EQUINOX PERM® SALES CONTRACT

~ This page shall constitute a receipt. This Agreement is void unless signed by all the purchaser[s] and by the Seller or authorized agent ~

We must receive your Application To Adopt and have it approved before we can commit to selling you an Equinox Doberman Puppy.

***NOTE: By signing this Agreement I state that I am obtaining this dog for a personal &/or show companion only, that I am not a dog broker, that I am not purchasing the dog for resale, and that any puppies resulting from a deliberate or accidental breeding of this dog/bitch shall immediately become the sole property of the Breeder to do with as she sees fit. Failure to comply with any of the terms of ownership, requirements and responsibilities or if the dog suffers from improper diet, abuse or misuse and emotional or physical neglect will result in the immediate repossession of the dog by the Breeder without civil recourse by the Purchaser.

This is a legally binding contract and you may wish to consult an attorney prior to signing it.

The following agreement is mutually stipulated between the Breeder, JUDY BOHNERT, also known as EQUINOX Perm ® Kennels [hereafter referred to as the Seller] and [Name Of Purchaser[s] as expected on the CKC Individual Registration Certificate] [hereafter referred to as the Purchaser].

WHEREAS, the Purchaser desires to purchase and the Seller agrees to sell the hereafter described dog. The term 'dog' refers to the animal described in the receipt section, regardless of age and/or sex of the dog. The Seller certifies that the dog is eligible for registration under the Regulations of the CKC [Canadian Kennel Club], and will be eligible for registration with the American Kennel Club [AKC] as well. The Seller will provide the appropriate CKC registration papers according to this Agreement. The Seller reserves the right to affix the kennel name "EQUINOX " and supply a registry name for the dog. Puppies are tattooed for identification. Puppy dewclaws will have been removed, the tail will have been docked and the puppy will be cropped. Precautions have been taken prior to and after the breeding to see that this litter is free from hereditary and environmental problems. Parents are DNA tested and vet certified healthy. This Sales Agreement/Replacement Policy is to have been entered into in the Province of British Columbia, Canada, regardless of where it is signed and is for the sale and purchase of one purebred dog of the Doberman breed and is based upon the terms and conditions stated in this agreement. All parties concerned have read and agree with all of the conditions. It is further agreed that disputes shall be settled by arbitrators agreed upon in advance by all parties concerned. Any court costs are to be paid by the party that loses the arbitration or court dispute.

SELLER'S REPRESENTATIONS:

SHOW PROSPECT PUPPY

The purchaser agrees to pay the Seller $______________________ [$________.00] for a Show/BREEDING PROSPECT puppy, of which $200.00 is Surety of Action. Purchaser and Seller agree that this puppy is being sold as a SHOW/BREEDING PROSPECT. Seller has used her best judgment and the advice of other fanciers of the breed in evaluating these puppies as to show or pet quality. Show / Breeding Prospect pups go beyond the definition of Pet Pups and are free of any CKC disqualifying faults or major faults for the breed at the time of sale; this limitation covers major faults for six months after the date of purchase. This does not constitute a guarantee that this puppy will complete its championship or will be successful in the show ring as an adult and no warranties are made to that effect. It is understood that with proper care on the part of the Purchaser, the dog or bitch should be of acceptable temperament and structure to embody the basic standard for the breed.

Show Prospect puppies are often sold on a co-ownership with one or both breeders. If used for breeding, they must pass health tests specified before being bred to an appropriate mate. The Purchaser agrees to collect semen from the animal IN THE SELLER’S NAME, not in the Purchaser’s name and at the Purchaser’s expense prior to neutering him if the decision to neuter has been made. The semen collected shall be shipped to the Seller and the Seller shall be responsible for shipping and storage of the same.

If the Dog remains intact, the Purchaser agrees that the Seller may, at their option, obtain two free stud services upon maturity and AFTER health testing results have been received by the Seller [all testing is to be completed after two years of age]. Seller encourages Purchaser to participate in the sport of exhibiting purebred dogs and will attempt to be available to assist Purchaser in preparing and showing dogs which are evaluated to be of Show Prospect quality.

Purchaser acknowledges that he/she has the knowledge of and understands the requirements and special care necessary for the Show/Breeding Prospect dog/bitch.

The Seller desires that the Purchaser exhibit the dog to his Canadian &/or American Championship, Purchaser assumes responsibility for all entry and handling fees, and shall endeavor to have the dog shown to that end preferably by a handler recommended by the breeder, whom they feel will be best able to present the dog, unless otherwise agreed upon in writing,. 

Purchaser agrees that if the dog is used at stud it will so be used to best serve to protect and preserve the best qualities of the breed and with the full knowledge, support and guidance of the breeder of the stud dog. It is not to be used for breeding on dogs or bitches that carry disabling or disqualifying faults. Purchaser agrees to only breed dog to dogs that are either CKC or AKC registered dogs of the same breed and of a desirable quality as defined by the CKC or the AKC standard for the breed. Additionally, the dog being bred to must have a proper scissors bite [not undershot or overshot] with proper occlusion and should have all its teeth and no extras.

Further, Purchaser agrees that if the dog is bred for any reason contrary to the items above, Purchaser will pay to seller the sum of $5000.00 in damages and turn over the dog and any applicable signed Individual Registration papers immediately [a routine check will be made with CKC &/or AKC on a yearly basis].

PET PROSPECT PUPPY

The purchaser agrees to pay the Seller $ ___________________________ [$______.00] for a pet PROSPECT puppy, of which $200.00 is Surety of Action. Purchaser and Seller agree that this puppy is being sold as a PET PROSPECT. Seller has used her best judgment and the advice of other fanciers of the breed in evaluating these puppies as to pet quality.

This contract is meant to protect both the seller and the buyer, and to ensure the best possible future of our wonderful breed.

NOW, THEREFORE, it is mutually agreed between the Seller and the Purchaser that the Dog is sold pursuant to the terms of this Sales Agreement as follows, which have been initialled by Seller and Purchaser:

SELLER PURCHASER

At the time the Purchaser takes physical possession of the Puppy, that portion of the Deposit taken and known as Surety of Action shall be applied to the Purchase Price.

______ ______1] Health replacement policy: We have certified that the dam is free of parvovirus, kennel cough and therefore the get is also healthy and free of any environmental viruses by way of their natural immunity from their dam's milk supply. The dam's coat and skin is in excellent condition, indicating that she does not have any skin problems or immune problems. Both sire and dam have been tested for hip dysplasia & thyroid [OFA], CERF, and Vetgen vWD [DNA], of which all owners will receive a copy of.

When the puppies leave our premises, we guarantee they are in excellent health and physical condition. They have no fleas or ticks or ear mites.

All other health factors are in the hands of Mother Nature and not guaranteed. We have made every effort to ensure that both parents and certainly the dam is in the best of health and condition. No one can predict the future and we can't control how puppies are cared for or fed or exercised once they leave our premises, therefore we can't guarantee anything further. All other issues are discussed throughout this contract.

The Sire and the Dam of this Dog have each been tested for the following:

PLEASE NOTE: The most any Seller can legitimately guarantee is that a particular dog is healthy the day it goes out the door and it will live until the day it dies. Period. Now, a Seller can have a replacement policy with whatever conditions and restrictions they deem appropriate and that is exactly what we offer. A replacement policy is not the same as guaranteeing the health of the puppy. A replacement policy simply warrants the dog to be in good health and free from parasites and current, as appropriate by virtue of age, on vaccinations as of the time of sale. Further, we can and do warrant that both the sire and dam's hips have been x-ray'd and evaluated by the OFA [Orthopedic Foundation for Animals] in the United States and have been found to be of the grade of "Good" or better by the OFA and that they are both free of canine hip dysplasia.

This replacement policy becomes effective only if, at the option of the Purchaser and at his/her own expense, the Dog is examined by a licensed Veterinarian of his/her choice within forty-eight [48] hours of actual possession of the Dog. If the Dog is found to be unhealthy or deformed and of sound temperament it may be returned to the Seller within seventy-two [72] hours of the examination, at the Purchaser's expense. Any health claims must be made in writing within this time period. A written, signed statement from the examining Veterinarian shall accompany the Dog. This letter must include the Dog's name and identifying tattoo number as noted by the Veterinarian upon his examination. Failure to do so will relieve the Seller of any and all liability. The Seller then has the option to personally inspect the Dog. The Dog is guaranteed for a period of two years [most problems show up before this time] against any hereditary or congenital defects which affect the quality of life. Provided that the dog has not been damaged in any way, the purchaser will then be entitled to a replacement puppy. Upon veterinary confirmation of these defects the owner has the option of returning the dog and a replacement will be made as soon as another puppy is available, or the owner can keep the dog and upon its demise we will replace the dog, if we are still breeding Dobermans.

We do not refund money after two years nor will we pay for veterinary bills at any time if the owner decides to keep a defective dog and do surgery, etc. We will take the dog back and deal with the problem ourselves. 

Should the Dog be diagnosed with any genetically derived medical disorder which is sufficiently serious to warrant euthanization of the dog in the opinion of two un-associated and equally qualified veterinarians, one of whom shall be selected by the Seller, the Seller agrees to a replacement with the following conditions:

Replacement shall be a Dog of equivalent quality if available at the time

OR

Replacement of the dog shall be with one of equivalent quality from the first litter bred by the Seller after the dog in question. It is understood as well that there will be NO CASH REFUND under any circumstances.

Suspicion of Dilated Cardiomyopathy MUST be confirmed in writing by a qualified cardiologist.

There are many factors that can influence growth and development, such as diet, exercise, weight gain, etc. The Purchaser assumes the responsibility to carry on with the appropriate vaccinations, exercise and feeding schedule, as recommended by the Seller.

MOST PARTICULARLY, the Purchaser agrees to keep the puppy slim [not skinny], especially throughout its normal growth period. If the puppy/adult dog is found at any time during its lifetime to be overweight and health problems result from the weight issue, including hip dysplasia, the Purchaser understands that any warranty or guarantee is null and void. The Seller can offer no further guarantees once the care of the puppy is no longer under their control. Other than the above-referenced medical replacement policy, the Seller assumes no responsibility for this Dog after it leaves the premises. Problems such as medical expenses, landlord disapproval, dog allergies, family disagreements, mortality, etc. shall be solely the responsibility of the Purchaser.

______ ______2] Purchase Price/Registration: The Seller certifies that the dog is eligible for registration under the Regulations of the CKC [Canadian Kennel Club] and/or the AKC [American Kennel Club] as a purebred Doberman. The Seller reserves the right to affix the kennel name "EQUINOX " in the prefix position of the Dog's CKC/AKC individual registration papers and to supply a registry name for the dog. It is the Purchaser's responsibility to register the Dog with the American Kennel Club [AKC] if so desired and to pay any fees required for the same. The Seller will endeavor to help the Purchaser as much as reasonably possible to correctly complete this task. 

If the dog is sold as a pet the dog is to be neutered when he nears maturity and the Purchaser agrees to provide a copy of the Proof of Sterilization certificate to the Seller. It is further agreed by the Purchaser and the Seller that, upon receipt of Proof of Sterilization, the Seller shall, especially in the case of a male, withhold the Dog's individual registration papers for up to six months AFTER the neuter certificate has been received by the Seller. [this ensures that no puppies can or will be accidentally or knowingly produced by this dog as it is a proven fact that altering a dog does not mean it cannot reproduce for at least 6 months post surgery]. The Dog shall then be registered in the Purchaser's name[s] only.

If the dog is sold as Show Quality and is to be neutered the Purchaser agrees to have the dog collected for the Seller IF requested to do so by the Seller and to provide a copy of the Proof of Sterilization certificate to the Seller.

______ ______3] Terms of Resale/RIGHT OF FIRST REFUSAL: The Seller has a proprietary interest in their kennel name and its reputation can be damaged if an animal bred or sold by them falls into inappropriate hands. At all times the health and welfare of the Dog will be of primary importance. In the event that the Purchaser[s] are unable to keep the dog or provide an appropriate home in accordance with this agreement or if, for any reason whatsoever, they decide to relinquish, sell, trade, transfer, give away, dispose of the dog to any third party or in any way cause this dog to leave from permanent residency with the Purchaser agrees that the Seller or an authorized Agent shall have full right of first refusal [which must be sent to EQUINOX Perm ® via Certified Mail at least thirty days in advance]. The Seller has the first option to take the Dog back into their ownership, accompanied by the appropriate signed registration papers, for the nominal price of one dollar without refunding the purchase price and without recourse by the Purchaser. The Seller or authorized Agent must be given fifteen [15] days from receipt of the right of first refusal to respond. The Seller may, upon notification receipt, exercise any of the following options:

1. Decide to keep the Dog in which case the Seller will refund the Purchaser an amount to be negotiated at that time that shall not exceed the original purchase price less the non-refundable Surety of Action Deposit or Decide on the basis of condition, conformation and temperament to spay or neuter the Dog and place it in a pet home in which case no monies will be refunded, or Resell the Dog to a suitable home in which case all expenses incurred by the resale [i.e. - advertising, board when with the Seller, etc.] shall be deducted from the selling price and any difference [to a total not to exceed the original purchase price less the non-refundable Surety of Action Deposit] shall be refunded to the original Purchaser or

2. If the Seller knows of someone that she approves of who may be interested in the Dog, the Seller will supply this prospective Purchaser with the original Purchaser's name and address so that a personal contact and any subsequent arrangements may be made without the Seller's intervention. Any Purchaser other than the Seller must be approved of by the Seller in advance and an identical agreement such as this agreement must be executed in order for the original Purchaser to be able to transfer the Dog to a new owner. Such approval will not be unreasonably withheld by the Seller on the condition that the prospective Purchaser agrees in writing to be bound by the provisions of this Agreement.

3. It is understood that the Seller is under no legal or moral obligation to take the Dog back but if it is agreed that she shall do so, the Dog's ownership shall be signed over to the Seller immediately and no money whatsoever shall be refunded unless otherwise agreed upon in writing. Failure to meet any of the conditions in the Terms of Resale obligates the Purchaser to return to the Seller, by cashier's check or bank money order made out to Judy Bohnert, an amount equal to the purchase price paid for the Dog and to do so within thirty [30] days of disposition of the Dog. The Purchaser understands that any failure to comply with the terms set down in the Terms of Resale will result in an immediate court action by the Seller for recovery of the purchase price along with any related court costs.

The Purchaser _____________________________________ and the Seller ________________________________ have read and consent to the terms and conditions of the Terms of Resale as stated above on this _____ day of _____________, 200__.

PURCHASER’S GUARANTEE

______ ______[1] The Purchaser agrees that all information contained on the ADOPTION APPLICATION is true and correct and that the Seller or an authorized Agent has informed them of any genetic problems that do or may exist and that the Seller or an authorized Agent agrees to replace the Dog with one of equal quality [not necessarily of the same breeding] should this dog die within one [1] year of the date of birth from a previously undetected birth defect.

______ ______ [2] The Purchaser agrees that there will be NO cash refund under any circumstances.

______ ______ [3] The Purchaser agrees to care for the Dog lovingly and to maintain the dog in a humane and adequate environment, with training that is sufficient to insure that the Dog is under control and will be a good canine citizen, with appropriate socialization and in good health and proper condition, which includes regular exercise throughout the Dog's life.

______ ______ [4] The Purchaser agrees to feed the Dog a well-balanced, commercial Dog Food that can only be purchased at a pet supply store. It is highly recommended by the Seller that the Dog always be fed a quality food, [in order of preference] such as Orijen, Canidae, Innova, Wysong, Eagle Pack Holistic Select, etc. and never BARF [RAW], Costco brands, Pedigree Pal, Purina or any cheap, grocery store variety of dry dog food.

______ ______ [5] The Purchaser agrees that the Dog will not be allowed to run loose or roam unless with the Purchaser in a reasonably secure area and under adequate verbal control and kept on a leash. Confining the Dog by keeping it chained up or tied in any manner while unattended or allowing the dog to run at large or maintaining the Dog primarily in a kennel situation is strictly forbidden and could result in the dog being repossessed for placement elsewhere. The Dog shall be kept as a house pet, exercised in a fenced yard and must be at all times protected from extreme natural elements.

______ ______ [6] The Purchaser agrees to license the Dog and to abide by the leash laws in accordance with the laws and ordinances of the City, Province, Municipality, County or State in which the Purchaser lives and to ensure that the Dog wears a collar and ID tags at all times.

______ ______ [7] The Purchaser agrees to never allow the Dog to ride in the open bed of a pick-up truck.

______ ______ [8] The Purchaser agrees to inform the Seller of any and all changes of address and/or telephone number throughout the lifetime of the dog.

______ ______ [9] The Purchaser agrees to have the dog's permanent OFA hip and elbow evaluation done as soon as the dog is 24 months of age, whether or not the dog is being shown. It is also agreed that the dog's eyes/vision be tested by a board certified ophthalmologist affiliated with the Canine Eye Registration Foundation [CERF] and the Dog shall be re-CERF'd annually, for life. The dog's full panel thyroid test shall be sent to and performed by Michigan State University or OFA. The Purchaser agrees to allow the Seller to have the dog DNA tested for vWD by Vetgen and the Purchaser agrees to pay the clinic price of $99.00 USD to the Seller PRIOR to taking possession of the dog. The Purchaser also agrees to forward a copy of any and all test results done on the dog to the Seller within thirty [30] days of the Purchaser’s receipt of each test result. 

______ ______ [10] The Purchaser agrees to notify the Seller [see Terms of Resale] if any unfortunate contingency arises. They will not abandon the Dog to a shelter or sell or transfer or give the Dog away without thirty [30] days notice. If the Dog is found to have been sold or given away without the Sellers knowledge or written consent and said Seller discovers this, the Seller will take immediate legal action and the original Purchaser of the Dog will be responsible for all legal expenses incurred.

______ ______ [11] The Purchaser agrees that since the Seller has a proprietary interest in their kennel name and their reputation can be damaged if an animal bred or sold by them falls into inappropriate hands, any breach of this Agreement would damage EQUINOX Perm ® in a way that could not be adequately compensated by monetary means. The Purchaser thereby agrees that the breach or any threatened breach of this Agreement by the Purchaser may be appropriately restrained by an injunctive order for the Purchaser to return the Dog to the Seller or an authorized Agent, granted by a court of appropriate jurisdiction, with no refund if any of the conditions are not met by the Purchaser. The Purchaser further agrees that the actual damages that might be sustained by EQUINOX Perm ®, the Seller or an authorized Agent, by reason of the breach of this Agreement by the Purchaser, are uncertain and would be difficult to ascertain, with the exception of a breach of the Terms Of Resale [Section 7], and that, in addition to the injunctive relief agreed to [see above], the sum of TWO THOUSAND DOLLARS [$2000.00] would be a somewhat reasonable compensation for such damages. The Purchaser hereby promises to pay and EQUINOX Perm ® , the Seller agrees to accept such sum as liquidated damages and not as a penalty in the event of the said breach.

______ ______ [12] The Purchaser agrees that they will, from time to time, for at least the first twelve months of ownership, advise the Seller of the Dog's progress by virtue of photographs or video tapes showing the condition of the Dog and will not hesitate to contact the Seller with any problems or questions that the Purchaser may have concerning the Dog throughout the ownership.

______ ______ [13] The Purchaser agrees that if any of the conditions of this Agreement are not met or maintained by the Purchaser, the Purchaser agrees to return the Dog to the Seller with all the pertinent CKC &/or AKC documents endorsed properly to facilitate the transfer of registration to the Seller as full owner or the Seller or their authorized Agent shall have the right to repossess the Dog without reimbursement to the Purchaser and the Purchaser agrees the Seller shall in this case and by the Purchaser's signature below, have for the Purchaser the Power Of Attorney to endorse and transfer the CKC and/or AKC registration to the Seller as full owner.

This contract is meant to protect both the Seller and the Purchaser, and to ensure the best possible future of our wonderful breed.

This Agreement is VOID unless signed by ALL PURCHASER[S] and by the Seller OR Authorized Agent.