Contract for Conformation - Dogs

WHEREAS, Nancy C. Campbell, doing business as Homesteader Kennels ("Seller") is a breeder of German Shorthaired Pointer dogs:

WHEREAS, Seller is expecting a litter of German Shorthaired Pointer puppies with the dam, Ch Stelor's Homesteader Reign and the sire, Ch Shortales In Cahoots With Irondale,JH, born May 4, 2009.

WHEREAS, Buyer (as hereinafter identified) has requested to acquire one of such puppies.

NOW THEREFORE, for due and adequate consideration, including the mutual promises hereinafter set forth, the parties agree as follows:

1.             For and in consideration of $_______ paid by Buyer to Seller and the representations and warranties Buyer makes to Seller, herein following, Seller sells Buyer a puppy.

2.              Buyer agrees to purchase such puppy evaluated at eight (8) weeks to have show prospects when it grows up.  Buyer acknowledges and agrees that even the most discerning and experienced breeders and judges can judge a young dog differently than the way it may turn out later in life.  There is no guarantee that any particular puppy will turn out the way it seems to be heading at eight (8) weeks.

3.             Buyer agrees to use reasonable efforts to show the puppy and to obtain an AKC championship, subject to Section 4.  Buyer agrees not to show the puppy until it is ready to succeed.  Buyer agrees that the puppy must not be over shown or soured for showing in the future.

4.              Buyer agrees that the puppy shall go to both obedience class and show handling class or be trained by the breeder, at a location convenient to the buyer or seller. If Buyer does not wish to show the puppy personally but does want it shown, Seller agrees to show puppies it breeds for their owners.  There is no handling fee for this, as there would be for hiring a professional handler, but entry fees and travel costs over and above what Seller would otherwise spend on show excursions with its own dogs will be borne by Buyer.  If a professional handler is used, it must be approved by the seller.  Costs for a professional handler will be borne by the buyer.

5.             If Buyer's puppy successfully completes an AKC championship, Buyer agrees that Seller will assess at that time whether the puppy could be a good breeding prospect and whether Buyer has the facilities and experience to breed a litter.  Buyer agrees that Seller shall have the sole right to determine whether breeding is allowed and shall be consulted on appropriate stud dogs or brood bitches suited to pairing with anything in the Homesteader Kennel line.  Buyer agrees that no dog or bitch may be bred to an untitled mate, nor a mate that seems ill suited to the match or which is known to carry any heritable disorder without written permission of the seller.  No Homesteader Kennel puppy is to be a part of any backyard breeding or breeding strictly for profit.  Buyer agrees the only reason to breed is to improve the breed by this puppy's contribution or to sustain quality already realized.

6.             Should the puppy not finish a championship or is not of breeding quality, even if it does finish, Buyer agrees the puppy must not and will not be bred and shall be neutered or spayed, at Buyer's cost, as soon as that fact is determined.

7.             Buyer agrees that no bitch may be bred in successive seasons or more than twice without the express consent to Seller.  Both dogs and bitches shall be neutered or spayed by age five if no longer in show competition and out of the breeding pool.

8.              Buyer agrees to provide a secure fenced area for the dog (permanent fencing or electric fencing with adequate training).  Buyer agrees that the dog shall not be trained or used for attack work and the dog shall not be crated indoors or tied or left out of doors as a way of life. 

9.             Buyer agrees that if at any time the Buyer can no longer keep the dog, Buyer shall return it to Seller.  Buyer agrees the dog shall never be sold or given away to any other person (including but not limited to a family member, friend, pound or shelter) without the express consent of Seller in advance of the transaction.  If this is done, Seller shall have the absolute right to seize the dog legally and Buyer indemnifies Seller from any liability should this action be deemed necessary.

10.           Bitch puppies shall be co-owned by Seller and Buyer.  If Seller determines to breed the bitch once she has finished her championship, Seller retains the right to a single breeding.  Should the Seller whelp, raise and place the puppies, the Buyer gets choice of the litter, if desired.  If the Buyer wishes to do the breeding, whelping, rearing and placement, Buyer agrees to Seller's approval as to an appropriate stud.  Seller has the absolute right to approve the stud and retains the right to first choice of the litter.

11.           Buyer agrees that after the first litter, the whole ownership of the bitch returns to the Buyer upon the spaying of the bitch.  Until such time as the bitch is spayed, the Buyer agrees that the Seller and the Buyer shall agree upon any future litters.

12.           In the case of a male puppy, should the dog finish a show championship and Buyer believes he is worthy of breeding, he may be bred with the approval of Seller.  Buyer agrees that the protection of a pedigree depends on continued quality bred to quality.  Good dogs bred to lesser bitches can only produce as good as their least parent, not their best.  The Homesteader Kennel name will be on a dog or bitch pedigree for at least six generations.  Buyer agrees it is worth being sure the dogs are only bred to animals of significant quality.

13.           Seller represents and Buyer agrees that any Homesteader Kennel puppy is primarily placed as a companion, long after conformation, obedience, tracking, and agility shows.  Buyer is willing to provide sound training with respect and trust to achieve the most important qualities of companion dogs.

14.            If the puppy is found to have any hereditary defect during the first two years of its life, Seller shall replace the dog with one out of a later litter, providing Seller is still breeding.  Seller shall refund the price of any dog less than four moths old that has had a final puppy examination by your veterinarian and determined to have a hereditary defect.  Consultation and examination by our veterinarian will be required to confirm any such condition.

15.           SELLER EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE.  BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE PUPPY IS SOLD BY SELLER AND PURCHASED BY BUYER WITHOUT WARRANTY THAT IT SHALL BE AN AKC CHAMPION DOG OR BITCH.  There have been no affirmations of fact or promise by Seller which relate to the bitch or dog or which are a part of the basis of the bargain hereunder except as expressly set forth herein.

16.           Buyer acknowledges that it has made certain representations in connection with Buyer's performance under this Agreement.  The reputation and respect of Homesteader Kennel and Nancy Campbell as breeder is expressly related to Buyer performing under this Agreement.  Therefore, Buyer agrees that should it not materially perform as required herein, Seller shall have the right to the return of the puppy sold pursuant to this Agreement and any offspring of such puppy.

17.           This Agreement shall be a complete and exclusive statement of the terms of the Agreement between the parties.  Upon acceptance, it will supersede all prior agreements, written or oral.  No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Agreement.

18.           This Agreement can be modified or rescinded only by a writing signed by both parties or their duly authorized agents.

19.           No right or interest in this Agreement shall be assigned by either party without the written consent of the other.

19.           This Agreement is made in and intended to be enforced in accordance with the laws of Connecticut.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written below each party's name.

Seller:  HOMESTEADER KENNEL  

By:  __________________________

            Barbara Vitariius

By:  __________________________

            Nancy C. Campbell

Date: _________________________

                                                                                          Witnessed by: