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Cani Montagna Puppy Purchase Contract (pdf)

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Di Montagna Spinone Contract and Bill of Sale

Date of Contract: __________________________

$300 is to be sent with contract as nonrefundable deposit. Refund is given if no pups of desired sex are available.

1. THE DOG

Buyer agrees to use Di Montagna as the last words in the registered name.

Registered Name: ________________________ Di Montagna (ie Max Di Montagna)

Dog’s call name: ________________________ __

Breed: Italian Spinone

Sex: [  ] Male [  ] Female

Date of Birth:______________________________

Registry AKC Registration Full [  ] Limited [  ]

Coat Color: ________________________ _______

Dog’s Litter Reg. # ________________________   

Registration AKC Application Form:  _______  

SIRE:____________ _________________________ 

AKC Registration #________________________  

OFA # PENN HIP#_________________________    CERF_____________________________________

CA# _____________________________________ 

DAM: ________________________ ____________

Registration # ____________________________   

OFA #  ___________________________________

CERF #   __________________________ _______

CA# ______________________________________

2. THE SELLER (S)

Name: Lane Phillips_______

Kennel Name:  Di Montagna  

Street: 10915 S. Surrey Dr. 

City:  Spanish Fork  State: UT Zip: 84660 

Telephone: 801-873-3282  

Email: lane@lanephillips.com  

Price: One Thousand Eight Hundred Dollars

Note: Money must be received prior to receiving/shipping of the puppy.

3. THE BUYER (S)

Name:  ___________________________________   

Kennel Name:  ____________________________  

Street:  ___________________________________   

City:  _____________________________________  

State:  ____________________________________  

Zip:  _____________________________________  

Telephone:  ______________________________  

Email:  ___________________________________  

3.1. 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. Co-Owner must sign at the bottom of this contract. 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: ___

4. BREEDING OF THE DOG

Buyer has all breeding rights of their dog. 

5. CONFORMATION/HUNT TEST SHOWING OF THE DOG

Buyer’s decision 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.

6. WARRANTIES

6.1 Buyer should take the Dog to a licensed veterinarian for a thorough exam within seven is days from the date of purchase. Otherwise, there no way to prove the puppy was ill prior to or at the time of sale.

6.2 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. If the puppy is ill and or dies, the seller has the option of returning the buyer’s money or replacing the pup with one from the next litter. We have done all that is humanly possible to breed dogs of good health.

6.3 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 with in one year or purchase. Buyer must furnish a signed statement from two licensed Veterinarians of any medical problem.

6.4 Seller warrants that the Dog is purebred and the pedigree is correct. Pedigree will be provided.

6.5 Seller has no control regarding the future, temperament, habits, appearance and any medical conditions that the dog develops after it leaves the seller and hence does not warrant such. The most the seller may assist in medical costs is the amount the buyer paid for the dog. 

7.0 TREATMENT OF THE DOG

7.1 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.

7.2 The Dog will not be used as an attack dog, involved in fighting practices or a guard dog for people, animals, or property.

7.3 It is highly recommended that a professional trainer be consulted to train the Dog and the Buyer in the proper handling of the Dog.

7.4 The Dog is Micro Chipped # ___________

[  ] Avid [  ] Home Again     

7.5 The Buyer has the option of having their dog neutered or spayed. 

7.6 The Buyer shall provide the Dog with necessary veterinary care upon sickness, disease, or injury. Buyer should take Dog to a Veterinarian at least once a year for annual health examination. 

7.7 Buyer shall provide the animal with humane care and maintain it in accordance with all current and future state, county, and municipal laws and ordinances where the Buyer resides or will reside.

7.8 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.

7.9 When purchasing said pup all charges relative to the shipping or delivery are to be assumed by the Buyer. 

7.10 The Dog shall reside at the address in section 1 page one. Changes in the Buyer’s address should be relayed to the Seller. If the dog becomes lost or stolen and after reasonable attempts to contact Buyer have failed, Seller retains the option of paying to have the abandoned or lost dog shipped back to him and Buyer forfeits ownership. 

7.11 Remember, for any reason you cannot keep your Spinone, Di Montagna will take Dog back, no questions asked.

SIGNATURES:

Buyer:  ___________________________________   

Buyer Date:  ______________________________  

Seller:  ___________________________________  

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.

  

SIGNATURES:

Buyer:  ___________________________________  

Buyer Date:  ______________________________  

Seller:  ___________________________________  

Seller Date:  ______________________________