Purchase Contract: Companion Puppy

This agreement is between, Karen Becker. Hereinafter referred to as "Seller".

and___________________________________. Hereinafter referred to as "Buyer".

It is agreed between Seller and Buyer as follows:

1. DESCRIPTION OF DOG

The dog sold pursuant to the terms of this agreement is as follows:

Breed: Greater Swiss Mountain Dog. Sex: ______________ Whelped: _______________

AKC REG.#: ______________________________ Microchip #: ________________________________

Registered name of puppy: _______________________________________________________________________

Sire:__________________________________________AKC Registration #:______________________________

Dam: _________________________________________AKC Registration #:______________________________

And is hereinafter referred to as "Puppy".

2. LIMITATIONS OF CONTRACT
A. This contract applies to the original puppy and original buyer only and is nontransferable to a second party.
B. Buyer is responsible for transportation costs to and from Cordillera Kennels.

3. SELLER'S REPRESENTATIONS
A. As of the date of this agreement, Puppy is in good health and free of communicable diseases.
B. Buyer has 72 hours in which to have Puppy examined by a veterinarian and to personally inspect Puppy. If the animal is found to be ill or in poor health within 72 hours of purchase, a report of the results is to be sent to Seller and the animal can be returned immediately at no expense to the Seller, for a refund of the purchase price, pending verification by the Seller’s veterinarian. Seller will not be responsible for illness or health problems, which are diagnosed after this time period except those conditions specified below.
C. At the time of sale, Puppy is considered to be COMPANION quality.

4. CONSIDERATION (check one)
A. ___a) Puppy, identified in Section 1, is being sold for the sum of $_______. To be paid in full on _____/_____/_____.
B. ___b) Puppy, identified in Section 1, is being sold for the sum of $_______. With $_______ paid on _____/_____/_____ as a partial or total-refundable deposit, the remainder of $_______. To be paid in full on _____/_____/_____.
C. If payment for Puppy has not been received by Seller by the agreed upon date, Seller will have the right to repossess Puppy and that Buyer will be liable for any costs involved in that repossession.

5. STIPULATIONS – COMPANION Purchase
A. Puppy has been graded to be COMPANION quality.
B. No faults of genetic origin are immediately apparent.
C. Buyer understands that Puppy has been sold with limited AKC registration.

6. HEALTH/TEMPERAMENT
A. Seller guarantees that Puppy is in good health and has received appropriate medical inoculations and care including parvo inoculations and worming. Seller will provide Buyer with a medical chart detailing treatment Puppy has received under Seller's care, and future care Seller feels is essential to Puppy's well being.
B. Seller strongly recommends that Buyer attend obedience classes with Puppy and provide proper socialization opportunities for Puppy.
C. Seller shall not be held responsible for acts of Puppy once it is in Buyer's possession.
D. Seller shall not be held responsible for the development of non-genetically derived disqualifying faults, diseases, or disorders.
E. Should Puppy exhibit aggressive behavior, which Buyer deems intolerable and irreversible within 12 months after purchase, Buyer will provide Seller with proof that Puppy has been sufficiently socialized and that obedience classes and other structured training methods have been attempted with no results. Upon receipt of such proof, evaluations of Puppy will be scheduled with three recognized canine breeders or trainers, one to be chosen by Buyer, one to be chosen by Seller, and one to be chosen jointly. Should Puppy be deemed irreversibly aggressive by two of the chosen breeders/trainers, Seller will arrange for euthanasia of Puppy and refund of 50% of purchase price (due to the fact that temperament is a combination of genetic and environmental factors). If Puppy has not received adequate socialization, Seller will accept Puppy back but there will be no refund.
F. Seller guarantees that Puppy will obtain the following health clearances. A passing OFA, (Fair, Good, or Excellent), or PENNHIP (DI Median or lower) hip rating. An OFA (Clear, or unilateral grade 1 with no symptoms), elbow rating, at the age of 2 years. Buyer agrees that the examination will be done by the age of 28 months and all X-rays will be submitted to OFA, or PennHipp for evaluation. Failure to do so voids all orthopedic guarantees. A copy of the hip / elbow / shoulder certifications must be forwarded to Seller.
G. Seller also guarantees that Puppy will obtain a passing rating from CERF. Buyer agrees that the CERF examination will be done by the age of 14 months and again by the age of 28 months. Failure to do so voids all ocular guarantees. A copy of the eye certification must be forwarded to Seller.
H. Should Puppy be diagnosed before the age of 30 months with any genetically derived medical disorder which is attested to by two unassociated veterinarians, and the genetic registry responsible for the disorder Seller will, upon provision of veterinary reports and, where applicable, the report of the genetic registry involved (OFA), (PENNHIP) or (CERF) provide Buyer with one of the following options.
I. Should Buyer keep Puppy: If Puppy becomes symptomatic and requires corrective surgery for a condition diagnosed before the age of 36 months, Seller will refund 25% of the cost of the procedure up to a maximum of 50% of the purchase price (subject to the prorated schedule below). Puppy must be spayed or neutered and spay / neuter certificate must be provided to Seller before refund will be made.
II. Should Buyer relinquish ownership of Puppy to Seller: Seller will refund up to 50% of the purchase price (subject to the prorated schedule below). Less any shipping or miscellaneous charges necessary for return transportation of Puppy to Seller. Any transfer back to Seller shall be accompanied with the appropriate AKC registration papers properly endorsed by Buyer.
III. Any refunds claimed under these provisions shall be subject to the following prorated schedule. This schedule is based on the age of Puppy at the time when either Section H-1 or Section H-2 may apply.

Age pf Puppy:                      Maximum refund available:
2 months to 35 months        50% of the purchase price
36 months to 47 months      40% of the purchase price
48 months to 59 months      30% of the purchase price
60 months to 71 months      20% of the purchase price
72 months to 83 months      10%of the purchase price
84 months and over             No refund available

IV. Seller shall undertake the lifelong obligation to accept Puppy back from buyer regardless of age or reason for return.
V. Refunds are cumulative. Regardless of the number of occasions wherein section H-1 or H-2 may apply. At no time will the total refunded exceed the total in the Schedule above
I. In the event that a bitch conceives a litter or a male sires a litter before the aforementioned favorable test results are returned, this guarantee becomes null and void.

7. MAINTENANCE
A. Buyer agrees to maintain Puppy in good health, provide routine preventative health care including, but not limited to the following: annual physical exams by a licensed veterinarian, annual vaccinations against DHLPP, annual fecal exams, continual heartworm prevention, and rabies vaccinations as mandated by Buyer's state and county of residence. Buyer acknowledges that failure to meet this requirement will invalidate Section 6-F, G, H. Seller strongly recommends a conservative vaccination protocol, specifically the Colorado State University 1701 Protocol. Seller has included a copy of the CSU 1701 Protocol. Seller has started Puppy with it’s first vaccinations in accordance with said protocol and recommends that Buyer have Seller complete said protocol by returning Puppy for It’s final shot at twelve weeks.
B. Buyer further agrees to provide proper exercise as indicated in order to maintain Puppy in proper weight and physical shape. A proper diet consisting of top-quality dog food shall be fed. Puppy shall not be allowed to become overweight. Buyer acknowledges that failure to meet this requirement will invalidate Section 6-F.
C. Puppy shall not be fed a “Raw Diet” without the written consent of Seller. If Seller allows a “Raw Diet” to be fed the provisions under Section 6-F shall not apply.
D. Puppy will not be free fed. Feeding will be meal based and Puppy shall be fed a minimum of twice a day.
E. Puppy will be supplemented daily with a minimum of 500mg Vitamin C in the form of Sodium ascorbate. Calicum ascorbate may be used after 24 months.
F. Puppy will be supplemented daily with Vertex until the age of 24 months.
G. Buyer agrees not to start strenuous physical training of Puppy until it has reached a minimum of 18 months of age. This is to prevent this training from damaging the Puppy during formative developmental stages. Buyer acknowledges that failure to meet this requirement will invalidate Section 6-F.
H. Buyer agrees to not train for or participate in Backpacking activities until Puppy has obtained health clearances as described in section 6-F. Buyer also agrees that at no time during its life will Puppy carry more than 20% of its body weight in a backpack. Buyer acknowledges that failure to meet this requirement will void all health guarantees and will be grounds for repossession of Puppy.
I. Buyer agrees that Puppy is not to be left in a backyard or kennel for any extended period and will be allowed to spend the majority of the time in the home with family members. Puppy is sold with the understanding that it was to go to carefully selected parties and the Buyer agrees that Puppy shall become a member of the family. (This is to assure proper development and maintenance of the temperament for which the animal was bred.) Buyer acknowledges that failure to meet this requirement will invalidate Section 6-E.
J. Safe vehicle transport. Buyer must not at any time transport Puppy in the open cargo area of a vehicle. (i.e. pick up truck box)
K. Puppy will not be allowed to run play or sleep on surfaces that do not provide adequate traction, (hardwood, tile, vinyl floors or any other similar surface). Buyer acknowledges that failure to meet this requirement will invalidate Section 6-F.
L. Puppy will not be allowed to jump off of any object more than one foot high until at least one year of age. Thereafter Buyer shall exercise due diligence in not allowing Puppy to jump from a height that could cause injury. Buyer acknowledges that failure to meet this requirement will invalidate Section 6-F
M. Puppy will not be allowed to run down stairs unabated. Buyer acknowledges that failure to meet this requirement will invalidate Section 6-F

8 . MISCELLANEOUS
A. During the life of Puppy, Buyer and Seller agree to notify each other, within 30 days, of any changes in address or phone numbers.
B. Buyer agrees to inform Cordillera Kennels of any titles or awards obtained by Puppy. Photocopies of all awards won by and critiques of Puppy along with the name(s) of the judge(s) and the Club sponsoring the show shall be forwarded to Seller. Buyer also agrees that Seller may use the photographs and any particulars of qualifying awards in any future advertising.
C. Buyer swears that he/she is not acting as an agent in the purchase of this animal, is not associated with a pet shop or animal broker, and that Puppy will remain solely in his / her custody.
D. If it is reported and confirmed that Puppy is being abused or neglected by Buyer, rights and ownership of Puppy will automatically terminate and revert back to Seller who may immediately assume possession.
E. If Buyer decides to sell or place the dog Buyer grants Seller Right of First Refusal to take possession of Puppy.
I. Such offer of Right of First Refusal will be given to Seller in writing, via certified mail. Seller shall have five (5) working days after receipt of written offer to exercise this option.
II. Any transfer back to Seller shall be accompanied with the appropriate AKC registration papers properly endorsed by Buyer.
III. In the even that emergency circumstances require immediate relocation of Puppy, it can be returned to Seller immediately, and Seller will thereafter handle the transfer as appropriate.
F. Buyer will not sell, give or otherwise transfer Puppy without first giving Seller Right of First Refusal (9-E). Under NO circumstances shall Puppy be taken to an animal shelter, humane society, or released to a Rescue group.
G. Should Buyer choose to break any of the covenants of this Agreement, the remainder of the Agreement will be considered null and void, Seller will have the right to repossess Puppy and that Buyer will be liable for any costs involved in that repossession.
H. Buyer agrees that Seller shall have the right to enforce provisions of this contract in a court of law or through alternative dispute mediation. If legal action by Seller is necessary to enforce any provision, Buyer will pay for costs and attorney fees incurred by Seller.

9. Special Provisions
A. Spay / Neuter requirement: Puppy shall NOT be bred! At Buyers expense Puppy shall be Spayed or Neutered. Males shall be neutered before the age of 18 months. Females shall be spayed before the age of 18 months. Seller recommends that females be allowed to complete one heat cycle before being spayed. Documentation of Spay / Neuter procedure shall be forwarded to Seller. Failure to Spay / Neuter Puppy shall void this contract.
B. Naming and Registration: Buyer shall register Puppy with the AKC at Buyer’s expense. Buyer shall choose a registered name for Puppy from a list provided by seller. Puppy’s AKC Registered Name shall contain the first word of Sellers kennel name, i.e. “Cordillera”. Seller shall also have Puppy microchiped at Buyer’s expense, and then Buyer shall register Puppy with the Companion Animal Recovery Program (microchip) chosen by Seller. Buyer shall provide the information necessary to be listed as the primary contact with said program. Seller shall be listed as the secondary contact with said program
C. Buyer agrees that, if any of the above terms are disregarded, Seller may repossess Puppy without refund.

10. ACCEPTANCE
By signature below, the Buyer(s) and the Seller affirm that they have read and understand this agreement and will abide by the articles of this agreement.

Seller: Karen Becker ADDRESS: P.O. Box 9. City: Pine ST: CO Zip: 80470

PHONE: 303-838-7173 FAX: 303-838-7173 (Call First) E-MAIL: ccgsmd@direcway.com

SIGNATURE: __________________________________________________________ Date: _____________________

Buyer: _________________________ ADDRESS: _________________________ City: _______________ ST: _____ Zip: __________

PHONE: _______________ FAX: _______________ E-MAIL: ______________________________

SIGNATURE: __________________________________________________________ Date: _____________________

Buyer: _________________________ ADDRESS: _________________________ City: _______________ ST: _____ Zip: __________

PHONE: _______________ FAX: _______________ E-MAIL: ______________________________

SIGNATURE: __________________________________________________________ Date: _____________________

Addendum:
This contract is herby amended by the following provisions that have been agreed to by both Seller and Buyer as attested by initial

Seller's Initial   __________   Buyer's Initial   __________

Seller's Initial   __________   Buyer's Initial   __________

Seller's Initial   __________   Buyer's Initial   __________