Date of Contract and Bill of Sale: _______________
The date Buyer’s nonrefundable deposit of $300 and signed contact is received, determines pick order of the litter. Deposit is refunded if the desired sex is not produced.
1. THE DOG
Buyer agrees to use “Di Montagna” as the last words in the dog’s registered name. (ie; Max Di Montagna) Registered name_______________________________
Dog’s call name: _______________________________
Breed: Italian Spinone
Sex: [ ] Male [ ] Female
Date of Birth:__________________________________
Plan on Neutered/Spayed [ ] Yes [ ] No
If buyer decides to breed said dog or bitch, buyer may use this same contract with his or her buyers. Any breeding done by the buyer must follow the health requirements listed in 7.2. Buyer understands that on breaking any portion of this contract, the Buyer could be liable for $30,000 in damages, in addition to any other relief that may be granted, to reasonable attorneys’ fees and disbursements as determined by a court of competent jurisdiction.
Registry AKC Registration Full [ ] Limited [ ]
Coat Color: ____________________________________
Dog’s Litter Reg. # ____________________________
With full ownership AKC registration Form will be provided if requested ________________________
AKC Registration # ___________________________
OFA # PENN HIP#____________________________
OFA # ________________________________________
2. THE SELLER (S)
Name: Lane Phillips
Kennel Name: Di Montagna
Street: 10915 S. Surrey Dr.
City: Spanish Fork State: UT Zip: 84660
PRICE: Two Thousand Dollars
Note: Money must be received prior to receiving/shipping of the puppy.
3. THE BUYER (S)
Kennel Name: _________________________________
City:______________ State: _______ Zip: ____________
Buyer warrants that the Buyer will be the
[ ] Sole owner of the Dog
[ ] _____ % Owner with ________________________
The Co-Owner must sign at the bottom of this contract.
4. CO-OWNERSHIP OF BUYER WITH SELLER
There [ ] will / [ ] will not be a Co-Ownership of the Dog with Buyer and Seller. The terms of the Co-Ownership agreement will be documented in Addendum A. If no Co-Ownership Addendum is attached there is no Co-Ownership agreement and the Dog will be registered in the Buyer’s name only.
Seller’s Initials: ____ Buyer’s Initials: ____
5. BREEDING OF THE DOG
Seller [ ] does / [ ] does not retain breeding rights. Breeding rights will be documented in Addendum B. If no Breeding Addendum is attached, the Seller does not retain any breeding rights, however this puppy shall not be breed to another breed to develop a “designer” breed. (ie Spinoodle) - Spinone X poodle or Spinone X retriever or any other X. An accidental pregnancy is not a breach of this contract. In order to distinguish between an accidental pregnancy and a planned breeding the buyer may not sell any of the pups for more than $200. To do so is a breach of this contract resulting in $30,000 USD payable on demand to the seller.
Seller’s Initials: _____ Buyer’s Initials: _____
6. CONFORMATION/HUNT TEST SHOWING OF THE DOG
It is the decision of the buyer to show/hunt test the Dog in conformation or competition. It is understood that Seller cannot enforce any showing requirements or impose limitations or extra expense on the Buyer.
7.1 Buyer should take the Dog to a licensed veterinarian for a thorough exam within seven days from the date of purchase. Otherwise, there no way to prove the puppy was ill at the time of sale.
7.2 We warrant our puppies to be free from any debilitating, life threatening, hereditary diseases or conditions for the first year of life. We do not knowingly breed dogs with a history of Cerebella Ataxia, Hip Dysplasia, Elbow or any other debilitating conditions or terminal illness. Hips and eyes on the sire and dam are OFA approved. We have done all that is humanly possible to breed dogs of good health.
7.3 The Seller warrants that he is the owner of the puppies and can transfer ownership to Buyer and a full refund will be given to the Buyer provided that the Dog is returned to the Seller within one year or purchase. Buyer must furnish a signed statement from two licensed Veterinarians of any medical problem.
7.4 Seller warrants that the Dog is purebred and the pedigree is correct. A copy of the dam and sire’s pedigree will be provided to the Buyer.
7.5 The Buyer understands that the Seller has limited information and control regarding the future, temperament, habits and appearance of the Dog, medical conditions that the dog develops, and hence does not warrant such.
8.0 TREATMENT OF THE DOG
8.1 Regardless of any provisions in this contract and its Addenda, this Dog is to be kept as a house pet only. Extensive time in kennels, garages, or tied up outside is not allowed. The dog is to be kept in Buyer’s living quarters.
8.2 The Dog is not be used as an attack dog, involved in fighting practices or a guard dog for people, animals, or property.
8.3 It is highly recommended that a professional trainer be consulted to train the Dog and the Buyer in the proper handling of the Dog.
8.4 The Dog is Micro Chipped # ______________
[ ] Avid [ ] Home Again
8.5 At the option of the Buyer Dog may be neutered or spayed. If buyer wishes to breed Dog, Buyer Must follow health requirements as stated in section 7.2
8.6 The Buyer shall provide the Dog with necessary veterinary care upon sickness, disease, or injury. Buyer shall take Dog to a Veterinarian at least once a year for annual health examination. It is the Buyer’s option to spend more than the value of the dog to treat an injury or illness. Otherwise medical care shall be provided. Vet referral: ____________________________________________
8.7 Buyer shall provide care in accordance with all current and future state, county, and municipal laws and ordinances where the Buyer resides or will reside.
8.8 If the Dog cannot be kept by the Buyer, the Buyer shall notify the Seller immediately! This Dog may never be sold or given away to any shelter company, research facility, or group. Dog may be re-homed with family member or other home agreed upon by Seller & Buyer. If ownership is transferred back to the Seller the purchase price is forfeited and the Dog’s registration certificate is signed back over to the Seller. Dog may not be used for breeding by any of the transferred parties without written agreement of the Seller. Any other transfer of this Dog without written permission of the Seller shall make the Buyer liable for $30,000 in damages, payable upon demand to the seller.
8.9 When purchasing said pup all charges relative to the shipping or delivery are to be assumed by the Buyer.
8.10 The Dog shall reside at the address in section 1 page one. Any changes in the Buyer’s address should be relayed to the Seller within 30 days. Current information will assist in a safe return, of Buyer’s lost or stolen dog.
8.11 Remember, for any reason you cannot keep your Spinone, Di Montagna will take Dog back, no questions asked.
Buyer Date: ______________________________
Seller Date: ______________________________
When buyer/owner signs and returns contract and deposit to breeder, it will become a binding contract on both parties, subject to the above terms and conditions. This agreement contains the entire agreement between the parties and may be amended only in writing signed by each of the parties. Buyer agrees and acknowledges that dog owner has the lien rights for payment of all said expenses and services. Buyer agrees that if any action or arbitration is brought to enforce or interpret the terms of this contract, the proper place of venue shall be Utah County, Utah. Buyer further agrees that should civil action be commenced between the parties of this contract, the prevailing party shall be entitled to $30,000.00, in addition to any other relief that may be granted, to reasonable attorneys’ fees and disbursements as determined by a court of competent jurisdiction. If any provision of this contract is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remaining provisions of this contract shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
When you are ready to buy a Di Montagna puppy many misunderstandings between a buyer and breeder can be avoided by having a written Contract and Bill of Sale that covers all the issues. Until now, many breeders have avoided using puppy contracts because they claim it is unenforceable. A puppy contract can be made enforceable if the parties consider all issues and agree to them in writing. With the help of many breeders and owners this draft Contract was created. This draft was then presented to an attorney for comment and improvement. The result is a solid, well thought out Contract that can be used by breeders and puppy buyers of all breeds. Please give proper time and thought to filling out the Contract so that there are no blanks where selections should have been made. Failing to complete information can lead to ambiguities and ambiguities can lead to the court looking outside of the Contract in order to interpret the intent of the parties. We believe the Contract, if properly completed, should be enforceable. The document need not be notarized to be valid. The Contract and can be rewritten prior to signing if you and I agree on adding or omitting a specific issue. This contact is not copyrighted and is provided as a free service to the dog community in the hope it will avoid misunderstandings between buyers and sellers of dogs.
Buyer Date: ______________________________
Seller Date: ______________________________