BILL OF SALE –
GUARANTEE - SALES CONTRACT
Southern Maryland Chesapeakes - Sandy
Walker
1285 Lottie Fowler Road, Prince
Frederick, MD 20678
443-975-2250 *
southernmd@chessiebreeder.com
This agreement is made this date:
by and between Sandra C. Walker - Southern Md Chesapeakes (here-in-after the Seller)
And the
Buyer:
____________________________________________________________________________
Address:
__________________________________________________________________________________
Email:
__________________________________________
Phone:
__________________________________________ Cell:
_________________________________
It is
agreed by and between Seller and Buyer as follows:
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DESCRIPTION OF PUPPY/DOG: The puppy/dog sold pursuant to the
terms of this agreement is as follows:
Breed:
AKC Litter
#:
Sex:
Color: Born:
Sire:
Dam:
Registered Name (if applicable):
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SELLER’S REPRESENTATIONS -
The following representations and conditions
apply to the sale of the aforementioned puppy/dog:
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Buyer agrees to pay to
seller the sum of $_________________ for aforementioned puppy/dog.
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Said puppy/dog is / is
not sold for the purpose of showing or breeding. (circle one)
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Buyer agrees to return
aforementioned puppy/dog to seller at any time if arrangement does not
work out. Buyer agrees said puppy/dog will never be sold, given away, or
transferred in any way to anyone without written consent of seller.
-
Buyer is completely
satisfied with and waives any and all claims regarding said
puppy’s/dog’s conformation to breed standard and outward appearance
(meaning the puppy/dog meets the breed standard).
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STIPULATIONS, ACKNOWLEDGMENTS AND AGREEMENTS
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The parties hereto agree
that Buyer will register said puppy/dog with the AKC on an AKC Full /
AKC Limited Registration. The AKC Registration form will be forwarded to
buyer upon receipt of it from the AKC/ prior owner(s).
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In the event the Buyer is
unable to keep said puppy/dog for any reason, Buyer agrees said
puppy/dog will never be sold, given away, or transferred in any
way except back to Seller. Buyer also agrees to immediately contact
Seller who will have the first option to accept the return of the
puppy/dog and/or the right of first refusal. Seller will assist, when
possible, in either helping to find a suitable home and/or in giving
sound advice for the well-being of the puppy/dog. Buyer agrees that any
transfer of this puppy/dog without written consent from Seller, Buyer
will be liable for $5000.00 punitive damages.
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Seller is not responsible
for injuries or problems due to feeding, type of feed used, being
overweight, training and/or lack of training, biting, children or
environment. Buyer acknowledges that Seller has advised that
socialization of a Chesapeake is a must and that Chesapeakes are very
protective by nature and have a heartier personality than, for example,
Labrador Retrievers. Chesapeakes need a firm hand with obedience and
correction if ever growling or nipping starts.
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Buyer agrees that the
dog/bitch from the Southern Md. Kennel will not be bred before having an
OFA and CERF Certification. Buyer agrees that the dog/bitch from the
Southern Md. Kennel whom is bred before acquiring the OFA and CERF
numbers will make the Buyer liable for $5000.00 in punitive damages.
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Buyer agrees that any
puppies produced from the Southern Md. Kennel dogs sold or re-sold by
Buyer to any pet shops, retailer, etc. will make Buyer liable for
$700.00 per puppy as liquidated damages.
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Seller will not knowingly
sell a dog which is in ill health or afflicted with a genetic or
congenital defect without full disclosure of such ailment to Buyer.
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Seller guarantees the
puppy/dog to be free from Bilateral hip dysplasia for a period of two
(2) years, PRA (progressive retinal atrophy) and inherited
(non-certifying cataracts) for the period of six (6) years. Buyer agrees
to notify & provide seller by certified mail with evidence of affection
within 10 days of the exam date.
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Buyer agrees that an AVCO
veterinarian must make any diagnosis concerning eye disorders. A copy of
the vet’s report must be sent to the seller by Certified Mail within 10
days of diagnosis. Seller has the right to request a second exam by
another vet. If the opinions disagree, the final diagnosis will be that
of Dr. Aguirre of the Cornell University. The Buyer agrees to pay for
all eye examination fees.
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Buyer agrees to provide
Seller with a copy of the OFA x-ray if requested by Seller.
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Seller has the right to
request a second x-ray and/or obtain a second opinion on the x-ray.
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On Questionable
Preliminary x-rays (6 months or older) the Buyer agrees to re-x-ray in 6
months before any replacement is made.
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All submissions to OFA
and all x-ray cost are paid by the Buyer. Seller is NOT responsible for
hips if the puppy/dog was in any accident or had a self inflicted
injury, stifle injuries, or kept in an overweight condition (determined
solely by the Seller at no expense to the seller).
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If Buyer wishes to keep
the affected puppy/dog then the Buyer agrees to have the puppy/dog
spayed/neutered or its AKC Registration papers signed and turned over to
Seller immediately. If the puppy/dog is spayed/neutered then Buyer
agrees to furnish Seller by certified mail a spay/neuter Certificate
within 30 days.
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Buyer agrees to pay all
shipping costs for a replacement puppy/dog.
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A refund of full original
purchase price in lieu of a replacement is at the Seller’s option only.
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Affected puppies/dogs
will be replaced with a puppy/dog of equal or greater value as soon as
it is possible.
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Buyer agrees that when
requested by Seller the affected puppy/dog must be returned to the
Seller before a replacement is given
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Buyer agrees to register
the puppy/dog with the "Southern Md." Prefix through the AKC
registry.
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Buyer agrees to supply
Seller a copy of the Death Certificate if applicable.
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This guarantee is not
transferable should the dog be sold or given away by the above owner.
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If Buyer acquires one of
the following titles on the dog/bitch, upon receipt of a copy of the
"Title Certificate", Seller will give to Buyer at NO charge another
puppy : AKC Master Hunter, AKC Champion, NAHRA Master Hunting
Retriever, or if the dog makes the AKC Derby List, or becomes Qualified
All-Age.
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MAINTENANCE
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Buyer agrees to maintain
this puppy/dog in good health, provide routine maintenance and
preventative health care including but not limited to nail trimming,
teeth brushing, inoculation, internal and external parasites and
heartworm preventative medication, prompt medical attention if puppy/dog
shows signs of illness or injury, proper shelter (with protection from
the winter and summer temperatures). The puppy/dog is required to be
licensed in the County of residence of Buyer.
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Buyer agrees to provide
proper exercise as indicated in order to maintain this puppy/dog in
proper weight and physical shape.
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Buyer agrees that this
puppy/dog is NOT to be LEFT UNSUPERVISED LOOSE OUTSIDE, IN A CRATE, TIED
OR CHAINED TO ANYTHING AT ANY TIME WHILE UNSUPERVISED. This puppy/dog is
sold with the understanding that it is to go to carefully selected
parties and that Buyer AVOWED the puppy/dog would become a member of the
family. (This is to assure proper development and maintenance of the
temperament for which Chesapeake Bay retrievers are known and for which
the puppy/dog was bred.)
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Buyer agrees to maintain
contact with Seller at reasonable periods of time to advise as to the
health and well-being of the puppy/dog. Buyer agrees, likewise, to
permit Seller access to the dog on a periodic basis to ascertain the
health and well-being of the puppy/dog and that the terms of this
contract are being complied with.
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Buyer agrees that Seller
has the right to REPOSSESS SAID PUPPY/DOG UPON EVIDENCE OF NEGLECT
AND/OR ABUSE, which neglect and/or abuse shall be determined solely by
Seller, at no expense to the Seller
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If the time comes that
said puppy/dog is repossessed Buyer agrees to IMMEDIATELY SIGN OVER TO
THE SELLER THE PUPPY’S/DOG’S AKC REGISTRATION PAPERS, at no expense to
Seller.
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GENERAL
a.) Buyer agrees that he/she understands all terms and conditions of this
contract fully
b.) This Contract shall be interpreted and enforced under and
pursuant to the laws of the State of MD.
c.)
If for any reason the parties hereto, or any party hereto, deems that
this Contract has been breached to their detriment, the parties hereto agree to
submit their differences for resolution to non-binding mediation prior to and as
a condition of exercising any right to filing a lawsuit and submitting any such
difference to any court of law. In that regard, the parties hereto acknowledge
and agree that jurisdiction and venue shall solely be proper within Calvert
County, Maryland.
d.) The terms and conditions set forth in this
Contract shall include the full and entire understanding between the parties
hereto. The parties agree there are no other terms, agreements or warranties
made or expressed except as may be set forth within this Agreement.
_____________________________________________________ Sandra C.
Walker Witness
Date: __________________
_____________________________________________________
Buyer’s Signature
_____________________________________________________ Buyers
Printed Name
Date: ___________________