Hellerz House Of Blues Purchase and Sale
Agreement for the Purchase of A Pure-Breed
American Staffordshire Puppy
This is only a sample of the contract. The actual contract will be filled and mailed to you. Also this contract is subject to change with out notice. I. Introduction The parties enter into this contract for the purchase and sale of one (1) purebred AMSTAFF dog. The contract terms set forth are prepared for the benefit of each individual dog, breeder, and buyer—to prevent the exploitation of the AMSTAFF breed through unselective breeding programs and practices. The parties enter into this agreement to preserve their mutual concern and respect for the AMSTAFF breed. The parties further acknowledge the breeders have no intent to reserve breeding rights on the AMSTAFF puppy. II. Parties This Purchase and Sale Agreement (herein after "Agreement"), made this day of_______, 20_____, is between CHRISTINA AND BRANDON HELLER (Seller) doing business as HELLERZ HOUSE OF BLUES located at
and __________________ (Buyer)
residing at_________________________________
_________________________________
Phone:____________________________
The Buyer agrees to purchase from Seller a Male or Female puppy of the AMSTAFF breed from
DAMION'S DEMON (SIRE) x TILA'S MIDNIGHT SKY (DAM)
LITTER WELPED :
Breed: AMERICAN STAFFORDSHIRE TERRIER (AMSTAFF)
Date of Birth:____________________
Registration No:(ifapplicable)
Color:____________________________
Markings:
Any knowledgable health issues? [ ] YES [ ] NO
(If YES, specify on the line provided)
The purchase price of the puppy is: __________
Non- Refundable Deposit made:
III. Buyers Obligations
The buyer agrees to provide the dog with proper exercise, diet, shelter and general care. The buyer further agrees to provide regular veterinary care including checkups, booster vaccinations, and any other care needed by the dog, (e.g. regular worming, illnesses, injuries, etc). ANY DOG FIGHTING OR ABUSE OF ANY KIND IS BREECH OF CONTRACT AND THEREFORE BUYER WILL SURRENDER THE PUPPY TO THE SELLER AT NO COST TO THE SELLER AND CHARGES WILL BE PRESSED!!!!
In addition buyer shall be required to:
· Notify seller of any change in contact information;
· Submit applicable registration materials if required;
· Notify seller of any pertinent accomplishments of the dog – titles, awards of merit, or other accomplishments recognized by any appropriate organization;
· Notify seller of any breedings of the puppy for bloodline tree usages and for seller to know what breedings are produced by the puppy being spoken of and you authorize the seller to use this information if wished on the sellers website (used for references and updates on puppy); and for the sellers own knowledge.
· Release agreement – allowing seller to use the dog’s name, picture, future breeding info and/or other information in advertising the kennel or other dogs, providing that seller shall give buyer proper recognition of ownership where appropriate. Buyer also agrees to send pictures ( side ,front, back sides) of the dog when they reach 4 months, 6 months, 8 months, 12 months and 2 yrs of age. This is for our produced page, showing us, and other potential buyers what we produce. Failure to comply results in breech of contract unless otherwise agreed by both the seller and buyer of the purebred AMSTAFF puppy.
IV. Future Transfer of Ownership of Dog
In the event the buyer is unable to keep the dog for any reason, the buyer agrees to immediately contact the seller(HELLER). The buyer agrees that the seller(HELLER) has the first option to either: (a) take the dog back at no cost to seller or (b) assist the buyer in finding a suitable home for the dog. In the event the seller(HELLER) will make a reasonable offer based on the reasonable assessment of factors that may affect the dog’s value, such as age, condition, and general health.And the buyer will only get half of what the seller agrees on the price of the puppy. In the event that the Buyer sells the dog without the Sellers (HELLER) prior consent, the Seller (HELLER) may seek damages in the value of the dog and consequential damages to the Kennel.
V. Health Guarantee and Health Guarantee Obligations
There is a 1 year general health guarantee included in this contract.
To the best of the Breeder’s knowledge, the AMSTAFF is free of signs or symptoms of disease or congenital defects upon being born and purchased, The Buyer has the option to take the dog /puppy within 72 hrs of purchase, at their own expense, to a veterinarian of their choice. If the puppy is found not to be in good health, the buyer will return the AMSTAFF puppy to the Seller immediately (24 hours after vet check), provided the dog/puppy has not been damaged in any way, and diagnoses if any, and the Breeder will either (1) replace the AMSTAFF; or (2)refund the purchase price WITHOUT the price of deposit of $200. The adverse health report must be in writing and signed by a licensed veterinarian, and reviewed by my veterinarian. If you qualify for a replacement pup , you will recieve one of equal value, if you choose one of more value, you will be responsible to pay the difference. If we do not have a puppy available at that time, you will be gauranteed to recieve a puppy in the next breeding litter. You are to return the puppy found not to be in good health, alive . We do not cover viruses such as Parvovirus, Kennel cough, Coronavirus, etc. We do not gaurantee the growth size of your puppy, or if it is of show or breeding quality. If you choose to purchase a puppy with any health problems, you will be responsible for vet costs and you may not get a purchase refund, but you are more than welcome to return the puppy to us.
We do recommend that you not take your puppy on walks, to pet stores, parks etc. that other dogs regularly visit untill your puppy has ALL of its shots.
VI. General Training and Socialization
The buyer recognizes general characteristics of the AMSTAFF breed especially because of its size, and reputation and is aware of how strong this breed of dog is.
The buyer accepts the risks and responsibilities of owning the dog, and the buyer acknowledges that he/she has sole responsibility for ongoing, life-time socialization and training for the dog as appropriate for its age and level.
VII. Breeding and/or Performance Obligations
Seller makes no guarantees as to the quality or performance of the puppy. The buyer accepts responsibility for training, grooming and socializing the dog as necessary to prepare the dog.
The buyer agrees to not use the dog for contributing to puppy mills, commercial breeding facilities, dog fighting or mis-treating of any kind to this breed of dog or other practices considered detrimental to the health of the individual and of the breed. The buyer agrees:
[ ] The buyer agrees the dog shall not be bred until it has achieved the appropriate age of 2 years (female);
[ ] The buyer agrees that the dog shall not be bred except to another dog of the same breed;
[ ] The buyer agrees that the dog is sold as a COMPANION DOG.
VIII. Breach of Agreement
In the event of breach of this agreement, buyer agrees to pay all expenses of retaking, holding, preparing for sale, selling, and expenses as may be allowed by law and incurred by the seller in enforcing his or her rights under this agreement. The rights and remedies conveyed upon the seller will be in addition to and not in substitution of or in derogation of the rights and remedies conferred by the laws of the State of Nevada.
The parties understand that, in addition to costs relating to the health, welfare, and safety of the dog, the damages that may arise from a breach of this agreement may adversely affect the reputation and value of the Kennel’s dogs. The parties agree that any material breach of this agreement will be valued at $5,000.00 in damages plus attorney’s fees and costs.
Parties agree that the proper jurisdiction and venue of this agreement shall be Lyon County, Nevada. The proper venue shall be the Canal Justice Court. However, parties may agree to mediation, arbitration, or another form of alternative dispute resolution.
Buyer understands that the following will be considered as breach of contract:
(Buyers Initials)
[ ] ABUSE IF ANY KIND SUCH AS, PHYSICAL,VERBAL OR EMTIONAL (STARVING, BEATING, STRIKING, YELLING, THREATENING OF ANY KIND NOT GETTING PROPER VET CARE FOR THE PUPPY OR PROVIDING PROOF)
[ ] IF THE BUYER DOES NOT PROVIDE PROPER SHELTER,FOOD AND WATER
[ ] AMSTAFF NOT BEING PROPERLY ATTENDED TO AND IS OFF THE BUYERS PROPERTY WITHOUT THE BUYER OR RESPOSIBLE PARTY AND IS PICKED UP BY ANIMAL CONTROL- IN THIS EVENT BUYER AGREES TO PAY ANY COSTS TO GET THE PUPPY RELEASED FROM THE SHELTER AND SURRENDERS THE PUPPY TO THE SELLER AT NO COSTS.
IX. Seller’s Warranties
Breeder guarantees the described AMSTAFF is a purebred dog, and is eligible to be registered with the CONTINENTAL KENNEL CLUB (CKC)
It is the Buyers responsibility to submit CKC application to recieve CKC registration papers. Sellers only responsibility is to provide Buyer with the CKC info of the Parents of the puppy as necessary to have the puppy reistered through CKC.
The buyer must keep the name provided by the seller(HELLER) for the puppy of buyers choice as the registered name (if any) FAILURE TO DO SO WILL RESULT IN BREACH OF CONTRACT unless a mutual agreement is set and agreed to by both the seller and buyer. Additional agreement terms are specified below.
The proper venue for any dispute arising from the provisions of this agreement or the sale of this puppy shall be in Lyon County, Nevada. This agreement stands alone, and any oral promises are not to be superseded by this agreement.
There are no other contracts or documents that affect this agreement, absent another agreement signed by all parties. This contract is binding upon all heirs, successors and assignees.
XI. Miscellaneous
The following miscellaneous provisions are incorporated into this agreement:
· Change of Contact Information: The buyer agrees to notify the seller of any changes of contact information during the dog’s lifetime;
· Amendment: Any changes or additional terms to this Agreement must be in the form of an Addendum and signed by all parties;
· Severability: If any provision of this Agreement is or becomes void or unenforceable by force or operation of law, the other provisions shall remain valid and enforceable;
· Integration: The entire Agreement between the parties is contained herein.
· Applicable Law: This Agreement shall be governed by the substantive laws of the State of Nevada, without regard to conflicts of law provisions.
DATED THIS________ DAY OF _______20____ BY: ____________________________ (BUYER) ____________________________ and ____________________________(SELLERS) Christina Heller and Brandon Heller Hellerz House Of Blues Fernley Nv 89408 775-980-6187