OSHOZEN AKITAS
SALES
CONTRACT
Companion Akita
THIS CONDITIONAL SALES CONTRACT is made this ____day of ___________. 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 PET/COMPANION 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, 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. AKC Registration papers for puppy while be provided
by Seller upon proof of spay or neuter or as soon as available from the AKC and will
be a limited registration.
This Akita shall reside with the BUYER who shall be responsible for all expenses
incurred in ownership. All advertising shall reference OshoZen Akitas and list
Stephanie Cottrell & Jorja Piper as Breeders. This Akita shall not be bred is
sold on a LIMITED
REGISTRATION and will be altered.
SELLER is not responsible for accidents or damage caused by this Akita after
possession of this Akita is released to the BUYER. The BUYER agrees the dog shall not
be re-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 innoculations & record and/or vaccinations (to include 1st DHPPC and Parvo
booster) prior to sale & worming.
3. Literature on the Akita Standard, grooming and supplemental advice as well as
supply of food the puppy has been eating.
4. Buyer Requirements statement.
5. 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.
6. 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.
7. This Akita will be free of hip dysplasia. An x-ray will be taken at the age
of 24 months and no later than 26 months by a practicing veterinarian with the
results (normal, dysplastic) 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 crippled by dysplasia, BUYER shall submit proof
of crippling 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.
Initials _________ _________
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, for a pet price of $__________ (normal coat)
$_________ (long coat) SELLER will replace this Akita with one of equal or better
quality as soon as one is available to SELLER.
3. 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. - If Buyer keeps original puppy and opts for a replacement puppy
the replacement will be 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 8 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 first 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. (ACA) "Code of Ethics" (see attached
copy), and to abide by the standards of sportsmanship as outlined by the American
Kennel Club (AKC) in all matters relevant to exhibiting this Akita or attending public
events with 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 are
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 ownership at no cost to the seller. If SELLER declines
and BUYER has made arrangements for a new owner, the BUYER must inform the SELLER of
the name and address & phone number of the new owner for an interview. BUYER also
understands and 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. 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 solely be used as a guard dog for any business
and will not be chained or attack-trained.
9. BUYER understands this Akita is not to be used as a breeding animal and agrees if
this Akita is used for breeding purposes, SELLER is released of any guarantees and
offspring will not be registered with the AKC.
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. Buyer understands
that given these tendencies it is recommended to train this Akita in basic
obedience in a public class or forum to
assist in further supporting a stable mental
foundation and reliable/acceptable
social behavior.
REFUND – Seller
agrees to refund $50 of the purchase price of this Akita upon
receipt of proof of completion of a public forum puppy basic obedience course.
Initials _________ __________
12. This contract - with regard to replacement or health guarantee - will become
null and void if said Akita has been used to produce (or attempted to produce) one
or more litters of puppies.
13. BUYER agrees to train or have this Akita obedience trained. BUYER also
agrees to have this Akita socialized among people and other animals. Proper
exercise and grooming is very important to overall appearance and health. BUYER
agrees to maintain the Akita in the best possible condition.
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/s of the State of Texas and _______________________ 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)
_____________________________________________________
_____________________________________________________
NAME(s): (print)
_____________________________________________________
_____________________________________________________
ADDRESS:
_____________________________________________________
_____________________________________________________
_____________________________________________________
PHONE: _____________________________________________
______________________________________________________
EMAIL: ______________________________________________