Biewer Terrier Sales Contract

BIEWER TERRIER AGREEMENT Of PURCHASE AND SALE

This AGREEMENT REGARDING THE PURCHASE AND SALE OF A BIEWER TERRIER (hereinafter “Agreement”) effective as of _________________, 2009 is entered into by Gayle Pruett (hereinafter “Seller”) and NAME OF BUYER HERE (hereinafter “Buyer) of BUYER’S COMPLETE ADDRESS HERE for the purpose of setting forth the terms and conditions of the purchase by Buyer of one Biewer Terrier puppy from the litter whelped on _____________, a ______ (male/female) puppy, currently known as Puppy’s Name (hereinafter “Puppy.”)

Agreement

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties hereby agree as follows:

1)Purchase Price.

For the sum of $________ (United States Dollars), Seller agrees to sell and Buyer agrees to buy Puppy. Fifty percent of price is required to hold the puppy and is a non-refundable deposit. The balance shall be due in full when the puppy is picked up or before it is shipped. If the balance is not paid by _____________ (date), the sale of Puppy will be void and deposits paid will be forfeited.

2)Transportation of Puppy.

Puppy will not be released to Buyer until it is at least fourteen (14) weeks of age. Transportation shall be agreed upon by Seller and Buyer. Buyer will be responsible for all transportation fees and costs.

3)Health of Puppy.

Sale is contingent upon full veterinary approval within 5 days, if this purebred dog does not have your veterinarian's approval; please return Puppy to breeder's premises immediately for a full refund. If Puppy dies, an autopsy must be given within forty-eight (48) hours of death for proof of disease. If this dog develops a serious hereditary disease or other life threatening congenital disease, with the exception of luxating patella's which cannot be guaranteed on any toy dog as injuries are common similar to a trick knee on a football player, or trachea problems which can be the result of careless intubation or severe bronchitis, specifically, but not limited to Legg Perthes (one year guarantee) or liver shunt, within the first two (2) years of life, a full refund or another puppy shall be given as a replacement, whichever is mutually agreeable. Any genetic disease must be diagnosed by a veterinarian or of Seller’s choice at Seller’s expense.

4)Inoculations.

Puppy will be started on his/her heart worm prevention, and had all his/her puppy shots. The only shot the Puppy will need after you receive him/her is a rabies vaccine. We do not vaccinate nor recommend a rabies vaccine until the puppy is at least 6 months, preferably 1 year old due to their size. Since Puppy has been fully vaccinated, if you give him/her another vaccination before his/her yearly booster is due this contract is void.

5)Registration.

Puppy will be registered with the Biewer Terrier Registry of America (“BTRA”) and sold only on a spay/neuter contract. Buyer agrees to have Puppy altered by the time it is 6 months old. Buyer also agrees to provide Seller with a veterinarian endorsed spay/neuter certificate. Registration of the Puppy will be withheld until documentary proof of spaying or neutering is provided. If Buyer does not provide a certificate of spay or neuter from a qualified veterinarian by the time the Puppy is 6 months of age, Buyer will pay Seller an additional $2,500.00 for that privilege.

6)Agency or Broker Restriction.

Buyer agrees that she is not acting as an agent or broker in the purchase of Puppy.

7)Future Residence and Living Conditions of Puppy.

Seller agrees that Puppy will:

1. Reside at the home of Buyer,

2. Have access to a fenced yard,

3. Will not be chained nor tethered,

4. Will not be caged, *

5. Will be provided with proper housing,

6. Will be provided with proper diet,

7. Will be provided with proper grooming,

8. Will be provided with proper exercise,

9. Will be provided with proper medical care,

10. Will be provided with annual inoculations, according to AVMA guidelines,

11. Will be regularly inspected and treated for fleas, ticks, and other parasites,

12. Will be spayed or neutered by the time Puppy is 6 months/years of age.

*NOTE: As used here “caged” refers to the practice of forcing a dog to live most of its life in a cage. This does not refer to the practice of putting a dog into a crate for transportation, sleeping, or humane training purposes.

8) Required Future Notifications.

Buyer will keep Seller informed of significant health, temperament or behavior problems encountered throughout the dog’s life. Buyer will provide pictures and updates of dog’s progress as reasonably requested by Seller. Buyer will notify Seller in writing of an address change or telephone number or E-mail change within two (2) weeks of such a change. To the best of his/her ability and knowledge, Seller will keep Buyer informed of significant hereditary health problems encountered in other dogs whelped from the same lines as Puppy.

9)Relinquishment of Ownership.

In the event that the Seller is unable to keep the dog or provide an appropriate home in accordance with this Agreement, Seller shall be given the option to purchase Puppy from Buyer, at a price to be determined at that time. At no time shall Puppy be abandoned to a shelter. If Puppy is found to have been sold, abandoned or given away without Seller’s knowledge and Seller discovers this, Seller will take legal action and the original Buyer of the dog will be responsible for all legal expenses incurred.

10)Severability.

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.

11)Amendment; Waiver; Etc.

No provision of this Agreement may be waived, amended or otherwise modified unless such waiver, amendment or modification is agreed to in writing and signed by both parties hereto. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which is not expressly set forth in this Agreement.

12)Binding Effect; Successors.

This Agreement may not be assigned by either party hereto without the prior written consent of the other party, but shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns by operation of law.

13)Construction.

All questions concerning the construction, validity and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Alabama without regard to its conflict of laws or choice of laws provisions. Any dispute arising between the parties hereto concerning the meaning or interpretation of this agreement, or the rights, duties, or obligations of the parties to this agreement shall be submitted to and determined in Chilton County, Alabama.

IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by each of the parties, intending to be legally bound, hereto as of the date first written above.

ATTEST Gayle Pruett

DATED: __________________ By: __________________________________________________

Breeder/Seller

ATTEST Buyer

DATED: __________________

By: ___________________________________________________

Purchaser

Thank you and congratulations on your new family addition.

Once we have come to an agreement, and you fully understand the terms of this contract, please fill out the form below and click "I accept". When your check is received I will notify you by e-mail.

Food ~ Purina Pro Plan chicken and rice Breed Puppy Chow.

No soft food. I make food and water available at all times.

Vaccine ~ Duramune Max 5-CvK (The Puppy Shot) Canine Distemper, Adenovirus Type 2, Coronavirus, Parainfluenza, Parvovirus. (MLV & KV) (Ft. Dodge) Has the KF-11 isolate of parvovirus.

Heart worm prevention ~ Revolution(once a month treatment) Started when the puppy is 12 weeks old. This also guards against other parasites.

I do not recommend Rabies vaccine until the puppy is at least 6 months old and will not vaccinate before then. You may talk with your Vet. and make a decision at that point whether you will vaccinate earlier.

Hypoglycemia

Hypoglycemia is defined as abnormally low blood glucose (sugar) levels. The brain requires sugar for normal function, and unlike many other organs, the brain has a very limited ability to store glucose. Stress, low body temperature, poor nutrition, sudden change in feed, water and schedule patterns, infections, and premature birth may precipitate the onset of hypoglycemia. The signs and symptoms of hypoglycemia are similar regardless of the cause. These include lethargy, weakness, incoordination, seizures, nervousness, tremors and hunger. Some puppies may only exhibit weakness or a wobbly gait. In severe cases the puppy may become unconscious. By giving a quickly absorbed source of sugar (syrup, honey, or jam) by mouth you may be able to control the symptoms. If not treated it can result in death. Make sure your puppy has food and water at all times.

U.S. Copyright laws protect all materials

By filling in the information below and clicking the "I Accept" button, constitutes your electronic signature and signifies your intent to be bound by the terms of this contract. You may print a copy for your records.

Name:_
Address:_
City:_   ~ State:_   ~ Zip:_
Phone:_   ~ Cell:_  
Deposit amount:_   ~ Date mailed:_ 
Puppy Name:_

BIEWER TERRIER AGREEMENT Of PURCHASE AND SALE

BIEWER TERRIER AGREEMENT 
OF
 PURCHASE AND SALE

This AGREEMENT REGARDING THE PURCHASE AND SALE OF A BIEWER TERRIER (hereinafter “Agreement”) effective as of _________________, 2009 is entered into by Gayle Pruett (hereinafter “Seller”) and _________________________________________(hereinafter “Buyer) for the purpose of setting forth the terms and conditions of the purchase by Buyer of one Biewer Terrier dog from the litter whelped on ____________, a _______ puppy, currently known as _____________________________________________________ (hereinafter “Puppy.”)

Agreement

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties hereby agree as follows:
1)	Purchase Price.  For the sum of $_____________(United States Dollars), Seller agrees to sell and Buyer agrees to buy Puppy.  Fifty percent of cost is required to hold the puppy and is a non-refundable deposit.  The balance shall be due in full when the puppy is picked up or before it is shipped.  If the balance is not paid by _____________ (date), the sale of Puppy will be void and deposits paid will be forfeited.
2)	Transportation of Puppy.  Puppy will not be released to Buyer until it is at least fourteen (14) weeks of age.  Transportation shall be agreed upon by Seller and Buyer.  Buyer will be responsible for all transportation fees and costs.
3)	Health of Puppy.  Sale is contingent upon full veterinary approval within 5 days, if this purebred dog does not have your veterinarian's approval; please return Puppy to breeder premises immediately for a full refund. If Puppy dies an autopsy must be given within forty-eight (48) hours of death for proof of disease. If this dog develops a serious hereditary disease or other life threatening congenital disease, with the exception of luxating patellas which cannot be guaranteed on any toy dog as injuries are common similar to a trick knee on a football player, or trachea problems which can be the result of careless intubations or severe bronchitis, specifically, but not limited to Legg Perthes (one year guarantee) or liver shunt, within the first two (2) years of life, a full refund or another puppy shall be given as a replacement whichever is mutually agreeable. Any genetic disease must be diagnosed by a veterinarian or of Seller’s choice at Seller’s expense.
4)	Inoculations.  Puppy will be started on his/her heart worm prevention, and had all his/her puppy shots.  The only shot Puppy will need after you receive him/her is a rabies vaccine. We do not vaccinate nor recommend a rabies vaccine until the puppy is at least 6 months, preferably 1 year old due to their size. Since Puppy has been fully vaccinated, if you give him/her another vaccination before his/her yearly booster is due this contract is void.
5)	Registration.  Puppy will be registered with the Biewer Terrier Registry of America (“BTRA”) and sold only on a spay/neuter contract.  Buyer agrees to have Puppy altered by the time it is 6 months/years old.  Buyer also agrees to provide Seller with a veterinarian endorsed spay/neuter certificate.  Registration of the Puppy will be withheld until documentary proof of spaying or neutering is provided.
6)	Agency or Broker Restriction.  Buyer agrees that she is not acting as an agent or broker in the purchase of Puppy.  
7)	Relinquishment of Ownership.  In the event that the Seller is unable to keep the dog or provide an appropriate home in accordance with this Agreement, Seller shall be given the option to purchase Puppy from Buyer, at a price to be determined at that time.  At no time shall Puppy be abandoned to a shelter.  If Puppy is found to have been sold, abandoned or given away without Seller’s knowledge and Seller discovers this, Seller will take legal action and the original Buyer of the dog will be responsible for all legal expenses incurred.
	8)	Severability.  The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.
	9)	Amendment; Waiver; Etc.  No provision of this Agreement may be waived, amended or otherwise modified unless such waiver, amendment or modification is agreed to in writing and signed by both parties hereto.  No waiver of any breach of any provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions at the same or at any prior or subsequent time.  No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which is not expressly set forth in this Agreement.
	10)	Binding Effect; Successors.  This Agreement may not be assigned by either party hereto without the prior written consent of the other party, but shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns by operation of law.
13)	Construction.  All questions concerning the construction, validity and Interpretation of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Alabama without regard to its conflict of laws or choice of laws provisions.  Any dispute arising between the parties hereto concerning the meaning or interpretation of this agreement, or the rights, duties, or obligations of the parties to this agreement shall be submitted to and determined in Clanton. Alabama.

IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by each of the parties, intending to be legally bound, hereto as of the date first written above.

Thank you and congratulations on your new family addition.        Gayle Pruett

On June 30, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act(1) ("ESIGN" or "the Act"), to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Careful to preserve the underlying consumer protection laws governing consumers' rights to receive certain information in writing, Congress imposed special requirements on businesses that want to use electronic records or signatures in consumer transactions. Section 101(c)(1)(C)(ii) of the Act requires businesses to obtain from consumers electronic consent or confirmation to receive information electronically that a law requires to be in writing. The Act went into effect in October 2000.