|
PURCHASE AND SALE AGREEMENT
Eshabeta II, Inc.
THIS AGREEMENT, is
entered into on......_____________________________
(please fill in todays date on line above)
between Eshabeta II, Inc.
("Seller"),
and _____________________________________________
("Purchaser").
- Seller wishes to sell, and Purchaser wishes to buy:
one (1) Fila Brasileiro
dog, described as
(sex)......................._____________________________,
(color)...................._____________________________,
(markings) ............_____________________________,
sired by.................
_____________________________,
(Registration No. ._____________________________)
out of ....................._____________________________
(Registration No.. _____________________________)
and whelped on ..._____________________________.
The terms and conditions of this sale
are as follows (Purchaser shall select one sales option by initialing in
blank to left, and adjacent to the purchase price):
[ ] In exchange for Purchaser’s payment of $
_____________, Seller agrees to provide the above-referenced dog. Seller
warrants that the animal has had all vaccinations required in Northwest
Washington, given the age of the dog. (Purchaser is advised to have the dog examined by a
local veterinarian within 30 days.) Purchaser shall take possession of the dog
at Seller’s place of business in Arlington, Washington, or advise Seller of
requested delivery instructions, and make arrangements to pre-pay all non-C.O.D.
delivery costs prior to shipment.
Within one (1) year from the date on which the dog was
whelped, Purchaser may, for any reason, request that the dog be replaced with
a Fila Brasileiro pup of show and breeding quality at the time of shipment
("Replacement Option"). In order to exercise such Replacement
Option, Purchaser must meet the following conditions: a) proof from an
authorized veterinarian that the dog has been spayed or neutered, b) payment
to Seller of an additional sum, which, when added to the purchase price
referenced above, shall equal One Thousand Two Hundred Dollars ($1,200.00),
and c) prepayment of any non-C.O.D. freight or delivery charges that may be
required for shipment of Purchaser’s replacement dog. After one (1) year
from the date on which the initially purchased dog was whelped, such
replacement option shall expire and the sale of the dog referenced above shall
be final.
[ ] In exchange for Purchaser’s payment of $
_______________, Seller agrees to provide the above-referenced dog. Seller
warrants that the animal has had all vaccinations required in Northwest
Washington, given the age of the dog. (Purchaser is advised to have the dog examined by a
local veterinarian within 30 days.)
At Purchaser's discretion, a Fila Brasileiro pup of show
and breeding quality, at the time of shipment, may be requested as a
replacement dog at any time within three (3) years from the date on which the
purchased dog was whelped ("Replacement Option"). In order to exercise
such Replacement Option, Purchaser agrees to : a) provide proof from an
authorized veterinarian that the initially purchased dog has been spayed or
neutered, and b) pre-pay all non-C.O.D. freight or delivery charges that may
be necessary to ship the replacement dog to Purchaser.
- The Fila Brasileiro is a Brazilian breed recognized by the Federation
Cynologique Internationale. It is classified as a rare breed in the United
States, and does not carry American Kennel Club (A.K.C.) registration.
- Seller warrants no condition of purchase other than those specifically
referenced in paragraphs one and two above.
- Purchaser stipulates and agrees that the Seller has thoroughly and
understandably explained the following information concerning the dog
purchased:
 | The Fila Brasileiro is a large and strong breed which has been
used around
the world for many purposes, including tracking,
herding, and protection
work of many varieties. The dog is very
loyal, territorial, and capable of
protective behavior on behalf of
its owner.
|
| Under adverse or threatening circumstances, the dog may be
aggressive, and
may bite. Because of this temperament, the dog
must be properly schooled and
trained.
|
| This purchase and sale agreement is expressly made conditional
upon
Purchaser’s agreement to participate in proper schooling and
training the dog(s) under the direction of a knowledgeable
professional.
|
Purchaser hereby agrees to defend, indemnify and hold Seller harmless from
any complaints, lawsuits, causes of action, or other adverse circumstances
of any kind which may arise as a result of actions taken by the dog after
Purchaser accepts delivery of the dog(s) referenced in this Agreement.
Seller and Purchaser hereby covenant and agree that any disputes which may
arise as a result of this agreement shall be resolved by mandatory binding
arbitration. Purchaser and Seller may mutually agree upon the selection of
an arbitrator. If such agreement is not possible, the dispute shall be
resolved pursuant to the rules and procedures of the American Arbitration
Association. Seller and Purchaser shall be separately and independently
responsible for their own attorney fees and expenses incurred as the result
of any such dispute or arbitration. The location of any such arbitration
proceeding shall be in Snohomish County, Washington.
Seller and Purchaser agree that all terms and conditions governing this
Agreement are provided for herein, and that there are no separate oral
agreements which shall affect the terms of this Agreement.
Under no circumstances will Purchaser surrender their
puppy or adult purchased from Eshabeta to a shelter. The option of
returning the dog/bitch/puppy to Eshabeta Kennel shall be at the purchasers
expense.
Dogs bred by Eshabeta can always be returned at any
stage of their life, altered or not.
Purchaser
By: ______________________________________
please sign name on line above
Date _____________________________________
Name_____________________________________
please print name on line above
Address _________________________________
_________________________________
_________________________________
Telephone Number __________________________
Seller
ESHABETA II, INC.
By: ____________________________________
Dawna Berg, President
Date ___________________________________
|
