OSHOZEN AKITAS
SALES CONTRACT
Show Puppy
THIS CONDITIONAL SALES CONTRACT is made this __ , 2003 between
Stephanie
Cottrell, hereby known as SELLER, and _____________
_________________________________________________________,
hereby known as BUYER.
THE SELLER agrees to sell and hereby does sell and deliver to the BUYER an Akita
of _____________ sex, whelped ____________________. Said Akita is sired by ________ _______________________________and out of _____________________________________ and
is of sound mind and body and is in good health and free from communicable diseases as
far as appears to the eye. Said Akita is described as:________________________________ _____________________________________________________________________________________
_____________________________________________________________________________________
THE CONSIDERATION for this sale is the sum of $ _______ as the purchase price and
the conditions to be performed by the BUYER as set forth and the information furnished
by the BUYER as set forth,. Which information is given by the BUYER as true and correct,
and made by him expressly for the purpose of influencing, the SELLER to execute this
contract and by which information the SELLER has been induced to make this contract.
SELLER will provide any necessary health certificates for shipping. The BUYER is
responsible for any shipping charges incurred.
THIS AKITA is sold as a SHOW/BREEDING quality dog with all conditions and guarantees
associated with it. THE TITLE OF OWNERSHIP and the right of registration in any dog
sold under this agreement remain in the SELLER or his/her assigns until full payment
has been made by the BUYER and obligations fulfilled. Pedigree papers, signed
registration application, and puppy will be delivered by the SELLER to the BUYER and
in BUYER’s name when all payments have been made and obligations fulfilled.
This Akita shall reside with the BUYER who shall be responsible for all expenses
incurred in ownership, exhibition, and breeding. All advertising shall reference
OshoZen Akitas and list Stephanie Cottrell as Breeder. This Akita shall not be bred
prior to completion of Championship (plus the following stated conditions) without
the express written consent of SELLER.
SELLER reserves the Right Of Approval on any selected mate for this Akita. No
AKC litter registration will be signed for unauthorized breedings. Seller reserves
stud rights (if male) to this Akita for any female owned by Seller. SELLER is not
responsible for accidents or damage caused by this Akita after possession of this
Akita is released to the BUYER.
Co-ownership (if applicable) may terminate upon the completion of the stated conditions
and provided said Akita has achieved its championship or has been trained and shown in
good weight, coat, and condition. Upon fulfillment of all requirements, SELLER shall immediately sign over full ownership of this Akita to BUYER. The BUYER agrees that the
dog shall not be sold, or assigned, or mortgaged, or (where applicable) removed out of
the state of __________ without the written consent of the SELLER.
SELLER'S CONDITIONS, GUARANTEES AND AGREEMENTS - the SELLER agrees to provide
and guarantee the following conditions pertaining to said Akita:
1. A correct 4 (four) generation pedigree of said Akita.
2. Proper inoculations and/or vaccinations (to include 1st DHPPC and Parvo
booster if sold after 8 wks of age) prior to sale.
3. That said Akita will be healthy at the time of sale and upon arrival to the
BUYER. This is to be determined by a practicing veterinarian within 72 hours of
arrival to the BUYER. After 72 hours, the SELLER withdraws any further
responsibility regarding general health of the Akita.
Initials ________ _________
4. If by the age of 2 (two) years, said Akita manifests any hereditary
disqualifying faults as set forth by the AKC in the Standard for the Akita, and
these faults are not the result of external causes (accidents, injury, illness,
mistreatment, etc.), the BUYER shall be entitled to a replacement as set forth
in this contract. The faults are set out as follows:
drop or broken ears
uncurled or sickle tail
noticeably undershot or overshot bite
butterfly nose
undersize (under 23 " for bitches, under 25 " for dogs at withers)
Additional guarantees include an unacceptable length of coat and undescended
testicles in a male. Also, this Akita will be free of PRA (Progressive Retinal
Atrophy) and hereditary problems, excluding thyroid problems and flea allergies.
The SELLER reserves the right to have her own veterinarian examine this Akita
should a problem arise.
5. This Akita will be free of hip dysplasia. An x-ray will be taken at the age
of 24 months and no later than 27 months by a practicing veterinarian with the
results to be sent to the SELLER. The SELLER reserves the right to have her own
veterinarian examine the x-ray plates or to have the x-ray redone. If said Akita
is found to be dysplastic, BUYER shall submit proof of dysplasia by a signed
statement from the veterinarian to the SELLER within 15 days of receiving this
information. BUYER then has the option of replacement as set forth in this contract.
REPLACEMENT - should said Akita not meet the conditions guaranteed in the above
Sections - OPTIONS:
1. BUYER will return the dog to SELLER (BUYER is responsible for shipping costs)
and SELLER will replace the dog with one of equal or better quality as soon as
one is available to SELLER.
2. If BUYER prefers to keep this Akita, BUYER must furnish SELLER proof of
neutering, and for a pet price of __$_______ SELLER will replace this Akita
with one of equal or better quality as soon as one is available to SELLER.
3. If BUYER is able to place this Akita, after spay/neutering, in a good home
(approved by SELLER),without charging the new owner more than the cost of
spaying/neutering, and provides proof of all of this and the new owner's name,
address, and telephone number to SELLER, SELLER may, at her discretion, waive
the pet price fee, and SELLER will replace the Akita with one of equal or better
quality. In all cases: replacement shall be provided and chosen by SELLER from one
of the SELLER’s first two available litters, or may be an older dog if one is
available and BUYER is willing to accept it. The replacement puppy will be of the
same sex as the original puppy, unless there is not one available and BUYER is
willing to accept a puppy of the opposite sex. The replacement puppy will be under
the same contract as the original puppy, with an addendum to be issued and signed
by all for the identity of the new puppy.
Initials ______ __________
BUYER'S CONDITIONS, GUARANTEES AND AGREEMENTS - the BUYER agrees to provide and
guarantee the following conditions pertaining to said Akita:
1. The BUYER binds him/herself to take good and reasonable care of said Akita.
BUYER agrees to provide complete veterinary care by a licensed Veterinarian.
BUYER agrees to follow feeding, supplementation and inoculation program advised
by SELLER and/or agrees to follow the program recommended by their Veterinarian.
SELLER is to be provided with Veterinarian's recommendations with proof of
documentation.
2. The BUYER agrees to control the Akita on lead when off the premises and to
house and control the Akita properly on premises to avoid loss by theft, running
away, or other. BUYER agrees to keep Akita as a house dog, in a properly fenced
yard, or in a kennel run with proper housing. Proper fencing would be a minimum
height of 5 feet. Proper construction of a kennel run would be at least 6 feet
high and with minimum dimensions of 6 feet wide and 18 feet long, with
provisions for shade from the sun and a dog house. AT NO TIME WILL THE AKITA BE
CHAINED THIS AKITA SHALL NOT BE PERMITTED TO RUN LOOSE OFF LEAD OUTSIDE SUCH A
SECURELY FENCED YARD OR RUN.
3. BUYER will not raise Akita solely on tile floors or floors of equivalent,
recognizing that proper footing is very important to skeletal development. BUYER
is advised regarding skeletal development and the importance of caution to be
used with the Akita up to two (2) years of age. Horseplay, jumping off high
places and rough playing with older dogs should be avoided during this critical
time of skeletal development.
4. BUYER shall use
the kennel name OshoZen as part of the registered name of
said Akita.
5. BUYER agrees, in all matters pertaining to this Akita; to abide ethically to
the standards of The Akita Club of America, Inc. "Code of Ethics" (see attached
copy), and to abide by the standards of sportsmanship as outlined by the
American Kennel Club in all matters relevant to exhibiting this Akita. Violation
of the AKC Code of Conduct , suspension by the AKC, or indictment for charges of
negligence or cruelty by any civil animal authority may be grounds for the SELLER
to repossess this Akita.
6. BUYER is required to notify SELLER of any change of address or phone number
within seven (7) days of the change.
7. If BUYER ever considers changing title of ownership of this Akita, the SELLER
shall be given first right of refusal . If SELLER declines and BUYER has made
arrangements for a new owner, the BUYER must inform the SELLER of the name and
address of the new owner. BUYER also agrees to bind any future owner to the
terms of this contract. In all cases of return, the BUYER is liable for shipping
costs.
8. No progeny of this Akita shall be sold, given or transferred in any manner to
pet shops, in litter lots, or to persons contemplating breeding for sale to
commercial distributors of dogs or guard dog businesses. Furthermore, BUYER
swears he is not acting as an agent in the purchase of this Akita and that he
will not sell this Akita to any agent, pet store or guard dog business. BUYER
also agrees this animal will not be used as a guard dog for any business and
will not be chained or attack-trained.
9. BUYER agrees if this Akita is used for breeding purposes prior to proper
health clearances and receipt of championship, SELLER is released
of any guarantees.
10. If any of the stated conditions of this contract are not met by the BUYER
the SELLER’s responsibilities and guarantees at such time are automatically
voided. Furthermore, the SELLER reserves the right to reclaim said Akita and no
refund is due to BUYER.
Initials _________ __________
11. BUYER
understands this Akita will become a large and powerful dog. Because
of this potential
size and strength, BUYER understands he/she should always be
careful with this
dog around strangers and especially around children. BUYER
understands he/she
must teach young children in the home not to tease this Akita
(take food, toys,
bones, etc. from the Akita, play punch/hit in a threatening
manner). If young
children are present, the children and the Akita should ALWAYS
have adult
supervision. BUYER understands that an Akita, by nature, will protect
his owners, his
property, his children and himself from any and all that the
Akita perceives to
be dangerous.
12. This contract will become null and void if said Akita has been used to
produce (or attempted to produce) one or more litters of puppies before the age
of 24 months without written approval from SELLER.
13. BUYER agrees that said Akita shall not be bred before the age of 24 months
without the written consent of the SELLER. Further, that said Akita will only be
bred if hip x-rays are declared "Excellent," "Good," or "Fair" by the OFA
(Orthopedic Foundation for Animals), and a CERF of normal from the Canine Eye
Registry Foundation. This Akita will only be bred to a dog whose hips and eyes
meet the previously stated conditions.
14. BUYER agrees to train or have this Akita trained for the show ring. BUYER
also agrees to have this Akita socialized among people and other animals. BUYER
is to realize showing the animal out of coat or in poor condition is to their
disadvantage. Proper exercise and grooming is very important to overall
appearance and a must in the show ring. BUYER agrees to show the Akita in the
best possible condition. BUYER is to show this Akita or make other arrangements
for a professional handler or the BREEDER/SELLER to show the Akita for them.
BUYER agrees to take BREEDER/SELLER’s advice as to when this Akita is ready for
the show ring. BUYER agrees to show said Akita a minimum of ten (10) times past
the age of 24 months. If said Akita was well presented, in good coat, weight and
condition and failed to take any championship points the SELLER agrees to show
the dog herself (or hire a handler if unable to attend the show) for ten (10)
shows, with shipping costs to and from SELLER, entry fees, and boarding fees (if
not with the BREEDER/SELLER) being the responsibility of the BUYER. If at the
end of this time, the Akita still has failed to win any championship points, the
BUYER may opt to replace the dog as previously stated in this contract. If the
Akita acquires points during this time, the Akita will be considered show
quality and can be finished as a Champion.
CONTRACT AMENDMENT - any changes or additional terms to this Sales Contract must
be made in the form of an Addendum and signed by all Parties.
SEVERABILITY - if any provision of this Sales Contract is or becomes void or
unenforceable by force or operation of law, the other provisions shall remain
valid and enforceable.
INTEGRATION CLAUSE - the entire Sales Contract between the parties is contained
herein.
LAW TO APPLY - both Parties agree that the law of the State of Texas shall apply
to this Sales Contract and that this Sales Contract shall be enforceable in
Bexar County, Texas.
Initials _________ _________
THE UNDERSIGNED have read and understood this Sales Contract and agree to the
terms and conditions set forth herein.
BREEDER/SELLER:
____________________________________________________
Stephanie K. Cottrell
149 Lost Forest Drive
San Antonio, TX 78233-2724
(210) 654-6102
oshozenakitas@sbcglobal.net
BUYER (s):
(Signature) _________________________________________
_____________________________________________________
(Print)
Name: _______________________________________________
Address: _____________________________________________
______________________________________________________
______________________________________________________
Phone: _______________________________________________
Email: _______________________________________________
ADDENDUM
Breeder/Seller
agrees to reimburse Buyer $50 upon completion of basic obedience
course and
conformation course to prepare puppy for the show ring and provide
socialization
skills.
Signed:
Breeder/Seller –
Stephanie Cottrell – OshoZen Akitas
Buyer:
___________________________________