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WAOME KENNELS REGISTERED

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AGREEMENT OF PURCHASE AND SALE

Linda Matthews, Waome Kennels, (hereinafter referred to as "Waome") hereby agrees to sell to:

Name:________________________________Telephone:______________________

Address:_____________________________________________________________

(hereinafter referred to as the "purchaser") the canine puppy described as follows:

Breed: Tibetan Spaniel, Sex:_____Micro Chip #:_________________________

Date Whelped:________________________CKC Litter #:___________________

At the purchase price of $ ___________________________in Canadian Dollars.

Waome and the purchaser promise and agree as follows:

(1) All puppies are sold with a veterinarian's health certificate and record of medical inoculations, and is supplied to the purchaser upon completion of sale. All puppies are warranted to be of good health at the time of sale (subject to any health problems or defects the purchaser agrees to accept). Any claims of health problems, not due to the purchaser's neglect or mistreatment of the puppy, when sold must be supported by a signed veterinarian's letter with such letter obtained at the purchaser's expense, and produced to Waome within five (5) days of the date of sale.

(2) All puppies are warranted against Progressive Retina Atrophy (PRA), if the animal referred to herein develops this condition before the age of 24 months, Waome at their option, shall either provide a replacement puppy as soon as a litter becomes available or refund the original purchase price, this is provided that Waome receives a signed veterinarian's letter, with such letter obtained at the purchaser's expense. Before any refund or replacement is given, a veterinary spay/neuter certificate stating that the dog has been rendered incapable of reproducing, must be received by Waome.

(3) All puppies are sold subject to the purchaser and Waome agreeing to execute at the time of sale, a standard form Canadian Kennel Club non-breeding agreement, which Waome shall deposit with the Canadian Kennel Club, recording office of the registration division. Upon removal of the non-breeding agreement Waome will receive back their choice of a pick puppy, stud service or cash equivalent.

(4) Waome will retract the Canadian Kennel Club non-breeding agreement at the purchaser's request when the following conditions are met:

- a - the dog is a minimum of eighteen (18) months old

- b - is examined by a qualified Veterinary Ophthalmologist and found to be normal

- c - has no disqualifying faults as defined by the CKC Tibetan Spaniel breed standard

- d - the dog has been awarded a conformation championship title by a recognized national kennel club (E.g. CKC, AKC)

- e - the dog having a stable and suitable temperament for breeding (E.G. obedience title, St. John Ambulance Therapy Dog)

Any and all expense incurred in satisfying the above requirements shall be the sole responsibility of the purchaser.

(5) Waome shall immediately upon receiving full payment for the sale, take the necessary action to provide the purchaser with a Canadian Kennel Club certificate of registration for the puppy on which is recorded the transfer of ownership, at no cost to the purchaser.

(6) All puppies are sold subject to:

- a - the purchaser agreeing to assume full responsibility, including but not limited to financial responsibility, for the puppy both physically and mentally, to include regular contact with people and exposure to the outside world, with adequate facilities, including a fenced yard or proper sized exercise area, will not be confined by the use of chains or 'tie-outs', proper training, proper grooming, proper diet and veterinary care; and,

- b - the purchaser agreeing to keep in contact with Waome as to the progress of the puppy; and,

- c - should the buyer, at any time, be unable to keep the dog in question, Waome reserves the first option to take back the dog into their ownership, accompanied by its appropriate registration papers, for the price of one (1) dollar.

If Waome decides to exercise this option, it will either;

- a - decide to keep the dog for its breeding/showing program, in which case it will refund the purchaser an amount to be negotiated at the time which will not exceed the original purchase price, or

- b - decide on the basis of condition, conformation and temperament, to spay/neuter the dog and place him/her in a pet home, in which case no monies will be refunded, or

- c - resell the dog to a suitable home, in which case all expenses incurred will be deducted from the selling price and the difference refunded to the original purchaser.

If Waome does not want the dog for its own program, and knows of someone who may be interested in the dog/bitch at the time, and approves of this new home, they will provide this person with the purchaser's name and address, so a personal contact and other arrangements can be made without the intervention of Waome. Otherwise, the buyer shall only transfer the dog to a new owner who has been approved by Waome. Such approval will not be unreasonably withheld, on condition that the new owner agrees in writing to be bound by the provisions of this contract, including the non-breeding if still applicable. Further the buyer agrees that this dog/bitch will never be sold or given to any retail or wholesale place where dogs are sold or resold tot he public, nor to any research institution where experimental practices take place.

Lastly, if no new home can be found for the dog/bitch, the purchaser has the right to deliver the dog to Waome, accompanied by its appropriate registration papers, with signed transfers and Waome will resume responsibility for the dog. At no time will Waome be responsible for more monies than the original purchase price of the dog.

- d - the purchaser agreeing to notify Waome before the euthanasia of the dog.

(7) As used herein the term "CKC" stands for the "Canadian Kennel Club", "AKC" stands for "American Kennel Club", "PRA" stands for "Progressive Retina Atrophy", "Proper Diet" refers to a top-quality dog food and supplements. Foods NOT to be fed include highly commercialized brands with artificial preservatives. Vitamin E is an acceptable preservative. "Proper Veterinary Care" refers to, but not limited to, inoculations, internal as well as external parasites, heartworm preventative medication. "Proper Grooming" refers to, but not limited to, maintaining the coat in a clean, untangled manner and all items associated with grooming such as nail trimming, teeth cleaning, etc.

VIOLATIONS OF THE CONTRACT SHALL ENTITLE WAOME TO TWO THOUSAND DOLLARS ($ 2,000.00) IN LIQUIDATED DAMAGES, AND OR THE SEIZURE OF THE ABOVE NAMED TIBETAN SPANIEL, WITH OR WITHOUT THE PRESENCE OF THE POLICE OR HUMAN SOCIETY WHICHEVER THE SITUATION DICTATES.

All parties to this agreement as witnessed by their signatures below have read, and understood all of the terms and conditions as set out herein.

Dated at __________________, this___________day of ___________, 200__

 

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