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All
show and breeding stock are sold on contracts with specific
requirements for showing, health testing and breeding. These
contracts often require a co-ownership until the show and health
testing requirements are completed. I RARELY sell a breeding
dog without a contract and I rarely allow a dog to be bred unless it
is shown. My contracts require:
- A
reasonable effort be made to finish a title (or titles) on the
dog purchased. I do not restrict breeding to conformation
show dogs. Any performance dog may be purchased with
breeding rights, but these dogs must be shown and titled to a
specified level just like a dog that is sold for showing in
conformation.
- A
reasonable effort includes keeping a conformation dog in
coat and condition. It may also include a date or time
frame in which the owner must put the dog with a professional
handler to finish its championship if the purchaser is not an experienced handler and
is not capable of finishing the dog.
- I
realize that accidents, injury or another unexpected
circumstance could necessitate a change in terms of the
show/breeding contract after a dog is purchased.
(Such as a circumstance that might prevent a dog from
finishing its championship title but would not
necessarily preclude the breeding of the animal.)
If such a circumstance were to arise and an owner were
to bring this to my attention and ask for a change in
terms of their dog's contract, I would make every effort
to accommodate such a request IF:
-
I
felt the owner had been doing their best to fulfill
the original terms of the contract up to that point
AND
-
I
felt the owner would fulfill all other terms of the
original contract AND
-
I
felt the owner was making every effort to provide
the dog with an appropriate home AND
-
I
BELIEVED the situation was truly such that there was
absolutely no way the owner could fulfill, execute
or otherwise complete the terms of the original
contract without it putting undue stress or hardship
on the owner.
-
HOWEVER, any changes to any contract are always at
MY discretion. If I feel I was misled, or that
the person never really intended to fulfill the
terms of the contract, or if I do not feel that a change is
necessary, it will not be granted.
-
Additionally, my contracts specify specific
penalties if an owner defaults or breaks any portion
or part of a contract. I WILL hold all parties
to the letter of the contract and I will seek any
and all recourse should an owner break a purchase
contract.
-
I
always write each contract individually since
each situation is slightly different. Most
contracts have to be amended a number of times
as the buyer and I discuss the situation and
determine exactly how, what, where, when and why
things will be done. By the time a
contract is signed, it will cover almost any and
every situation and the terms, conditions and
requirements for both parties are up front and
very clearly defined and both parties will have
discussed each aspect in detail and agreed to
everything included. So, the bottom line
is.....if you don't like the terms, don't buy
the dog thinking that the contract really
doesn't matter!! I wouldn't make you sign
one if I didn't care what happens!
- Sounds pretty tough, huh? Yes, it is.
But it is nothing that I and any number of other
breeders and show enthusiasts have not had to do.
Additionally, my requirements are almost exactly what
every show breeder asks to have done when they sell a
"show" puppy. I just insist that everything
that is agreed to, implied or expected in connection
with the sale/purchase of the dog be written down.
(I may be more demanding than most that everything be on
paper and quite explicitly detailed, but this is because
SOOO many people that start out as friends end up having
arguments and disagreements over what was said, what was
meant, what was implied, what was expected. With
my contracts, no one can say that I never said I would
expect "this" or "that" or that they didn't agree to do
such-and-such. It's all in the contract for
everyone to see and we can agree or disagree up front,
BEFORE any money or the dog changes hands!)
- All
breeding dogs must pass an OFA hip evaluation at 2 years of age
and they must pass a veterinary ophthalmologist eye exam yearly
until at least the age of eight.
- All dogs must have their OFA hip certification and a current eye
exam showing he/she is clear of hereditary eye defects before
they are bred for the first time.
- Any time
the purchased dog is used for breeding, it must have a current,
clear eye exam dated less than one year before the date of
mating.
- All dogs
bred to the purchased dog must have passed at least the same
health tests as the purchased dog.
- Copies of
all health testing certificates for the purchased animal must be
mailed to me yearly or must be available for verification at the
OFA or CERF web-site(s).
- Any
puppy(ies) sired or whelped by the purchased dog must be sold,
bartered, traded or given away with limited registration unless
they are sold with a contract requiring the same show, health
testing and ownership requirements as agreed to for the dog
purchased from Sandcastle Kennels. (That's right, even the
owners of a male used at stud must insist the litter owner
follow the same requirements when selling puppies.)
Please understand
that when I insist on a purchase contract for a show/breeding dog, it is
not my intention to discourage anyone from showing. I also do not
have a problem with helping beginners or those that are not very
experienced. In fact, I would love for as many of my puppies as
possible to have an opportunity to be exhibited in a conformation or
performance show ring. However, I have been taken advantage of and
I have had some puppy sales go bad because of misunderstandings or
outright fraud. I just don't want to deal with the headaches that
come about because an agreement is not written down or is not detailed
enough.
As you are thinking
about contracts and the specific requirements listed above, try to keep
in mind that while my contracts are designed to eliminate any type of
misunderstanding and to protect my dogs and my kennel, they protect you,
the purchaser, as well. It's ALWAYS better for everyone to have a
detailed agreement in writing!
If I can help you
or answer any questions about my show puppies or my contracts, please
feel free to 
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Thanks,


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Copyright ©
Sandcastle Kennels 2004
Last
revised:
December 22, 2005
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