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This document represents a legally binding contract to co-own/own one Dogue De Bordeaux puppy from the litter described as: Whelping date: Sire Registered Name: Sire Registration Number: Dam Registered Name: Dam Registration Number: Registered Name of Pup/Adult: Note: ALL Brazen Bordeaux pups are pre-named Micro Chip number: Male or Female: Purchase Price:
THIS CONTRACT IS MADE BETWEEN THE SELLER: Kim Lellig, Brazen Bordeaux of Winnipeg, Manitoba (hereinafter referred to as Brazen Bordeaux) AND BUYER(S): John or Jane Doe Street Address City, Province & Postal Code Home Phone Cell phone Email address (hereinafter referred to as the Buyer)
Both parties hereby agree that the following conditions will be met and that no other warranties or conditions are either expressed or implied, unless duly noted under item #21 or in a separate addendum, which will be signed by both buyer(s) & seller(s): 1) This pup/dogue is being sold as a Companion Dogue De Bordeaux. In some unique cases, a puppy may be available to co-own as a potential show prospect puppy based on structural and temperament evaluations at 8 weeks of age. Regardless, the pup is purchased as a companion first and foremost - to be further evaluated as a show prospect at a later age. A companion quality pup/dogue is usually sold as such because it possesses a disqualifying fault or is not to be of 'show quality'. Such a pup/dogue is prohibited from being used for breeding unless, at the age of twenty-four months, it exhibits traits of being able to compete in the show ring or it no longer possesses any disqualifying faults (according to the FCI standard) and any price difference is paid from a companion to show quality status.
2) Kennel club registration (CKC, AKC or CFC) papers shall be furnished to the buyer by Brazen Bordeaux only after said pup/dogue has met the below listed health screening criteria in its entirety or has been rendered incapable of reproduction and a letter from a licensed DVM attesting to this fact has been sent by certified mail. All companion pup/dogues carry the same health guarantee as a potential show prospect pup/dogue. 3) Vaccination and Medication Schedule: Vaccination schedule is included with each pup/dogue. All pups/dogue(s) initial vaccination is done at 8 weeks of age. All pups/dogues are sent current on vaccination(s). Please educate yourself about vaccines - latest studies indicate that pets are vaccinated far more frequently than necessary. 4) Feeding/Supplements Criteria: Our puppies are fed premium food from 7 weeks on, which is fed in dry form. All dogues are to be maintained on a premium diet. Raw diets must be carefully balanced, but are generally very successful for DDBs. We also advocate the use of supplements which must be done with care and consideration. ie. Glucosamine, coconut oil, vitamins, etc. 5) Where spay and neuter is contractually required of the buyer, it is not recommended before the age of 12 months (females) to 18 months (males) unless there are behavioural or health issues which would suggest the procedure should be done earlier. The later the procedure is performed, the better to ensure proper physical and psychological development – also linked to defending against certain health issues. 6) Temperament Development: The temperament in the Dogue De Bordeaux is largely determined by the genetic traits passed on by the parents and early socialization. We feel that temperament and socialization are directly related to each other. In this regard, we spend a great deal of time socializing our puppies. Our puppies are checked for any unusual changes in their development and introduced to different situations such as exposing them to different floor materials, varying noise levels, both with and without their littermates. All dogs require training/socialization and they must be trained correctly. We can sell you a pup/dogue with a potential to participate at dogsport, but it is up to you to develop this potential in your dogue. There are many good trainers out there; however, they are far outweighed by the bad dog trainers. We will be more than happy to help you with training ideas or recommend people to train with.
7) Breeding Criteria: (*for show/breeding dogues only). This pup/dogue shall not be used for breeding purposes before and not until the health tests as outlined in number 13) “health screening requirements” have been submitted to Brazen Bordeaux for review/submission prior to breeding approval. The following conditions also apply: A) Complete a basic obedience course(s) (e.g., CGN, TDI, TT, TAN, CD, CDX, UCD, UCDX, etc.). B) Females will not be bred more than once each year and not before 18 months of age nor to exceed her fifth birth year, with a maximum of three breedings in her lifetime. Buyer(s) agrees that she will ONLY be bred to a male DDB that has participated in OFA hip/elbow/heart certification and that those scores represent fair/normal or better. PennHip maybe considered. C) Males may only be bred to likewise suitable female DDB with hips /elbows /heart testing & approved by Brazen Bordeaux prior to any breeding taking place. If said male DDB is being used with the sole intent to better another breeder(s) program, consideration may be given to a lesser score hip/elbow. D) No Brazen Bordeaux dogue shall be bred to a dogue possessing any disqualifying faults.
8) In the event the puppy is sold as a co-owned potential show prospect puppy / dogue, the co-owners shall share responsibility for showing the dogue with final decisions to be made by Brazen Bordeaux in terms of when, where and who will show the dogue. Expenses (entries, travel, etc.) will be primarily the responsibility of the buyer unless some other arrangement is made ie. Brazen Bordeaux solely enters, transports and shows the dogue. Access to the co-owned dogue will be provided to Brazen Bordeaux when given appropriate notice. 9) Registered Name: The referenced pup/dogue shall carry the "Brazen" Bordeaux prefix name in all ADVERTISING, CONFORMATION, OBEDIENCE TRIALS, WEB SITE PUBLISHING or any other use where the said dogue is used in reference. The name on the litter/individual registration MUST BE THE SAME AS ON THIS CONTRACT and cannot be changed under any circumstance. 10) 2 Year Replacement Guarantee: Any pup/dogue that dies before the age of 2 years due to any severe genetic disorder i.e. kidney failure, cardiac illness, epilepsy will be replaced with a pup of equal quality at first possible opportunity. In order for replacement to commence, ALL CONTRACTUAL OBLIGATIONS must have been met by defined time lines (health screen, etc.) within said contract. All supported claims for replacement must also be accompanied by an official necropsy report from a Veterinarian University Teaching Hospital. We will review the documentation and render a decision within 30 days of the report being received. Any death due to injury(s) received (car accident, fire, poisoning, heat stroke, etc.) does NOT constitute replacement.
11) Hip and Elbow Dysplasia : We warrant that said pup/dogue is the progeny of dogues x-rayed clear of any severely crippling hip dysplasia (DJD). Because there is no definitive cause for dysplasia and factors including heredity, environment, diet and exercise likely all contribute to the development of this condition, we do not offer a guarantee on hips or elbows. However if said pup/dogue develops severe or crippling Hip Dysplasia (DJD), as evidenced by an OFA evaluation, at or before 12 months we will review the individual case as follows: Severe Hip or Elbow Dysplasia with CONFIRMED diagnosis of DJD by OFA. In the event that your pup/dogue develops severely crippling hip or elbow dysplasia and it is of the opinion of two independent vets that said pup/dogue should be euthanized, we will give you another puppy out of a mutually agreeable Sire and Dam. It will be the responsibility of the buyer to pay for only the shipping charges and cost of the flight kennel and health certificate. Note: We believe in modern medicine, surgical procedures & supporting the decision our clients make with their trusted family vets. We do NOT require owners to euthanize their puppies.
12) Hip/Elbow/Health Screening Progress Requirements: A) Each & EVERY Brazen Bordeaux dogue must be x-rayed for hip & elbow dysplasia; as well as, shoulder health (OCD) @ 12 & 24 months in order to meet the requirements of this contract. This periodic schedule is required for all clients so that the progress & the development of said pup/dogue(s) hips & elbows and shoulders can be closely monitored. The xray screenings shall be of OFA quality and must be submitted to Brazen Bordeaux; the decision to submit will be made by Brazen Bordeaux. B) The buyer(s) may conduct a PennHip evaluation @ 12 & 24 months if that method is preferred. The decision to submit to OFA will be made by Brazen Bordeaux. C) An OFA evaluation for Cardiac (ECHO is preferred at 12 months but auscultation is acceptable; ECHO is required for the 24 month exam), Thyroid, vWD (may be optional) & Patellas must be done @ 12, 24 & 36 months (36 months if abnormal results). The screens/results must be provided to Brazen Bordeaux; decision to submit to OFA will be made by Brazen Bordeaux. D) CERF/OFA eye exam is to be conducted @ 12, 24 & 36 months (36 months if abnormal results). The decision to submit to OFA will be made by Brazen Bordeaux. 13) All pups/dogues are required to remain on bone/joint supplement for first 3 years (and beyond at owner(s) discretion). 14) Acting Agents: Buyer(s) agrees/certifies that he/she is not acting as an agent for another individual in the purchase of this pup/dogue. And that he/she will not sell this pup/dogue or any of it’s progeny to any agent, pet store, puppy mill, (e.g., mass commercial kennel or guard dog businesses), for profit kennels, convicted dog fighters or any convicted felons. 15) First Right of Refusal: Buyer agrees that he/she will give the first right of refusal to Brazen Bordeaux should buyer decide to dispose of said pup/dogue. Any new owner must also agree to abide by the terms entered into on this contract. In the event that said owner should become deceased, then whatever arrangements they have made within their will or estate for their dogue will be allowed providing said new owner abides by the terms of this contract. It is not the intent of this contract to separate a family companion from surviving members of said buyer's family. 16) Safeguards: Buyer certifies that said pup/dogue shall reside at his/her home located as stated in address section of contract and Buyer agrees to take proper safeguards for the care and safety of said pup/dogue. This includes but is not limited to: proper food, water, shelter from the elements when outside, fenced-in exercise area, leashed exercise, socialization, enrollment into puppy class upon arrival, proper training for obedience, and administered regular immunizations and examinations by a veterinarian. Any change in address will be reported to Brazen Bordeaux within 30 days. 17) Purpose: The purchase of said pup/dogue is for a family companion, a potential show dogue or a working dogue and cannot be used with the intent to gain income, including any refunds, unless otherwise stated within this contract. 18) Registration: Said pup/dogue shall be registered with one of the following registries: CKC, AKC or CFC. Brazen Bordeaux will remain as registered owner/co-owner on all dogues produced by Brazen Bordeaux until said terms of contract are met. We warrant that said pup/dogue is fully registerable with one of the above registry organizations and that registration papers will be provided in a timely manner. We cannot be held responsible for paper work that is delayed or lost through the mail system or held up by the registering organization. In all co-own registration situations, Brazen Bordeaux will remain primary owner. 19) Deposits: Deposits are required for Brazen Bordeaux to reserve all puppies. Once a deposit is made it represents a commitment by the Buyer to purchase said pup/dogue and is therefore non-refundable. This deposit accounts for all the expenses incurred in the preparation toward purchase of said pup/dogue. The non refundable deposit fee shall be not less than 25% of agreed upon purchase price of said pup/dogue. Payment Information & Method: The aforementioned deposit shall serve as down payment for said pup/dogue. Any monies sent, wired, deposited are considered a down payment. This is a non-refundable sum, as addressed within item 19 of this contract. Balance of monies, to be made via etransfer, Cashiers Check or Postal Money Order or CDN currency, for said pup/dogue should be received no later than 10 working days prior to shipment of said pup/dogue. This is required so that all monies can clear our bank as outlined by our bank's deposit guidelines. All other expenses incurred by the Buyer (e.g. shipping costs, health certificate & crate fee), shall be paid in-full prior to shipment of said pup/dogue. All monies will be sent via a trackable method ie. FedEx ®, Priority Post with a tracking number to monitor said monies in the event of any unforeseen delays.
20) Medical Procedures: Brazen Bordeaux is to be notified in a timely manner before any routine/cosmetic medical procedures are to be administered to said pup/dogue, UNLESS said pup/dogue should require immediate emergency medical attention. At which time, we will be provided with full documentation of any and all procedures performed by attending physician. This is required in order to make sure that diagnosis/treatment is correct, unless in the event of an emergency in which immediate care must be administered. Whenever possible, a second opinion will be obtained from a University Teaching Hospital at the Buyer's expense. 21) Other Notes: No other contract or promises are implied other than what is stated in this contract or as noted; any special conditions will be listed here. 22) Upon Arrival of Your Puppy: Buyer(s) agrees to have said pup/dogue thoroughly examined by a board certified licensed DVM within 72 hours of receipt, weekends & holidays excluded. A copy of this initial visit report will also be forwarded to Brazen Bordeaux for inclusion into said pup/dogue(s) puppy file. If said pup/dogue(s) is determined not to be of sound health or as promised then said pup/dogue(s) may be returned at Buyer's expense for a replacement pup/dogue(s). Said pup/dogue(s) should be shipped back on the first available flight or within 72 hours of agreed upon return date. Any abnormalities found from said pup/dogue(s) first exam will be reported to Brazen Bordeaux within 48 hours of receiving notice and be accompanied by any documentation provided by buyer’s DVM. 23) Released Responsibilities: Buyer hereby releases Brazen Bordeaux from responsibility of any and all liabilities and/or damages by fault of said pup/dogue after said pup/dogue is in the care or possession of Buyer. These damages and liabilities include but are not limited to; general upkeep and care of said animal, any and all vet costs for the life of said pup/dogue(s), maintenance costs associated with keeping said pup/dogue(s), medical bills, destruction of property, physical or emotional damage to any other animal(s) or physical or emotional damage to any person or group of persons. The term "co-ownership" does not imply or show intent that Brazen Bordeaux shall be responsible for any part of said pup/dogue(s) upkeep and or costs associated with owning a Dogue De Bordeaux. Buyer(s) understand that all associated costs with caring for said pup/dogue(s) and/or meeting the obligations of this contract is strictly the responsibility for person(s) listed on this contract as buyer(s).
Any violation(s) of the above listed items (1- 23) will render this contract null & void to buyer, this does not exempt seller from taking legal action to enforce said contractual obligations with buyer(s). Buyer(s) understands that this contract is written up & agreed upon for the best interests of the dogue de bordeaux breed. Buyer(s) also understand that any male/female ddb purchased under co-ownership terms was done so with the understanding that Brazen Bordeaux may enforce said breeding obligation(s) of said contract. The above agreement is made and signed this _____ day of ____________, 20__ by Brazen Bordeaux and the buyer who agree to assure the well-being of said pup/dogue and it’s progeny. In the event that it should become necessary to enforce any part of this contract by legal means, any & all attorney's fees, court costs, and travel expenses will be the responsibility of the buyer(s). This contract shall be deemed a legally binding contract and is under the jurisdiction of the province of Manitoba in the city of Winnipeg. It is further agreed that the place of venue shall be Winnipeg, Manitoba. I / We the buyer(s) do hereby certify that we have read this contract, understand its complete contents and agree to it fully. _________________________________________________ _________________________________________________ ________________________________________________
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It should be noted that this contract defines the responsibilities of both the buyer and seller. In addition, it is written for the sole purpose of protecting the Dogue De Bordeaux breed and the well being of the pup/dogue. |
BRAZEN BORDEAUX |