Sharon and Steve Bolton, whose address is xxxxxxxxxxxxxx (phone xxxxxxxxxxx), doing business as BENDEN KENNEL, hereinafter referred to as the SELLER, and __________________________________________________________________ hereinafter referred to as the “BUYER”, have entered into the following sales and agreement:
SELLER hereby sells and has this day delivered to the BUYER a Golden Retriever of XXXXXX sex, XXXXXXX in color, to be registered with (litter designation) Benden prefix to also include the word “XXXX” within the registered name, and having been whelped in OKC, OK on (date) as a member of AKC Litter No SRXXXXX, sired by XXXXXXXX and out of the dam Benden’s XXXXXX by the breeder of Sharon Bolton for the sum of $XXXX.00 to be paid to the SELLER and the warranties and guarantees by the BUYER and SELLER herein provided to have and to hold the same unto the BUYER, his heirs, executors, administrators and assigns.
BUYER warrants and guarantees as part of the consideration for this sale and delivery of said dog:
That said dog shall be maintained and kept under the personal control of BUYER and shall not be allowed to run at large in the community wherein the BUYER resides or in any other place.
That said dog shall be given adequate and proper housing and shade and shall be properly and sufficiently fed and watered at all times, shall not be neglected in any manner, and in no manner mistreated. BUYER shall provide adequate and proper veterinary care.
That said dog has been purchased for the primary purpose of its being a pet, companion or hunting dog and that the BUYER understands that the SELLER makes no warranties or guarantees as to the dog’s suitability for breeding or competition at AKC events, or as to OFA certification.
Neither said dog, nor any of its progeny under the control or possession of the BUYER shall be used for the purposes of vivisection and they shall not be sold by or through any commercial or wholesale establishment, any chain store, catalog sales house, pet store, “buncher”, or puppy mill.
That said Buyer shall have Veterinarian shall examine dog within 72 hours of receipt of said dog. If BUYER does not do so, the SELLER makes no warranties or guarantees as to the health of said dog.
In the event BUYER fails to perform any provisions of this agreement, including those acts which he as warranted and guaranteed to perform, than and in such event SELLER may, at his option, revoke this agreement of sale and the cash consideration paid to the SELLER shall be forfeited to the SELLER as liquidated damages for the breach of this agreement and of the warranty and guaranty.
In the event BUYER can not keep said dog, BUYER must inform SELLER and give SELLER right of first refusal.
SELLER warrants and agrees:
That he is the lawful owner of said dog, that said dog is free of all encumbrances, that he has the good right to sell the same and that he will warrant and defend the title to the dog from all lawful claims and demands.
That said dog is in good health and of sound body at the time of this sale.
That said dog is the result of a breeding in which proper and reasonable effort was made by the breeder to produce Golden Retrievers conforming to the breed standard as recognized by the AKC and being of sound body and correct temperament.
If said dog develops crippling hip dysplasia, with crippling being defined as a degree of hip dysplasia making it impossible for the dog to function in the purpose for which it was intended and without experiencing significant pain, the SELLER will, at his option, either replace said dog with a dog of equal quality and comparable breeding, or return the consideration upon return of said dog with registration papers signed over to the SELLER. If BUYER chooses to keep said dog, it must be neutered and ½ of the consideration will be returned. Any claim brought against the SELLER for the above reasons must be verified by a veterinarian of the SELLERS choice, at the BUYERS expense.
That the BUYER may return said dog to the SELLER within 5 days of receipt of said dog and obtain a full refund of payment if (1) a veterinarian finds said dog to be unsound or unhealthy when examined within the prescribed time period, or (2) the dog’s temperament or personality are found to be unsuitable to the BUYER.
Said dog shall be sold with limited AKC registration certificate. If BUYER desires full AKC registration the following conditions must be met:
Said dog must have an OFA Certificate
Said dog must have a current CERF Certificate
Said dog must have a SAS clearance from a Board Certified Cardiologist
Said dog must have a PennHIP evaluation
Said dog must have AKC titles in Obedience, Field or Conformation
Said dog must be presented to the SELLER for evaluation in comparison with the AKC Golden Retriever Standard
Seller reserves the right to refuse to change dog’s registration for any reason.
This contract shall be governed by the laws of the State of Oklahoma, and is signed in duplicate with each party receiving a copy ________________________________2013
Sharon or Steve Bolton
____________________________ Benden Kennel