The following agreement is between Janet Clark, at Mitzimist Maltese , hereafter referred to as "Breeder" and _____________________________referred to as "Buyer" for the sale and purchase
of one purebred dog of the Maltese breed.
.
Registered Name: ____________________________________________________________________________
Maltese puppy, Name: ____________________________, Color: ________________________ Sex:________
Whelped on:___________________
Sire : __________________________________________ CCCQ #
_______________________
Dam :
_________________________________________CCCQ# _________________________
Will become the property of the Buyer upon the fulfillment of the following conditions:
A. APPROVED HOMES FOR PUPPIES
It is agreed that the Breeder reserves the right to determine a prospective Buyer's suitability to purchase a puppy based on specific terms and conditions set out below. It is also agreed that if possible, the Buyer meet with the Breeder at the Breeder's home and the Buyer gives an honest and open account of their home/ work and family circumstances so the Breeder is able to make an informed decision regarding the placement of a puppy. If a face to face meeting is not possible due to distance between each party, then it is the responsibility of the Buyer to honestly answer all questions asked by the Breeder before Purchase Agreement can be drawn up and finalized.
Buyer and Breeder agree that the health, safely and well-being of the puppy is the paramount concern in this Financial Agreement. In the event that the Breeder becomes aware, during the time the puppy is in the care of the Breeder and the finalization of the Agreement, that the Buyer has intentionally or unintentionally mislead the Breeder or the Buyer has misrepresented their home/work circumstances or any other circumstances which may put the puppy's health, safety and well being at risk, then the written or verbal Purchase Agreement will be null and void.
It is agreed that if at any time, the Buyer breaches any of the specific conditions during the time the puppy is in the care of the Breeder and before the Purchase Agreement is finalized, then this Agreement will be null and void.
B. PURCHASE
PRICE
Purchase price
of $ ___________________ paid by the Buyer to the Breeder.
A non-refundable deposit of $100 has been made on (date)
__________________ and the puppy will be held until (date which
is stated by the Breeder)
____________________. At that time the balance of the purchase
price $____________ must be paid in full in either a lump
sum or through payments received. All terms and conditions of this agreement
must be met by the Breeder and the Buyer. Should any breaches of the stated
terms and conditions occur, then this Agreement is null and void and alternate
arrangements will be made for the placement of the puppy.
Note*** Final payment must be made
with cash/ electronic transfer or money order on the Breeder's stated date of final
payment.
TERMS AND CONDITIONS
C.
TRANSPORTATION COSTS
All
transportation costs will be paid by the buyer. Transportation costs
(shipping container, airport delivery charge , and any expenses
involved in the shipping of the puppy) must be prepaid before the puppy is
shipped. Freight charges will be advised.
It is further agreed by both parties that:
D.. USE OF DOG
It is agreed between Breeder and Buyer that this dog is being acquired as a
family companion dog appropriate to its breed such as therapy dog or for
companion dog for family members to be housed in a household environment.
Buyer agrees that the dog is not purchased for resale nor will it be used or
trained for activities which are illegal or for which it is not suited
by reason of temperament or conformation. Specifically it will not be used
as a guard or attack dog or to hunt or fight other animals.
The Buyer agrees that he/she will not sell, transfer ownership or possession
of the puppy to any person or organization whose intent it is to resell (pet
store), trade, or give away the dog, or use it in any experiments,
laboratory or otherwise or to use it as breeding stock for a puppy farmer.
E.
HEALTH
AND HEALTH GUARANTEE
All precautions have been made to insure that this puppy is in excellent
health at the time of purchase including vaccinations at 6 weeks of
age and has been de-wormed on a regular basis. The breeders’ veterinarian has
made a final health check and a current health certificate is included in
your new puppy packet. It is recommended that additional vaccinations be
given at 12 and 16 weeks of age, with annual booster immunizations.
Additionally, male show dogs have been checked
and verification has been made that both
testicles have descended at the time of pickup. _____________
(Initial) Accidents can happen with new puppy dogs, and this
contract does not cover testicle trauma after the puppy goes to his new
home.
The Breeder agrees to abide by the Code of Ethics of Responsible Dog
Ownership -Selling of Dogs by Members of the Canine Control Council
(Queensland), 2006-2007. In the Code of Ethics and Undertaking, the
Breeder agrees to abide all clauses.
The Breeder warrants the puppy to be in excellent health and free from parasites at the time of purchase/pickup, but has not made and does not now make any further warranties as to the puppy’s condition after pickup. It is the Buyers responsibility to prevent illness and injury by providing necessary booster vaccinations, veterinary care, proper nutrition, fresh water, shelter, training and supervision. It is agreed by the Breeder and Buyer that the finalization of this agreement is subject to the following specific terms and conditions:
(a). The Buyer agrees that a responsible member his/her family is available most of the time to take care of the young puppy to ensure it has appropriate nutrition, fresh water, and freedom from bodily or emotional harm in the Buyer's principle place of residence (domicile). The term domicile is established by the physical presence of the dog for the first time in a particular location which is deemed to mean, in this agreement, the family home.
(b) The Breeder agrees to ensure that the Buyer is given a written understanding of their responsibility for the care and welfare of the animal. The Breeder agrees to give written details of dietary and immunization requirements and/or appropriate documentation relating to such requirements and responsible dog ownership as well as the Buyer's responsibility to abide by Local Government By-laws.
(c). The Breeder agrees to abide by the provisions of the Queensland Animal Care and Protection Act, 2001
(d). The Buyer agrees to give an honest account of their home/work circumstances to the Breeder and the Buyer agrees not misrepresent their work/home life circumstances or give the Breeder false information in order to obtain a puppy. It is agreed that if the Breeder becomes aware that the Buyer has misrepresented her circumstances and has given a dishonest account of him/her home/work circumstances and the Buyer states she/he intends to take the puppy to an work place environment, an office outside the Buyer's residence and/or a place of business or to carry out his/her work commitments or;
(e) If the Buyer intends to leave the puppy unattended for long periods of time; or intentionally gives the Breeder misleading and false information which may be detrimental to the health and well-being of the puppy before he/she leaves the care of the Breeder or;
(f) The Buyer does not adhere to the terms and conditions set out on this website on the "Puppies For Sale" - definitions of an "approved home" and the responsibilities of prospective buyers prior to settlement of agreement and transfer of ownership from the Breeder to the Buyer, then it is agreed that the Breeder reserves the right to declare this agreement null and void.
The breeder has made
every effort to breed healthy dogs and has raised this puppy to the best of
her ability.
It is recommended by the Breeder that the Buyer take the puppy to a
Veterinarian of his/her choice and gives seven days from the date of
delivery of the puppy in which to do so. If, within those seven days,
a veterinarian finds the puppy to be unsound, unhealthy, or possessing a
serious genetic defect, a statement in writing must be provided to the
Breeder by that veterinarian documenting said condition for Breeders’
veterinarian to review. Any defects must be proven to be genetic and not
caused by environmental factors or mishandling by the Buyer. Upon
confirmation from Breeders’ vet of said condition, Buyer may return the
puppy, registration and all of his/her effects to the Breeder and receive a
full, immediate refund of the purchase price. All transportation costs
involved are the responsibility of the Buyer.
F.
REGISTRATION
The Breeder certifies that the puppy will be sold and registered under the
all Regulations of the Canine Control Council (Queensland) as a purebred Maltese
and will perform the required transfer of ownership of this registration as
soon as possible after the Buyer has taken ownership of the puppy.
Buyer agrees that the Breeders kennel name prefix “Mitzimist”
is the beginning
of the puppy’s registered name on the Registration certificate, and
understands that the Buyer will have the opportunity to name the puppy
prior to the finalization of this agreement and transfer of ownership of the
puppy from the Breeder to the Buyer.
The Breeder agrees to register ownership of the puppy with the Canine
Control Council (Qld) within 60 days of transfer of ownership of puppy.
The puppy will be registered in the name of the party listed on this
contract. The buyer also agrees that this puppy will not be registered with
any other registration service other then the Canine Control Council
(Queensland).
G.
OWNERSHIP
RESPONSIBILITIES
The breeder agrees to send weekly photos of the puppy to the Buyer with an updated report on the puppy's progress and development up to the age of 8 weeks or up to the time the Agreement is finalized and the puppy is in the care of the Buyer..
The buyer, in turn, agrees to provide weekly feedback via email to the Breeder on receipt of the puppy's progress report. This is a necessary requirement as it gives the Buyer further opportunities to gain information on the future care required for the puppy and helps create a bond between the Buyer and the puppy.
The Buyer agrees to maintain the dog in a humane environment and properly
train and care for it when the Agreement is finalized and the puppy is in
his/her care. Specifically, the dog will be properly licensed and
inoculated against rabies, distemper, parvovirus, and other communicable
diseases as recommended by a qualified veterinarian. The dog will not be
allowed to roam, penned for long periods of time, taken to prohibited public
areas such as places of business or any other prohibited areas. The dog will be socialized and obedience trained appropriately..
The Buyer agrees that this puppy will not be raised on slippery surfaces,
not be allowed to bound up and down stairs, rough-house with larger dogs,
jump down from heights or out of cars, etc, as this type of activity will
contribute to the breakdown of joints and growing bones, dislocation of
shoulders, hips and damaged elbows.
The Buyer further agrees that the puppy’s weight will be under strict
supervision until the dog reaches his/her second birthday. It is far better
to have the dog slightly underweight then overweight as excess weight
contributes to structural breakdown of the dog. Buyer also agrees nothing
will be given to the dog that would encourage rapid growth including
steroids, nutritional supplements ,and anything that promotes rapid weight
gain. (Glucosamine/Chondroitin sulfate supplements and Vitamin C
excluded)
It is the breeders’ recommendation that this puppy should be raised on a
diet which includes 80% high quality dry food recommended by the Buyer's Vet
and 20% wet food. It has been tested for over many years on toy dog
breeds and has been proven to produce healthy dogs with few health problems
such as dental diseases and obesity. Until your puppy is 12 months of age,
it must have a brand of dog food which states "Puppy Formula".
H.
SPAY AND
NEUTERING
Bitches which are purchased as family companions and therapy dogs should be
spayed or neutered when they are around 6 months of age.
I. SHOW QUALITY PUPPIES
The Breeder will use her best judgment and the advice of other
fanciers in evaluating the puppies as to show or pet quality. There is no
guarantee that a puppy evaluated as "Show Quality" will be successful in the
show ring as an adult and no warranties are made to that effect.
The
Buyer agrees that if said dog is shown and becomes a Champion, a picture
along with a copy of Championship certificate will be sent to the Breeder at
the above address. Breeder may publish this information stating that
Janet Smith
(Breeder) is the Breeder of the dog along with the Buyer stated as being the
owner.
J. RIGHT OF
RECOVERY/REPLACEMENT
If, for whatever reason, the Buyer can not or does not wish to maintain
custody of the dog (at anytime during it's lifetime) the Breeder is to be
notified immediately of such case. The dog is not to be sold or placed
anywhere without written consent from the Breeder. The Breeder will help
assist in any placements of said dog/puppy. The Breeder will always accept
the dog/puppy back at no cost to the Breeder. The breeder wishes to
make sure that this dog is well cared for and placed in a safe, secure and proper environment
for it’s whole lifespan.
K.
LIMITATIONS OF CONTRACT
This contract applies to the original puppy only and is non-transferable to
a second party. No replacement puppy will be given or discount given on a
future puppy if the male or female puppy has been bred, neutered or spayed
(unless sold on a spay/neuter contract). Anything else not stated or covered
in this contract may only be made with the seller/breeders written consent.
L. UNDERSTANDING THE TERMS
AND CONDITIONS OF THIS PURCHASING AGREEMENT
The
Buyer agrees that he/she has read and understands the terms and
conditions of this contract fully. This
contract is under the jurisdiction of the state of Queensland in the county
of Australia .
If the Buyer breaches any
of the terms and conditions of this Agreement, then this could be detrimental to the name and reputation of the
Breeder and the Breeder will be entitled to the
purchase price of the puppy including but not limited to lawyers fees, court
costs, any and all expenses acquired and the puppy back. The
Breeder also reserves the right to consider this agreement null and void at any time without notice whether or not the order
for the puppy has been confirmed verbally or in writing and the full and final payment is made
if the Breeder considers that the Buyer has breached any terms and
conditions of this Agreement. If a deposit or full payment is paid
for the purchase of a puppy and the Breeder considers the Buyer has breached
any terms and conditions of this agreement, the Breeder will notify the
Buyer and the full payment and/or deposit will be refunded. If the
Buyer abides by all the terms and conditions of this Agreement and a deposit
has been paid to the Breeder and the Buyer wishes to cancel this Agreement
prior to finalization of Agreement (other than in exceptional
circumstances), then the deposit is non-fundable. All
other states in Australia are asked to please accept this contract as
legally binding and enforceable.
*****************************
This contract is designed to protect the Maltese and its future offspring,
the Breeder and the Buyer of said Maltese. By signing, all parties agree to
all clauses of this contract.
BREEDER: ________________________DATE______________
Signature........................................................................................
Email: janet.clark@optusnet.com.au
BUYER:
_____________________________________________________________DATE:
________________
Name – please print:
__________________________________________________________________________
Signature................................................................................................
BUYER: (Co-owner)
____________________________________________________DATE:
__________________
Name – please print:__________________________________
Signature.....................................................................................................
ADDRESS: ____________________________________________________________________________________
CITY:____________________________STATE:_____________________________________________________ __
PHONE: _______________________________________________________________________________________
E-MAIL: _________________________________________________________________________________________
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Copyright @ 25/10/2006
Reproduction or display of any material in this site or owned by Mitzimist Maltese is prohibited without prior consent.