the owner so choose, it is recommended they have this puppy permanently identified by microchip. In this case when they register the AVID Microchip, the breeder's name and phone number shall be listed as one of the contacts in the case of the dog's loss/theft. A copy of the Microchip number shall be provided to the dog's breeder. This provision allows the breeder to keep track of the dog.
II. Terms of Ownership
It is the mutual understanding of both Buyer and Seller that this Bichon Frise shall live out its natural life as the companion of Buyer. This dog cannot be sold or given away without written permission from Seller (which will not be unreasonably withheld). If dog should ever be unable to be kept by Buyer, he/she must be returned to Breeder at no cost - there will be no refunds issued in the event that a dog is returned to Little Nell. Little Nell Bichon Frises are guaranteed a lifetime home with us if they ever become unwanted.
Breeder reserves the "right of first refusal" if [for whatever reason] the purchaser can not or does not wish to maintain custody of this Bichon Frise [at any time during it's lifetime] then purchaser must contact Breeder. If after 7 days Breeder does not answer or return buyer's phone call then buyer agrees to make one last attempt by certified mail. If Breeder does not answer then Buyer is free to place the dog in a new home but must give the Breeder the new owner's information.
This dog is never to be given to a pound, shelter, or rescue, under any circumstances. In the event the owner must release custody of the dog, they shall first make a sincere attempt to contact the breeder. If after (7) days the breeder cannot be contacted, or should the owner need to immediately release custody of the dog, the owner shall contact About Time Acres (www.AboutTimeAcres.com) to take possession of the dog. They shall make known to the contact the name of the breeder and provide them with all records and papers in relation to the dog, and must give the Breeder the transfer/contact information.
Transportation to return the dog to breeder shall be the responsibility of the dog's owner. The owner shall pay all expenses incurred in return of the dog.
In the event that the dog is placed with a third party instead
of being returned to the breeder the principle owner agrees to reimburse the
breeder in full for any and all expenses in retrieval of the dog, including
transportation and any and all reasonable attorney fees; plus any monies allowed
by the court as in Sect. VII.
It is agreed to by Buyer that upon the death of this dog, at any age, prompt notice will be given to Breeder.
III. Type Guarantee
Should the Bichon Frise develop a genetically disqualifying
fault as described in the AKC Bichon Frise breed standard, within 24 months,
which is attested to by Buyers and Sellers veterinarians, thereby causing
Buyer and Seller to agree that the Bichon Frise cannot be shown or ethically
bred, upon provision of veterinary reports, Seller will provide Buyer with
the options below (As outlined in section V).
This puppy was bred from correct parents without any health problems, temperament disorders, known hereditary conditions, or major show faults; however, all recessive traits can not be known. Therefore if this puppy develops a show fault that renders the dog unable or undesirable to be shown or bred, that is not the fault of the breeder but of unfortunate circumstances (including less than perfect ear-set, undesirable tail carriage, failure of testicles to descend, or abnormal gait) the dog will not be replaced.
Seller shall not be held responsible for the development of non-genetically disqualifying faults which are due to Buyer’s negligence.
IV. Health Guarantee
The new owner has the right to, and is advised to by the breeder,
have this Bichon Frise examined by a veterinarian of their choice. If, within
one year (12 months from date of purchase), the Bichon Frise is found to be in ill health after being
examined because of a genetic defect which
will prevent this puppy from living a normal life as a family companion, this
being attested to by Buyers and Sellers veterinarians, upon provision of veterinary
reports, Seller will provide Buyer with the options below (As outlined in
Seller shall not be held responsible for the development of diseases or disorders which are due to Buyer’s negligence.
V. Type & Health Guarantee Replacement/Refund Terms
Options for Replacement/Refund as covered by Type & Health
Buyer has the choice to keep the Bichon Frise with proof of spay/neuter, or return the Bichon Frise to Seller. Upon this decision, Seller will offer a replacement Bichon Frise or 50% of the original purchase price in the following manner:
A Show quality puppy from Seller’s next litter will be assigned to Buyer, Buyer has the right to choose:
a) Replacement: Should Buyer choose to accept the replacement Show Quality puppy, Seller will provide Buyer with the replacement Show Quality Bichon Frise from Seller’s next litter upon proof of Spay/Neuter or relinquishment of the original Bichon Frise.
b) 50% of Purchase Price: Seller will sell the assigned Show quality puppy and will refund 50% of original purchase price less any shipping or miscellaneous charges associated with transportation of Bichon Frise to Buyer upon proof of Spay/Neuter or relinquishment of the original Bichon Frise
Buyer is responsible for all fees for transportation of the
original and/or replacement to and from Buyer and Seller if applicable.
VI. Breeding Terms
Buyer agrees that this Bichon Frise (if female) will not be bred until a minimum of 18 months of age. If the female is bred back-to-back in successive heats, then Buyer will skip the female’s next heat to give her time to recuperate from whelping. This dog will not be bred more than 8 times in her lifetime.
Buyer agrees that this AKC Bichon Frise may ONLY be bred to
another purebred Bichon Frise. Buyer shall never breed this Bichon Frise to
any other than a respectable specimen of the same breed, always keeping in
mind the betterment of the breed.
Buyer agrees that all pet quality pups produced by this dog will be sold on spay/neuter agreements and limited registration papers. Buyer further agrees never to sell any puppies resulting from breeding the above-mentioned dog to any pet stores or other retail or wholesale outlets.
VII. Additional Terms
Seller will not be responsible for the costs of any injuries,
damage, or bills caused or incurred by above said dog after he leaves the
Seller's premise. If said dog must be returned to Seller due to circumstances
beyond the control of Seller (for whatever reason) he will be returned at
no charge to Seller.
Buyer agrees that if he or she is ever found in violation of any conditions of this contract above said dog may be repossessed by the Seller. In the event of repossession due to violation of contract, where Buyer will not willingly return dog, Seller reserves the right to physically enter property above said dog is located on and remove the dog. All legal fees incurred to repossess said dog shall be the financial responsibility of the Buyer. In addition, if any conditions or terms are violated in this contract by the Buyer he/she must pay the Seller a restitution of $5,000.
In the event that litigation is commenced to enforce any of the terms of this Agreement the Breeder, being Sharon Wexler, shall be entitled to the costs thereof, including reasonable attorney's fees and expenses.
In the event that litigation is commenced by the breeder due
to 'breach of contract' committed by the purchaser, the purchaser shall forfeit
any monetary refund due the purchaser upon court awarding return of the dog
to the breeder.
VIII. Failure to Comply with Provisions
Any litigation commenced shall take place in the state and County
of El Paso County, Colorado. Either party shall contact the second party in
notification of such action and proof of such notification shall be provided
to the court. In the event of their absence from court on the date set forth,
both parties do hereby agree to abide by the decision of the court of El Paso
County, Colorado; and further understand that action to enforce the decision
of this court will be taken within their state, or any state or county, to
execute the decision of the court of El Paso County, Colorado.
IX. Contract Agreement
I/We the undersigned, have thoroughly read and understand the contents of the entirety of this contract and its provisions herein. I/We do hereby acknowledge this to be a true and binding contract and by my/our signature(s) we do hereby agree, and make absolute promise, to abide by its term and conditions stated herein.
Purchasers Signature: _______________________________________________ Date: ___________
As Bichon Frise breeders, dedicated to the betterment and protection of or Breed, we recognize our responsibility to breed only the best specimens to compliment the betterment of the breed. We sell this Bichon Frise, feeling in good faith it is a healthy and respectable compliment of its breed. We hereby acknowledge this to be a true and binding contract. We agree, and make absolute promise, to fully abide by the terms and conditions of this contract. No other guarantees are expressed or implied. We further agree to offer guidance to the purchaser in the rearing of this Bichon Frise.
Sharon Wexler: ____________________________________________________ Date: ____________
Witness: _________________________________________________________ Date: ____________