Falon Creek Danes PO Box 144 Yanceyville NC 27379 This agreement is entered on this day between Russell W Smith of Falon Creek Danes Hereinafter referred to as Seller/Breeder and (Hereinafter referred to as buyer ) Full Name: Rusty Smith Address: PO Box 144 Yanceyville, NC 27379 Home phone: 336-524-1730 Email: faloncreekgreatdanes@gmail.com The Great Dane sold pursuant to this contract is as follows: Puppy s # and collar color: Color: Blue Markings: White Birth Date: 5-11-18 Sex: Male Sire: Maverick Danes Admirable Asher Grey of Falon Creek Dam: Maverick Danes Duchess of Falon Creek (Hereinafter referred to as Great Dane/Dog/Puppy. ) * The Great Dane is being sold for a total purchase price of $1800.00 * A security deposit of $350.00 is due by, 6-18-18 2018 to hold this puppy * The remaining balance of $1450.00 is due before the puppy leaves my possession. * If your puppy will be shipped via airline, the remaining balance PLUS shipping costs in the amount of $450.00 is due by July 6th 2018 so flight arrangements can be reserved. * If seller does not receive the initial deposit -OR- puppy is not paid in full and picked up by date specified without prior written arrangements agreed upon, the contract will be VOID and any deposit money retained to cover placement costs. * All puppies not picked up or shipped by 10 weeks of age will incur boarding costs of $17 per day. I have read this page in its entirety and agree to the terms contained within. Buyers initials Page 1 of 7
Rusty Smith, hereby agrees to sell and transfer ownership of the Great Dane described herein to the buyer with the following conditions and warranties: Buyer Responsibilities I. Breeder warrants that the puppy is healthy at the time of sale to the best of Breeder s ability. Breeder will have had the puppy checked over by a veterinarian before puppy is picked up by buyer. Buyer has 3 business days from the date of pick up from the breeder's house, to have this puppy examined by a licensed veterinarian to affirm that the puppy is in good health. This is for the protection of both Breeder and Buyer. I If Buyer does not take the puppy to a veterinarian within the specified 3 (three) business days time frame then the Buyer cannot return the puppy for a full refund due to any illness and the health warranty portion of this contract is considered null and void. Full refund only applies if puppy is found to be in ill health within the first 72 hrs of being with new owner. No other monetary reimbursement applies. IV. It is the responsibility of the buyer to maintain the health of the puppy after it has left the seller s premises. This health warranty does not include accidents, injuries, illnesses, or poisonings that have occurred after the Great Dane has left my premises. V. Buyer will not take puppy to any public places or let the puppy interact with any other dogs (unless that dog lives in the same household) until the vet check is performed. Parvovirus and Distemper are extremely contagious and often found in high-traffic pet areas including; vet offices, dog parks, pet stores, etc. Limit your puppy s exposure to these areas until after 12 weeks of age and receiving appropriate vaccinations. VI. If the puppy is found to be ill, the Breeder reserves the right to have puppy checked over by one of the Breeder s veterinarians before refund is given. If the Breeder s veterinarian concurs with Buyers veterinarian then 100% of the purchase price minus shipping will be refunded to the Buyer. Shipping costs (if applicable) resulting from shipping the puppy back to the Breeder is the Buyer s responsibility. Buyers must return the puppy and all applicable AKC, microchip, and health record paperwork to breeder within 3 days of vet check in order to qualify for refund. Puppy must be shipped back to Breeder before refund as stated above is given. V The Breeder is not responsible for veterinary bills resulting from Buyer s vet check or veterinary treatment of the puppy at any time after puppy has been turned over to Buyer. Registration Policies I. The Puppy is sold with LIMITED (Companion/Pet) Registration and buyer has NO BREEDING RIGHTS. If the Great Dane becomes pregnant or sires a litter, the buyer will owe seller liquidated damages of $1,500.00 for each puppy produced out of any breeding of said dog not allowed by this agreement. I Puppy/dog will be registered by breeder with AKC, American Kennel Club before leaving seller s premises. The Breeders kennel name Falon Creek Danes must appear at the beginning of the puppy s name. Buyer cannot/will not have the name Falon Creek Danes removed from the name of an already registered puppy. IV. This puppy NOT be registered by the Buyer with any other registry regardless of whether any type of registration paperwork was purchased or not. Puppy is warranted only for the purpose of being a companion animal. While it may be capable of performing other functions, no warranty is given as to its fitness for any special purpose Spaying and Neutering Policy I. Breeder highly recommends waiting until the Great Dane is at least 12 months old (18 months old for males) before buyer decides to spay or neuter the dog. Research shows that early spays and neuters increase the likelihood of bone and skeletal disorders, hip dysplasia, endocrine functions, and cardiac disorders. It is the buyer s responsibility to prevent any offspring being born from the Great Dane. Buyer needs to understand the risks involved and make a calculated decision as to whether to early spay/neuter. I have read this page in its entirety and agree to the terms contained within. Buyers initials Page 2 of 7
Temperament I. Breeder cannot warranty the temperament of puppies. Both genetics and the environment in which the puppy is raised can affect temperament. We have no control over the environment in which a puppy is raised, therefore we cannot warranty temperament. Buyer agrees to make all reasonable efforts to properly socialize the puppy. Great Dane s were bred to guard homesteads and eliminate threats from wild boars on their property. They are naturally protective of owners and can become overprotective if not properly socialized to new people, children, pets, etc. This Great Dane has been socialized everyday with my children, friends, and family. We expose new Falon Creek Dane litters to as many situations as possible. Nutrition/Vaccinations/Veterinary Care: I. Your puppy is up to date on vaccinations and worming at the time you receive him/her. Included in your puppy paperwork is a record that lists exact dates and what types of vaccinations/worming that were given. It is important that your puppy receive additional vaccinations necessary to keep it protected against infectious canine diseases. The Breeder is not responsible for any communicable diseases or reactions from vaccinations once the veterinarian has cleared the puppy in the first check-up that your puppy is to have within 3 (three) working days of the contract date. I Buyer agrees to provide veterinary care when needed or as suggested by their veterinarian. IV. Buyer agrees to feed a premium quality kibble or raw diet for the life of the dog. Living Arrangements/Welfare: I. Buyer shall provide a fenced yard/electric fence or exercise/bathroom area sufficient for safety and agrees to never chain or tie out the puppy/dog without direct supervision Buyer agrees that the puppy is to be a house pet only. Extensive time (alone) in outside areas, garage, or tied up outside is detrimental to the puppy. I The Dog is to be kept in the Buyer's living quarters. IV. Buyer agrees to provide proper and adequate shelter and fresh clean water at all times. V. Buyer agrees to be merciful in discipline. VI. Buyer agrees to daily exercise and socialization puppy/dog in amounts appropriate to the age of the dog. Required Updates: I. Buyer is required to send twice yearly updates concerning the dog. These updates should include two photos of the dog (We d love to see as many as you want to send!). Buyer also agrees that Breeder may use the photos in any future advertising or on our website. We are proud of all of our puppies and like to show them off! I If the Buyer moves from the address stated above, the Buyer shall, within 10 days of the address change, provide the new address and telephone number to Breeder. Reservation of Rights: I. Breeder reserves the right to enforce this contract in order to protect the welfare of the dog. The Buyer further expressly agrees that the Breeder may repossess the dog upon any evidence of neglect and/or abuse or upon any breach of this agreement, at no expense to the Breeder and with no refund of any monies to the Buyer. I If the Breeder does ask for the dog to be returned to the Breeder, due to neglect and/or abuse the dog shall be returned within 24 hours. I have read this page in its entirety and agree to the terms contained within. Buyers Initials Page 3 of 7
Microchip This puppy has a microchip implanted to verify the dogs identify and aid in any lost and found efforts. This information is only accessible by licensed veterinarians, state and county officials, and animal control agencies to be able to contact the breeder or the buyer in the event the dog becomes lost or separated from the owner. First Right of Refusal: I. If at any time, the Buyer finds that they are unable or unwilling to continue to care for this dog then the Buyer agrees to give the Breeder first right of refusal. If Breeder accepts, the dog and all appropriate AKC paperwork, microchip paperwork, and health records must be returned to the breeder at no charge. Buyer agrees that at no time will they, without prior written permission from the Breeder, sell, give, trade, lease, adopt, place, or re-home this dog to any person, business or organization. I IV. Buyer is responsible for all transportation costs and agrees to transport the dog to Breeder. If the Breeder is for whatever reason unable to take the puppy back, the Breeder must approve in writing the new home for any puppy/dog sold by Breeder. Such permission shall not be withheld unreasonably, but Breeder has the exclusive right to determine the suitability of any potential subsequent owner. If the puppy is to go to a new home, and not return to the breeder, all AKC paperwork must be returned to the breeder within 5 business days to prevent the dog s registration paperwork from being fraudulently altered to a full registration status. V. The Buyer agrees to contact the Microchip agency that the dog is registered with and has the ownership/contact information for the dog transferred into the Breeders name. Buyer agrees to have this completed within 24 hours of when the dog is given back into the Breeder's care. VI. If Breeder is not notified before the transfer of puppy, a penalty of $5,000 is owed by Buyer to Breeder. I have read this page in its entirety and agree to the terms contained within. Buyers Initials Page 4 of 7
HEALTH WARRANTY: No Other Warranties or Conditions are Neither Expressed nor Implied. We have our breeding stock evaluated by the Canine Health Information Center (CHIC), Orthopedic Foundation of America (OFA), and/or PENN Hip before officially placing them into our breeding program. These are nationally recognized health databases that provide accurate information about a breeder s health testing. For diseases that are limited to phenotypic evaluations, there are no guarantees. However, the probability that an animal will develop an inherited disease is reduced when its ancestry has been tested normal. These tests must be administered by specialists in the appropriate veterinary field of study and verified or analyzed by third party laboratories or specialty boards. It is a screening tool against genetic defects at the highest caliber and are not simply a health exam by a local veterinarian. Many breeders do not invest the time or money into these screenings. They say their dogs have been health tested, but will have every excuse in the book why they cannot prove certification at the national level. Our health certificates are available at your request. Although our Danes have been screened at the highest level of testing, it does not, however, guarantee that your puppy is exempt from acquiring any hip, cardiac or other ailments. It means that the parents have tested clear, and the probability of having an affected offspring has been drastically reduced. Mother Nature and genetics are extremely fickle and we want our puppy buyers to be aware that although we do our best to make sure that we are not producing puppies/dogs with health problems that sometimes they happen regardless of all the fail safes we put in place. Please consider health insurance on your puppy. It's a small price to pay if an unexpected accident or illness should occur, and can help prevent financial hardships or euthanasia in the event of lack of funds. Warranty Provisions All warranties are non-transferrable and are valid for the original buyer only. All veterinary expenses incurred by the buyer, after the puppy has left the breeder s possession, are the sole responsibility of the buyer. No refunds or monetary reimbursements will be given for veterinary care. Warranties are for replacement puppies only; no monetary refunds or reimbursements apply with the exception of the 3-day initial health warranty at the time new buyer acquiring the puppy. Warranties are limited to the original dog only. Replacement puppies are not covered under warranty. Replacement puppies (if applicable) will be made when a suitable replacement puppy becomes available. This puppy may or may not come from the next available litter. Replacement puppies must be of equal value, same sex, and same color. If a puppy of the same color will not be available within 1 calendar year, the buyer may choose an alternative color of equal value, or pay the cost difference between the original purchased color and the replacement color. Breeder reserves the right to have dog examined by a veterinarian of the Breeder s choice for a second opinion at the Breeders expense before any puppy is replaced. In the event of sudden death before puppy s 2 nd birthday, an autopsy must be performed to verify cause of death. If necropsy reveals death was caused by anything other than congenital or genetic factors, no replacement puppy will be offered. Necropsy must be performed at a state veterinary registered lab (i.e. NCSU) Abnormalities caused by accidents, injuries, improper diet, unhealthy weight, owner negligence, and excessive exercise or improper medical treatment are not covered by warranty. In the event the dog has become pregnant or sired a litter, all warranties are void. Breeder agrees that Buyer has choice of keeping or returning the original puppy. Buyer assumes all responsibility for transportation charges (costs) of replacement puppy to their home or to return a puppy to the Breeder. I have read this page in its entirety and agree to the terms contained within. Buyers Initials Page 5 of 7
General Health Warranty at the Time of Sale Puppy is warrantied to be healthy at the time of sale. Breeder has administered appropriate worming, vaccinations, preventative care, and had puppies examined by a licensed veterinarian before puppies are released to their new homes. Any minor defects or abnormalities will be documented and notated as an addendum to this contract and mutually agreed on prior to buyer acquiring puppy. Buyer is required to have puppy examined by a veterinarian of their choice within 3 business days of acquiring puppy. If the licensed veterinarian finds the puppy to be in ill health, the buyer may return puppy for a full refund of purchase price less any transportation costs. Puppy must be returned within 24 hours of veterinarian exam, with all original paperwork and registration, along with the veterinarian s full findings and report. Limited 2 Year Warranty If, within 2 years of puppy s date of birth, the puppy should develop issues as outlined below, the Breeder agrees to replace the puppy with a puppy of equal value and same gender but not to exceed the value of the original purchased puppy. Hip dysplasia: If this puppy receives an OFA report rating of Moderate or Severe Hip Dysplasia by 2 years of age, as determined by the Orthopedic Foundation of America or PENN Hip, Falon Creek Danes will provide a replacement puppy with proof of diagnosis and proof of spay/neuter. A copy of the official report along with a copy of the x-rays to verify positioning and microchip number must be sent to Breeder. Accident, injury, and improper diet that may have caused this condition does not qualify for a replacement puppy. X-ray s read by general veterinarians are not acceptable. No other ratings by OFA or any other entity qualify for a replacement. Cardiac If this puppy receives a diagnosis of congenital or genetic cardiac disease or deformity before 2 years of age, that is non-treatable, causes heart failure and/or premature death as documented by a Board Certified Veterinary Cardiologist, Falon Creek Danes will provide a replacement puppy with proof of diagnosis and proof of spay/neuter. A copy of the official report along with a written report of an echocardiogram and/or holter monitor must be sent to the breeder. Other Congenital Defects- If this puppy receives a diagnosis, before 2 years of age, of as having a debilitating congenital defect that in his/her opinion prevents your puppy from living a normal life and (1) requires euthanasia; (2) requires surgical treatment in excess of $3000, or (3) requires monthly medication in excess of $250 a month, Falon Creek Danes will provide a replacement puppy with proof of diagnosis by a Veterinary Specialist of Internal Medicine and proof of spay/neuter. All records and evaluations must be sent to Falon Creek Danes to qualify for a replacement. What is NOT covered Uneven bites, undescended testicles, hooded vulvas, inguinal or umbilical hernias, entropion, ectropion, cherry eye, haw eyes, cataracts, dry eyes, puppy acne, puppy pyoderma, allergies, coccidia, giardia, any other intestinal parasite,fleas, ticks, ear mites, regrowth of dewclaws, mange or parvovirus, distemper or any other contractable virus or disease. Panostetitis (Pano), Hypertrophic Osteodystrophy (HOD), Osteochondritis Dissecans (OCD), and Knuckling are common growth problems associated with Great Danes and are diet/exercise/pathogen related and are NOT covered under warranty. Cancer of any type is not covered by this warranty. Bloat and/or gastric torsion, spleen ruptures, ingestion of foreign bodies, and bacterial or viral infections including sepsis are not covered by this warranty. All other non-life threatening or treatable disorders. I have read this page in its entirety and agree to the terms contained within. Buyers Initials Page 6 of 7
Legal Recourse Buyer and Breeder agree that this agreement will be governed by the laws of the State of North Carolina and if either party initiate s legal actions pertaining to this contract then that action shall be initiated in the county of Caswell, state of North Carolina at the time legal action is taken. Any legal fees, attorney fees, court costs shall be the responsibility of the buyer. Unless this contract is signed in pen, with a copy of Buyer s proof of identity, and hard copy returned to the Breeder then all warranties are null and void. We, the undersigned, have read this contract and had ample time to discuss, have had any questions answered and so understand and agree to its terms and conditions. The written terms of this contract constitute the entire agreement between buyer and breeder. No other written, verbal or implied statements, promises, documents, or writings shall not have any effect on this contract unless whereas stated in the above. (Breeder Signature) (Buyer Signature) Rusty Smith (Breeder Printed Name) (Buyer Printed Name) (Date) (Date) I, picked up the above puppy on (Buyer) (Date) I have read this page in its entirety and agree to the terms contained within. Buyers Initals Page 7 of 7