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This contract is
in effect to protect the Alaskan Klee Kai Dog/Puppy above all else. The AKK and
its health and welfare are above both the seller and the buyer in importance.
This contract serves to insure that end purpose. The term dog for the purpose of
this contract although a masculine term, is intended to include female gender as
well as male.
Purchase and Sale:
It is hereby
understood and agreed that the above named parties have entered in a
Co-ownership Purchase and Sale contract for this Alaskan Klee Kai. It is
understood that a single litter the Alaskan Klee Kai may produce all three
sizes, and any variance in coat and quality. The Seller can NOT guarantee the
ADULT SIZE, QUALITY,
or APPEARANCE of this Alaskan
Klee Kai.
_________initial
Appearance or Personality:
of this
Alaskan Klee Kai. Sometimes between puppy hood and adulthood, changes in the dog
might occur that affect the potential breeding/show quality of your young adult.
The best puppies could grow up to have disqualifications, imperfections, or be
medically, structurally or temperamentally defective. This is something that
cannot be helped and is not the fault of the breeder or the owner.
___________initial
Purchase Price:
Buyer(s) and
Seller agree to a purchase price of $_____.00, and a
first pick
puppy back to the
Seller at no additional charge with the exception of transportation costs to get
the pick puppy to the Seller. Puppy back agreement is explained
in detail below. Once Payment has been made, if it is to be returned for any
reason, to include buyers’ remorse, before the puppy has been transported, the
buyer understands that it could take up to 30 days for payment to be mailed back
as a certified check, no matter how the payment was originally made. There will
be a forfeiture of $200.00.
Care:
The Buyer(s) agree that this Alaskan Klee Kai and all other animals residing
with the buyer(s) will be treated in a humane manner. All immunizations will be
kept current under the guidance of a qualified veterinarian, the animal will be
licensed where required by law, and proper training will be given to prevent the
development of personality traits which are normally considered undesirable.
Buyer agrees to have the microchip registered at
http://www.microchipidsystems.com/register/
at the earliest possible date. The breeder/seller will be listed as the
secondary contact on said registration. Buyer(s) further agree that this
Alaskan Klee Kai will be kept under control and will not be allowed to run
loose/ at large.
Returns:
The buyer(s) agree that if, at any time, they are no longer able, or desire to
care for, keep or give love and attention this AKK deserves, the breeder/seller
of this contract must be notified. The breeder/seller may have the option to
have the dog returned at the buyer's expense. If it is determined the dog is not
suitable for re-sale for any reason, the Breeder/Seller or buyer may choose to
retain said dog in their kennel for the life of the animal, or euthanize the
animal if it is decided that euthanizing the dog would be the most humane thing
to do. If for some reason buyer can no longer care for or keep above dog, seller
must be contacted. As a breeder and caretaker, I must be responsible for all of
the dogs I breed for the life of the animal.
This
puppy may never be sold to or co-owned with anyone else other than the buyer or
the seller.
Registration:
It is further agreed that the registered name of this Alaskan Klee Kai will have
the Prefix "HOT", and that this name will be permanently registered with UKC.
The buyer will have the right of registering the official name with UKC,
retaining the prefix "HOT" and to choose the call name of the animal.
Notifications:
The buyer(s)
agree to AT ALL TIMES notify the Seller within 30 days of any changes to Name,
address, telephone number and/or e-mail address for the life of the Puppy/dog.
Buyer(s) also agree to keep Seller updated on the welfare, wellbeing and photos
of this Alaskan Klee Kai
each month for the first year and quarterly thereafter.
Breeding:
The Buyer
agrees that this Alaskan Klee Kai is potentially breeding quality and Buyer
agrees not to mate this dog with any other than an Alaskan Klee Kai with UKC or
AKC Registration. The buyer(s) agree that breeding of this AKK should be done
only after the passing of the breed quality exam form (provided by the Seller)
by licensed and qualified veterinarian and approved by the Seller/Breeder
of this dog. The dog must have a breeding quality exam between the ages of
twelve (12) and eighteen (18) months by a qualified veterinarian that will
verify the dog's medical health and conformation comply with breed standards.
Once this is completed, the breeding quality exam and any supporting
documentation will then be sent to the breeder of this dog for final approval
and for the Breeders usage and records. Should the dog not meet the Alaskan
Klee Kai breed standards, this dog will have to be spayed within 30 days by the
buyer(s). A copy of such event must be supplied to the Seller within 30 days.
Spayed Alaskan Klee Kai will no longer be required to provide the “puppy back”
as listed.
Breeding shall be to only the purebred Alaskan Klee Kai and to officially
recognized colors only. (black & white, gray & white, red & white). You may
never crossbreed this dog with any other breed, to a dog not UKC or AKC
registered or to a dog with breed standard disqualifications.
Failure to comply is a breach
of contract and causes
you to be subject to forfeiture of the dog and all monies paid.
If the buyer(s) choose to breed this AKK, the Buyer(s) agree to place all AKK
puppies with a similar contract, thereby continuing the protection of the
breed. The buyer(s) agree to be a responsible breeder and to carry on the
tradition of selective breeding and to encourage spaying/neutering. If the dog
produces numerous puppies with health issues with more than one dam, it will be
agreed that the buyer will choose to neuter the dog rather than to continue to
breed dogs with health issues.
Buyer(s) agree if the Seller determines this animal does not qualify for the
breeding program, the dog will be Spayed and will not be bred. Disqualification
for the breeding program will be based upon disqualifications stated in the
breed standards by the United Kennel Club (UKC) and upon health and structural
problems determined by a qualified veterinarian, with the Breed Quality Exam (BQE).
The breeder (Heart of Texas) has the ultimate decision on breeding quality,
however, if
there is a disagreement regarding disqualification, either on the buyers or
seller’s part, an independent UKC judge of the Sellers choice will be used to
assist in the outcome.
If there is a question at
the time of the adult exam, this determination must be made after the dog has
reached at least 15 months of age.
_______initial
Special
Arrangements Agreed Upon For This Transaction:
Puppy Back:
As part of the sales contract for this Alaskan Klee Kai, Buyer(s) agree to give
free of charge, a puppy of Sellers choice, to the Seller. Seller has the right
to choose from any/all puppies produced by the Buyer(s) that may complement the
Sellers breeding program. Pick puppy may or may not be produced by the puppy
being purchased at this time. Any
stud services will be either provided for by the breeder or must be approved by
the breeder/seller.
The
“Puppy back” will be transferred at the age of on or about 8 weeks old to Seller
with no restraints or restrictions of any kind. The
Buyer(s) agrees to notify the Seller when there is a litter produced by the
Buyer(s) and update the Seller with pictures so that the Seller will be able to
accept or decline a puppy by the time that the puppy is six to 8 weeks old. It
is accepted that this contract is to cover both the puppy being purchased as
well as the pick puppy back. The Puppy back will carry the HOT Kennel
Designation as part of the name of the puppy.
STUD Services
Provided:
If stud services back are required, that would mean that you would provide at
the sellers request stud services to a bitch at a time convenient to both the
buyer and the bitch owner. That could mean a bitch that is or is not owned by
the seller. You would also sign the litter registration at the time of the stud
service if that signature would be required to register the litter for the bitch
owner.
Co-Ownership:
This dog will
be on a Co-Owned basis until all required items, a, b and c below, have been
completed. Once all items below have been met by the buyer, Seller will sign
off on UKC ownership:
a.
12-14 month old Exam form is completed and returned to Seller to
determine if the Alaskan Klee Kai is of breeding Quality. If for any reason
this dog does not pass the exam for Buyer agrees to have the dog neutered within
30 days from date of exam form with the Seller/Breeders permission.
b.
Copies of health screening must be submitted to the Seller showing the
dog passed all health screening. OFA compliant preferred.
c.
Seller
has received pick puppy back and has UKC papers listing Seller as the sole owner.
Terminology:
“Show Quality”, “Breeding Quality” and “Pet Quality” are terms that merely mean
the Alaskan Klee Kai does or does not meet the requirements for the Breeding
Program, and for showing in any and all AKK approved shows. These terms do NOT
guarantee the dog will mate, produce offspring, or that the dog will perform
well in the show ring.
Medical Records:
Buyer(s) understand that the AKK is a new breed of dog, and that genetic faults
may appear in the breed just as genetic faults appear in long established
breeds. The Buyer(s) agree to assist in tracking of possible genetic faults by
advising the Breeder in writing, of all surgeries, illness, or death of their
AKK. The purpose is for guidance in an attempt to diminish any genetic faults,
rather than allowing them to become more established in the breed.
Certificate of
Health:
A certificate of health will be provided by the breeder/seller's veterinarian
prior to placement of the puppy/dog. Seller guarantees that the dog is in good
health, free from any known defects: genetic, structural, communicable, or
temperament in nature. If the puppy is picked in person, the breeder will not
have had an opportunity to provide a health certificate from the veterinarian;
however you will still be required to see your vet within 3 business days.
Even though a Health
Certificate has been issued prior to you receiving the puppy, it is necessary
for you to have a qualified veterinarian of your choice to examine your puppy
within a three (3) business day period. This will assure you of your puppy's
good health and is necessary for your health Guarantee.
This dog/puppy is guaranteed
to be free of any known defects at the time of this contract. If it is
determined by your veterinarian visit, that there are any genetic health defects
the puppy will be exchanged at the earliest possible convenience, with a
comparable puppy, if the puppy is returned in 3 business days to the breeder in
the same condition that it was received (in-tact) and with the documentation
supplied and signed by your veterinarian for the reason of return. If at any
time in the future, any health issues arise, the Breeder/Seller must be notified
within three days of diagnosis and prior to any surgical actions being taken
unless it is emergency care required.
A complete list of health
issues that at least one Alaskan Klee Kai has been known to have been diagnosed
with is listed on this page
http://www.kleekai.us/Health.html .
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Factor VII:
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Buyer and Seller are both concerned and cautious about the newly detected FACTOR
VII DEFICIENCY GENE within our breed. This dog is being placed with the
assumption that it is not in the #affected# category, based upon its parentage.
It is understood that there is no refund for test results because the scientists
have advised that affected dogs have a mild bleeding disorder due to Factor VII
Deficiency Gene. At this time only one dog in our breed has ever been proven to
have been symptomatic and that specific Alaskan Klee Kai had other health issues
as well.
Non-Compliance:
Non-compliance
of any portion of this contract or intentionally falsified information will
results in the Buyer's forfeiture of the Alaskan Klee Kai as well as the monies
paid for the Alaskan Klee Kai. Seller shall provide notice and allow Buyer 30
days to cure said non-compliance. In the event of Non-compliance the Seller has
the right to request the return of the Alaskan Klee Kai, at the Buyer's expense.
If the Alaskan Klee Kai is not voluntarily returned the Buyer will reimburse the
Seller for all costs incurred by the Seller's efforts to have the Alaskan Klee
Kai returned as per the agreement in this contract. Costs will include, but not
be limited to, Attorney Fees, Court Costs and Transportation Expenses.
Any litigation resulting from the upholding of this contract will be filed and
litigated in Bexar County, San Antonio, Texas, where this contract is issued and
funds deemed received.
Addendums:
This contract
carries no other guarantees or agreements, either spoken or implied or written,
unless signed as an addendum by both Seller and Buyer.
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