Breeders of AKC Papillons and Miniature Schnauzers

Sales Agreement & Guarantee - 6% PA Sales Tax May Apply 
Date:____________________                                     
This agreement is made between the Breeder and the Buyer:                                                               
For the purchase of the following dog:
Breed: ______________________ Sex: ____________ Color: _____________
Other Markings: ________________________ DOB: __________________                       
AKC Registration # _______________________________ (Usually pending for puppies - Buyer gets # when registering)
AKC Litter Registration # _______________________________                                               
Sire: ________________________________________________                                                                                  
Reg. # ______________________________                                                           
Dam: _______________________________________________                                                                                         
Reg. # ______________________________                                                         
The Breeder is selling the above dog for a total price of $__________.  The Buyer is giving a deposit of $250.00 and has a final balance of $_________ due to Breeder upon release of the dog to the Buyer. 6% PA SALES TAX WILL APPLY IF PICKING UP THE DOG IN PA. The expected date of release is ___________. The Buyer understands the deposit is NON-REFUNDABLE because it is a commitment to buy the dog. Buyer will forfeit the deposit and ownership rights to the dog if Buyer does not make full payment within one week of the dog's expected release date. After that time, the Breeder may sell the dog to another party.

This puppy is being sold with ________ FULL ________ LIMITED AKC registration.

FULL AKC registration: Offspring of this dog can be registered with the American Kennel Club (AKC) if bred to an AKC fully registered dog of the same breed and meets all other AKC rules for registration.

LIMITED AKC registration: Offspring CANNOT be registered with the AKC. The purpose of limited registration is to encourage spaying/neutering and reduce the number of unwanted and unplanned puppies and dogs put to death every year in animal shelters.

Breeder's Representations

1. HEALTH GUARANTEE: The Breeder takes pride in producing healthy dogs with wonderful temperaments for loving homes. The Breeder guarantees the dog’s health for 10 calendar days after delivery of the dog to the Buyer in the case of communicable diseases.  The Breeder further guarantees for a period of 1 year this dog to be free from any inherited disease which impairs long life, good health, and full function as a pet.  If such an inherited defect should occur, and be diagnosed in writing by a qualified veterinary specialist, the Breeder will replace this dog with a puppy of similar quality upon the return of the dog or a refund of the purchase price at the Breeder's option.  The Breeder is not responsible for any veterinarian bills incurred by the Buyer.     
2. BREED GUARANTEE: Breeder guarantees this is a purebred dog, offspring of the purebred sire (father) and purebred dam (mother) at the top of this agreement.    
3. BREEDER'S LIFETIME COMMITMENT: The Breeder will take the dog back at any time during the lifetime of the dog. With this commitment, the Buyer should never consider euthanizing the dog or taking it to an Animal Shelter. The Breeder will not issue a refund or provide another puppy to the Buyer unless the dog's return falls under the Breeder's Health guarantee.

4. FITNESS OF PURPOSE: This dog is bred as a companion animal.  Although the dog may be capable of excellence in obedience trials and show ring and /or breeding, no warranty is provided by the Breeder as to its fitness for any specific purpose.

Buyer's Representations

1. SPAY/NEUTERING: Unless the Breeder has given the dog Full AKC Registration, the Buyer will engage a licensed veterinarian to neuter the dog by the age of nine months. The Buyer should send proof of neutering to the Breeder at the address shown at the bottom of this sales agreement.     
2. BUYER'S COMPANION: The Buyer agrees that the dog will live with the Buyer as his or her companion. The Buyer also agrees that he or she is not an agent for another person or business in this purchase.    
3. GENERAL WELL BEING: To prevent unfortunate accidents and for the dog's general well being, the Buyer will maintain the dog in an adequate enclosed area and will not allow the dog to roam at will. The Buyer WILL NOT chain or tether the dog in the yard or keep the dog permanently in kennel since research shows that this causes anti-social behavior in dogs. Also, the Buyer will provide nutritious food and necessary health care by a licensed veterinarian, including appropriate worming including for heartworm and vaccinations including for rabies.  
4. VETERINARIAN HEALTH CHECK: The Buyer agrees to have a licensed veterinarian check the health of the dog within 3 business days after delivery of the dog. This is to ensure the Buyer's confidence in the health of the dog and to establish a veterinarian relationship. If there is a problem with the dog's health, please see the Breeder's Health Guarantee.   
5. PAYMENT: Payment is due in full at the time the Breeder releases the dog to the Buyer. Payment must be in the form of cash or paid via www.paypal.com.    
6. TRANSFER OF OWNERSHIP: The Buyer will not sell, give or release this dog to a pet shop, retail store, dog dealer, animal testing facility, research facility or any agent for these. If the Buyer wishes to transfer the dog to another breeder, the Buyer must receive the Breeder's permission in writing. The Buyer must require any new owner to follow the terms of this agreement.
  
7. INDEMITY: Buyer agrees that if his or her actions or failure to act result in any claim, suit, loss, damage, injury, death, or liability, the Buyer  will defend, indemnify and hold Breeder harmless and will pay all of the Breeder's cost and expenses including reasonable attorney fees, any amount paid in settlement and any award or judgment.

8. RELEASE OF CLAIMS: The Buyer releases the Breeder from any and all liabilities or damages caused by this dog after placement. These damages include, but are not limited to, destruction of property and or physical damage to any person.   

9. LIMITATION OF ACTIONS: Any action or claim brought by the Buyer against the Breeder for breach of this Contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.

10. JURISDICTION: The Buyer agrees that he or she understands this contract fully and that this contract is in the jurisdiction of the State of Pennsylvania, in the County of Franklin in which the Breeder resides or does business.

Mediation and Arbitration

Mediation and arbitration lower any potential legal costs for both the Buyer and the Breeder.

If a dispute arises under this contract, the Buyer and the Breeder agree to first try to resolve it with the help of a mutually agreed-upon mediator in the jurisdiction of this contract. Any costs and fees other than attorney fees associated with the mediation will be shared equally by both the Buyer and the Breeder.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, the Buyer and the Breeder agree to submit the dispute to a binding arbitration proceeding located closest to the residence or business location of the Breeder, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Entire Agreement

This contract represents the entire agreement between the parties.  The Breeder and the Buyer have made no other agreements, promises, or representations, verbal or implied, unless specifically stated in this written agreement.  
The Breeder and the Buyer to each receive one copy of this agreement signed by both.    

Buyer: ____________________________ Date: ________________

Breeder: ____________________________ Date:________________  
The Buyer to sign below the Breeder's Copy of this contract upon receipt of the puppy from the Breeder.  
I acknowledge that I have received the puppy into my possession.  
Buyer: ____________________________ Date: ________________
Contact Information For The Breeder And The Buyer  
Breeder:

Kennel Name: Kinsey Kritters    

Breeder's Name: Sherry Kinsey                               

Phone: 717-643-1530                                                   
Cell Phone: 717-375-8946                                   

Address: ____________________
City: Greencastle     State: PA      Zip: 17225                                      
E-Mail: sherry41kinsey@cekinsey.net           
Buyer:


Buyer's Name _______________________________________________                                

Phone ________________________________                                                   

Cell Phone ________________________________                                      

Address_______________________________________________   

City _____________________ State_________   Zip _____________________                                      

E-Mail _______________________________________________