PURCHASE AND SALES AGREEMENT

Faith Walk Mastiffs

Lynai Torabpour
Mineral Springs Rd
NE   
Owatonna
, MN 55060

507-456-0275    lynai@faithwalkmastiffs.com
http://www.faithwalkmastiffs.com 

revised 2/5/2009

  The following agreement is between Lynai Torabpour, hereafter referred to as "Breeder" 
and____________________________________________________________________________,
 hereafter referred to as "Buyer"
for the sale and purchase of one purebred dog of the Mastiff breed.
  

Mastiff puppy, Reg# ___________________________________,  Color: ____________  Sex: __________

AKC NAME: ___________________________________________________________________________
Microchip # _______________________________________________

whelped on    _________________________________    by 

Sire :   ________________________________________________AKC#_______________ 
Dam :  ________________________________________________AKC#__________________

    Will become the property of the Buyer in flesh as well as title upon the fulfillment of the following contract.

 

1. This Mastiff will be treated as a member of the family. This Mastiff is to be a companion and not left unattended for prolonged lengths of time, tied outside or neglected. This Mastiff will never be trained as a guard or attack dog, or used for the purpose of fighting or any other sport detrimental to the breed and its reputation.


2. This Mastiff will be provided with quality food, fresh water, qualified veterinary care, proper shelter from heat or cold, active companionship, appropriate exercise, regular training and socialization. Ample quality time will be given to this Mastiff.

 

3. The breeder’s kennel “FaithWalk” name will be a prefix on the AKC paperwork. All pups must be registered with the AKC within 30 days of purchase. 

 

4. Contact information shall always be kept up to date. The Breeder and Buyer will notify each other if there is a change of address, email or phone number.


5A. Notification will be given to the breeder, before transfer of ownership of this Mastiff. If at any time during this Mastiff's life the Buyer decides to sell or give him away, the Buyer agrees to notify the Breeder and give her first right of refusal. This Mastiff will never be surrendered to a rescue group or shelter 


5B. The Breeder will at any time take this Mastiff back if asked to do so by the buyer, at no monetary cost or other compensation from the breeder to the buyer and with no further requirements from the buyer. If the buyer elects to return this Mastiff to the breeder at anytime in the future, they buyer will release AKC paperwork to the breeder and release any claim on this Mastiff. 

 

6A. Male Puppy Full AKC registration: For the protection of the breed, the health and well being of this Mastiff dog, and the protection of the Mastiff population, the Buyer hereby agrees:

The Buyer agrees to test this Mastiff for genetic defects before breeding (minimum prelim OFA hips fair or better and CERF), and for the sake of bettering the breed the Buyer agrees to share all results with the Breeder. The Buyer further agrees not to breed this dog until prelim hip results are known. The Buyer shall never breed this Mastiff to any other than a respectable specimen of his own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults. The Buyer agrees to not knowingly breed this dog to any known puppy mill, broker, or pet shop bitch; nor be used to sire litters for the purpose of producing puppies for the same. Neither shall he be allowed to sire litters for the purpose of producing stock for laboratory experimentation. It shall be the stud dog owner responsibility to check the reputability of the bitch owner before breeding takes place. _______/buyers initials


6B. Female Puppy Full AKC registration: For the protection of the breed, the health and well being of this Mastiff, and the protection of the Mastiff population, the Buyer hereby agrees: 
This Mastiff will not be bred before reaching 20 months of age, nor after her seventh (7th) birthday, unless okayed by the buyers veterinarian for health reasons. The Buyer agrees to test this Mastiff for genetic defects before breeding (minimum prelim OFA hips fair or better and CERF), and for the sake of bettering the breed the Buyer agrees to share all results with the Breeder. The Buyer shall never breed this Mastiff to any other than a respectable specimen of her own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults. The Buyer shall never breed this Mastiff in successive heats, unless having consulted with their veterinarian as to what is best for this Mastiff's health. The Buyer agrees to not allow any puppies produced by this Mastiff to be sold to any known puppy mill, broker, or pet shop or for the purpose of producing stock for laboratory experimentation. The buyer agrees to seek out quality and loving homes for the puppies produced by this Mastiff ______ /buyer initials


6C. Limited Registration: This pup is being sold on a Limited AKC Registration. This pup is to be a pet only, not used for the purposes of conformation showing or breeding. If at anytime in the future the buyer of this pup wishes to breed/show, full registration will only be given after this pups hips/elbows have been evaluated with a prelim grade of Fair or better  through the OFA and the difference between limited and full AKC purchase price paid to the breeder of $_____.

7 - HEALTH WARRANTEE...

       Medical conditions covered by warrantee:

  The Mastiff is warranted, excluding conditions not covered below, to the age of twenty five (25) months against bi-lateral hip dysplasia as diagnosed by the Orthopedic Foundation of America (O.F.A.)

   The Mastiff is warranted, excluding conditions not covered below, to the age of twenty five (25) months against bi-lateral elbow dysplasia, consisting of un-united anconeal process, or fragmented coronoid process as diagnosed by O.F.A.

   The Mastiff is warranted to the age of 25 months to be free of genetic cardiac 
conditions such as subaortic stenosis that would preclude it from receiving a passing cardiac certificate from OFA.

   The Mastiff is warranted to the age of 25 months against any heredity defect which would preclude the mastiff from passing an Antech or Cornell laboratories vWD/ Von Willebrands
Disease test.

   The Mastiff is warranted to the age of 36 months against developing Cystinuria as 
diagnosed by Cystinuria research laboratory at University Of Pennsylvania.

   The Mastiff is warranted to the age of 24 months against developing primary epilepsy as diagnosed by a board certified neurologist.

   The Mastiff is warranted for the life against any hereditary defect that would prevent the
mastiff from receiving a PRA homozygous normal rating from Optigen Labs via DNA testing.

Conditions not covered by warrantee:




   As sublaxation, OCD and HOD can be the results of poor nutrition, improper     exercise and/or excessive crating no warrantee shall apply for these conditions. It is the Sellers opinion that unilateral dysplasia is non-genetic and of injury or nutritional origin.

  As DJD Grade 1 type elbow dysplasia or unilateral elbow dysplasia can be the results of poor nutrition, improper exercise, injury from jumping or rough playing, no warrantee shall apply for this condition.

  As Thyroid disease is often the result of improper nutrition the seller reserves the right to not warrantee this condition.

  As heartworm related cardiac disease is brought on by neglect to properly care for the Mastiff no warrantee shall apply for this condition.

  No warrantee is given for Entropian or Ectropian.

  Since un-descended testicles can be caused by injury or other trauma no warrantee is given for retained testicles after the puppy is received by the buyer. Male puppies have been examined and verified to have both testicles descended by my veterinarian at the time of health certification. 

   No warrantee is given for any condition if a male dog is neutered before the age of eighteen months. 

   Breeding the dog or bitch sold on a Limited Registration voids any warrantee. 


8. The buyer agrees to have this Mastiff examined by a veterinarian within 5 working days of possession of this puppy. If the veterinarian determines that the Mastiff is not in good health, the Breeder will, upon return (at buyer's expense) of the puppy and all relevant papers, including signed document from the veterinarian conducting the exam; immediately refund the entire purchase price. All veterinarian costs associated with this mastiff puppy from ___________(date) forward,  are assumed by the buyer.

The Breeder sells this Mastiff, believing in good faith that the Mastiff is a healthy and respectable compliment to its breed. The Breeder further agrees to offer guidance to the Buyer in the rearing of this Mastiff. 

 

       9. If a puppy is thought to have a genetic defect regarding it’s hips or elbows, that is covered under the terms of my warrantee, X-rays must be taken per OFA recommendations and submitted to The Orthopedic Foundation for Animals (OFA). Puppy's   microchip number must be recorded on the x-rays.  Copies of OFA findings must be submitted to the seller/breeder.  Defects must be proven to be genetic and not caused by environmental factors or mishandling by the buyer, or feeding an improper diet. The Breeder reserves the right to present the veterinarian reports to her veterinarian for review to confirm whether the defect is genetic in nature, at Breeder’s expense.

If a warranted problem is found, Buyer must show proof that puppy is spayed or neutered via a vet certificate (Buyer keeps his/her dog) and may obtain a replacement puppy of equal or greater value, when available, from seller/breeder at 50% off of the selling price or opt to return this mastiff to the breeder for a replacement pup when one becomes available at no additional charge to the buyer. If this pup was purchased on a show breed contract the Breeder will refund the difference of__________, which represents the difference in price between pet pup and show/breed pup. The Breeder has done everything possible to eliminate hereditary diseases and problems by testing, care, pedigree planning and selection. If the pup has to be euthanized due to a genetic fault covered in this warranty, a replacement pup, from a different breeding, will be given to the buyer, at no additional cost to the buyer as soon as one becomes available. 

 

       10. If ownership of this Mastiff is transferred to a third party by the buyer, section seven, (7), of this contract will be come null and void. All health guarantees are between original buyer (as listed on this contract) and the breeder and are non transferable, unless previous arrangements between original buyer and breeder have been made, in writing between buyer and breeder



11. The breeder discloses that the sire and dam of this puppy have been OFA examined on hips with a fair or better rating. Copies of OFA exams will be attached to this contract.

12. The Breeder will make every effort to educate a potential buyer on mastiff care, puppy care and expectations. However, the breeder offers the buyer of this mastiff a window of 72 hours to return this mastiff, to the breeder, at buyers’ expense for any reason for a refund less the 250.00 non-refundable deposits. This Mastiff must be returned in the same good health it left in with no injuries sustained and all paperwork, AKC etc will be returned with this Mastiff by the buyer. 

 

13. Show/breed quality pups: no guarantee can be made that the dog will be successful as either a show dog or a breeding dog. If this pup does not mature into a show/breed quality pup by the age of 25 months, the Breeder will refund the price difference between pet pup and show/breed pup upon verification from buyer’s vet that this mastiff has been spayed/neutered.

14. In the event of breach of contract I, (buyer), do hereby agree that the breeders may obtain return of the dog without any monetary reimbursement to the owners and shall be due the sum of Five Thousand US dollars in liquidated damages incurred to the reputation of the breeder's kennel name. This is in addition to the expenses incurred in the retrieval of this mastiff by the breeder and litigation fees

We, the Breeder and the Buyer, do hereby acknowledge this to be a true and binding contract. We agree, and make absolute promise, to fully abide by its terms and conditions.

 

~It is strongly recommended that the Buyer enroll the puppy in obedience training. Your puppy will soon be a HUGE dog. An obedient, well trained Mastiff is a must

·    Breeder: ______________________________ Date______________

 

·    Buyer: _______________________________ Date______________

 

·    Buyer_______________________
Address_____________________
____________________________

·    Phone_______________________