WHEREAS Prairie Valley Rottweilers offers for sale a Rottweiler dog further described as:
Registration/Litter No: _________________+_
Quality Measure: ___________________________ (Show or Companion)
Sire: Rocky Zeus Von Evman
AKC Registration No: WS366502/01
Dam: CH Viola Zelda Von Evman
AKC Registration No: WS380453/08
And whereas _______________________________________________________(buyer)
_____________________________________________________________________________(address)___________________________(telephone number) desires to purchase the Rottweiler described above for the total sum of $______________ , $ 500.00 (down payment), balance of $__________ , which will be due by delivery.
For and in consideration of value received, receipt of which is acknowledged, Seller does hereby grant, sell, transfer and deliver to Buyer the animal described aforesaid under the following terms and conditions:
Breeder’s Rights and Duties:
1) Prairie Valley Rottweilers guarantees that the above described animal is a purebred Rottweiler, registerable with the American Kennel Club and that a registration application has/has not been given to the Buyer as of the date of purchase along with a true copy of the pedigree.
2) Prairie Valley Rottweilers guarantee the above mentioned animal to be in good health. The Buyer may return the animal to Prairie Valley Rottweiler within 48 hours from the time of purchase for any reason and obtain a full refund of the purchase price. The Buyer shall assume full responsibility for the health, anatomical makeup, appearance and temperament of the above described animal during said 48 hour period.
3) Prairie Valley Rottweilers also guarantees said animal against any viral infection for 10 days from the date of purchase provided said animal is isolated from all outside contact for the stated period.
4) In the event the following faults are present in a show prospect animal as determined by Prairie Valley Rottweilers and/or the Orthopedic Foundation for Animals, on or before two years of age, Prairie Valley Rottweilers agrees to refund to the Buyer 50% of the purchase price of the animal under the condition that the Buyer, at his or her option, furnishes proof of spay/neuter (veterinary certificate) of said animal to Prairie Valley Rottweilers.
Faults: Hip Dysplasia, Ectropion, Entropion, Monorchidism,
Cryptorchidism, Two or more missing teeth,
Undershot or Overshot bite.
5) In the event the puppy must be euthanized before the age of one year due to inherited Hip Dysplasia, Prairie Valley Rottweilers shall refund 100% of the purchase price or replace with another puppy.
6) Should it be necessary for the Buyer to sell or give away said animal, it is agreed that Prairie Valley Rottweilers will:
a) Have first right to aquire the animal, providing it is in good health, for the original purchase price,
b) Approve of the new buyer/owner, or,
c) Re-sell the animal for the buyer at best market value, less expenses.
The animal may not be re-sold or given away under any other conditions.
Buyer’s Rights and Duties:
1) Buyer agrees to take proper safeguards for the care and safety of the above mentioned animal including, but not limited to, a fenced yard, proper shelter, adequate feeding, veterinary care, and obedience training.
2) Buyer agrees that training shall NOT include any man-aggressive work such as Attack, Schutzhund sleeve work, or Guard Dog training. Schutzhund "A" training (obedience and tracking) is acceptable.
3) Buyer agrees that said animal will not, at any time, be used as a commercial guard dog or as a fighting dog.
4) Buyer agrees that the above mentioned animal will not be leased to any other party without the written permission of Prairie Valley Rottweilers.
5) Buyer agrees that said animal must be x-rayed, at the Buyer’s expense, if clinical symptoms (severe or persistent limping, pain in the joints, etc.) of Hip Dysplasia occur before the animal’s second birthday. Such x-rays will be submitted to the Orthopedic Foundation for Animals for evaluation. A copy of the report from OFA will be given to Prairie Valley Rottweilers.
6) If said animal is a show prospect, buyer shall submit a copy of hip and elbow x-rays, at buyer’s expense, to the Orthopedic Foundation for Animals (OFA) after said animal has attained the age of 24 months and before it reaches the age of 28 months. The x-rays will be taken in accordance with the procedures set down by OFA. A copy of the report will be given to Prairie Valley Rottweilers.
7) Buyer agrees that said animal will not be used for breeding:
a) Until the animal is certified clear of Hip Dysplasia and issued a number by the Orthopedic Foundation for Animals at the age of 24 months.
b) Until the animal is certified Cardiac-Normal by a certified cardiologist and issued a number by the Orthopedic Foundation for Animals.
c) If the animal is NOT certified Hips clear and Cardiac normal by OFA, item number 4 under Breeder’s Rights and Duties then applies.
d) If the animal has one or more faults as described in item number 4 under Breeder’s Rights and Duties.
8) Buyer agrees that upon the death of said animal, at any age, prompt notice, if practical, will be given to Prairie Valley Rottweilers so that the remains may be reclaimed, at Prairie Valley Rottweilers option and expense, for the purpose of autopsy and other such scientific purposes as may be deemed appropriate.
9) If said animal is show quality, Buyer agrees that the puppy shall be kept and shown in the best possible condition. Buyer further agrees to promptly notify Prairie Valley Rottweilers of each awarded honor won by the animal throughout its show career.
10) If said animal is pet quality, Buyer shall not receive full AKC registration certification unless Prairie Valley Rottweilers reevaluates the quality and gives written permission for breeding or until Buyer provides Prairie Valley Rottweilers with proof of spay/neuter (veterinary certificate).
1) Other than as set forth in Breeder’s Rights and Duties, Breeder shall be liable to Buyer only for her own negligence. If said animal is damaged, lost, stolen, or destroyed by any act outside of Prairie Valley Rottweilers control, including, but not limited to, Acts of God or third persons, inherent genetic problems, fights, or any other occurrence outside of Prairie Valley Rottweilers control, Breeder shall have no liability whatsoever to Buyer.
2) If Prairie Valley Rottweilers agrees to show said animal for Buyer, Prairie Valley Rottweilers shall be responsible for the care of said animal while it is in the possession of Prairie Valley Rottweilers, subject to the above limitations. Specific terms of compensation shall be negotiated and reduced to writing and the provisions of this Agreement shall be incorporated therein by reference.
In the event Buyer breaches any provision of this contract, Prairie Valley Rottweilers shall be entitled to exercise all rights available under law for the breach of contract, including suit for damages and repossession of said animal by Prairie Valley Rottweilers. It is particularly agreed that in the event Buyer breaches Paragraphs 1 thru 4 or 7 under Buyer’s Rights and Duties, or any portion thereof, Prairie Valley Rottweilers may immediately, and without notice, repossess said animal. The failure by Prairie Valley Rottweiler to exercise any rights hereunder at any time shall not operate as a waiver of those rights.
1) It is specifically agreed by the parties hereto that the Rottweiler bloodlines of said animal have value and that it is important to the preservation of the AKC certification that the bloodlines remain as pure as possible. Buyer further acknowledges Prairie Valley Rottweilers & ownership and propriety interest in said bloodlines and specifically authorizes Prairie Valley Rottweilers to take all necessary precautions, including repossession of the puppy to protect said bloodlines.
2) In the event litigation is commenced involving this Contract, the prevailing party shall be entitled to reimbursement of attorney fees and court costs. It is further agreed the venue shall be proper only in Hill County, Texas, pursuant to the laws of the state of Texas.
3) This Contract is the entire agreement of the parties. No other promises, warranties, representations or guarantees, whether oral or otherwise, except as set forth herein, shall have any effect whatsoever. This Contract may be modified only in writing, signed by both parties.
4) If any portion of this Contract shall be held to be unenforceable in statute, ordinance, or court decision existing now or as may be hereafter rendered, the offending provision shall be excised and the rest of this Contract shall be effective as written.
5) The parties, by their signatures below, agree and understand that this is a binding contract and that they have read, understood, and agree with each provision hereof.
WITNESS OUR SIGNATURES DATED THIS _______ DAY OF ________________,20____
AGENT FOR PRAIRIE VALLEY ROTTWEILERS