The Kennel At Burns Gardens Sales Contract

Thank you for choosing the KENNEL AT BURNS GARDENS

Name of Sire: ____ ________________________________________________
Registration: American# _____________ Canadian# _______ Chic # ________

Name of Dam: ____________________________________________________
Registration: American # __________ Canadian #_______ Chic# _________

Name of Dog: BG’s_______________________ Microchip #_______________ 

Sex:________ Color: _______________________ Markings:______________

Date of whelp:____________________

This is a contractual agreement for the sale and ownership of one Havanese dog. This agreement is made between The Kennel at Burns Gardens (Seller) and the purchaser(s)__________________________________ 

The above dog will be referred to as dog or puppy in this agreement.

The consideration to be paid for this dog is as follows:  ____________________

The consideration is to be paid in full at the time a dog is picked up, or if not picked up, prior to the dog being shipped, pursuant to the arrangements made by the purchaser(s). Payment is to be by a Certified check or Cashier's check made out to The Kennel At Burns Gardens or cash only.

The Kennel At Burns Gardens fully guarantees that all reasonable precaution has been taken in regards to the health of the parents of this puppy and that the parents have received the following tests: Baer (hearing) Cerf (eyes), Patella, Heart, Thyroid, Hips and Elbows.

The puppy was vaccinated at the age of eight weeks, twelve weeks and sixteen weeks if not sold before sixteen weeks and if more than six months old, has received its first Rabies shot. The first set of inoculations should NOT be repeated. The puppy should receive an annual booster shot for the initial three puppy shots one year after the third puppy shot and the next rabies shot (a three year shot) one year after the first rabies shot. No Lepto and No Corona virus vaccine should be given. 

Excessive and combined vaccinations will jeopardize the health of a dog. Any shots should be given at least two weeks apart.

This dog is guaranteed for two (2) years from the date of birth to be free of hereditary defects such as juvenile cataracts.  

This health guarantee is null and void if the dog has been physically mistreated or deprived of proper nutrition or worked or exercised prior to the time the growth plates of the dog’s joints have closed, or if it has not had an annual Cerf exam registered with OFA, or if the dog is vaccinated in any way other than as set forth above, specifically including vaccination for Leptosporosis. The “Lepto” vaccine in particular has proven to be a serious health threat to dogs, Havanese in particular.  

Should there be a hereditary congenital health problem, The Kennel At Burns Gardens will refund all Veterinarian costs buyer actually incurs to treat the congenital health problem up to the amount of $_________, the purchase price of the dog. This refund will be sent to the purchaser after written certification is received from the Veterinarian who is caring for this dog, along with a copy of all bills, medical tests, shot records and office chart notes pertaining to this dog.  

Buyer acknowledges that some health conditions can be either caused solely because of genetic defect or because of environmental factors like trauma. Other health conditions are clearly the result of genetic defect. Veterinarian tests and sometimes surgery can identify the cause of these kinds of health issues. If this dog develops a health issue that is thought to be due to genetic defect, but Seller and Seller’s Veterinarian identify it as one that can be the result of environmental factors, Seller may, at Seller’s option require health testing or surgery by a Veterinarian of Seller’s choice to determine if the cause can be identified and if so, the cause of the health issue. If the health issue is determined by the Veterinarian to be not caused solely because of genetic defect, the Buyer will pay all the medical bills incurred. If the health issue is determined to be solely the result of genetic defect, Seller will pay all the medical bills up to the purchase price of the dog.

In the event this dog dies during the first two years of its life, no refund will be given unless an autopsy is performed and the cause of death is determined by the purchaser’s Veterinarian to have been caused by a specific genetic defect in the dog and the seller has received a written copy of the autopsy and the Veterinarian’s opinion as to the cause of death.  

In the event of the death of the dog within the first two years of its life, the refund that will be provided after an autopsy (with animals commonly referred to as a “necropsy”) has been performed will be the cost of the autopsy as well as all Veterinary bills up to the amount of the purchase price of the dog provided that the Veterinarian puts into writing what genetic problem caused the dog to die. 

No refund will be given for injuries sustained by this dog while in the purchasers care. No refund will be given if the dog dies after it is two years old – no matter the cause.  

The purchaser agrees to CERF this dog annually for at least the first two (2) years following execution of this agreement and, for that same period of time, to provide to The Kennel At Burns Gardens annual notification of health and a digital photograph of the dog. This is necessary in order to continue the health guarantee. If this annual Cerf is not performed and recorded with Cerf, the health guarantee is null and void.

"PET" DOG versus "SHOW DOG"
If this dog is purchased as a pet (the difference between a “pet” dog and a “show dog” is that the purchaser of a “show dog” agrees to show the dog, perform all necessary health testing to obtain the dog’s “Chic” number and preserve the ability to evaluate whether the dog, if breedable and bred might produce a puppy better than it’s parents) and the purchaser of a “pet” dog has no interest in showing the dog or having it shown and agrees that it will be spayed or neutered by the purchaser as soon as the growth plates have closed. The purchaser of a "show" dog also agrees that purchaser or anyone else will not breed this dog unless it has passed the following health tests and they have been published by the Orthopedic Foundation for Animals (OFA): 1. OFA Patella; 2. OFA Thyroid t-4level; 3. Annual Cerf beginning at one year of age; 4. OFA Cardiac; 5. OFA Baer (hearing test normally performed before the dog leaves Burns Gardens) ; 6. OFA Elbow and Hip x-rays.  

In addition, the purchaser of a "show" dog agrees to show or have the dog shown a minimum of twelve shows (typically two shows a weekend in the States and three to four show clusters in Canada) so that Judge's might evaluate the dog and help purchasers ultimately decide if the dog should be bred even if it passes all health tests AND to send The Kennel At Burns Gardens a copy of each "win" photograph.

THERE IS NO DIFFERENCE IN PRICE BETWEEN A SO CALLED "SHOW" DOG ("SHOW DOG PROSPECT" IS A MORE ACCURATE DESCRIPTION OF A PUPPY) AND A "PET" DOG. They come from the same parents and have the same pedigree and have had the same care. The difference is in the purchaser's obligations under this contract and to the dog.  

The dog purchased is to be a “show dog” ____________ (Purchaser's and Seller's initials)

The dog purchased is to be a “pet” dog and will be neutered or spayed ___________ (Purchaser's and Seller's initials)

The Purchaser also agrees that the registered name of the dog purchased will always start with the BG's followed by a space in order to signify that the dog was bred by The Kennel At Burns Gardens.

The Purchaser of this dog agrees it will not be spayed until and unless Seller first agrees in writing that the dog may be spayed.  

Even then, Purchaser agrees to spay this dog no earlier than 18 months of age and to send The Kennel At Burns Gardens a copy of the veterinary report confirming the dog has been spayed or neutered. Spaying or Neutering an animal before it is 18 months can have deleterious effects on the animal. If Purchaser spays or neuters this dog before it is 18 months old, Seller will not be responsible under the health guarantee for ANY health condition caused in whole or in part by or as a result of the animal being spayed or neutered.

This dog was implanted with an ISO microchip for identification on _________________ .

The purchaser agrees to give this dog the necessary care such as shelter, water, quality food, and regular veterinarian care at the cost of the purchaser. 

In the event that the purchaser can no longer keep this dog, the purchaser shall not surrender, give, sell or otherwise transfer this dog to any third party without having given The Kennel At Burns Gardens the first option to take this dog back. The purchaser agrees to never surrender, give, sell or otherwise transfer this dog to an animal shelter or pet store. 

The purchaser shall have the right to return the dog to The Kennel At Burns Gardens, or any other location mutually agreed to by the parties hereto, for any reason whatsoever within three (3) weeks of execution of this agreement and, in the event that the purchaser so returns the dog, The Kennel At Burns Gardens shall, on the day of such return, reimburse the purchaser for the entire costs payable by the purchaser to The Kennel At Burns Gardens pursuant to this agreement. 

This agreement constitutes the entire meaning and understanding between the parties and is entered into by the parties for the protection and well being of this dog. No part of the agreement is transferable.

Purchaser has had the opportunity to review this contract privately and to review it with his or her lawyer before agreeing to the provisions herein and signing in affirmation below.

Purchaser’s signature: _____________________________________________ 
Printed Name:____________________________________________________
Date: ____________________________
EMAIL Address: __________________________________________________ 
Telephone: (home)___________________; (cell)_______________________

Breeder’s Signature: _______________________________________________ 
Robert Wm. Burns
On Behalf of The Kennel At Burns Gardens