Contract / Health Guaruntee

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STATE OF ALABAMA
COUNTY OF DEKALB

SAND MOUNTAIN DANES, LLC

This Agreement, made and entered into this day of  ____ , 2024, by and between SAND MOUNTAIN DANES, LLC (hereinafter, “BREEDER”), and , (hereinafter, “PURCHASER”):

1. Contract Type (all parties initial one):

FULL REGISTRATION BREEDER’S CONTRACT _______ _______

or

LIMITED REGISTRATION CONTRACT _________

1. Price: That for the purchase price of ----------dollars and no cents ($), BREEDER does hereby , bargain sell, and convey to PURCHASER the following dog:

Sex:
Color:
Whelped Date:

AKC Sire:

AKC Dam:

1. Deposit/Payment of Purchase Price: PURCHASER agrees to pay a deposit in the amount of five hundred dollars and no cents ($500.00). Said deposit is due in full at the time of execution of this Agreement. Any remaining balance (final purchase price less the deposit) is due no later than eight (8) weeks after the birth of the dog. If BREEDER agrees to ship the dog to PURCHASER, said remaining balance is due no later than seven (7) weeks after the birth of the dog. Both the deposit and final purchase price are non-refundable.
2. Limited Registration Contracts ONLY: Dogs sold by and through a Limited Registration Contract (if so initialed above) are sold with a limited AKC Registration. Limited AKC Registration is defined as:
   1. The dog must be spayed or neutered between the ages of 18 and 24 months. Any spaying or neutering prior to 18 months voids said registration and BREEDER’s health guarantee;
   2. AKC documentation is provided to PURCHASER upon proof of timely spaying or neutering;
   3. PURCHASER may, at the option of PURCHASER, upgrade to full AKC registration upon payment of additional fee and prior to the dog reaching 15 months or having been spayed or neutered, whichever occurs first.
3. Warranties: BREEDER warrants to PURCHASER as follows:All dogs: BREEDER warrants that the dog will be delivered to PURCHASER in overall good health, with said good health being further warranted for 72 hours thereafter. BREEDER further warrants that the dog, until it reaches 24 months of age, will pass screenings required by the Orthopedic Foundation for Animals/Canine Health Information Center (i.e., hips, thyroid panel, cardiac testing, CERF exam).
   1. Limits on Warranty: Nothing in BREEDER’S warranty or warranties to PURCHASER shall be construed as guaranteeing or ensuring success in AKC competition.
   2. Exceptions to Warranty: BREEDER’S warranty or warranties to PURCHASER do not cover the following situations and/or defects:
      1. Nutrition-related disease, including, but not limited to, OCD, HOD, and Panosteitis;
      2. Demodetic mange;
      3. Cherry Eye;
      4. Allergies or allergy-related eye conditions;
      5. Coccidia;
      6. Giardia;
      7. Umbilical hernia;
      8. Bloat, also known as gastric torsion;
      9. Failure or refusal to spay or neuter the dog at 18 months of age (companion dogs only);
         1. BREEDER recommends withholding females from breeding until their second heat cycle or 18 months of age, whichever is later. Failure to comply with this recommendation may result in BREEDER’S warranty or warranties to PURCHASER being deemed void.
   3. Replacement: BREEDER agrees to replace the dog under the following terms and conditions:
      1. Euthanization – In the event that euthanization, in the opinion of a competent and duly-licensed veterinarian, is deemed to be in the best interest of the dog prior to the dog reaching 24 months of age, due to developmental or genetic disease not caused by any exception to BREEDER’S warranty or warranties, PURCHASER shall present to BREEDER a full necropsy report confirming same, along with any and all AKC documentation. BREEDER will thereafter replace the dog with one of the same or similar quality from BREEDER’S choice of the next available litter or, at BREEDER’S discretion, issue a refund of the purchase price.
      2. All veterinarian and shipping costs concerning the replacement process set forth in subparagraph 5(d) are the sole responsibility of PURCHASER.
4. PURCHASER Responsibilities: PURCHASER acknowledges and agrees that the following requirements are the sole responsibility of PURCHASER and are undertaken in consideration of all the covenants contained in this Agreement:
   1. The maintenance of a healthy, clean, and safe environment for the duration of the dog’s life;
   2. The procurement of adequate and competent medical care necessary to maintain the dog’s heath and quality of life, including, but not limited to, heartworm/parasite care and prevention, vaccinations, and routine checkups;
   3. Regular communication with BREEDER concerning the dog’s developmental progress, general health, etc.
   4. Registration with AKC within 30 days of receipt of the dog, unless otherwise mutually agreed and committed to writing by the parties.
5. BREEDER First Right of Refusal: PURCHASER shall not donate, sell, surrender, bargain, convey, transfer, or rehome the dog to any third party or parties without the express written consent of BREEDER. Should PURCHASER, for whatever reason and by whatever means, choose to dispose of the dog, BREEDER hereby retains first right of refusal to retake possession and/or ownership of the dog. PURCHASER shall execute the attached “Notice of Surrender” and deliver same to BREEDER by hand or certified mail. BREEDER shall, within 14 days of receipt, notify PURCHASER of BREEDER’S intentions. Upon surrender of the dog to BREEDER, PURCHASER shall simultaneously convey all AKC documents and veterinary records to BREEDER at PURCHASER’S sole expense.
6. Miscellaneous Provisions
   1. The person executing this Agreement on behalf of each party expressly warrants and represents that he or she is duly authorized to do so in a manner which is fully binding upon such party and its successors and assigns.
   2. This Agreement constitutes the entire agreement among the parties, and supersedes all oral and written agreements or understandings, if any, between the parties with respect to the subject matter hereto. This Agreement shall not be modified except by a writing duly executed by all parties.
   3. The parties agree that, in the event legal action shall be necessary to enforce any party’s compliance with the terms of this Agreement, or any obligation set forth herein, the courts of DeKalb County, Alabama are the proper venue and retain jurisdiction thereof. The non-compliant party shall be liable for attorneys’ fees and costs incurred by another party in any action required to enforce the Agreement.
   4. In the event any provision of this Agreement is deemed to be invalid or unenforceable by a court properly exercising jurisdiction over such matters, that provision shall be severed from the remainder of the Agreement. All remaining provisions of this Agreement shall then continue in full effect.
   5. By executing this Agreement, PURCHASER acknowledges receipt of a copy of this Agreement, information package (including care schedule), vaccination record, and Notice of Surrender.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their duly authorized representatives.