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by danbee on 20 December 2009 - 21:12
I'm in the process of revising my sales contract and would appreciate opinions and advice. Here's a link to it:
http://www.hokschhaus.com/Show Contract.pdf
Thanks!
Michelle Yoo
Hokschhaus German Shepherds
www.hokschhaus.com
http://www.hokschhaus.com/Show Contract.pdf
Thanks!
Michelle Yoo
Hokschhaus German Shepherds
www.hokschhaus.com
by SitasMom on 20 December 2009 - 22:12
I guess I'd like to see something in the contract that says have the right of first refusal. So if the buyer decides to sell the dog, you have a chance to check out the new buyer and hopefull keep it from a really horrible place.
Also something in the contract about if they cannot keep the dog for any reason, then you'll be glad to take it back and rehome it ........ just so it doesn't end up in a shelter.
Also something about if you find out that dog lives in horrible conditions, a puppy mill or staked out that you have the right to take it back without payment due to the buyer.
Also something in the contract about if they cannot keep the dog for any reason, then you'll be glad to take it back and rehome it ........ just so it doesn't end up in a shelter.
Also something about if you find out that dog lives in horrible conditions, a puppy mill or staked out that you have the right to take it back without payment due to the buyer.
by Lief on 20 December 2009 - 23:12
unless both parents are DM clear and puppies have a clear by parentage staus I would tell them to get that and at the very least a practitioner cardiac
by ve909 on 21 December 2009 - 00:12
LIKE WITH EVERY TRANSACTION INVOLVING PROPERTY, YOU "SHALL" RELEASE LIABILITY TO A NEW PARTY. A MUST ON EVERY CONTRACT AGREEMENT.
RELEASE OF LIABILITY
BY SIGNING BELOW, THE BUYER ASSUMES FULL RESPONSIBILITY FOR THE ANIMAL’S ACTIONS AND ANY DAMAGE DONE BY THIS ANIMAL EFFECTIVE ON THE DATE AND TIME OF PURCHASE. THE BUYER WILL ASSUME ALL RISK OF INJURY/LOSS OF PROPERTY THAT MAY RESULT TO THE BUYER AND HEREBY HOLD HARMLESS AND RELEASE OF DISCHARGE (KENNEL NAME) FROM ALL LOSS, LIABILITY, DAMAGE, AND EXPENSES ARISING FROM BODILY INJURY OR PROPERTY DAMAGE OR ANY OTHER LIABILITY RESULTING FROM ACTIONS OF THE PURCHASED ANIMAL. THE BUYER ACCEPTS FULL RESPONSIBILITY FOR THIS ANIMAL AND ANY ACTIONS IT CAUSES ONCE THIS AGREEMENT IS SIGNED.
BEST OF LUCK
RELEASE OF LIABILITY
BY SIGNING BELOW, THE BUYER ASSUMES FULL RESPONSIBILITY FOR THE ANIMAL’S ACTIONS AND ANY DAMAGE DONE BY THIS ANIMAL EFFECTIVE ON THE DATE AND TIME OF PURCHASE. THE BUYER WILL ASSUME ALL RISK OF INJURY/LOSS OF PROPERTY THAT MAY RESULT TO THE BUYER AND HEREBY HOLD HARMLESS AND RELEASE OF DISCHARGE (KENNEL NAME) FROM ALL LOSS, LIABILITY, DAMAGE, AND EXPENSES ARISING FROM BODILY INJURY OR PROPERTY DAMAGE OR ANY OTHER LIABILITY RESULTING FROM ACTIONS OF THE PURCHASED ANIMAL. THE BUYER ACCEPTS FULL RESPONSIBILITY FOR THIS ANIMAL AND ANY ACTIONS IT CAUSES ONCE THIS AGREEMENT IS SIGNED.
BEST OF LUCK
by danbee on 21 December 2009 - 00:12
SitasMom: #3,4 & 5 on page 3 cover that. I don't have the right of first refusal, I used to include that but realized that in most cases I'm not actually going ot utilize that but it does require that they notify me of the new owner's info & it does say I'll take them back if buyer can't keep them - no rescues or shelters. I also included a clause where I can reposess if it's being abused or neglected. I've heard that the reposession clause isn't actually enforceable but I figured it wouldn't hurt to keep it in there.
Lief: I figured that was covered under "genetic diseases and defects." Do you think I should have separate language? I've struggled w/not making this too long - it's already 4 pages, but still including all of the important things.
Lief: I figured that was covered under "genetic diseases and defects." Do you think I should have separate language? I've struggled w/not making this too long - it's already 4 pages, but still including all of the important things.
by GSDBrisko on 21 December 2009 - 00:12
Sitasmom those are great suggestions.... I have a few more....
~That is there is any problem or a dispute about the contract it needs to be filed in in your county (the County where the seller lives) this way the puppy buyer will have to come to you.
~ I personally like to see a limited registration lifted after they are not only hip/elbow cert. but working titles, especially since you refer to the SV standard and give a discount for working titles, according to SV a dog with out a working title should not be bred... ALSO someone that titles their dogs have a better chance of placing puppies in better homes and placing them on limited reg. until those puppies are breed worthy. This is nice as you have a less of a chance of your lines showing up a few generations back in a poorly bred BYB breeding. I would be horrified if i seen our kennel name like that but thats just my opinion :-)
~ You have you will replace the puppy.... How? When? Will you allow the buyer to keep the other puppy? Or will you take the puppy back from the owner?? Also we have in our contract that we will either replace the puppy OR refund money, and that it is up to the seller to choose. We have it this way, incase this puppy buyer turns out to me a not so good home and you dont feel comfortable putting another puppy in that buyers hands. Also when will you replace the puppy? We bred one litter every other year or so, so we dont have puppies all the time, we have in our contract that we will replace the puppy(of refund the money) from/after our next litter. Also if shipping is an issue, who will pay for it?
~ I would also put that the seller has to immediately update you of any info change, name, address, phone numbers, etc.
~We have that the dog MUST come back to us, that the puppy buyer will be reimbursed once the dog has been rehomed ( if we resell the dog, the former owner would get the money minus the amount of money to took us to care for the dog for the time we had it.) That way you always know where your puppies end up.
~ We also have in our contract that the owner cant just up and have the dog put to sleep with out consulting us, if the vet decides its a emergency, that's ok. But this stops an idiot from just deciding he doesn't want to dog anymore so they put the dog down.
~ We also ask that the owner update us on all health problems if any, so you can know for your breeding program. We also ask to keep us updated on the good stuff too :-)
~ We also have listed that the dog will not be tethered, tied, or kenneled for an extended period of time. We dont want our pups to be dogs tied out or kenneled in the backyard ALL DAY everyday...
I hope this helps...
Jessica
vomhausweinbrand.com
~That is there is any problem or a dispute about the contract it needs to be filed in in your county (the County where the seller lives) this way the puppy buyer will have to come to you.
~ I personally like to see a limited registration lifted after they are not only hip/elbow cert. but working titles, especially since you refer to the SV standard and give a discount for working titles, according to SV a dog with out a working title should not be bred... ALSO someone that titles their dogs have a better chance of placing puppies in better homes and placing them on limited reg. until those puppies are breed worthy. This is nice as you have a less of a chance of your lines showing up a few generations back in a poorly bred BYB breeding. I would be horrified if i seen our kennel name like that but thats just my opinion :-)
~ You have you will replace the puppy.... How? When? Will you allow the buyer to keep the other puppy? Or will you take the puppy back from the owner?? Also we have in our contract that we will either replace the puppy OR refund money, and that it is up to the seller to choose. We have it this way, incase this puppy buyer turns out to me a not so good home and you dont feel comfortable putting another puppy in that buyers hands. Also when will you replace the puppy? We bred one litter every other year or so, so we dont have puppies all the time, we have in our contract that we will replace the puppy(of refund the money) from/after our next litter. Also if shipping is an issue, who will pay for it?
~ I would also put that the seller has to immediately update you of any info change, name, address, phone numbers, etc.
~We have that the dog MUST come back to us, that the puppy buyer will be reimbursed once the dog has been rehomed ( if we resell the dog, the former owner would get the money minus the amount of money to took us to care for the dog for the time we had it.) That way you always know where your puppies end up.
~ We also have in our contract that the owner cant just up and have the dog put to sleep with out consulting us, if the vet decides its a emergency, that's ok. But this stops an idiot from just deciding he doesn't want to dog anymore so they put the dog down.
~ We also ask that the owner update us on all health problems if any, so you can know for your breeding program. We also ask to keep us updated on the good stuff too :-)
~ We also have listed that the dog will not be tethered, tied, or kenneled for an extended period of time. We dont want our pups to be dogs tied out or kenneled in the backyard ALL DAY everyday...
I hope this helps...
Jessica
vomhausweinbrand.com
by GSDBrisko on 21 December 2009 - 00:12
danbee....
LOL i could of said a few things you already have... the page didnt come up correctly at first and only read the first two pages, so if i said anythign you already have on your contract, I am sorry
Jessica
vomhausweinbrand.com
LOL i could of said a few things you already have... the page didnt come up correctly at first and only read the first two pages, so if i said anythign you already have on your contract, I am sorry
Jessica
vomhausweinbrand.com
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