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Hypothetical
Contract
Date: XXXXXX
This contract applies to
the sale of "Xxxxxxx of Alika Cotons" (aka
"Xxxxxx"), the son/daughter of [Name of Stud] and
[Name of Bitch], born X/X/2003 at Alika Cotons
(hereafter, the "seller"). Xxxxxx, a
Potentially
Breedable/Not Breedable Tri-color/Black & White/or
White Coton de Tulear puppy is registered by the
Coton de Tulear Club of America [hereafter "CTCA"].
Xxxxxx is sold to (the buyers):
Buyer's
First and Last Name
Buyer's
Address
Buyer's
Phone Number & email address
These are the terms of
this sale:
(1) The purchase price of
Xxxxxx, paid in full by the buyers to "Laurie
Spalding" prior to delivery, was $2,800.00 / 2,000.00; these prices include a
non-refundable $300 deposit [and may also include
an additional, non refundable delivery charge of
$100 or more, depending upon distance].
(2) The seller (Alika
Cotons) agrees to refund the purchase price minus
the non-refundable deposit of $300 (i.e.,
$2,500 or $1,700)
of this Coton de Tulear within ten (10) days of
purchase provided that the following conditions are
met:
a. The owner
notifies Alika Cotons of its intent to return the
dog within the ten day period.
b. The dog is returned in
good health at the owner's expense to Alika Cotons
within eleven (11) days of purchase, weather
permitting.
(3) The seller agrees to
refund 50% (one-half) of the purchase price of this
dog if the dog is returned in good health at the
buyer's expense to Alika Cotons within thirty (30)
days of purchase.
(4) The buyer agrees to
take Xxxxxx to a veterinarian of his/her choice
within seven (7) days of purchase for a health
examination. The buyer will notify Alika Cotons by
telephone of the results of this examination within
forty-eight (48) hours.
(5) The buyer understands
that Xxxxxx is sold in excellent health. The buyer
has received the results of at least two health
examinations and a Health Certificate signed by a
veterinarian.
(6) The seller agrees to
provide Xxxxxx with his/her first two sets of
vaccinations (age 6 weeks, without Leptospirosis
and 10 weeks, with Leptospirosis). Additional
vaccinations (a third set including Leptospirosis
vaccine) is required to be given by the buyer. The
buyer agrees to provide Xxxxxx with her Rabies
vaccination.
(7) The seller agrees to
provide the buyer an Official CTCA Pedigree and
Registration Certificate within 180 days of the
delivery of Xxxxxx to the buyer.
(8) For POTENTIALLY
BREEDABLE pups,
the buyer agrees that Xxxxxx may not be neutered by
the buyer without the written consent of the
seller. This restriction is strictly an
acknowledgment of Xxxxxx's potential contribution
to the endangered gene pool of the breed and is not
intended to in any way restrict the buyer from
neutering this dog should any urgent health
condition impact Xxxxxx that would be alleviated by
neutering surgery. Note, however, the Seller shall
not force the Buyer to breed Xxxxxx, so after
consultation, with mutual consent, Xxxxxx could be
neutered.
Or [for NOT BREEDABLE pups] must be neutered by the
buyer and the veterinarian's neuter certificate
(copy) sent to the seller prior to the issuance of
any registration papers.
(9) The buyer agrees to
abide by the CTCA's Code of Ethics as in place
currently (published in the Coton de Tulear News
and on the CTCA's Coton News and Information
Network world wide web site, www.CotonClub.com).
All matings must take
place with dogs registered with the CTCA as "Health
Tested." Alika Cotons has the right to deny or
approve of any potential mating, and to base that
decision on scientific tests (e.g., Wright's
Coefficient of Inbreeding). This provision is to
insure that Alika Cotons meet the CTCA Code of
Ethics and that future pups produced by this dog is
an enrichment to its gene pool.
(10) Xxxxxx is sold as a "Potentially
Breedable" Coton de Tulear. He/She must be
evaluated according to CTCA regulations in place in
one year in order to determine whether or not
he/she can be classified as a "Breedable" Coton de
Tulear should the buyer wish to breed Xxxxxx
(please refer to regulations and health forms,
available at
http://members.aol.com/cotonnews/ethics.html).
Should Xxxxxx fail to pass
his/her mandatory one year CTCA Health Examination
and therefore be classified as "Not Breedable," the
Seller agrees to refund the buyer $800 (the
difference between the price of a Breedable and Not
Breedable Coton) within 60 days of receipt of
copies of the CTCA Test results (with attending
veterinarian' signature, name, address and phone
number).
(11) FOR POTENTIALLY BREEDABLE FEMALE
PUPPIES: Buyer
agrees to pay all costs associated with a breeding;
including but not limited to stud service and
associated transportation charges, prenatal and
post natal care of the dog, care of the puppies
including veterinarian examinations and
inoculations, advertisements and placement costs;
and allow Seller to choose the "pick puppy" out of
the dog's first litter (with more than two live
puppies) to a suitable breeding partner. "Pick
puppy" is defined as the puppy chosen by the Seller
from all puppies whelped in the litter. Seller will
make their selection of pick puppy between eight
and ten weeks of their birthdays and will pay for
all immunization and transportation costs.
Alternatively, the seller may choose to accept
$2800 in lieu of taking a "pick puppy," payable
after pups from the litter are sold.
(11) FOR POTENTIALLY BREEDABLE MALE
PUPPIES: The buyer
agrees to allow Alika Cotons to employ Xxxxxx for
two matings (two studs with at least three ties
resulting in two successful pregnancies). The buyer
agrees not to charge Alika Cotons a Stud Fee for
these two matings.
(12) From time to time,
the seller may require the buyer to take
measurements and photographs of Xxxxxx. The Seller
will reimburse the buyer for any postage or film
costs. Further, the seller agrees to limit such
requests to no more than three per year. If one or
more specific blood tests are called for by the
seller, the cost of these tests will be born by the
Seller.
(13) The seller agrees to
replace Xxxxxx with a comparable Coton de Tulear
should Xxxxxx develop a serious (life impairing)
genetic health defect within her first two years of
life or should this Coton develop genetic,
idiopathic aggression (defined as an inappropriate
aggression that cannot be ameliorated through
training). A serious health defect must be
confirmed in writing by two different veterinarians
(or, in the case of aggression, a professional
behaviorist). The buyer understands that such a
replacement would occur after the next mating that
follows the discovery of said genetic health
defect.
(14) The buyer agrees to
notify the Coton de Tulear Club of America of any
change of address and agrees not to sell or
transfer ownership of this dog without first
notifying Alika Cotons of his/her intentions. It is
understood that Alika Cotons shall have first right
of refusal to reacquire this dog and must approve
subsequent placement of this Coton.
(15) The buyer agrees to
provide this Coton de Tulear with excellent
physical and psychological care. The buyer agrees
to give Xxxxxx the remainder of his/her
vaccinations including his/her first rabies
vaccination and to provide Xxxxxx with prophylactic
heartworm medication (monthly, during mosquito
season, as specified by their veterinarian), annual
health exams, and booster vaccinations as deemed
necessary by a veterinarian.
(16) The buyer agrees to
keep Xxxxxx on leash when the dog is not within a
fenced area. The buyer agrees that an "invisible"
or "electronic" fence is not suitable protection
for a Coton de Tulear and shall not be used to
contain or protect this dog.
(17) The buyer agrees to
train Xxxxxx in basic dog commands (e.g., "sit,"
"stay," "come," "no") using reward training and
without using punishment techniques.
(18) The buyer agrees that
Xxxxxx is not to be confined within a
transporter/kennel except for vehicular
transportation or training purposes that shall be
limited to confinement at night for toilet training
(if necessary) or brief confinements for "time out"
(a specific training term). The buyer agrees that a
kennel or other such confining space is not to be
employed to house Xxxxxx over regular, long periods
of time.
(19) The buyer agrees to
provide a report of Xxxxxx's progress (with
photographs) and Xxxxxx's first birthday. The buyer
will keep in touch with the seller to report and
share with the seller Xxxxxx's progress and
development in life. In turn, the sellers agree to
advise and help the buyer and Xxxxxx to the limits
of their expertise. If for any reason, Xxxxxx has a
problem not easily solved by the buyer, the buyer
agrees to seek the advice of the seller as soon as
possible.
For Alika Cotons:
____________Seller's signature goes
here,
______Date:________
For the buyer:
_______________Buyer's signature goes here,
______Date:________
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