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The Florida Statute 828.29 states that no dog, puppy, cat or kitten may be offered for sale without a health certificate from a veterinarian, nor can any puppy or kitten be sold under the age of eight (8) weeks of age.
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OUR PET DOG CONTRACT
AND HEALTH GUARANTEE
We require a spay/neuter contract in order to protect our puppies and dogs from irresponsible breeding, and to ensure that they will be raised in a good pet home environment. Our contract is quite specific, for both our protection and the protection of the buyer--but most of all for the protection of the dog--so that everything is specified in black and white as to rights and responsibilities concerning any purchase of a pet dog from us.
Our contract takes into account all county, state and national laws concerning selling pet dogs, and the extensive section about our health guarantee is primarily designed to provide a one year limited health guarantee to the buyer, covering any life threatening genetic disorders in the dog, and it also provides a fourteen day contagious disease guarantee, excluding the Canine Influenza Virus, for which there is no vaccine. But the health guarantee section is so long and so extensive because it is also designed to protect our kennel from unscrupulous pet buyers and/or veterinarians who may try to "trump-up" unnecessary medical costs concerning one of our dogs. We were shocked to find that there are actually people who do this--especially people with an "animal rights" agenda who want to destroy dog breeding in any way possible.
We have made our contract downloadable in Word, and if the puppy is less than seven weeks old at the time the buyer decides to purchase it, then we require that the buyer return two signed copies of the contract to us with a check for a deposit on that specific dog, and we will return one copy of the contract to the buyer, counter-signed by us, once the deposit is received. The $100 deposit is not refundable, except under special circumstances as specified in our Contract, and this is to ensure that the buyer is serious about purchasing a dog from us, as the raising and sale of any puppy and/or dog requires a good bit of our time and a lot of expense.
In order to start the purchase process, we ask that you send us an e-mail asking to be on our Notification List for future litters, as people on this list will be the first that we will contact once there is a litter available. Being on this list will start a dialogue between us, usually by e-mail and/or telephone, and once we have reached a mutual agreement that you would like to purchase a dog from us, and that we would like to sell a dog to you, then we can start discussing purchase arrangements. The availability of any dog is entirely up to us, and we do not like to accept deposits until a suitable dog has been born. A deposit is for a specific dog that we have agreed upon in advance, and if something happens to this specific dog--such as a health issue--then the deposit may be returned. Please see the Contract, under Non-Refundable Deposit, for the specific wording concerning deposits.
The state of Florida regulates all sales of puppies and grown dogs, and requires that any puppy sold from any breeder or a pet dealer be at least eight weeks of age and come with a Health Certificate issued by a licensed veterinarian. Please note that any breeder or pet broker who sells puppies younger than eight weeks of age and does not provide a Health Certificate for each puppy or dog is breaking the law. The State of Florida also requries that sales tax be collected on all pet sales, and in order to collect and report sales tax the State of Florida issues a Certificate of Registration, pursuant to Chapter 212, Florida statutes, to collect and report said sales tax, and our kennel is registered with the State of Florida, Department of Revenue, Lake City office, and is authorized to collect and report sales tax receipts.
BOLOGCO PET DOG SALE CONTRACT
This contract is written for the protection of the Kennel, the Purchaser, and foremost the dog.
General: The following agreement is between Suwannee Cockers, hereafter referred to as Kennel and _________________________________________, hereafter referred to as Purchaser, for the sale and purchase of one "designer mix" Bologco dog as follows:
Whelp Date: _______________
Dog's sex: ____________
Dog's color and markings: ______________________________________
Name of Dog Registry:____________________________
Dog Registration Number or Litter Number: __________________________
In consideration of the price of ___________The Kennel transfers in fee simple all rights, privileges, and responsibilities associated with the ownership of the dog to Purchaser, subject to the conditions set forth below. This document represents the entire agreement between Kennel and Purchaser in an outright sale.
Use of the Dog: It is agreed between Kennel and Purchaser that this dog is being acquired as a family companion only, and that the dog will be used for tasks appropriate to its size and aptitude, such as a therapy dog, as Purchaser may desire. Purchaser further affirms that he/she is not a breeder or a dog wholesaler, and will not resell this dog, give it away, or by any means provide it to a flea market, auction, pet store, wholesaler, or commercial distributor of dogs, or to any commercial or hobby dog establishment, such as another dog kennel, or for laboratory use, or for use as a hunting dog; nor will it be used for any activity for which it is not suited by reason of temperament or structure. Purchaser acknowledges that the dog has not had its tail docked or its dewclaws removed, and Purchaser agrees to not have these body parts removed from the dog for cosmetic reasons.
Placement: Purchaser agrees not to ever abandon the dog, or surrender it to a shelter, but Purchaser shall have the right to sell and/or place the dog, AS A FAMILY COMPANION ONLY, into another home environment. In the event the Purchaser is ever unable to keep the dog and cannot find another suitable home for the dog, the Kennel will assist the Purchaser in placing the dog into another home.
Registration: The Kennel certifies that the dog is a Bologco "designer mix" from the two dogs listed in its pedigree, and Kennel further certifies that the animals named on the pedigree and/or any registration papers are the actual parents of the purchased dog, and Kennel will provide a four generation pedigree for the dog at the time of sale. Purchaser acknowledges that the dog is being sold with any available registration papers furnished within 90 days after spay/neuter documentation has been provided to the Kennel.
Ownership Responsibilities: The Purchaser agrees to maintain the dog as a house dog in a humane environment and properly socialize, train, and care for it. Purchaser agrees to follow a veterinarian recommended immunization and health care program, with preventative heart worm medication given during the whole year, and agrees that the dog will be inoculated against rabies, distemper, parvo virus and other communicable diseases as recommended by a qualified veterinarian. Purchaser also agrees that the dog will be confined to a home and/or a fenced area, or restrained by a leash, at all times, and Purchaser agrees that the dog will not be allowed to roam at large.
The Purchaser also agrees to provide a proper environment that consists of food of sufficient quality and quantity to keep the dog in optimum condition; clean water; adequate shade and shelter to protect from the elements when the dog is outdoors, with a fenced in yard, or a kennel run that provides an adequate exercise area for its size. Dog is to be kept inside, and not made to sleep outside or live outside under any circumstances.
In the event of the death of the Purchaser, ownership of the dog may go to surviving family members, but the remainder of this contract will remain in effect. Depending upon the needs of the surviving family, the Kennel agrees to take back the dog in this circumstance if need be and re-home the dog, but it will be the responsibility of the surviving family to return the dog to the Kennel.
Spay/Neuter: As this dog is being sold as a pet, and not a breeding animal, the Purchaser agrees not to breed the dog and to have the dog spayed or neutered. Purchaser should follow the recommendations of a veterinarian as to the best time to have the dog spayed or neutered, and the Kennel will keep possession of any registration papers until proof of spay/neuter has been provided by the Purchaser. Proof of spay/neuter shall consist of either a letter from the veterinary surgeon on vet clinic stationary stating the date that the surgery took place, and/or a photocopy of the veterinary bill for the spay/neuter surgery on the dog. Kennel will provide said registration papers within 90 days of being provided proof of spay/neuter surgery, as determined by postmarks.
Non-Refundable Deposit, Receipts and Sales Tax: Once the deposit, and two signed copies of the contract, are received by the Kennel, and a counter-signed contract is returned to the Purchaser, the initial $100.00 deposit shall be non-refundable due to cancellation by the Purchaser. Before the actual sale of the dog the contract may be cancelled by the Kennel and the deposit refunded to the Purchaser under the following circumstances:
1. If a sufficient number of puppies for the Kennel's personal use and sale does not ultimately result from a planned breeding.
2. If the selected or choice of puppy from a new litter does not survive, or a puppy or dog is deemed to be unhealthy by the Kennel's Veterinarian.
3. Other circumstances deemed to be appropriate by the Kennel.
The Purchaser agrees that the full purchase price of the dog, plus 7% sales tax on the full purchase price of the dog, is to be paid in cash before receipt of the dog, and the Kennel agrees that it will provide receipts for any deposit made on the dog before its purchase and for any cash balance paid on the purchase price of the dog. The Kennel warrants that it has a Certificate of Registration, issued pursuant to Chapter 212, Florida Statues, to collect and report 7% sales tax on the full purchase price of the dog.
Health Guarantee: The Purchaser acknowledges that when selecting a dog, one is not buying a manufactured product that meets certain specifications, and with dogs, as with all animals, some flaws are visible, and others are not seen. However, considering the imperfectability of all living things, the Kennel does offer the following Health Guarantee, and it is agreed by both the Purchaser and the Kennel that the following stipulations govern all provisions of the health guarantee:
1. The Purchaser will keep the dog up to date on all vaccinations.
2. The Kennel sells dogs for companion purposes only, and Purchaser understands that no offspring from this dog is entitled to any registration with any dog registry. Under NO circumstances may the dog be used for breeding, and no guarantee is made concerning the dog's suitability for breeding. There is also no guarantee, or warranty, on the eventual size or color of the dog, both of which are unpredictable in a designer dog mix.
3. The Kennel extends this Health Guarantee for as long as the Purchaser, as stated in the Kennel's paperwork, is still the owner of the dog, up to one year from the date of the purchase of the dog from the Kennel by the Purchaser.
4. Diagnostic procedures are NOT covered by this Health Guarantee.
Exclusions to the Health Guarantee: Due to conformational irregularities in American Cocker Spaniels--which make up one half of the genetic material in this designer dog mix--eyelid entropion and ectropion, and third eye eversion (cherry eye) are not covered by this health guarantee. Umbilical hernia is not covered, and a finding of internal or external parasites does not deem the dog unfit or unhealthy. The Canine Influenza Virus is also excluded from the contagious sickness guarantee. Fecal testing, other testing for parasites, worm medications, and vaccinations should be a part of the dog's healthcare routine, and as such, are not covered under this health guarantee.
Parasites and protozoa are not considered to be life threatening, and can be easily and successfully treated. Minimal treatment for protozoa and parasites has been administered by the Kennel to insure proper development of puppies, without ill effects of strong medications. If a puppy does require parasite or protozoa treatment, it will be considered part of the condition of purchasing a puppy, not life threatening, and easily and advisably treatable.
This health guarantee does not cover any health issues caused by neglect or injury once the dog has left the Kennel with the Purchaser.
Duration of Health Guarantee: The Kennel offers a fourteen (14) day health guarantee on any contagious sickness, excluding Canine Influenza Virus, provided the Purchaser has had the dog inspected by a licensed Veterinarian within two (2) days of purchase (Sundays excluded), and the Kennel offers a one (1) year guarantee against any life threatening hereditary defect, diagnosed by a licensed Veterinarian. This one (1) year limited health guarantee against life threatening hereditary defects is in effect up to the date of the first year anniversary of the purchase of the dog from the Kennel by the Purchaser only, and is not transferable to another party.
Execution of Health Guarantee: It is the Kennel's intent to place only healthy dogs, and if a life threatening genetic problem should arise at any time during the one (1) year limited genetic health guarantee, then the Kennel must be contacted by the Purchaser prior to any testing for genetic problems for the treatment charges to be considered. If the problem proves to be a life threatening genetic disorder, the Kennel will exchange the dog with a different dog from the next available litter OR reimburse the Purchaser for medical treatment costs UP TO the purchase price of the dog. Reimbursement for medical treatment costs will be made only if the Kennel was contacted for prior approval.
If the dog is being replaced, then the dog would need to be brought or shipped back to the Kennel, at Purchaser's expense, so that the dog can be replaced with a healthy dog. Health issues that the Purchaser was made aware of prior to taking possession of the dog will not be covered by this health guarantee, and such health issues are noted in writing at the bottom of this contract. All shipping charges are non-refundable. Medical treatment costs without prior approval and in excess of the purchase price will be the responsibility of the Purchaser.
The Purchaser must provide the Kennel with veterinary records and notes, test results, bills, and if applicable, X-rays, in order for any charges to be considered. No charges will be considered if the health issue is not a proven life threatening genetic disorder. The Kennel has the right to a second opinion with a Veterinarian of their choice who is unassociated with the Purchaser's Veterinarian.
Initial Veterinary Exam: The dog must be inspected by a Veterinarian of the Purchaser's choice within two (2) days of receipt of the dog (Sundays excluded), and the "Initial Veterinarian's Exam Report," which will be included in the paper work the Purchaser receives with the dog, must be signed by the Purchaser and by the attending Veterinarian at the initial exam, and a copy must be returned to the Kennel within two (2) weeks of receipt of the dog, or the health guarantee is null and void.
Health Certificate: The Kennel will take the dog to a veterinarian prior to the dog's sale, and the Kennel will supply a Health Certificate, signed and dated by said Veterinarian, as required by Florida law, to the Purchaser when the dog is picked up or shipped.
Acknowledgment: The Purchaser acknowledges that this written agreement constitutes the entire agreement regarding the health, condition, or loss of the dog between the Purchaser and the Kennel, and that the Purchaser has relied upon no oral representations to this agreement. Nothing is implied. Any court proceeding concerning the dog shall take place in the County of the Kennel, and the dog must be returned to the Kennel until any dispute is settled.
Parties and Signatures:
This contract is entered into between the Purchaser and the Kennel in ____ County, in the State of Florida, in the United States of America.
Purchaser(s): _______________________________________________________
Street Address:: ____________________________________________________
City/State/Zip: _____________________________________________________
Phone/email: ________________________________________________________
BY SIGNING THIS CONTRACT I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF ITS PROVISIONS, AND THAT I AGREE TO BE FULLY BOUND BY THE SAME.
Purchaser Signature: ________________________________________
Purchaser Signature: ________________________________________
Date: ______________
SUWANNEE COCKERS
Kennel Signature: _________________________, Owner
Date: _____________