Klee Kai Sales Contract

CARROLL'S KLEE KAI
WACO WINN LINE
51 Katies Ln.
Washougal, WA 98671

(360) 837-1429

[email protected]



SALES CONTRACT


It is agreed that this Klee Kai is to be provided with a fenced yard and will not be allowed to run loose outside its owner's yard. It is to be kept in a proper shelter if to be an outside dog and is not to be left unprotected in any way to include being left alone for prolonged periods of time. The animal is apt to revert to wild tendencies as would any animal left to grow up on it's own. It is unfair to the animal and to anyone who could become the second owner of such a dog. S/He must be protected from teasing or abuse from outsiders or family members especially children. Please do not take this the wrong way. I love children and have raised children and grandchildren myself. I am just advocating responsible ownership. This Klee Kai is not to be confined by means of a rope or tether in an open yard. Because these dogs can jump and sometimes climb fences, being tethered in a fenced yard may be necessary. The Buyer must do everything possible to prevent this Klee Kai from roaming free.

Buyer swears s/he is not acting as an agent in the purchase of this Klee Kai, nor will s/he ever sell this Klee Kai to any agent, questionable purchaser, pet store, guard dog business, research facility or any wholesaler of pure-bred dogs. Buyer further agrees that this dog will not be used as a guard dog for any business. S/he will not be chained (unprotected) or attack trained, not to be confused with obedience training which is recommended. Buyer shall never allow or cause of any Klee Kai to be neglected or abused. Buyer shall never allow this Klee Kai to be confined in any animal shelter for any reason. If any Klee Kai including the one being sold now is found to be or to have been in any of these situations, then ownership automatically reverts back to the Breeder without any question.

Your puppy is guaranteed for three working days only if s/he is examined by a certified veterinarian during that period or the earliest appointment reasonably available. Should any serious illness be found at that time, upon written certification from the veterinarian and with a concurring opinion from a second veterinarian not in the same practice, this Klee Kai may be returned for a refund of the purchase price (the actual amount of cash paid for the dog, not the airfare and other charges for shipping and handling, by Buyer to Seller). If the purchase was made by personal check the refund will only be made after that check has cleared the Seller's bank. In the case of an out of state sale a certificate of health will be provided by my vet, this is necessary to be able to ship said animal out of state. The following expenses must be paid in advance and added to the selling price of your dog. They are referred to as handling costs and are as follows: The cost of the Health Certificate which usually runs about $20.00, the cost of the airline kennel which usually runs around $20.00, and the tattoo and registration thereof is $20.00. The airfare will be quoted to each of us prior to reservations being made and the cost of the airline kennel will be the best price I can find. I must pay for the air fare here when the pup is actually being shipped; therefore, the airfare must be paid in advance. If you are uncomfortable with full payment except air fare and handling charges which must be paid in advance, you can choose to wire the money. It is held for two days by the Federal Reserve; however, it will cost you an additional $20.00 which is what they charge me for the service and I must be able to verify with your bank (usually the Vice-President) that the transfer has actually been made. Even though there has been a health certificate issued, it is necessary for you to provide proof of a veterinarian examination within that three day period to insure your guarantee. If you find yourself in the unfortunate position of being the proud owner of a dead or unhealthy puppy, it must be stated by at least two un-associated vets that the illness or death was definitely due to negligence, poor health or poor breeding on my part and definitely not due to mishandling by the airline or other transportation mode.

The airlines will apprise you of necessary weather conditions if the puppy is to be shipped in an unheated cargo compartment. It is my recommendation to over insure the puppy so s/he is not mishandled. This would also insure that you would have enough monetary reimbursement, Heaven forbid, to be able to purchase another puppy. The flight should always be a straight through (if possible) morning flight on a weekday. This better insures that your puppy will not be left sitting on a loading dock somewhere without food or water. There are also some airlines that will carry the dog in the back of the passenger cabin for a little extra money and hand carry it to the pick up area. There is also a Counter to Counter service. The pup is carried to the counter to the plane and from the plane to the ticket counter at your end. In the unlikely event that the your puppy dies, the body is to be shipped back to me for examination by my vet. A telephone conversation from your accredited veterinarian to my vet regarding post-mortem results with a follow-up valid written report would be acceptable in lieu of a body. The airline if found to be negligent, would be solely liable for recompensation.

"Breeding Quality" is a description adopted by The Klee Kai National Kennel Club. A dog who meets all of the breed standards but carries a faulty gene is or it is considered ill-advisable by a Vet to breed the Klee Kai in question, the Klee Kai is called "Show Quality" and may be shown but not bred. An addendum to this contract is necessary if the decision is made at a later date that makes this dog a "Show Quality" dog. This contract would be initiated at the time of the application for "Show Quality" papers. "Breeding Quality" means that the dog if a male has both testicles and males and females meet all other requirements for "Breeding Quality" dogs as set forth by the Official Klee Kai National Kennel Club Standard and the following genetic requirements are met: (1) a Vet must check and certify that the dog does not have a luxating patella, (2) does not have PRA (progressive retinal atrophy), or (3) any other condition which is found to be a problem with the breed even if at a later date than this sale. If the Vet finds any other inheritable defect which is major or it fails either of those checks the Buyer agrees to have said Klee Kai either spayed or neutered as is the case unless the buyer wants to show the dog. If this is the case, the breeder may agree to the addemdum as stated above which contains the conditions as apply to a "Show Quality" dog.

If an animal is sold as a "Breeding Quality" or "Show Quality" animal but it does not meet the breed standards to qualify as same, or has a medical condition which makes it ill-advisable to breed him/her, the purchaser agrees that s/he will have the dog in question spayed or neutered. After having done so, the purchaser will provide proof of same to Breeder who will then refund $50.00 to the Buyer. The refund is only available to persons fulfilling their contract by the age of 10 months old for males and six months old for females. If this Klee Kai was to be a "Breeding Quality" dog but (1) it becomes necessary to wait until the dog is older for a Vet to be able to certify the conditions necessary to meet the requirements contained herein, which sometimes happens; (2) the breeder agrees to a later date, then if the Vet finds faults, the refund will still be made when certification of sterilization is received. If "Breeding Quality" and "Pet Quality" animals have not been neutered as required by this and/or a Spaying and Neutering contract then ownership reverts back to the original Breeder without question.

Please be informed that this animal must meet breed standards to be considered a Breeding Quality animal. There is no guarantee that any animal will develop into a Breeding Quality animal. I can give you my opinion and estimate of size and quality of the dog but this does not guarantee that the animal will meet all of the standards. If it does meet all of the standards and is called "Breeding Quality", I cannot guarantee that the animal will be able to produce offspring.

Buyer agrees that any breeding of this Klee Kai is to be done only after receipt of adult papers marked "Breeding Quality" and then only with another registered "Breeding Quality" Klee Kai. Verification of papers, if in question, may be made through the Breeder, or the Klee Kai National Kennel Club registrar. Names and numbers will be made available if necessary. Any purchaser of a Klee Kai via this contract agrees that they will not participate in or allow any breeding of any Klee Kai unapproved by the Breeder. If said purchaser knowingly and purposefully breaks the rules, ownership of the dog or dogs in question reverts back to the original Breeder. The Breeder reserves the right to leave the dog(s) in question in their present homes but only after they have been altered or s/he may exercise the right to remove the dog(s) from their home(s). If the Breeder allows the owner to retain the dog(s) but the owner refuses to alter said animal(s), then ownership reverts back to the original Breeder. No puppies resulting from such a breeding will be eligible for any kind of recognition.

The Klee Kai breed is promoting only registered Klee Kai. It is not our intention to have breeding of "purebred Klee Kai" with no papers. Very likely this would end up ruining the breed, our gene pool is too small for anyone who is not dedicated to its improvement to be breeding. Many breeds due to breeders lacking the knowledge necessary to do a proper job have been ruined. It is further agreed that the Buyer will comply with all breeding regulations and recommendations given by the Klee Kai Breeder.

Buyer also agrees to sell puppies with a contract that includes this and all other protections and agreements included in this contract. If Buyer fails in any of his/her obligations as set forth in this and all other contracts conveying this sale, the Klee Kai in question shall either be spayed/neutered or ownership shall revert back to Breeder at the Breeders discression.

In some special cases the Breeder may sell a "Breeding Quality" animal on a Co-Ownership. This would indicate that the Breeder wishes to control the mates of the animal due to special circumstances or because the gene pool is in need of that dog's heritage and the breeder needs to expand his/her breeding program in which case there will be an accompanying Co-Ownership Contract either Stud Dog or Bitch.

Submit your Puppy Papers with Transfer Information filled in and your check for $10.00 to Klee Kai National Kennel Club, 51 Katies Ln, Washougal, WA 98671.

It is hereby agreed between purchaser and Seller that in the event that purchaser should ever decide that s/he can no longer keep this Klee Kai for any reason, Seller/Breeder shall have the right of first refusal. Buyer shall offer said Klee Kai to Seller/Breeder at a price equal to, or less than, it will be offered to the general public. Buyer may not offer the dog to the original Breeder at a high price then sell or give him/her away for a lesser price including turning it over to the Humane Society or an animal shelter of any kind. Only written offers from Seller/Breeder to Buyer will be legally binding. Expressly prohibited are any obligations on Seller/Breeder by Buyer based on alleged verbal statements. The "repurchase" of said animal including its papers by Seller/Breeder automatically voids any controls held by the Buyer. Said offer shall be made by certified mail, return receipt requested. Buyer shall not sell the Klee Kai for 15 days after receipt of notice by Seller. Seller shall have that 15 days in which to respond to Buyer's sales offer. If Seller/Breeder does not respond or declines to purchase the Klee Kai, Buyer shall be free at the end of the 15 day waiting period to sell said animal to another person at not less than the price offered to Seller/Breeder.

It is clearly understood by Buyer that returning the Klee Kai with his/her papers and acceptance of same by Seller/Breeder does not implicitly imply a refund or repurchase by Seller/Breeder. Breeder may accept the dog as a rescue dog or keep the dog on consignment depending upon the condition of the dog, both physically and mentally. This Breeder is always available by appointment and is willing to help new owners with behavior problems. I have held obedience classes for 4H kids and am quite willing to help you and your new puppy. If distance is prohibitive, the Buyer agrees to seek advice from an obedience professional before taking any drastic measures. Euthanasia is never to be considered an option unless it is approved by the Seller/Breeder in writing prior to the action. You will be leaving yourself open to a lawsuit if you choose this option without first exploring all of your options with the breeder. If Buyer fails to avail him/herself of this opportunity, then the behavior problem no longer belongs to the dog nor the Breeder but to the new owner that doesn't have the time to make this animal a good pet and companion.

Buyer agrees that any repurchase or refund which might be agreed upon by Seller/Breeder per addendum, will be affected by costs of placing the Klee Kai in another home, retraining and any other costs incurred by Seller/Breeder, i.e., veterinarian bills, training or advertising expenses subsequent to the return of the animal.

Buyer shall provide Seller/Breeder with name, address, and phone number of any person to whom said Klee Kai is sold or given. Any person receiving a dog in this manner and Buyer are legally liable to fulfill any unfulfilled part of all of this contract; therefore, it is the legal responsibility of the Buyer to present the new owner with this contact and apprise him/her of the unfulfilled portions of same, such as a spay/neuter contract. It is Buyers responsibility to impress upon the new owner their responsibility regarding this agreement. Especially important is the Spay/Neuter Contract, you must enforce this contract with whomever you place the dog You must also inform Breeder of the new owners' name/names, address and phone number. If you fail to do so, ownership of this Klee Kai will automatically revert back to Seller/Breeder no matter who is in possession of the animal in question. We are trying very hard to keep the Klee Kai Breed a clean breed (in other words, as few genetic problems as possible by breeding responsibly). We can only accomplish this by keeping in touch with all of the Klee Kai owners. We are of the opinion that any Klee Kai owner past or present would agree and want the same for this very special breed.

In case of the owner(s) death this Klee Kai will:

( )be kept by a family member whose name, address and phone number are as follows:

______________________________________
Name
_____________________________________
Address
______________________________________
City, State, Zip Code
(_____) __________________
Phone number
( )be placed in a new home by a family member as indicated above.
( )be returned to the Breeder for placement in a new home.

Where ever this Klee Kai is placed, the Breeder must be informed of the new owner's name, address and phone number.

Buyer may not sell any Klee Kai from which Seller/Breeder is entitled to puppies or stud service. If it becomes necessary for the New Owner to remove the dog in question, it is the Breeders option whether ownership of the Klee Kai in question will revert back to same or the Breeder will allow the removal, thus release the Co-Ownership Contract. If the Breeder allows the release of the Co-Ownership agreement, the New Owner will pay $2000.00.

Buyer acknowledges receipt of Instructions, Shot Record, and Sales Contract by his/her signature and swears that he/she has read all of same and agrees to all of the terms therein.


________________________________________________________________
Purchaser(s), Date
__________________________________________________
Address
__________________________________________________
City, State, Zip Code
(_____) ___________________________
Phone Number

__________________________________________________
Carroll L. Parkison (Seller/breeder) Date
Your Klee Kai Breeder




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