The following contract was updated on January 21, 2011 and is a current, working example of what we use when placing a companion pet. All 'co-owned', 'breedable', 'show prospect' or 'co-producer' client contracts may vary slightly. As stipulated in our contract and elsewhere on our web site, all deposits are NON-REFUNDABLE. Sending a deposit or retainer constitutes initiating a contract/sale with Von Krenz Bordeaux®. Therefore, if you have any doubts about the future acquisition of a DDB puppy from us we advise that you hold off until such time that all questions have been answered.
We are always very happy to discuss every aspect of our contract(s) with you prior to accepting a deposit.
You need not be in possession of a signed sales contract from us when making claims for a replacement pup. You only need to be able to verify & prove that you have fulfilled the terms of this contract and be able to provide proof (chip #, DNA profile or sales receipt) that your pup/dogue originated directly from us. This contract is non transferable.
Puppy/Dogue Contract For Von Krenz Bordeaux®
This document represents a legally binding contract to co-own or own one Von Krenz Bordeaux® - A BenchMark Breeder™ Dogue De Bordeaux (male/female) from the litter whelped on (whelping date inserted here).
Sire Registered Name & Number:
Dam Registered Name & Number:
Proposed Name of Pup or Name of Adult (as to appear on registration papers): Note: ALL VK PUPS ARE PRE-NAMED DEPENDING UPON LITTER NUMBER, ETC.
Micro Chip number: (Home Again®)
THIS CONTRACT IS MADE BETWEEN THE SELLER: BENCHMARK BREEDERS, INC., Von Krenz Bordeaux® - A BenchMark Breeder™ of AFTON, MN AND BUYER(S):
Your Name Here
City, State & Zip
___ Purchase Price:
It should be noted that this contract defines the responsibilities of both the buyer and seller. In addition, it is written for the sole purpose of protecting the Dogue De Bordeaux breed and the well being of the pup/dogue. Both parties hereby agree that the following conditions will be met and that no other warranties or conditions are either expressed or implied, unless duly noted under "Special Notes" or in a separate addendum, which will be signed by both buyer(s) & seller(s):
1A. This pup/dogue is being sold as a Breed Quality or Show Prospect prospect male/female. If this pup/dogue should develop a disqualifying fault(s) according to the AKC standard for the Dogue De Bordeaux, then another Dogue De Bordeaux may be purchased for half the original purchase price. This will be done only if all contract criteria have been followed according to contract time lines and after said pup/dogue has been rendered incapable of reproduction and a letter from a licensed veterinarian attesting to this fact has been sent to Von Krenz Bordeaux® by certified mail. Verification of micro chip number must also be provided by licensed DVM.
Or option 1B:
1B. This pup/dogue is being sold as a Companion pup/dogue. A companion quality pup/dogue is sold as such because it possesses a disqualifying fault or is of the opinion of Von Krenz Bordeaux® not to be of 'show quality'. Such a pup/dogue is prohibited from being used for breeding unless, at the age of twenty-four months, it exhibits traits of being able to compete in the show ring or it no longer possesses any disqualifying faults (according to the AKC standard) and the price difference is paid from a companion to show quality status.
2. Vaccination/Medical Schedule: All pups/dogue(s)s are vet checked prior to release by a Board Certified DVM. Vaccination schedule will accompany each pup/dogue. All pups/dogue(s) are sent current on vaccinations and as part of buyer(s) contract obligation each pup/dogue shall be kept current on all vaccinations including but not limited to; Bordetella, Hepatitis/Adenovirus, Parainfluenza, Parvovirus, Rabies & Lyme (in regions where deer ticks are prevalent). In addition, each pup/dogue shall receive an annual physical exam with report forwarded to seller and each pup/dogue shall be wormed according to buyer(s) state laws and/or DVM recommendations. Each pup/dogue shall also be checked annually & kept on heart worm preventative in regions where heart worm is known to exist.
3. Microchip: All Von Krenz Bordeaux® pups/dogues are microchipped. Buyer(s) agrees to properly register and/or transfer micro chip annual dues for activation with designated organization and agree to keep said chip activation current each year there after for the life of said pup/dogue.
4. Feeding Criteria: Our puppies are weaned onto an all natural dog kibbles, free of wheat, corn & soy byproduct starting @ 5 weeks of age. We use such products in weaning our pups as Precise Growth, Natural Balance, Nature´s Variety, Taste of the Wild, Blue Buffalo, Nutro Ultra & Canidae dog Food from 7 weeks on, which is fed in dry form. We require that any pup/dog purchased from us be maintained on an all natural diet for the life (up to 5 years) of your dog to qualify for our 'optional' 5 year replacement warranty.
5. Supplements Criteria: In order to qualify for the 'optional' 5 year replacement warranty we require that the buyer(s) agrees to keep said pup/dogue on NuVet Plus™ Canine vitamin supplements (to be started within 14 days of his/her arrival to you) & NuJoint Plus™ Canine supplements (to be started at 12 months of age) for not less than 5 years. These produces may be ordered direct by contacting NuVet Labs™ @ (800) 474-7044. Order code to obtain these products is 86620.
6. Temperament Development: The temperament in the Dogue De Bordeaux is largely determined by the genetic traits passed on to it by the parents and by early socialization. That is why we are firm believers in selective breeding for conformation and working ability. We want dogues that are protective in nature yet well behaved around children, family and friends. We feel that temperament and socialization are directly related to each other. In this regard, we spend a great deal of time socializing our puppies. Each day our puppies checked over for any unusual changes in their development and introduced to different situations such as exposing them to different floor materials, varying noise levels, both with and without their littermates. We observe and note their actions and base further temperament training on their progress. After six weeks we feel that we can tell you whether or not the particular dogue that you want will be good for future training.
Based on our six-week observation of your puppy, we feel that this puppy will have the temperament to do the following things:
* It must be pointed out that Schutzhund training; police training, obedience training, protection training, tracking, etc. are just that - training. No pup/dogue can just walk on a field and do these things. They must be trained, and trained correctly. We can sell you a pup/dogue with a good potential to do these things, but it is up to you to develop this potential in your dogue. We would also like to point out the fact that there are many good trainers out there; however, they are far outweighed by the bad dog trainers. Unfortunately, untrained individuals use some rather primitive methods to train dogues. ONLY A PROFESSIONALLY LICENSED ORGANIZATION WILL BE RECOGNIZED by Von Krenz Bordeaux® as means of any controlled aggression training. Before you decide on any training which may require 'controlled aggression', we ask that you consult with us so that we may assist you in finding a suitable training facility within your locale. We will be more than happy to help you with training ideas or good people to train with.
7. Breeding Criteria: (*for show/breedable dogues only). This pup/dogue shall not be used for breeding purposes before and not until the following have been submitted to Von Krenz Bordeaux® for final approval to breed:
____ Hip x-rays: OFA or PennHip report must be submitted to Von Krenz Bordeaux® prior to any breeding (24 months of age). OFA conducts prelim hip evaluations as early as 12 months; most Vet clinics are unaware of this point.
____ Elbow x-rays: OFA report must be submitted to Von Krenz Bordeaux® prior to any breeding (24 months of age).
____ Other Health Screens: OFA thyroid, heart, patella & vWD reports must be submitted to Von Krenz Bordeaux® prior to any breeding (24 months of age).
____ Said pup/dogue must also pass at least two of the noted basic obedience certifications or courses; CGC, TDI, TT, CD, CDX, etc.
____ If said pup/dogue is a female, she will not be bred more than once each year not to exceed her fifth birth year, with a maximum of three breeding´s in her life time. Buyer(s) also agree that she will ONLY be bred to a male DDB that has passed an OFA hip/elbow/cardiac certification and that those scores represent a recognized passing score of fair/normal or excellent. A PennHip score does not constitute a passing OFA evaluation.
____ If it is a male, he may only be bred to likewise suitable female DDB candidates with x-rayed hips & approved by Von Krenz Bordeaux® prior to any authorized breeding taking place. If said male DDB is being used with the sole intent to better another breeder(s) program, then Von Krenz Bordeaux® will take into consideration said hip/elbow scores of said female DDB.
8. Naming Criteria: Said pup/dogue shall carry the "Von Krenz" Bordeaux® prefix name in all REGISTRATIONS, ADVERTISING, CONFIRMATION, OBEDIENCE TRIALS, WEB SITE PUBLISHING, MEDIA, TWITTER, FACEBOOK entries or any other use where the said dogue is used in reference.
9. Registered Name: All forms of registration; AKC, UKC, FCI, FIC, etc. shall carry the "Von Krenz" prefix. Usage of another kennel(s) name in conjunction with Von Krenz is expressly prohibited UNLESS that kennel(s) is a part of the exclusive Von Krenz Bordeaux® CO-BREEDER/CO-PRODUCER™ program. Renaming any Von Krenz Bordeaux® pup/dogue shall be met with legal action by Von Krenz Bordeaux®.
10. 1 Year Health Guarantee: All Von Krenz Bordeaux® pups come with a standard 12 month health warranty. If said pup/dogue should pass unexpectedly, present Von Bordeaux® with the following documentation; cause of death as determined by your Veterinarian, copies of paid receipts for all vet visits up to time of death, proof that your puppy was current on all vaccinations, heart worm preventative, rabies, lyme and any other documentation to support that your pup was seen regularly by a licensed DVM to qualify for your replacement pup. Von Krenz Bordeaux® does not issue refunds under any circumstance, nor does Von Krenz Bordeaux® reimburse any vet expenses incurred in the life of your said pup/dogue.
11. 5-Year Replacement Warranty: An optional 5 year* replacement warranty is available to all Von Krenz Bordeaux® bred pups/dogues (* up to 63 months of age maximum). Any pup/dogue that dies before the age of 5 due to any severe genetic disorder and/or natural cause(s); i.e. kidney failure, cardiac arrest, generalized Demodex mange covering 25% or more of body, etc. will be replaced by Von Krenz Bordeaux® with a pup of equal quality at first possible opportunity. Any death due to injury(s) received (car accident, fire, poisoning, heat stroke, etc.) does not constitute replacement. In order for replacement to commence, ALL CONTRACTUAL OBLIGATIONS must have been satisfied and met by defined time lines within said contract. All supported claims for replacement must be supported so with an official necropsy report from a licensed Veterinarian or a Veterinarian University Teaching Hospital, Von Krenz Bordeaux® will review such documentation and render a decision within 90 days of reports being received. Included in documentation a clinic history report shall also be submitted.
12. Hip Dysplasia & Other Health Issues: Von Krenz Bordeaux® warrants that said pup/dogue is the progeny of x-rayed clear parents of any severe or moderate crippling hip dysplasia (DJD) & who have had, at the least, their elbows, patellas & heart screened conducted to insure said pup/dogue exhibits sound health traits and determined to be breedable. If said show/breedable pup/dogue develops severe or crippling Hip Dysplasia (DJD), as evidenced by an OFA evaluation, by age 24 months Von Krenz Bordeaux® will offer a co-owned replacement pup at no cost except for shipping/handling/health certificate fees.
13. Acting Agents: Buyer(s) agrees/certifies that he/she is not acting as an agent for another individual in the purchase of this pup/dogue. And that he/she will not sell this pup/dogue or any of it´s progeny to any agent, broker, pet store, puppy mill, (e.g., mass commercial kennel or guard dog businesses), for profit kennels, convicted dog fighters or any convicted felons.
14. First Right of Refusal: Buyer agrees that he/she will give the first right of refusal to Von Krenz Bordeaux® should buyer decide to dispose of said pup/dogue. Any new owner must also agree to abide by the terms entered into on this contract. In the event that said owner should become deceased, then whatever arrangements they have made within their will or estate for their dogue will be allowed providing said new owner abides by the terms of this contract. It is not the intent of Von Krenz Bordeaux® to separate a family companion from surviving members of said buyer´s family.
15. Safe Guards: Buyer certifies that said pup/dogue shall reside at his/her home located at (as stated in address section of contract) and Buyer agrees to take proper safeguards for the care and safety of said pup/dogue. This includes but is not limited to: proper food, water, shelter from the elements when outside, fenced-in exercise area, leashed exercise, socialization, enrollment into puppy class upon arrival, proper training for obedience, and administered regular immunizations and examinations by a veterinarian.
16. Purpose: The purchase of said pup/dogue is for a family companion, a potential show dogue or a working dogue and cannot be used with the intent to gain income, including any refunds, unless otherwise stated within this contract.
17. Registration: Said pup/dogue shall be registered with the American Kennel Club & carry the Von Krenz prefix. Pups sold without breeding rights shall receive limited registration specifying that said pup/dogue is not sold with breeding rights. Von Krenz Bordeaux® cannot be held responsible for paper work that is delayed or lost through the mail system or held up by the registering organization.
18. Binders/Deposits: Binders/Deposits are required for Von Krenz Bordeaux® to reserve all puppies. Once a binder/deposit is made it represents a commitment by the Buyer to purchase said pup/dogue and is therefore non-refundable. This binder/deposit accounts for all the expenses that are occurred by Von Krenz Bordeaux® in the preparation toward purchase of said pup/dogue. The binder/deposit fee shall be not less than 25% of agreed upon purchase price of said pup/dogue.
19. Payment Method: The aforementioned binder shall serve as down payment for said pup/dogue. This is a non-refundable sum, as addressed within item 18 of this contract. Balance of monies, to be made via 'Cashiers Check' or 'Postal Money Order' or 'US currency', for said pup/dogue should be received at time of pick up, delivery or unless otherwise specified. All other expenses incurred by the Buyer (e.g. shipping costs, health certificate & crate fee), shall be paid in-full prior to shipment of said pup/dogue.
20. Medical Procedures: Von Krenz Bordeaux® is to be notified in a timely manner before any routine/cosmetic medical procedures are to be administered to said pup/dogue, UNLESS said pup/dogue should require immediate emergency medical attention. At which time, Von Krenz Bordeaux® will be provided with full documentation of any and all procedures performed by attending physician. This is required in order to make sure that diagnosis is correct, unless in the event of an emergency in which immediate care must be administered. Whenever possible, a second opinion will be obtained from a University Teaching Hospital at the Buyer´s expense.
21. Special Notes: No other contract or promises are implied other than what is stated in this contract or as noted; any special conditions will be listed here.
22. "Show Prospects": Von Krenz Bordeaux® guarantees that all pups/dogues sold as "show prospects" will be of such quality that if shown or campaigned according to the recommendations outlined by Von Krenz Bordeaux® to the buyer(s) that said pup/dogue shall earn at least one "CHAMPION" title.
23. Upon Arrival of Your Puppy: Buyer(s) agrees to have said pup/dogue thoroughly examined by a board certified licensed DVM within 72 hours of receipt, weekends & holidays excluded. A copy of this initial visit will also be forwarded to Von Krenz Bordeaux® for inclusion into said pup/dogue(s) puppy file. If said pup/dogue(s) is determined not to be of sound health or as promised by Von Krenz Bordeaux®, then said pup/dogue(s) may returned to Von Krenz Bordeaux® at Buyer´s expense for a replacement pup/dogue(s). Said pup/dogue(s) should be shipped back on the first available flight or within 72 hours of agreed upon return date. Any abnormalities found from said pup/dogue(s) first exam will be reported to seller(s) in within 48 hours of receiving notice along with documentation provided by client´s vet(s) returned to Von Krenz Bordeaux®.
24. Released Responsibilities: Buyer(s) hereby releases Von Krenz Bordeaux® - A BenchMark Breeder™ or BenchMark Breeders, Incorporated or its officers from responsibility of any and all liabilities and/or damages by fault of said pup/dogue after said pup/dogue is in the care or possession of Buyer. These damages and liabilities include but are not limited to; general upkeep and care of said animal, any and all vet costs for the life of said pup/dogue(s), maintenance costs associated with keeping said pup/dogue(s), medical bills, destruction of property, physical or emotional damage to any other animal(s) or physical or emotional damage to any person or group of persons. The term "co-ownership" does not imply or show intent that Von Krenz Bordeaux® shall be responsible for any part of said pup/dogue(s) upkeep and or costs associated with owning a Dogue De Bordeaux. Buyer(s) understand that all associated costs with caring for said pup/dogue(s) is strictly the responsibility for person(s) listed on this contract as 'buyer(s)'.
Any violation(s) of the above listed items will render this contract null & void to the buyer. This does not exempt seller from taking legal action to enforce said contractual obligations with buyer(s). Buyer(s) understands that this contract is written up & agreed upon for the best interest of the Dogue de Bordeaux breed. Buyer(s) also understand that any pup/dogue purchased under co-ownership terms was done so with the understanding that Von Krenz Bordeaux® will enforce said breeding obligation(s) of said contract.
The above agreement is made and signed this _____ month on this _____ day of _____, by Von Krenz Bordeaux® - A BenchMark Breeder™ (BenchMark Breeders, Incorporated). Von Krenz Bordeaux® and the buyer agree to assure the well-being of said pup/dogue and it´s progeny.
In the event that it should become necessary to enforce any part of this contract by legal means, any & all attorney(s) fees, court fees & travel expenses will be the responsibility of the buyer(s). This contract shall be deemed a legally binding contract & is under the jurisdiction of the State of Minnesota in the County of Washington. It is further agreed that the place of venue shall be Washington County, Minnesota.
I / We the buyer(s) do hereby certify that we have read this contract, understand its complete contents and agree to it fully.
Buyer(s) Signature(s) & Dated
Witness(s) Signature(s) & Dated (MUST BE NOTARY)
Agent(s) Signature for Von Krenz Bordeaux® & Dated
BenchMark Breeders, Incorporated
Von Krenz Bordeaux® - A BenchMark Breeder™