Eagle River Wachtelhunds

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                         GUARANTEE and SALES CONTRACT

 

 

 

 

The following terms and conditions constitute a sales contract between David Pepe (here after referred as the Seller/Breeder) of Eagle River Kennels and ___________________ (here after referred as the Buyer).  The Wachtelhund puppy (here after is referred as dog) is from a litter out of Bell Vom Flint Hills Wachtelhunds (VDW 04-1000).  These terms and conditions are entered into and agreed upon by both Buyer and Seller/Breeder, and they acknowledge the moral and legal worth of this contract.  Executable and enforceable in the State and County of the Seller.

 

Therefore it is agreed that:

 

1.  This dog is sold for the price of $ 1100.00 with a DWNA registration.  A $ 200.00 deposit is required to hold the dog for the Buyer.  This deposit assures a dog is available to the Buyer, if the dog initially agreed upon becomes unavailable it will be replaced with a dog of equal or higher quality, if none are available the deposit will be returned.  The remainder is payable prior to, or at the time of delivery of the dog.  The Buyer will pay the shipping fees prior to shipping.  The Seller/Breeder will ship the dog with a health certificate and the Buyer has one week to take the dog to their veterinarian for a second health examination.  The Seller/Breeder will micro-chip the dog prior to shipping, this service is included in the price of the dog.  The Buyer will be responsible for the micro-chip registration fees.  The deposit and/or purchase price, not to exceed the total amount paid will be refunded or substituted with another dog under the following conditions:

 

a. No dog is available due to lack of quality or illness.

b. The Buyers veterinarian diagnoses the dog as being of poor health, or having genetic defaults.  Under this condition the dog must be returned to the Seller to prevent future breeding and passing on genetic faults.

c. Likewise, the deposit will be refunded if it comes to the attention of the Seller/Breeder that the Buyer could not provide a suitable home for the dog.

d. The buyer changes their desire to purchase the dog, prior to purchase.

 

2. The Seller/Breeder guarantees the dog to have a disposition, willingness and genetic desire to hunt, but still requires proper hunting training by the Buyer.  Also the Seller/Breeder guarantees the dog to be free of any congenital or genetic defects, or unsound temperament that would not allow the dog to be a useful hunting companion, or to live a comfortable life as a family pet until the age of 7 years.  If a genetic defect condition arises in the first 7 years which the dog has to be euthanized, then Seller/Breeder will replace the dog with a dog from a litter of 4 or more within 2 years, or next available litter, after the death.  The Buyer must provide a statement from a veterinarian as to the cause of death.  This clause will be void if the loss of the dog occurred because of an encounter with large or dangerous game, attack by another dog, accident, neglect, abuse, or negligence as determined by the Seller/Breeder.

 

3. Up to seven years of age, if the dog is diagnosed with hip or elbow dysplasia that precludes it from being a useful hunting dog.  The Seller/Breeder will refund the purchase price or provide another Wachtelhund from a litter of 4 or more within 2 years, at the discretion of the Seller/Breeder, provided the dog is returned to the Seller.  This is to prevent future breeding and passing on genetic faults.  The Buyer must provide a statement from a veterinarian and the Orthopedic Foundation For Animals Inc. (OFA) certification as to the dog’s hip and /or elbow condition.

 

4. All charges relative to shipping or delivering the dog to the Buyer are assumed by the Buyer.  If the dog is ever returned to the Seller/Breeder, all shipping charges are then, too, the Buyer’s responsibility.

 

5. We expect our Wachtelhunds to become life long members and companions of the Buyers families.  Therefore this dog may never be sold or given away or transferred to any group or individual, except back to the Seller/Breeder or to an individual selected by the Seller/Breeder, in forfeit of the purchase price.  In either case the dog’s DWNA-VDW registration shall accompany the dog, signed over to the Seller/Breeder or individual selected by the Seller/Breeder as the sole owner of the dog.  Any other transfer of this dog without the Seller/Breeder’s written permission shall make the Buyer liable for $2,000.00 (two thousand dollars) in punitive damages, payable on demand to the Seller.

 6. The Buyer agrees to:

a. Accept the dog as life long member of their family.

b. Provide suitable housing for the dog.

c. Provide proper veterinary care including annual vaccinations, parasite checks and control, and any preventative health care as recommended by a veterinarian.  

d. Train the dog for hunting according to VDW Hunt Testing Regulations.

e. Confine the dog to their property by a physical fence, kennel, or invisible dog fences (we use this method and it works very well).  The dog will not be confine by chain, rope, or other means of tethering.  This is to protect the dog and the Buyer’s investment in a life long companion, and to prohibit the dog from learning to hunt on its own and becoming a public nuisance.

f. The Buyer will become a member of Deutscher Wachtelhund North America Club, Inc (DWNA-VDW) and abide by its breeding and training requirements.  The Buyer will a member of the DWNA-VDW for the life of the dog.

7. The Buyer may not breed the dog unless the following conditions are met:

a. The dog has a hip certification of fair to excellent and elbow certification of normal.  The dog may never be bred without having its hips and elbows certified free of dysplasia.  Certification through the VDW in Germany is required.

 

b. The Buyer will breed according to DWNA-VDW Breeding Regulations.  This requirement is to maintain breed standards and quality, and insure the breeding to healthy dogs with no known genetic faults.  No Eagle River Wachtelhund shall ever be bred with any Wachtelhund having Vom Lake Agazziz lineage or Vom Berg Oybin ancestors or lineage due to elbow dysplasia in the Vom Lake Agazziz lineage, and skin allergies in the Vom Berg Oybin blood line, currently in North America.

 

c. The dog has proven its worth as a hunting dog by completing hunting tests through the Deutscher Wachtelhund North American Club, Inc (DWNA-VDW).  Breeding must follow DWNA-VDW Breeding Regulations.

 

d. The Buyer agrees not to change the dog's register name as it reflects the Seller/Breeder's kennel name, and will follow DWNA-VDW and Verein for Deutscher Wachtelhund naming requirements.  Female Buyer's wanting to breed will establish a kennel name and the pups from the first litter will all be named with same letter as the first letter of the Buyer's kennel name.  Subsequent litters will all be named the next alphabetical letter.

 

e. The Buyer agrees to sell any offspring resulting from this dog with a similar health breeding requirement contract (any stated guaranties in this contract are not required of the Buyer's future contracts), DWNA-VDW membership requirement, and DWNA naming Requirements.

 

f. The Buyer must request permission to breed Eagle river Wachtelhunds from the seller, and by submission of a VDW Breeding review Form to the DWNA-VDW Breed Warden.  This is to eliminate inbreeding and insure breeding partners are not to closely related; and insure both dogs have met DWNA-VDW Breeding Requirements.

 

8. If the dog is bred in violation of paragraph number 7 requirements;

(a) Either by mistake or design

(b) Or the Buyer registers the dog and offspring with any registry other than the DWNA-VDW, i.e. AKC or UKC.

(c.) Or the Buyer breeds the dog to a UKC registered Wachtelhund.

 

The Buyer is liable to for $2,000.00 (two thousand dollars) in damages to the Seller/Breeder.  It is understood that this agreement is to protect the Wachtelhund’s integrity as a useful hunting dog and Seller/Breeder’s bloodlines.

 

 

___________________________________                 _________________________________

Dave Pepe                                                                Buyer

 

___________________________________                 __________________________________

Address                                                                    Address

 

___________________________________                __________________________________

Date                                                                        Date