Site 8, Box 11, RR 1
Lacombe, AB T4L 2N1
(403) 782-6946
This agreement is between
Lynda Hand of Seda Havanese
(hereafter referred to as the Breeder)
AND
_____________________________
(hereafter referred to as the Buyer)
Seda Havanese agrees to the sale of a Havanese as follows:
Whelped
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CKC Litter No.
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Gender
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Color
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Markings
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Microchip #
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Sire:
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CKC No.
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Dam:
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CKC No.
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The above describe is sold under the
following term and conditions as agreed to by Breeder and Buyer.
1.
The Breeder has taken every reasonable effort
to produce a litter that conforms to the current CKC Havanese breed standard
and to ensure the physical soundness and temperament of the dog; including its
Sire and Dam themselves are free of hereditary defects as far as known; and due
diligence of health testing has been completed on both parents including, but
not limited to, BAER, Cerf, Hips, Patella’s and Elbows.
2. On the date of this contract there are no genetic health tests available
for the Havanese. Chondrodysplasia and liver shunts occur through an
unknown mode of inheritance of multiple recessive genes. Hip dysplasia has a
complex mode of inheritance and the expression of the disease is strongly
affected by the environment. To the best of our ability the dam/sire of
this litter have been tested and the pedigree history studied, prior to
breeding, to minimize genetic inheritance. The breeder will communicate
all future health knowledge about the dam/sire and littermates to the buyer to
assist in future health assessments of the dog. The buyer will ensure
that the breeder has current contact information to facilitate this
communication. ( _______)
3.
The Buyer agrees that he/she is not acting as
a broker or agent in the purchase of this dog and the Buyer warrants the dog
will remain in his/her sole custody. ( _______)
4.
The above dog is a purebred Havanese eligible
for registration with the Canadian Kennel Club (CKC). Included in the purchase
price, the Breeder agrees to complete final registration of the dog and will keep
the prefix ‘Seda’ in the registered name selected by the Breeder. Unless the
dog is sold on a show agreement, the dog will be registered in Buyers name’s on
a non-breeding agreement. For development and health reasons we ask that spay
or neuter is delayed until the pup is 12 – 18 months and the Veterinary
Certificate of Sterilization has been provided to the Breeder - refund will
follow.
5.
There
is no difference in price between potential “show” Havanese and a
"pet" dog. They come from the same parents, have the same
pedigree and have had the same care. The difference is in the purchaser's
obligations under this contract and to the dog, therefore it
is agreed that this puppy is being sold as a pet/companion and should NOT be
bred and no litters produced by the breeding of this animal. A $3000 penalty
will be paid to Breeder if said dog/bitch is bred and the potential show addendum
agreement* will be required by the Breeder if the dog is continued to be bred.
If the dog is to be purchased for show potential
or Breeding Rights an addendum agreement* will be attached.
6.
Upon acceptance of this contract by both
parties, a deposit of $___________ is required to ensure the dog be held for
the Buyer. The remaining $_________________ shall be paid immediately upon Buyer
taking possession and paid in the form of a ‘cashier’s check’ or money order
and payable to Breeder personally. The deposit will be refunded to the Buyer if
the Buyer terminates this contract within ten (10) days from Breeder’s receipt
of deposit. The deposit will also be
refunded on pet/companion agreement once Veterinary Certificate of
Sterilization has been provided. It will
not be refunded if the dog has been bred or presented at a registered dog show*
as a conformation prospect.
7.
The Breeder has made every effort to ensure
the puppy is in a normal and healthy condition prior to purchase. This puppy
has been vet checked by______________________________, ______________ AB (403) _____________________.
This puppy will come with an up to date health record including deworming,
immunization dates and any other health checks.
8.
The Buyer agrees to assume full
responsibility for the dog once it leaves the Breeders premises. At the Buyer’s
expense the Buyer is to have the above described Havanese checked by his/her
veterinarian. If a Veterinarian certifies
in writing that the dog is not in good health within one week of the dog
leaving the breeders home, the buyer has the right to return the dog to the
breeder after the Veterinarian examination with the written, signed explanation
and the Buyer will receive a full refund of the purchase price. Breeder’s
responsibility for communicable diseases is void if not reported within seven (7)
days of initial receipt of the dog. In
the event this dog dies, no refund will be given unless an autopsy is performed
and the cause of death is determined by the Buyer’s Veterinarian to have been
caused by a specific genetic defect in the dog and the Breeder has received a
written copy of the autopsy with the Veterinarian’s opinion as to the cause of
death. The refund that will be provided after an autopsy has been
performed will be the cost of the autopsy, including all Veterinary bills combined
total, up to the price of the
dog. The Breeder is not responsible for any health issues or loss of
life due to poor quality of foods or improper feeding, reactions caused by
vaccinations or flea and tick preparations administered either orally or skin
surface. The Breeder is also not responsible for any puppy death due to injuries
sustained, hypoglycaemia, dehydration or other illness that could have been
prevented by the Buyer.
9.
The Breeder guarantees against juvenile
cataracts or premature retinal detachment, however the specification of
‘genetic’ does not include old age or injury related cataracts. It is in the
best interest of the buyer to have the dogs eyes examined by a Veterinary
certified Ophthalmologist after the age of 24 months and provide to the Breeder
notification of health. The Breeder does guarantee clear eyes on both parents
at the time of breeding and will provide copies of current Canine Eye
Registration (CERF). If,
within five (5) years, a genetic
defect(s) is discovered and is detrimental to the dog’s health, and if the buyer
doesn't wish to return the pup, the vet expenses would be considered by the
Breeder up to the price of the pup. Cancer or other environmental or nutritional
related diseases are not guaranteed. ( ______)
10. Buyer
agrees to provide the dog with routine and regular veterinarian immunizations
and care.
Please do not allow Corona vaccine to
be administered to this pup, as it is unnecessary and possibly detrimental to
the pup’s health. If Leptospirosis is a problem in your area, give this vaccine
separately from other vaccines and at least 3 weeks apart from other vaccines.
If Leptospirosis is NOT a problem in your area, please do not allow your
puppy to receive this vaccine.
11. The
Buyer must provide the dog with a proper environment. That is to provide food
of sufficient quality and quantity as to keep the Havanese in optimum
condition, clean water, proper shelter and adequate exercise either in a fenced
yard or under constant supervision on leash. Under no circumstances is the dog
to be allowed to run unsupervised in a non-fenced yard. Any and all guarantees
or other commitments between Breeder and Buyer contained herein or otherwise
are null and void if the dog is found to be deprived
of proper nutrition, or worked or exercised prior to the time the growth plates
of the dog’s joints have closed, or if the dog is vaccinated in any way other
than as set forth above, specifically including vaccination for Leptospirosis,
or appears to be in an abused condition.
12. Should
the Buyer put any CKC title on the dog, such as obedience, rally obedience,
agility, etc the Breeder will award a $50 bonus for the accomplishment. The Buyer agrees to send Seda Havanese a copy of
each "win" photograph.
13. The Buyer may not
resell or otherwise transfer the above mentioned Havanese to a third party
without the permission of the Breeder. Nor may the Buyer place the mentioned
dog in a Humane Society, dog pound or shelter.
Instead,
if the Buyer is unable to care for the dog, they are to contact the Breeder who
will in turn buy back the dog for the original purchase price.
The Buyer has read and agrees to all of the terms and conditions
contained herein. NO VARIATIONS ARE ACCEPTED UNLESS IN WRITING AND AGREED UPON
AND SIGNED BY BOTH BREEDER AND BUYER. Failure to comply with the terms and
conditions herein entitles the Breeder to either (1) fine the Buyer $2000 or (2)
to repossess the dog and its CKC/AKC registrations from the Buyer, WITHOUT refund
AND at Buyer’s expense.
( _______)
Any court proceedings will be
at the Buyers expense and take place in Red Deer, Alberta, Canada.
Breeder
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Buyer
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Lynda Hand
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Name
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Site
8, Box 11 RR 1
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Address
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Lacombe,
AB T4L 2N1
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Town/city
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(403)
782-6946 (h) (403) 318-7901 (c)
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Phone no.
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lynda@sedahavanese.com
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Email address
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Signature
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SEDA
HAVANESE
Potential Show Addendum
The Breeder and Buyer
agree on all terms and conditions found in the initial purchase agreement with
exception to point 4 that becomes amended as indicated on the basic agreement
and initialled by both parties.
( _______) Breeder (_______) Buyer
In addition to the basic purchase agreement the
following terms and conditions will apply.
14. The described dog is believed to have show potential;
however the Breeder cannot realistically guarantee championship status. The
Buyer is solely responsible for any and all expenses accrued to obtain the
championship status unless the dog is co-owned with the Breeder in lieu of
breeding rights and separate agreement.
15. The Buyer recognizes and agrees that the
original deposit is included in the full purchase price of the potential show
Havanese and not returnable. If this agreement is for a dog, the Buyer also
agrees to give two free stud services to Breeder. If this agreement is for a
bitch, the Buyer also agrees to give Breeder rights to one ‘Pick of the Litter’
puppy from any litter produced with the Breeder excising this right only once
in the lifetime of the bitch.
16. Completion of this addendum agreement indicates that
the Buyer of a Potential Show dog agrees to show the dog, perform all necessary
health testing to obtain the dog’s “Chic” number and preserve the ability to
evaluate whether the dog, if breed potential and bred might produce a puppy
better than it’s parents. The purchaser of a potential show dog also agrees
that Buyer or anyone else will not breed this dog unless it has passed the
following health tests and they have been published by the Orthopaedic
Foundation for Animals (OFA): 1. OFA Patella; 2. Annual Cerf
beginning at one year of age; 3. OFA Baer (hearing test normally performed
before the dog leaves Breeders); 4. OFA Elbow and Hip x-rays.
· The
Breeder is not responsible for failed OFA if vet opinion indicates cause due to
lack of
exercise/muscle tone.
· Additional
tests or x-rays may be optional but not included as part of the agreement.
· The
Breeder reserves the right for a second Veterinarian opinion of their choice
and at the Breeder’s
expense.
17. In addition, the purchaser of a potential show dog agrees to show to
the national Kennel Club title or have the dog shown a minimum of twelve shows
so that Judge's might evaluate the dog and help purchasers ultimately decide if
the dog should be bred even if it passes all health tests AND to send Seda Havanese
a copy of each "win" photograph. If said dog/bitch does not receive any points within 12 shows, Buyer
may bring dog/bitch to Breeder for an evaluation on structure. If said
dog/bitch turns out to be pet quality, the Buyer must fix the said dog/bitch
and a replacement will be made at the next breeding at half price of the
current market show price. If the said dog/bitch was bred then no replacement
will be made.
18. A $3000 penalty will be paid to Breeder is
said dog/bitch is bred before 24 months of age. The Buyer will have OFA Patella’s
certified and a current CERF and hips OFA certified before any breeding take
place. Not doing these tests will null and void any replacement of the said
dog/bitch.
19. The Breeder is not responsible for replacing
a Havanese used to produce offspring.
20. Buyer agrees to ethical and conscientious
breeding practices and ONLY breed to purebred Havanese that do not have Chondrodysplasia
(CD) as verified through soaped pictures and health testing. If the Buyer breeds outside this condition,
the Breeder has the right to take possession of the Havanese in the agreement,
with no refund and all CKC and/or other registration papers signed back to the Breeder.
21. The Buyer agrees any advertising of this
dog/bitch must include the prefix ‘Seda’.
Agreement
of additional terms as signed on __________________ by __________________________ Breeder
Date
___________________________ Buyer
____________________________ Buyer
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SEDA
HAVANESE
Breeding Rights Addendum
The Breeder and Buyer agree
on all terms and conditions found in the initial purchase agreement with exception
to point 4 that becomes amended as indicated on the basic agreement and
initialled by both parties.
( __________) Breeder (__________) Buyer
The Buyer has agreed to
purchase a companion puppy from Seda Havanese recognizing the pup’s value to
the genetic gene pool necessary for the Breeder to continue the line, therefore
the following terms and conditions will apply:
22. The dog will be registered in both the Buyer and
Breeder names therefore forming a co-ownership. Once the terms of the agreement
have been met, the Breeder, at the Breeders expense, will sign the papers over
to the Buyer for sole ownership.
23. It is agreed that the dog will remain intact and in
long coat with no trimming other than the pads and anus area to ensure the qualification
to the show ring. When the pup reaches
the age of 6 months, it will be evaluated by the Breeder for show potential
with the Breeder reserving the right to re-evaluate the females at one year. Should the assessment(s) suggest the dog is
companion quality, the Breeder will sign over all papers and the dog/bitch will
be sterilized. However if the pup is of breed type and standard to qualify for
the show ring, and a verbal agreement will supersede if the Buyer or Breeder shows
the dog with the expenses paid by the responsible party. Expenses for the
Litter Rights shall be determined as follows:
Option A - Buyer retains Litter rights
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Option B - Breeder retains Litter rights
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If
the Buyer chooses retain the rights to the litter then:
·
Pay for all health tests, stud/lease fees, and whelping/litter
expenses
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The Buyer will work with the Breeder for a suitable mate
·
Have the option to whelp the bitch in their home understanding that
if there is a loss of life, the Breeder is not financially responsible to
reimburse
·
May or may not work with the Breeder to assist placing puppies in
appropriate homes
·
Agrees to give the Breeder
‘pick of the litter’ as determined when the pups reach 8 – 9 weeks of age
·
The Buyer may decide the future of the bitch in regards to future
breeding/litter rights.
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If
the Buyer chooses to forfeit the rights to the litter then:
·
The Breeder will pay for all health tests, stud/lease fees if
applicable, and whelping/litter expenses
·
The Breeder will choose the suitable mate
·
Whelp the bitch at the Breeders home. However should the Buyer and
Breeder agree, the litter may be moved to the home of the Buyer after 3 weeks
and the critical period is over. Breeder will replace the bitch if loss of
life occurs.
·
The Breeder will home all the puppies with the exception of giving
the Buyer one puppy as agreed upon by both parties
·
The Breeder will then forfeit any future Breeding Rights and/or
Litter Rights and sign over the papers giving the Buyer(s) sole ownership.
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24. The Buyer reserves the right
to wait until after the evaluation before committing to either Option.
25. Once all health tests have
been verified as passing, both parties shall work with each other for
acceptable dates.
26. Upon completion of this
agreement, the Buyer may choose to keep the dog intact for future breeding with
the knowledge that the Agreement for Potential Show Havanese shall signed and become
in full effect.
The Buyer has read and agrees to all
of the terms and conditions contained herein. NO VARIATIONS ARE ACCEPTED UNLESS
IN WRITING AND AGREED UPON AND SIGNED BY BOTH BREEDER AND BUYER. Failure to
comply with the terms and conditions herein entitles the Breeder to fine the
Buyer $4000 and may choose to repossess he dog and its CKC/AKC registrations
from the Buyer, WITHOUT refund AND at Buyer’s expense. Any court proceeding will be at BUYERS expense
take place in Red Deer, Alberta Canada.
Agreement
of additional terms as signed on __________________ by
_______________________________________
Breeder
Date
_______________________________________ Buyer(s)
Date of Evaluation ___________________2nd
Evaluation ___________
