es sales contract - 2011 1.3

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Puppy Sales ContractBrandywine English Shepherds

This agreement, made this _____date_____2011 is between Heather Houlahan (seller), residing at 147 Community Center

Drive, Harmony, PA 16037 and residing at . Seller and buyer are collectively

referred to as the parties.

The buyer agrees to purchase from seller a male/female puppy ("puppy," "this dog"), litter name of the

English shepherd breed from the Caledonia Danny Boy (sire) x Brandywine Briar Rose (dam) litter whelped on 26 July2011. Puppy's permanent Avid microchip number is:

The purchase price of the puppy will be , due on or before delivery of the puppy. Any and all shipping or

transport charges, including airfares, health certificate costs, shipping containers, and seller's delivery to an airport, arethe responsibility of the buyer.

A. The seller warrants that:

1. The puppy is in good health at the time of delivery and had been immunized and treated for parasites

according the attached health record.

2. The parents of this puppy have been evaluated for hip conformation by the Orthopedic Foundation for

Animals (OFA) and were both scored "OFA Good" as documented on the OFA open database and the English Shepherd

Club Registry (ESCR) database.

3. The puppy is in apparent good health, and no congenital or genetic defects are apparent at this time.

4. The puppy appears to be potentially suitable at the time of delivery for the buyers stated purpose of

. Seller makes no representation that the puppy will be successful at this purpose, or that the puppy is

suitable for any other purpose not stated by buyer.

5. All representations, written and verbal, seller has made regarding this puppy's ancestry, health,

temperament, and condition are, to seller's knowledge, true and correct.

6. If this dog develops congenital hip dysplasia rated moderate or severe by the Orthopedic Foundation for

Animals prior to 26 January 2014 seller will refund purchase price to buyer.

a) Dysplasia secondary to injury will not merit a refund. Injury includes, but may not be limited to, any history of

trauma to the hip joint, pelvis, rear limbs, or lower spine of the animal.

b) If the dog has been permitted to become overweight and scores a 4 or 5 on a standard body condition score (BCS) 5

point scale, a finding of dysplasia will not merit a refund.

b) Seller's liability is strictly limited to the amount of the purchase price, and does not include refund of transportationfees or any medical expenses, or any other expenses.

B. The seller agrees to:

1. Register puppy in buyer's name, using buyer's choice of name and with the Brandywine kennel prefix, with

the English Shepherd Club Registry within 60 days of execution of this contract or 30 days of all buyers from this litterinforming seller of each name choice, whichever comes latest. Seller will pay registration fees.

2. Inform buyer of all changes in address, telephone number, and email address within 30 days of change.

3. Inform buyer of any information about the genetic health of this dog's relatives when significant information

becomes available. Submit all such information to the English Shepherd Club Registry Database (ESCR dB).

Seller initials __________ Buyer initials ___________ Buyer initials ___________1


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4. Accept return of this puppy at any time during his or her lifetime in the event that buyer can no longer keep

the dog.

5. Provide buyer with ongoing reasonable guidance on care and training for the lifetime of this dog.

6. Accept return of this dog and refund buyer's purchase price for any reason within 7 days of purchase,

provided puppy is returned to seller in good health and condition, as delivered.

7. Accept return of this dog and refund buyer's purchase price if notified within 72 hours that buyer's

examining veterinarian detects a previously undetected congenital defect or communicable disease that was present at

time of purchase.

8. Register this dog's permanent microchip ID number with the applicable 24 hour tracking service, providing

both buyer's and seller's contact information to the microchip registry.

C. The buyer attests:

1. All representations I have made to seller, written or verbal, are true, complete, and correct, to my knowledge

and belief. Substantial misrepresentation by me will constitute grounds for ownership of this dog to revert to seller.

2. I have never been charged, convicted or pleaded no contest to any charge of cruelty, abuse, or neglect to an

animal or child, in any jurisdiction. Any prior charges of this nature will constitute grounds for ownership of this dog torevert to seller with no recompense or refund due the buyer. Any future conviction of this nature will automatically

revert full ownership of this dog to the seller, with no refund or recompense due the buyer, unless the applied law is thatof the City of Albuquerque, State of New Mexico.

3. I suffer from no physical or mental conditions, not disclosed to seller, that could interfere with my ability to

care for, train, and provide appropriate safety, direction and leadership to this puppy. No member of my household,

regular visitor, or person who could gain access to this puppy poses a risk to this puppy's safety or physical or mental

welfare.

D. The buyer agrees:

1. I will have the puppy examined by a licensed veterinarian of his or her choice within 72 hours of delivery,and inform the seller in writing of any significant or abnormal exam results within 24 hours of the examination. I

authorize seller to consult directly with my veterinarian about significant or abnormal health findings.

2. I will provide appropriate training, socialization, nutrition, and veterinary care consistent with the writtenand verbal guidelines provided by seller.

3. I will not allow this the puppy to be castrated or spayed before 26 January 2012. (6 months of age).

4. I will maintain this dog for the purpose indicated to seller, under humane conditions, and in accordance with

all applicable laws. I will never use or allow this dog to be used for any illegal purpose.

5. I will inform seller of any health condition that this dog develops that may be genetic or congenital in nature

or carry a genetic or congenital component, within 30 days of diagnosis, and inform seller, within 30 days of this dog's

death, of the date and cause of death.

6. I will inform seller within 48 hours if this dog should be lost, stolen, or missing.



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7. I will return puppy to seller in the event that I can no longer keep her/him, at any time during puppy'slifetime. Buyer agrees that this dog will not be sold, given away, surrendered or transferred to any person not party to

this contract without the written consent of the seller and execution of a new contract between seller and the dog's newowner. I agree to inform my heirs of this provision against the event that I predecease this dog.

8. I will inform seller and offer to return this dog if at any time I am considering euthanizing the dog for any

reason other than untreatable illness/injury or unrelieved pain.

9. I will pay all transport costs incurred to return dog to seller or her designated agent should this becomenecessary, either by my choice or the terms of this contract.

10. I will never attempt to register this dog with the American Kennel Club or Canadian Kennel Club, including

inclusion in the "Foundation Stock Service" or any future similar program. I will never attempt to obtain an indefinite

listing privilege (ILP) number for this dog with the AKC or CKC. I will never attempt to enroll this dog in the AKC

"Canine Partners" program or any future similar program. I will never attempt to register this dog with any entity as a

different breed, or compete in any sport as a different breed or as a "mixed breed." I will never attempt to register this

dog with any entity in such a manner as to conceal her/his identity. I will never attempt to conceal this dog's identity by

removing or altering the microchip number .

a) If original or replacement microchip becomes unreadable, is removed, or fails for any reason, I will have this dog re

microchipped within 24 hours of discovery and notify seller in writing of the new microchip number within 24 hours of

implantation, along with all authorization and documentation necessary for seller to register the new number.b) If this dog has an adverse reaction to the microchip that necessitates its removal by a veterinarian, I will notify seller

within 24 hours and arrange for alternative permanent identification and registration in consultation with her

11. I will never enter this dog any conformation competition. I understand that seller may provide me with

written permission to present this dog for conformation evaluation/breed survey sponsored by the English ShepherdClub or another organization, should such evaluations become available at a future date.

12. I will have this dog radiographed and evaluated for congenital hip dysplasia no later than 26 January 2014

(30 months) and communicate the results to seller within 15 days of receipt.a) Hip evaluation shall include evaluation and rating by the Orthopedic Foundation for Animals (OFA) and/or

evaluation and rating by the University of Pennsylvania Hip Improvement Program (PennHIP) and/or evaluation and

rating by Ontario Veterinary College (OVC). The opinion of a private practice veterinarian or preliminary evaluation willnot fulfill the requirement for evaluation.

b) If this dog is evaluated by the OFA or OVC, buyer will select the open database option at the time of

radiograph and allow dog's results to be published

c) If this dog is evaluated by PennHIP, buyer will forward a photocopy of the report to seller and allow seller to

publish results in the ESCR database and elsewhere.

d) PennHIP evaluation will satisfy the terms of this contract if conducted after 26 July 2012 (12 month birthday)

OFA or OVC evaluation will satisfy the terms of this contract if conducted after 26 July 2013 (24 month birthday.)

13. I will maintain this dog in accordance with all applicable laws, including laws governing vaccination,

licensing, housing, and public health.

a) I will inform seller within 48 hours in the event that any change in a local or state law in the place where I

reside, or change in residence shall render it impossible for me to legally maintain this dog under the terms of thiscontract.

b) I will return the dog if requested by seller if I cannot maintain the dog under the terms of this contract and

remain within the applicable laws.

14) I will agree that I will not acquire or raise on the same site as this pup, any puppy born between the dates ofJanuary 26, 2011 and January 26, 2012 (within six months of this pup's birthdate) before the date of July 26 2012 (pup's one

year birthdate). This clause does not apply to short term fostering of puppies for rescues or shelters.



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E. The buyer agrees:

1. I will not breed this animal prior to the age of 24 months, 26 July 2013. "Breeding" shall mean allowing anintact male to service any bitch, or allowing a bitch to tie with any intact male, or any artificial procedure intended to

effect conception. I will not breed this bitch on two consecutive heat cycles or twice in any 12 month period. I will notpermit this bitch to become pregnant more than four times in her lifetime.

2. I will not breed this dog prior to the issuance of a Fair, Good, or Excellent hip rating from the OFA or a

normal rating from OVC issued on radiographs taken after 26 July 2013, or a PennHIP DI below the breed median with noevidence of DJD issued on radiographs taken after 26 July 2012. Seller reserves the right to liberalize these criteria in

individual instances at her sole discretion. All waivers and alterations will be in writing only. Buyer should contact seller

to discuss options if this dog receives a PennHIP DI rating slightly above the breed median or a Borderline rating from

OFA and buyer still wishes to consider breeding.

3. I will exercise due diligence to prevent this dog from breeding prior to 24 months of age and issuance of an

acceptable hip rating. I will inform seller immediately in the event of an accidental breeding and discuss available

options.

4. I will neuter this dog within 60 days of receiving the rating in the event that the dog fails to rate a Fair or

better from OFA, or a DI below the breed median, or a Normal rating from OVC, unless otherwise exempted in writing by

seller.

5. I will not breed this dog to any animal that has been diagnosed with or is suspected of suffering from hipdysplasia or any other genetic condition that seriously impairs the animal's health or quality of life, or has the potential to

substantially affect the quality of life of his/her descendants, including but not limited to epilepsy, deafness, vision defects

luxating patella, autoimmune disorders, severe allergies.

6. I will not breed this dog to any animal that has failed to secure an normal hip clearance as defined in E.2.,

whether that animal's radiographs were found to be non normal by the rating entities, or the animal was neverradiographed and evaluated, or received only a preliminary score, without written waiver from seller.

7. I will not breed this dog, and will neuter this dog in a timely manner. should he be diagnosed with any

genetic or possibly genetic condition that substantially affects his quality of life, or has the potential to substantially affectthe quality of life of his descendants, including but not limited to epilepsy, deafness, vision defects, luxating patella,

autoimmune disorders, severe allergies.. This clause shall not be construed to require neutering any dog that, in the

opinion of buyer's veterinarian, should not undergo neutering surgery due to an elevated health risk of the procedure.

8. Buyer may have this dog neutered by a licensed veterinarian at any time after 26 January 2012 (six month

birthday), at his own discretion. No portion of this contract should be construed to prohibit buyer from having this dogneutered after six months of age. Seller does not recommend neutering prior to one year of age in most instances.

F. Breach and Damages

1. This contract is executed under the jurisdiction of the Commonwealth of Pennsylvania, which also has

jurisdiction in case of breach by either party.

2. In case of breach of provisions of sections E. or C.2., or in case of subsequent conviction or no contest plea to

cruelty to animals or child abuse or neglect charge by buyer, damages shall consist of immediate forfeiture of this dog to

seller without compensation by seller, and immediate forfeiture, with transfer of all registration, of any offspring owned

by buyer and, in the case of breech of section E., the proceeds from the sale of any offspring or stud services performed

before discovery of breach by seller.



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3. Breach of clauses D. 10 or D. 11 shall result in buyer immediately forfeiting ownership of this dog, plusdamages amounting to $5,000 US.

4. All returns of this dog to the seller or her agent, for any reason, shall include a transfer of registered

ownership from buyer to seller or her agent, under the procedures of the ESCR and any other entity with which buyer hasregistered this dog. Buyer agrees to assume costs of transport for any return of this dog to seller or her agent. Buyer

agrees to supply all health, training, registration and legal records pertaining to this dog to seller or her agent at the time

he/she returns the dog.

5. Misrepresentation by buyer or breach of buyer's responsibility in any clause of this contract nullifies seller's

guarantees and further obligations to buyer, with the exception of B. 4. Buyer will always accept return of this puppy or

designate an agent to do so.

6. No specific provision of this contract may be construed to exclude other remedies not enumerated.

7. Buyer agrees to pay all legal and other costs incurred by seller pursuant to enforcement of the provisions of

this contract

___________________________________ __________________________ ___________________________

seller buyer buyerHeather E. Houlahan name -

me date date -e


es sales contract - 2011 1.3

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