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Agreement/Guarantee
 
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Tarbeary Kennels
Brandy Deines
228 Stonewall Circle,
Concord, NC 28027
704-425-0659
www.tarbeary.com

****Puppy Purchase Agreement

Between: Brandy J. Deines
Tarbeary Kennels
(Breeder)

and:

Name:  __________________________________________

Address: _________________________________________

City, State, Zip: ___________________________________

Telephone: _______________________________________

Dated: __________________________________________
(The effective date of this agreement)

Agreement. Breeder agrees to sell Buyer and Buyer agrees to purchase from Breeder a ___________________ Newfoundland puppy. The puppy was whelped on ____________. The puppy’s sire is ______________________. The puppy’s dam is _________________________. The puppy’s AKC Litter Number is ______________ (not yet issued).

Deposit. Buyer agrees to pay a deposit of, $200.00 prior to whelp, the wait list deposit, and $___________ more, totaling half of the purchase price, after there is a puppy born for them. In consideration of Buyer’s deposit, Breeder agrees to hold a puppy of the sex, color, and quality requested by Buyer. Breeder shall apply the deposit to the purchase price of the puppy due when Buyer takes possession of the puppy or in the event of the puppy being shipped, due prior to shipping and must include shipping costs. Should Buyer fail to take possession of the puppy, Breeder shall retain the full amount of the deposit to compensate Breeder for holding the puppy off the market.

Waiting List Deposit. Wait List deposits are fully refundable. If Buyer requests the deposit back in writing regardless of reason, Breeder will return the deposit in full within 30 days of receipt of request. Once a pup of the sex, color, and quality requested has been born for Buyer the deposit is at that time no longer refundable and at that time may only be transferred to reserve a puppy from a future litter from Breeder.

Selection. The selection of a particular puppy by Buyer is to be done by the time the pups are 7 weeks of age and in the order requested by Breeder.

Purchase Price. The purchase price for the puppy is , $1500-2000.00, a reduction is given if Buyer is purchasing a “pet puppy” with limited AKC registration, which is payable in full when Buyer takes possession of the puppy, less the amount of any deposit previously paid, except in the event of a puppy being shipped, then payment in full is due before the puppy is shipped including the shipping cost of ___ N/A____, ($325.00 within the continental US when the puppy is shipped prior to 10 weeks of age).

Registration/Kennel Prefix. The parties agree that this puppy is being sold as a “pet puppy” OR as a “show potential puppy” . If being sold as pet it is intended to be a companion and not for the purpose of breeding or conformation showing. Buyer agrees to spay or neuter any “pet puppy” at such time that Buyer’s veterinarian recommends. Buyer shall provide Breeder with a copy of the veterinarian’s invoice indicating that the pet puppy has been altered within 10 days of the spay or neuter. Breeder will provide Buyer of a “pet puppy” with an original AKC Dog Limited Registration Application. If Buyer has purchased a “show potential puppy” Buyer will be given an original AKC Full Registration Application. Buyer is responsible for any expense in registering the puppy with the AKC. Breeder requires that Buyer use and Buyer agrees to use the “Tarbeary” kennel prefix when registering the puppy with the AKC. “Limited Registration” means that no offspring of the puppy is eligible for registration with the AKC and that the puppy cannot be shown in conformation events sponsored by the AKC. The Limited Registration allows the puppy to compete in obedience and all other events however.

Veterinarian Examination/Refund Policy. Buyer shall have the puppy examined by a licensed veterinarian within seven (7) days of taking possession of the puppy. If the veterinarian determines that the puppy is ill or suffers from a congenital or hereditary defect puppy may be returned to Breeder for a full refund of the purchase price, but in order for this to be considered the puppy must be accompanied a letter from a licensed veterinarian stating and fully explaining the illness or problem causing the return.

AKC Registration. It is after these first seven days or after payment clears that Breeder shall supply Buyer with AKC Registration papers. It is at this time the purchase is final.

Care of Puppy. Buyer agrees to responsibly care for the puppy; that is, provide proper food, water, shelter, exercise, grooming, veterinary care and inoculations throughout the puppy’s lifetime. Buyer agrees that the puppy shall not be: (1) used for animal experimentation (vivisection); (2) sold by or to a “wholesale” establishment, chain store, catalog house, pet store, “puppy mill”; or (3) offered as a prize in a raffle.

Notification. Buyer agrees to immediately notify Breeder if at any time during the dog’s life Buyer intends to sell, transfer, dispose of the dog in any way or take dog to any animal shelter or humane society (“pound”). And, if so, Buyer agrees to provide Breeder with the option of first right of refusal to acquire the dog, Buyer agrees to allow Breeder a reasonable time to locate and place the dog in a new home before transferring the dog in any manner. Breeder shall be entitled to all legal and equitable remedies available to Breeder under applicable law that is necessary to accomplish the purpose of returning the dog back to Breeder in the event possession of the dog has left that of Buyer named on this agreement without Breeder first being notified and given first right of refusal.

Health History.

            Food. Puppies are never fed “puppy food’ and Breeder does NOT recommend that any puppy ever be fed any such types of food. Puppies are started and maintained on a diet of Purina Natural Selects dry kibble. All puppies are free fed prior to leaving Tarbeary Kennels; food and water is available to them at all times. If Buyer chooses to change to another type of feeding plan, Breeder recommends that Buyer do so slowly by gradually adding more and more of the new food to the food that Breeder has been using. The puppy should be fed fed two (2) times per day until it is one (1) year of age or until it stops eating one or both of its meals very well. Breeder recommends feeding a high quality natural or holistic dry kibble supplemented by the BARF diet. Vaccines/Worming. Breeder vaccinates and worms the puppies accordingly beginning at two weeks of age for worming and seven weeks of age for vaccinations. Your puppy was seen and inoculated by a vet on the following date and was wormed as follows:
Vaccines
 __________ ____________________
__________ ____________________
__________ ____________________
__________ RABIES
Worming
Strongid ______________________ ( 1 cc per 10 lbs of body weight)

            Buyer should consult a licensed veterinarian concerning the puppy’s food plan and what type of vaccines and dewormers should be given to your puppy and when they should be given.

Titles and Degrees. Buyer agrees to promptly notify Breeder of any titles or degrees that the dog has achieved in any competition event.

Hereditary Faults. Buyer acknowledges that Breeder has taken reasonable precautions to prevent the puppy from acquiring hereditary faults such as hip or elbow dysplasia, eye problems (such as cataracts, entropian or ectropian eyelids), cystinuria, or SAS. However, due to the hereditary and environmental causes of such faults Breeder cannot guarantee or warrant that the puppy will not contract such diseases or ailments, BUT in the event the puppy is diagnosed by a licensed veterinarian with a congenital or hereditary problem within one year from the puppy’s birth AND such problem makes the puppy or dog UNABLE to function normally as a pet Then Breeder agrees to replace the puppy with a new one of the same sex and quality within one year’s time. In order for this to be considered the original puppy MUST, if requested by Breeder, be returned with its AKC registration signed back over to Breeder, to Tarbeary Kennels accompanied with a statement from a veterinarian stating that the puppy or dog is, at the time the letter is written and signed by the veterinarian, crippled or disabled from a hereditary or congenital defect and such defect noted. If such defect is hip or elbow related certified x-rays must be taken by a veterinarian and submitted to either OFA for preliminary evaluations, or OVC or PennHIP, AND an evaluation of Severe CHD must be diagnosed if OFA or OVC submitted in order for this guarantee to be satisfied by Breeder, or if PennHIP submitted a score putting the puppy in the 20% or less of its breed or a Severe DJD diagnosis must be found in order for Breeder to satisfy this guarantee. If the dog is bred or used for breeding before the guarantee has expired the guarantee is then considered null and void. If the puppy contracts hip dysplasia, an eye problem, SAS, or any other congenital or hereditary defect diagnosed by a licensed veterinarian, Buyer agrees to promptly notify Breeder as to help Breeder evaluate her own breeding program. However Buyer understands that only in the specific instances noted above shall Buyer be entitled to any compensation. Compensation being a replacement puppy, and Buyer understands for no reason other than that noted in the “Veterinary Examination/Refund Policy” of this agreement will Tarbeary Kennels refund a monetary payment to Buyer. Buyer also agrees that a copy of any health clearances or certifications acquired by the dog will also be promptly sent to Breeder.

Replacement Puppy. Replacement puppies carry no guarantee.

“Show Potential” Sold As Is. While Breeder has made every effort to breed for healthy and quality puppies that aspire to the level of the breed standard as set by AKC, Breeder makes no guarantee or warranties except that listed above in regards to hereditary faults, expressed or implied, that the puppy is of “show quality” and is only of possible “show potential”. A “show potential puppy” means a dog that has the characteristics to be able to compete in conformation events without disqualification. Except as expressly provided in this agreement, Buyer acknowledges that it has had an opportunity to inspect the puppy and is purchasing the puppy, though sold as a “show potential puppy”,“As Is” and the outcome of the puppy to be of “show quality” is not guaranteed by Breeder. Buyer also understands that Breeder in no way warrants or guarantees the dog's ability to earn American Kennel Club points, obtain OFA certification or produce offspring.

Bill of Sale. This agreement operates not only as a purchase agreement between two parties and documentation of the health guarantee as it applies to hereditary faults, but also as a Bill of Sale. Breeder warrants that it is the lawful owner of the puppy, that the puppy is free from all encumbrances, that Breeder has the right to sell the puppy and that Breeder will indemnify Buyer from all claims and actions concerning Breeder’s right to sell the puppy.

Governing Law. Constitution and interpretation of the terms of this agreement shall be governed by laws of the state of North Carolina.

Entire/Binding Agreement. This agreement constitutes the entire agreement of the parties. Buyer acknowledges and agrees that it has read the agreement and fully understands the terms and conditions of the agreement. Both parties acknowledge and agree that this is binding upon both parties.

Assignment. Neither party shall assign this agreement to a third party.

Breeder:                                                                                 Buyer: __________________________________ __________________________________
Brandy J. Deines

 

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