Prepared by:
Freeman, Laycock & McDaniel
54 East Main Street, Norwalk, OH 44857
419-668-4896
##
#CONTRACT FOR THE SALE OF CANINE
ARTICLE 1. RECITALS
A. Nature of Contract and Names of Parties
This is an agreement for the sale of an Shiba Inu puppy between Candyrock Kennels, INC (Seller),
of 13701 Andress Road, Berlin Heights, OH 44814, and __________________________
(___________________________________________(buyer)
on the following date: _____________________________.
B. Governing Law
The parties specifically intend that the provisions of the Ohio Revised Code Annotated, Sections
1302.01 to 1302.98 inclusive, will control all aspects of this agreement and its interpretation and that
all the definitions contained in those statutes will be applicable to this contract, except when this
contract expressly provides otherwise.
C. Integrated Agreement
The terms of this contract are intended by the parties as a final expression of their agreement with
respect to the terms and also as a complete and exclusive statement of the terms.
ARTICLE 2. DESCRIPTION OF CANINE
A. Description of Canine
Shiba Inu Puppy
Sire: ____________________ Dam: _____________________
Reg#: ___________________ Reg#: _____________________
Litter Number: ____________ DOB: _____________________
Microchip Number: ____________________________________
B. Canine’s Immunization Record
Current shot records for the aforementioned canine are attached as Exhibit A and made a part of
this contract.
C. Quantity
This contract is for the purchase of the one canine described above. If an additional canine is to be
purchased, an additional contract must be completed by both the Buyer and the Seller.
D. Registration
All Shiba Inu puppys are sold with Limited Registration. Seller will issue AKC paperwork to Buyer
only after Buyer has furnished Seller with written proof, signed by a licensed veterinarian, that the
canine was spayed or neutered within six (6) months of the date of this Agreement. If found the the
puppy was bred through any other club or registration and Candyrock will enforce a 5,000.00 fine
plus court cost and will forfeit all ownership of said dog back to Candyrock Kennel. Any shipping
cost will that are buyer as well.
ARTICLE 3: RIGHT OF FIRST REFUSAL
Buyer promises neither to give, sell, transfer or otherwise dispose of the canine without first offering
the canine to Seller for repurchase at the purchase price listed in this agreement.
ARTICLE 4: CARE OF CANINE
Buyer promises NOT to “chain up” the canine for extended periods of time, nor in any other way
mistreat or abuse the canine.
Buyer understands that any and all information Seller receives regarding inappropriate care of the
canine will be swiftly dealt with as follows: Seller will immediately contact the local Police Department
and Humane Society and urge both organizations to investigate Buyer’s care of the canine. Buyer
agrees that title to the canine shall immediately vest in the Seller if and/or when the Humane Society
takes possession of the canine.
In the event that Buyer abandons the canine, Buyer agrees that title shall immediately vest in the
Seller and the Seller may, with police accompaniment if necessary, take immediate possession of the
canine. For purposes of this document, abandonment occurs when Buyer moves out of his or her
current residence and leaves the canine behind with no person to care for it.
In the event that title vests in Seller as a result of either of the preceding two paragraphs, Buyer
agrees that he or she shall have no remedy, whether in law or equity, to recover title or possession
in the canine or to recover damages.
ARTICLE 5: SELLER’S WARRANTIES
Shiba Inu
Seller expressly warrants that the canine will be sound and healthy for a period of three (3) business
days from the date of this Agreement. This warranty applies to all defects diagnosed by a licensed
veterinarian that do not rise to the level of a genetic defect, yet are still disabling to the canine.
Examples of such defects include heart murmurs and/or neurological damage.
Seller expressly warrants that the canine will be free from genetic defects for a period of twenty-four
(24) months from the date of birth (DOB). For purposes of this agreement, genetic defects shall be
defined to include only those genetic defects that, in the opinion of a licensed veterinarian, cause
permanent damage to the health of the dog. Genetic defects common to the Shiba Inu Breed which
are Bone - Narrow canines, Uveodermatologic synodrome,wry mouth, Rostrally displaced maxillary
canine.
In order for Buyer to maintain his or her rights with respect to the preceding two warranties, BUYER
MUST TAKE THE CANINE TO A LICENSED VETERINARIAN FOR A MEDICAL EXAMINATION AND
FURNISH SELLER WITH A COPY OF THE REPORT OF SUCH EXAMINATION BOTH WITHIN THREE
(3) BUSINESS DAYS OF THE DATE OF THIS AGREEMENT.
If at that time the canine is found to have any defect, Buyer must furnish to Seller documentation
from the veterinarian within three (3) business days of this Agreement and MUST PERMANENTLY
RETURN THE DEFECTIVE CANINE to Seller within ten (10) business days of the diagnosis in order
to be refunded his or her purchase price or be tendered a replacement canine of equal or lesser
value. If the canine is found to be healthy at the aforementioned examination, but later develops a
genetic defect within the twenty-four (24) month time period, Buyer is entitled to a refund of his or
her purchase price or a replacement canine of equal or lesser value if Buyer furnishes to Seller
documentation from a licensed veterinarian within three (3) business days of the diagnosis and IF
THE DEFECTIVE CANINE IS PERMANENTLY RETURNED to Seller within ten (10) business days of
the diagnosis. If, after the finding of a later genetic defect, Buyer does not feel comfortable
returning the canine, documentation from a licensed veterinarian within three (3) business days of
the diagnosis and if Buyer meets with a licensed veterinarian in order to develop a strategy for the
care of the defective canine.
If the canine should unexpectedly die within the twenty-four (24) month time period, Buyer must
furnish a copy of the death certificate, signed by a licensed veterinarian, to Seller within three (3)
business days of the canine’s death. Before issuing a refund or replacement canine, Buyer agrees
that Seller may order a necropsy done at Buyer’s expense in order to determine the cause of death.
If that cause of death is a genetic defect, Seller agrees to honor the warranty as described in the
terms of this Article 5.
The refund or replacement mentioned in this warranty provision is the only consideration available to
a Buyer who purchases a canine with a defect. At no time will Seller be liable or responsible for
medicines, vaccinations, veterinary bills, or other medical bills not already incurred upon tender of
the canine to Buyer or to the carrier responsible for shipment.
Buyer understands and agrees that the aforementioned guarantees are the only guarantees of the
health of the canine made by Seller. The long term health of the canine is the sole responsibility of
Buyer and includes regular vaccinations, proper nutrition, exercise, care, and visits to the
veterinarian. Accordingly, Seller is only responsible in accordance with the above warranty
provisions for defects that are diagnosed by a licensed veterinarian and timely reported to Seller in
accordance with this Article 5.
ARTICLE 6. DISCLAIMERS OF WARRANTIES
A. Limitation on Express Warranty
BUYER’S RIGHTS UNDER THE EXPRESS WARRANTY PROVISIONS CONTAINED IN ARTICLE 5 OF
THIS AGREEMENT ARE ONLY ENFORCEABLE IF BUYER STRICTLY COMPLIES WITH ALL OF THE
TERMS OF ARTICLE 5. FOR THAT REASON, ALL OF THE LIMITING PROVISIONS OF ARTICLE 5’
S EXPRESS WARRANTY ARE HEREBY INCORPORATED BY REFERENCE INTO THIS
DISCLAIMER. IN ADDITION TO THE LANGUAGE IN ARTICLE 5, THE FOLLOWING DISCLAIMERS
SHALL ALSO APPLY:
NO WARRANTY COMPENSATION WILL BE PAID TO OR EXCHANGED WITH BUYER UNLESS
EVIDENCE OF A DEFECT IS PROVED BY THE WRITTEN, SIGNED RECORD OF A LICENSED
VETERINARIAN AND SUCH RECORD IS TIMELY RECEIVED BY SELLER IN ACCORDANCE WITH
ARTICLE 5.
SELLER EXPRESSLY RESERVES THE RIGHT TO WITHHOLD WARRANTY PAYMENTS OR
EXCHANGES UNTIL THE TERMS OF ARTICLE 8 OF THIS AGREEMENT ARE PROPERLY
COMPLIED WITH.
BUYER MUST PROVIDE TO SELLER WRITTEN PROOF, SIGNED BY A LICENSED VETERINARIAN,
THAT THE CANINE WAS SPAYED OR NEUTERED WITHIN SIX (6) MONTHS OF THE DATE OF THIS
AGREEMENT. IF SELLER DOES NOT TIMELY RECEIVE SUCH DOCUMENTATION, THE ARTICLE 5
EXPRESS WARRANTY PROVISIONS IMMEDIATELY BECOME NULL AND VOID.
BUYER AGREES THAT THE ARTICLE 5 EXPRESS WARRANTY PROVISIONS ARE NON-
TRANSFERRABLE AND NON-ASSIGNABLE.
B. Implied Warranty of Merchantability
SELLER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE CANINE
BEING SOLD.
C. Implied Warranty of Fitness
SELLER DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WITH
RESPECT TO THE CANINE BEING SOLD.
ARTICLE 7. PRICE, PAYMENT AND DELIVERY
The price for the canine that is the subject matter of this contract is $ ________________.
If Buyer is picking up the canine from the Seller’s location, Buyer agrees to tender the full purchase
price at the time the canine is picked up. If Seller is shipping the canine, Buyer agrees to pay to
Seller the full purchase price at least two weeks before the anticipated shipment date. Seller
reserves the right to withhold shipment until the purchase price is paid in full. Buyer agrees that he
or she bears the risk of loss during shipment.
ARTICLE 8. COMMUNICATION
All correspondence regarding the canine, including correspondence from Buyer’s veterinarian, must
include the canine’s microchip number.
ARTICLE 9. MISCELLANEOUS PROVISIONS
.
All references to Seller in this document refer to Candyrock Kennels, its successors and assigns.
Signatures:
Buyer: Seller:
Candyrock Kennels, INC.
______________________ 13701 Andress Road
Print Name Berlin Heights, OH 44814
______________________ _______ _______________________
________ Signature Date Signature of Agent - Date
Kathy Eichenlaub or
George Eichenlaub
Buyer’s Contact Information:
Phone: _____________________Cell:______________________________________________
Address:: ______________________________________________________________________
Email: ______________________
Candyrock Kennel is not reasonable for any parasite control at any time. Including but not limited to
Garadia, Coccidia, Parvo.
Freeman, Laycock & McDaniel
54 East Main Street, Norwalk, OH 44857
419-668-4896
##
#CONTRACT FOR THE SALE OF CANINE
ARTICLE 1. RECITALS
A. Nature of Contract and Names of Parties
This is an agreement for the sale of an Shiba Inu puppy between Candyrock Kennels, INC (Seller),
of 13701 Andress Road, Berlin Heights, OH 44814, and __________________________
(___________________________________________(buyer)
on the following date: _____________________________.
B. Governing Law
The parties specifically intend that the provisions of the Ohio Revised Code Annotated, Sections
1302.01 to 1302.98 inclusive, will control all aspects of this agreement and its interpretation and that
all the definitions contained in those statutes will be applicable to this contract, except when this
contract expressly provides otherwise.
C. Integrated Agreement
The terms of this contract are intended by the parties as a final expression of their agreement with
respect to the terms and also as a complete and exclusive statement of the terms.
ARTICLE 2. DESCRIPTION OF CANINE
A. Description of Canine
Shiba Inu Puppy
Sire: ____________________ Dam: _____________________
Reg#: ___________________ Reg#: _____________________
Litter Number: ____________ DOB: _____________________
Microchip Number: ____________________________________
B. Canine’s Immunization Record
Current shot records for the aforementioned canine are attached as Exhibit A and made a part of
this contract.
C. Quantity
This contract is for the purchase of the one canine described above. If an additional canine is to be
purchased, an additional contract must be completed by both the Buyer and the Seller.
D. Registration
All Shiba Inu puppys are sold with Limited Registration. Seller will issue AKC paperwork to Buyer
only after Buyer has furnished Seller with written proof, signed by a licensed veterinarian, that the
canine was spayed or neutered within six (6) months of the date of this Agreement. If found the the
puppy was bred through any other club or registration and Candyrock will enforce a 5,000.00 fine
plus court cost and will forfeit all ownership of said dog back to Candyrock Kennel. Any shipping
cost will that are buyer as well.
ARTICLE 3: RIGHT OF FIRST REFUSAL
Buyer promises neither to give, sell, transfer or otherwise dispose of the canine without first offering
the canine to Seller for repurchase at the purchase price listed in this agreement.
ARTICLE 4: CARE OF CANINE
Buyer promises NOT to “chain up” the canine for extended periods of time, nor in any other way
mistreat or abuse the canine.
Buyer understands that any and all information Seller receives regarding inappropriate care of the
canine will be swiftly dealt with as follows: Seller will immediately contact the local Police Department
and Humane Society and urge both organizations to investigate Buyer’s care of the canine. Buyer
agrees that title to the canine shall immediately vest in the Seller if and/or when the Humane Society
takes possession of the canine.
In the event that Buyer abandons the canine, Buyer agrees that title shall immediately vest in the
Seller and the Seller may, with police accompaniment if necessary, take immediate possession of the
canine. For purposes of this document, abandonment occurs when Buyer moves out of his or her
current residence and leaves the canine behind with no person to care for it.
In the event that title vests in Seller as a result of either of the preceding two paragraphs, Buyer
agrees that he or she shall have no remedy, whether in law or equity, to recover title or possession
in the canine or to recover damages.
ARTICLE 5: SELLER’S WARRANTIES
Shiba Inu
Seller expressly warrants that the canine will be sound and healthy for a period of three (3) business
days from the date of this Agreement. This warranty applies to all defects diagnosed by a licensed
veterinarian that do not rise to the level of a genetic defect, yet are still disabling to the canine.
Examples of such defects include heart murmurs and/or neurological damage.
Seller expressly warrants that the canine will be free from genetic defects for a period of twenty-four
(24) months from the date of birth (DOB). For purposes of this agreement, genetic defects shall be
defined to include only those genetic defects that, in the opinion of a licensed veterinarian, cause
permanent damage to the health of the dog. Genetic defects common to the Shiba Inu Breed which
are Bone - Narrow canines, Uveodermatologic synodrome,wry mouth, Rostrally displaced maxillary
canine.
In order for Buyer to maintain his or her rights with respect to the preceding two warranties, BUYER
MUST TAKE THE CANINE TO A LICENSED VETERINARIAN FOR A MEDICAL EXAMINATION AND
FURNISH SELLER WITH A COPY OF THE REPORT OF SUCH EXAMINATION BOTH WITHIN THREE
(3) BUSINESS DAYS OF THE DATE OF THIS AGREEMENT.
If at that time the canine is found to have any defect, Buyer must furnish to Seller documentation
from the veterinarian within three (3) business days of this Agreement and MUST PERMANENTLY
RETURN THE DEFECTIVE CANINE to Seller within ten (10) business days of the diagnosis in order
to be refunded his or her purchase price or be tendered a replacement canine of equal or lesser
value. If the canine is found to be healthy at the aforementioned examination, but later develops a
genetic defect within the twenty-four (24) month time period, Buyer is entitled to a refund of his or
her purchase price or a replacement canine of equal or lesser value if Buyer furnishes to Seller
documentation from a licensed veterinarian within three (3) business days of the diagnosis and IF
THE DEFECTIVE CANINE IS PERMANENTLY RETURNED to Seller within ten (10) business days of
the diagnosis. If, after the finding of a later genetic defect, Buyer does not feel comfortable
returning the canine, documentation from a licensed veterinarian within three (3) business days of
the diagnosis and if Buyer meets with a licensed veterinarian in order to develop a strategy for the
care of the defective canine.
If the canine should unexpectedly die within the twenty-four (24) month time period, Buyer must
furnish a copy of the death certificate, signed by a licensed veterinarian, to Seller within three (3)
business days of the canine’s death. Before issuing a refund or replacement canine, Buyer agrees
that Seller may order a necropsy done at Buyer’s expense in order to determine the cause of death.
If that cause of death is a genetic defect, Seller agrees to honor the warranty as described in the
terms of this Article 5.
The refund or replacement mentioned in this warranty provision is the only consideration available to
a Buyer who purchases a canine with a defect. At no time will Seller be liable or responsible for
medicines, vaccinations, veterinary bills, or other medical bills not already incurred upon tender of
the canine to Buyer or to the carrier responsible for shipment.
Buyer understands and agrees that the aforementioned guarantees are the only guarantees of the
health of the canine made by Seller. The long term health of the canine is the sole responsibility of
Buyer and includes regular vaccinations, proper nutrition, exercise, care, and visits to the
veterinarian. Accordingly, Seller is only responsible in accordance with the above warranty
provisions for defects that are diagnosed by a licensed veterinarian and timely reported to Seller in
accordance with this Article 5.
ARTICLE 6. DISCLAIMERS OF WARRANTIES
A. Limitation on Express Warranty
BUYER’S RIGHTS UNDER THE EXPRESS WARRANTY PROVISIONS CONTAINED IN ARTICLE 5 OF
THIS AGREEMENT ARE ONLY ENFORCEABLE IF BUYER STRICTLY COMPLIES WITH ALL OF THE
TERMS OF ARTICLE 5. FOR THAT REASON, ALL OF THE LIMITING PROVISIONS OF ARTICLE 5’
S EXPRESS WARRANTY ARE HEREBY INCORPORATED BY REFERENCE INTO THIS
DISCLAIMER. IN ADDITION TO THE LANGUAGE IN ARTICLE 5, THE FOLLOWING DISCLAIMERS
SHALL ALSO APPLY:
NO WARRANTY COMPENSATION WILL BE PAID TO OR EXCHANGED WITH BUYER UNLESS
EVIDENCE OF A DEFECT IS PROVED BY THE WRITTEN, SIGNED RECORD OF A LICENSED
VETERINARIAN AND SUCH RECORD IS TIMELY RECEIVED BY SELLER IN ACCORDANCE WITH
ARTICLE 5.
SELLER EXPRESSLY RESERVES THE RIGHT TO WITHHOLD WARRANTY PAYMENTS OR
EXCHANGES UNTIL THE TERMS OF ARTICLE 8 OF THIS AGREEMENT ARE PROPERLY
COMPLIED WITH.
BUYER MUST PROVIDE TO SELLER WRITTEN PROOF, SIGNED BY A LICENSED VETERINARIAN,
THAT THE CANINE WAS SPAYED OR NEUTERED WITHIN SIX (6) MONTHS OF THE DATE OF THIS
AGREEMENT. IF SELLER DOES NOT TIMELY RECEIVE SUCH DOCUMENTATION, THE ARTICLE 5
EXPRESS WARRANTY PROVISIONS IMMEDIATELY BECOME NULL AND VOID.
BUYER AGREES THAT THE ARTICLE 5 EXPRESS WARRANTY PROVISIONS ARE NON-
TRANSFERRABLE AND NON-ASSIGNABLE.
B. Implied Warranty of Merchantability
SELLER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE CANINE
BEING SOLD.
C. Implied Warranty of Fitness
SELLER DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WITH
RESPECT TO THE CANINE BEING SOLD.
ARTICLE 7. PRICE, PAYMENT AND DELIVERY
The price for the canine that is the subject matter of this contract is $ ________________.
If Buyer is picking up the canine from the Seller’s location, Buyer agrees to tender the full purchase
price at the time the canine is picked up. If Seller is shipping the canine, Buyer agrees to pay to
Seller the full purchase price at least two weeks before the anticipated shipment date. Seller
reserves the right to withhold shipment until the purchase price is paid in full. Buyer agrees that he
or she bears the risk of loss during shipment.
ARTICLE 8. COMMUNICATION
All correspondence regarding the canine, including correspondence from Buyer’s veterinarian, must
include the canine’s microchip number.
ARTICLE 9. MISCELLANEOUS PROVISIONS
.
All references to Seller in this document refer to Candyrock Kennels, its successors and assigns.
Signatures:
Buyer: Seller:
Candyrock Kennels, INC.
______________________ 13701 Andress Road
Print Name Berlin Heights, OH 44814
______________________ _______ _______________________
________ Signature Date Signature of Agent - Date
Kathy Eichenlaub or
George Eichenlaub
Buyer’s Contact Information:
Phone: _____________________Cell:______________________________________________
Address:: ______________________________________________________________________
Email: ______________________
Candyrock Kennel is not reasonable for any parasite control at any time. Including but not limited to
Garadia, Coccidia, Parvo.
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