Blue Rose Contract
I, ___________________________________ , breeder/owner of the said puppy (described below), hereafter referred to as "Seller," do enter into an agreement with
____________________________________, hereafter referred to as "Buyer" for the purpose of transferring ownership of said Cavalier. The said Cavalier is (list color, gender, & call name) ________________________________ purebred Cavalier King Charles Spaniel.
This puppy is / is not being placed on a spay/neuter agreement. (An additional agreement is required in writing for full registration privileges.)
The AKC registration number and the registration PIN number are provided for on-line AKC Cavalier registration. If problems are encountered registering the Cavalier on line, please contact AKC's customer service.
72 HOUR HEALTH GUARANTEE
1. The Seller guarantees the said puppy is in good health at the time of this agreement as well as at the time the puppy leaves Seller's possession, to the best of Seller's knowledge.
2a. Buyer agrees to have the Cavalier examined by a reputable veterinarian within 72 HOURS from the time of acquisition. (Please have a veterinary appointment set prior to bringing your new puppy home.) If this veterinarian establishes a life threatening, non-treatable condition with the Cavalier upon initial examination, (Hypoglycemia, internal/external parasites and "kennel cough" excluded.) Seller will be notified immediately by phone/voice mail of the veterinarian’s determination.
(This is because, since we are being held responsible, it needs to be our decisions and our choices that we are responsible for. This puts all of the responsibility and expense on us.) Seller will give Buyer full credit toward another Cavalier as soon as the Cavalier purchased is returned to Seller along with any AKC paper work/information that may have accompanied the Cavalier and full medical records from Buyer's vet. (See paragraph #12 for return procedures.)
2b. Buyer has 48 hours to return the Cavalier to Seller for a purchase price credit voucher. (Note: If the Cavalier is ill, it's imperative that he/she is returned to us ASAP for proper health care. This is because, since we are being held responsible, it needs to be our decisions and our choices that we are responsible for. This puts all of the responsibility and expense on us.) Buyer understands Seller will not be responsible for shipping costs, nor for veterinarian fees on a Cavalier that is no longer in Seller's possession. The credit option is not available if the reason for returning the original Cavalier is due to any kind of accident or trauma, including the Cavalier injuring his/her knees or legs by jumping off furniture or stairs, or in the event of hypoglycemia, abuse, or neglect in any form, whether or not it was intentional.
2c. Seller reserves the right to require a second opinion from a vet of Seller's choosing before a credit voucher will be provided.
ONE YEAR HEALTH GUARANTY
3a. If within one (1) year from the date of birth, a Cavalier is found and certified by a licensed veterinary specialist to have a life threatening hereditary disorder, and if Seller is notified within two (2) business days of the veterinarian's determination, Seller will issue a credit for the full purchase price toward another Cavalier. (See paragraph #13 for return procedures.) All health records, diagnostic tests, and their results must be provided to Seller in order to qualify for full credit. However, Buyer understands Seller will not be responsible for veterinarian fees or shipping costs. Seller reserves the right to require a second opinion from a vet of Seller's choosing before a credit voucher will be provided.
3b. Buyer understands the credit option is only valid when the disorder is verifiably attributed to only heredity. Credit is not an option when parasites, contagious diseases, or other illnesses have had any influence on the puppy's health, nor any kind of accidental trauma, including the puppy injuring his/her knees or legs by jumping off furniture or stairs, nor any kind of neglect. Seller cannot be responsible for health problems caused or complicated by diet deficiencies/hypoglycemia, accidents, medications, vaccinations, chemical heart worm pesticides, chemical wormers, and/or any external parasite treatments. Ask us about safe alternatives.
FIVE YEAR MVD & SM WARRANTY
4. In the event of the death of the Cavalier within five (5) years from its birth due to MVD or SM, Seller shall credit Buyer in full toward another Cavalier. (See paragraph #13 for return procedures.) Buyer must have an autopsy performed by a licensed pathologist within 24 hours of death to determine the exact cause of death. A certified copy of the death certificate, as well as all medical records, must be sent to Seller. If an illness, an accident, nutritional deficiencies, over-vaccination, toxicity, trauma, or neglect is found to play a role in the demise of the Cavalier in any manner or fashion, no compensation will be forthcoming. Additionally, Buyer agrees to hold Seller harmless for such.
5. If you live in an apartment complex, or any other residence that may restrict pets, you are affirming that you have received permission from the proper authority for this Cavalier.
6. No guarantee is made as to disposition or conformation of the Cavalier. Breeding ability is warranted for 1 year only for Cavaliers placed with full AKC rights.
7. It is impossible to accurately determine the exact adult size of any young Cavalier sold, therefore, we cannot give any size guarantee. Size estimate is based on bloodline, age, and size of Cavalier at the time of sale.
8. Just as in the case of having a human baby, Seller cannot guarantee that any Cavalier you buy will be problem free throughout it's lifetime. Reasonable precautions have been taken to prevent this Cavalier from acquiring hereditary problems. However, because environmental causes of health problems are possible (Epigenetics), because Seller no longer has control of the Cavalier's care, and because we are dealing with living animals, you, as the Buyer, accept all responsibility for the care of said Cavalier, beginning from the moment the Cavalier is no longer in the possession of Seller, and understand that Seller will not be responsible for conditions other than those listed - life threatening, untreatable conditions diagnosed within 72 hours of acquiring the Cavalier, and life threatening genetic defects up to the first birthday. Genetic warranty covers up to the 5th birthday for loss due to MVD or SM, as indicated.
9a. For the health warranty to remain in effect, Buyer will not allow any more than than the core vaccines (DAP OR Bordetalla for kenneling) to be administered during one veterinary visit. Buyer will not allow any more than the core vaccines (DAP) to be administered at any time without a Naturopathic veterinary opinion (phone consultation is adequate) verifying the need for additional vaccinations. (See: http://www.ahvma.org/find-a-holistic-veterinarian/ for help in finding a holistic vet - we need the name of the vet you consulted.) Buyer will not allow any booster vaccinations during the warranty period. If disease is a concern prior to the expiration of 5 years, Buyer will have their vet administer a titer test to determine if any booster is needed. (Please see: www.vaccicheck.com) According to the WSAVA, vaccinations are effective for 5 to 7 years, if not longer. (Rabies per regional law.)
9b. Additionally, Buyer will take the Cavalier to a qualified veterinarian annually for an examination (not vaccinations) in order for the health warranty to be effective.
10. Buyer certifies by signing this contract that the Cavalier will live in the house with the Buyer, be confined by a fenced yard or receive adequate supervision when outside, will have adequate exercise, nutritious food, constant access to fresh water, be maintained at a healthy weight, and receive all necessary healthcare. The Buyer also certifies the Cavalier will not be confined to a crate or cage any longer than 2 hours, unless traveling, (An exercise pen is appropriate confinement.) and will not be left alone for long periods of time on a regular basis.
11. Buyer agrees that if it becomes necessary to dispose of this Cavalier, ownership shall revert back to Seller, including all AKC rights. At no time may this Cavalier be resold or given to a third party without an expressed written agreement from Seller. Seller will accept the return of the Cavalier at any time for any reason.
12. The Buyer certifies, by signing this contract, that he/she is not acting as an agent in this purchase, and that the buyer will not resell this puppy to a pet store or medical research facility. The Buyer further agrees the puppy will NEVER be placed in an animal shelter of any kind.
13. Seller will not be responsible for shipping costs, nor for veterinarian fees on a Cavalier that is no longer in Seller's possession. Seller does not provide a cash refund. Seller reserves the right to require a second opinion from a vet of Seller's choosing. Seller will consider full credit only if the Cavalier is seen by a DVM in the required time frame. If the Cavalier has not visited the veterinarian, as agreed, within the 72-hour time frame, NO credit amount will be considered. If an illness, an accident, nutritional deficiencies (hypoglycemia is a nutritional deficiency), over-vaccination, toxicity, trauma, or neglect is found to play a role in the condition of the Cavalier in any manner or fashion, no credit will be forthcoming. Additionally, Buyer agrees to hold Seller harmless for such.
A. To return a Cavalier and/or request warranty credit for the full price paid by Buyer, notify Seller by phone prior to return. The original veterinary report and all medical records must be presented within 48 hours. If registration papers/information were received at the time of purchase, those must also be returned.
B. Buyer will be given a full purchase price credit toward another Cavalier once a life threatening genetic disorder and/or an un-treatable health condition has been verified by both Buyer's and Seller's vets. Buyer will be given a credit voucher for the full purchase price which will be redeemable as soon as a satisfactory Cavalier is available. All credits are strictly limited to the cost of the original Cavalier.
C. If the Cavalier dies any time within the 72 hour/1 year/5 year guarantee period, Buyer will take the deceased Cavalier to a veterinarian that is mutually agreed upon by Seller, not to include Buyer's attending veterinarian, for the purpose of an autopsy at Buyer's expense. Seller will be provided with all previous medical records, a statement from the pathologist regarding the cause of death, and a certified copy of the death certificate. If the Cavalier died of natural causes from a genetic/congenital condition, full credit toward another Cavalier will be provided to Buyer. (See #13.) However, if neglect, vaccinations, medications, toxicity, trauma, hypoglycemia, nutritional deficiencies, or accidents are found to play a role in the demise of the Cavalier in any manner or fashion, whether or not it was accidental or intentional, no credit will be forthcoming. Additionally, Buyer agrees to hold Seller harmless for such.
D. If Buyer declines the credit toward another Cavalier, Seller shall be under no further obligation and it will be deemed that Buyer has released Seller from all further claims.
14. This contract is made and signed by both the Seller and the Buyer for the well being of the Cavalier. Buyer certifies that no part of this contract will be breached, or Seller may repossess the Cavalier at the expense of the Buyer for any legal proceedings and/or shipping costs, if necessary.
15. Seller acknowledges the receipt of a ______________ non-refundable deposit toward the purchase of the above mentioned Cavalier. Seller will transfer ownership of the said Cavalier for $______________, less the deposit, to be paid in full, plus shipping fees, if any, before the puppy can be shipped or delivered. Seller will accept cash, cashier's checks, money orders, or bank drafts only. No personal checks or credit cards, please. Final payment must be received at least 7 days prior to scheduled shipping date, or cash only upon personal delivery.
Date of Birth____________ Microchip #_____________ DNA#______________
AKC #: AFTER proof of spay or neuter is received by Breeder.
Seller’s signature & date:
Buyer’s signature & date:
Buyer’s phone & email address:
Additional comments to this agreement/contract:
Blue Rose Cavaliers' full registration addendum to standard contract:
In agreement between ________________________and Blue Rose Cavaliers, re: _____________________________
1) This puppy is being placed with full registration privileges. Open AKC papers will be issued upon Blue Rose's receipt of proof the Cavalier has acquired the 1-year health clearances on patealla, heart (via a cardiologist), eyes, and prelim hips. This is for the protection of Buyer, Seller, and the breed as a whole.
2) It is agreed the puppy will retain the name, "Blue Rose," as the prefix for his/her registered name.
3) If the puppy is eventually used for breeding:
a. Buyer agrees not to breed to any female that is in her first heat because a pregnancy may be hard on her health due to her young age.
b. Buyer will assure both the male and the female have OFA heart (via cardiologist), eye, patellar, and (prelim if needed) hips clearances before breeding.
c. Buyer will not require any more than a maximum of 6 litters from any bitch.
d. Buyer will place any puppies produced with limited registration only, unless thorough screening of the puppy purchaser has been accomplished, and such screening plans are shared with Seller. Furthermore,
e. Buyer agrees to be responsible for any/all puppies that are produced, as needed, for the lifetime of the puppies.
4) Buyer agrees to provide Seller with photographs suitable for advertising and photocopies of all awards and critiques along with the judge(s) name(s) and the club sponsoring the show. Buyer also agrees that Seller may use the photographs and any particulars of qualifying awards in any future advertising.
5) Once the puppy reaches thirteen (13) months of age, if there is a verifiable reason, that can be attributed to genetics only, to downgrade the puppy from "show prospect and/or breeder" status to "pet only," Buyer has the option to adopt another show and/or breeding prospect at a pet price, or receive a refund of the price difference between a pet puppy and a full-rights puppy. (Be certain to get all health testing done right at 12 months of age. We give you 1 full month to complete your health testing.) Buyer must provide proof to justify downgrading puppy from show/breeder status to "pet only," as well as proof this downgrade is due to genetics, only. Seller's vet must concur that said puppy should be downgraded to "pet only" due to a genetic flaw.
6) MAINTENANCE: Buyer agrees to maintain this dog in top health, provide routine preventative health care including, but not limited to: Taking care not to over-vaccinate; internal and external parasite control through natural means whenever possible; feeding a natural, holistic diet.
7) Buyer further agrees to provide proper exercise, as indicated, in order to maintain this dog or bitch in proper weight and physical condition. A proper diet consists of top-quality, all natural dog food and supplements. (Kibble alone is not considered adequate.) Vitamin E is an acceptable preservative.
8) Buyer agrees that this dog or bitch is NOT to be LEFT IN A BACKYARD OR KENNEL/CRATE/CAGE ONLY. This dog or bitch is sold with the understanding that it was "adopted" by carefully selected parties and that Buyer AVOWED the dog or bitch would become a member of the family. (This is to assure proper development and maintenance of the temperament for which the animal was bred.)
9) Buyer agrees Seller will REPOSSESS DOG OR BITCH UPON EVIDENCE OF NEGLECT AND/OR ABUSE, WHICH INCLUDES THE EMOTIONAL HEALTH OF SAID DOG OR BITCH, at no expense to the seller. Additionally, Buyer agrees there will be a $5000 fine if the Cavalier King Charles dog or bitch is neglected or abused in any way, which includes refusing to have the aforementioned health screenings performed. If litigation is required, Buyer will reimburse seller for all legal expenses in addition to the fine.
10) Buyer agrees that he/she understands this contract fully and agrees to abide by the standards set forth therein.
______________________________________________________ Buyer Date
Please sign and return one copy of the signature page. Thanks!