Inasmuch as Elizabeth Wertz, and hereinafter called “Von Wertz” or "Breeder", offers for sale a show/breeding prospect Rottweiler, hereinafter called “Dog” or “Animal”, further described as:

And, inasmuch as _________________________________________, hereinafter called “Purchaser”, residing at __________________________________________, telephone no. _________________________, wishes to purchase the above-described Dog for the sum of  $______ *, under the following warranties and conditions; no other warranties or conditions are either expressed or implied unless filled in below and initialed by all parties.  No part of this contract is transferable.
*(Deposit of $ __________ paid on __________ and the balance of $ __________ to be paid on __________, and before A.K.C. Registration Application is released).  The deposit will be refunded only if the sex and quality of Animal cannot be supplied.

1. Von Wertz guarantees that the above-described Dog is a purebred Rottweiler, registerable with the American Kennel Club (A.K.C.) and that a true copy of the Dog’s pedigree will be given to the Purchaser.  The Purchaser agrees that this Animal shall be registered in the Von Wertz’s kennel name of “VON WERTZ”, specifically:
   Von Wertz's (H)_________________________________, using the letter “  H  “, as this is the Von Wertz’s “  H  “ litter.

2. Von Wertz guarantees this Animal is healthy and normal to the best of their knowledge at the time of delivery and will furnish Purchaser with information regarding the health record of the Dog, including a full immunization record and schedule on the date of purchase.  Purchaser shall have the right to have the Animal examined by a licensed veterinarian within seventy-two (72) hours of purchase.  If the veterinarian finds the Dog to be suffering from any serious hereditary or communicable disease which could result in demise, extended veterinary care or substantial decrease in value and future development of the Dog, the Purchaser may return the Dog, at his expense, to Von Wertz within forty-eight (48) hours of the examination.  If dog is returned to Von Wertz under this 48-hour provision, all documentation, including a letter from the examining veterinarian, properly completed and endorsed original A.K.C. Blue Slip, and any and all other items provided by Von Wertz to Purchaser in connection with the purchase of Dog must be returned before a full refund of purchase price paid to date can be made.

3. Von Wertz guarantees that this Animal is a direct offspring of O.F.A. certified normal parents and that copies of said certificates will be given to Purchaser.  

4. Purchaser shall assume full responsibility for the mental and physical health of the Dog and agrees to maintain the Animal at all times in good health, including but not limited to:  proper nutrition, regular veterinary check-ups, heartworm preventative, and to secure such vaccinations as outlined by a certified veterinarian.

5. Purchaser agrees to attend Puppy Kindergarten with the Dog between the age of approximately 10 to 16 weeks and agrees to mail a copy of the graduation certificate to the Breeder. Purchaser also agrees to attend an obedience course offered by a qualified and reputable trainer within one year, and will mail proof of this to the Breeder when the course is completed.

6. The Dog must be kept either in a fenced yard, kennel area, or if this is not available, kept on a leash under supervision at all times.  This Dog must never be left out on a chain, tie-out, or overhead runner!  Additionally, this Dog must not be allowed to ride in the back of an open pickup truck without being inside a secured crate.

7. Purchaser agrees to x-ray Dog for hip dysplasia between the age of 24 and 27 months.  These x-rays must be taken according to the Orthopedic Foundation for Animals, Inc. (O.F.A.) procedures and submitted to the O.F.A. for evaluation. If the O.F.A. requests additional x-rays, these must be done according to O.F.A. instructions and the above procedure followed.  This provision applies to the Dog herein, REGARDLESS of whether or not said Dog will be used for breeding.

8. Von Wertz guarantees this Animal for twenty-seven (27) months to be free of all disqualifying faults (per current A.K.C. Breed Standard), monorchidism, cryptorchidism, genetic hip dysplasia (as determined by the O.F.A.).  Should this Dog develop one or more of these faults, upon written proof of said fault (i.e., x-ray, certified veterinarian statement, etc.) the following options are available to the Purchaser:

   1. Purchaser may retain the Animal as a companion/pet and upon written certification from a veterinarian that the Animal has been rendered incapable of reproducing, Von Wertz will allow either a refund of $_____ (the price difference between a show-breeding prospect and companion-pet puppy); or a credit of $_____ towards a replacement show prospect puppy from Von Wertz’s next available litter, and said puppy shall be of equal quality. 

   2. Purchaser may return the Animal, together with the properly endorsed A.K.C. registration, at no expense to Von Wertz, for either a full refund of $_____; or full credit towards a show prospect puppy from Von Wertz’s next available litter, and said puppy shall be of equal quality.  The Animal must be returned in good health (not suffering from any communicable disease and/or external/internal parasites).

   3. If the animal develops crippling hip dysplasia (before the age of twenty-seven (27) months) to the extent a certified veterinarian recommends euthanasia, Von Wertz shall allow a full refund of $_____; or full credit towards a show prospect puppy from Von Wertz’s next available litter, and said puppy shall be of equal quality.

9. It is understood this Animal is being purchased as a potential show and breeding quality Animal.  Purchaser agrees to act as insurer in this respect by providing proper exercise and training for the breed and performance arenas.  Purchaser will offer the Animal every opportunity of success in these arenas through proper training, conditioning, presentation, etc., including the possible services of a professional handler, if deemed necessary.

10. Purchaser agrees to put an A.K.C. performance title on the Dog before the Dog’s third birthday, and forward a copy of the award certificate to the Breeder.

11. Purchaser further agrees that Dog will not be used for breeding until a copy of the final O.F.A. certificate and report have been received by Von Wertz, and then only if Dog’s hips are diagnosed by O.F.A. as normal.  The following requirements also must be met before this Animal is used for breeding:

    1.  The Animal has achieved either an A.K.C. or U.S.R.C. breed or performance event title.

    2. The Animal must be at least two (2) years of age, in good health, of good type and temperament and certified free of hip dysplasia by the O.F.A.

    3. The Animal has no apparent genetic or disqualifying faults according to the current A.K.C. Breed Standard.

    4. The Animal is bred only to Brucellosis-free animals who meet the requirements outlined in “a”, “b”, and “c” above.

12. In recognition of accomplishments, Von Wertz hereby offers to remit to Purchaser the following sums of money for each and every title listed below obtained by Dog.  Proper proof of Dog’s earning any of the above-mentioned titles must be supplied to Von Wertz prior to any monetary award.  Proper proof is a legible copy of the certificate attesting Dog has earned said award issued by the country in which the award was earned.  Said monetary rebate is payable within 90 days AFTER receipt by Von Wertz of proper proof of Dog’s earning any of the following titles.

    1. A.K.C. Breed Championship:  $100.00

    2. A.K.C. CD, TD, HT, PT HS, or Novice Agility Dog Title: $25.00

    3. A.K.C. CDX, TDX, HX, UD, or Advanced Agility Dog Title:  $50.00

    4. A.K.C. Obedience Trial Champion:  $100.00

    5. BH, AD, BST Title:  $25.00

    6. SchH I, II III Title:  $50.00

    7. C.K.C. Breed Championship and/or Obedience Title:  $25.00

13. It is agreed that both Breeder and Purchaser will notify each other of any change in address, phone number, and/or email address.

14. Von Wertz has the first right of refusal in the event that the Purchaser, for any reason must place this dog in a new home. Von Wertz must also approve of any new home before transfer takes place. Such approval will not be unreasonably withheld on the conditions that the new owner agrees in writing, to be bound by the provisions of this contract. This dog may not be sold or given away under any other conditions!

15. It is further agreed by the Purchaser that he/she shall take all reasonable precautions with the described Animal, but in the event the described Animal shall cause harm to person or property, or both, Purchaser shall hold Von Wertz harmless and free of any responsibility, and further agrees to indemnify Von Wertz of and from any and all claims of liability and damages arising there from.

16. It is agreed and understood that this Animal has not been purchased for resale or for use by any wholesale operation.  It is further agreed that the Animal will not be resold to any pet shop, dog farm, wholesaler, or agent for same for any reason whatsoever.  

17. It is agreed that, upon the death of the Animal, at any age and for any reason so far as is practicable, prompt notice will be given to Von Wertz to that effect.

18. It is agreed and understood by the parties hereto that, if the Purchaser should fail to comply with the conditions of this agreement, then the Purchaser shall forthwith allow Von Wertz to replevy the Animal, without further notice.  In the case of the Animal being returned to Von Wertz due to lack of compliance by Purchaser herein, Purchaser shall immediately sign over the A.K.C. registration papers to Von Wertz.  The Animal must be returned at a time set by Von Wertz and at no cost to Von Wertz.

19. It is agreed further that in any legal action between the parties attempting to enforce any of the terms of this agreement, or any action in any other way pertaining to this agreement, the prevailing party shall be entitled to recover expenses, including any reasonable attorneys’ fees.

The foregoing Sales Agreement, made and signed by both parties to assure the well being and protection of this Animal, signed this day ________ of __________________, 2003 is in accordance with my/our understanding and I/we agree to the terms thereof.