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AGREEMENT OF SALE OF PERFORMANCE PUPPIES

The Border Collie puppy, to be named Contact Point's ________________________________ has been sold to the person(s) listed above as purchaser(s) on this ___ day of ____________ , 2001, for the sum of $______
THE FOLLOWING DOG
A BORDER COLLIE SEX _______ COLOR______________MARKINGS_________________________
BREEDER KAREN MOUREAUX DATE OF BIRTH __________
PLACE OF BIRTH Fillmore, CA LITTER REG#___________________________
AKC#____________ SIRE _____________________AKC# _____________
Dam AKC# ____________
GUARANTEES AND AGREEMENTS

It is agreed that the intent of the following guarantees and agreements is to protect both buyers and seller, and to ensure that any dog with disqualifying faults according to the Border Collie Standard of Great Britain , with congenital health problems , or who does not posses herding ability will not be used for breeding purposes. The full purchase price recorded on this contract is based on the following guarantees and assumptions by the seller regarding the above-named dog:
1. That the dog is healthy at the time of purchase.
2 . That the dog , when x-rayed will be free of congenital hip dysplasia and elbow dysplasia
3. That the dog will be free of hereditary eye defects
4. That the above dog is not being sold as a breeding or conformation show prospect unless a show contract is attached.
5. The dog is being sold on AKC limited registration and will be spayed/neutered before the age of 2 years unless a show contract is attached.
Health at Time of Sale
This puppy, at time of sale, is a healthy, happy puppy of sound temperament. S/he is the result of selective mating of parents with certified hip and eye and hearing clearances. All Contact Point puppies are sold with a complete health and satisfaction guarantee. Your puppy has had a complete and thorough examination by our Veterinarian at the age of 6 to 7-1/2 weeks and is guaranteed to be in a good, clean state of health on departure from our kennel. Your puppy was also tested for CEA (Collie Eye Anomaly by a board certified veterinary opthamologist ______________ and a copy of the CERF certificate will be provided to you. At the expense of the buyer, the dog must be examined by a certified veterinarian within a 72 hour period of possession of said dog to certify that the dog is free of hereditary defects and that the dog is in good health. If any physical defects are noted by the veterinarian, the buyer may return the dog to the seller and receive a refund of the full purchase price. Purchaser is responsible for a veterinary care after talking possession of the dog. The purchaser agrees to complete the course of vaccinations.
Dog Health and Home Care Agreement
The buyer will take good care of the dog, providing quality nutrition; shelter and medical care, including annual veterinary check ups so as to ensure the physical and emotional well being of the dog. In the event a claim is made of genetic or health defect the buyer is required to turn over all veterinary records before any compensation is made resulting from such claims.
2. The buyer agrees to feed a seller approved Dog Food until the dog has reached one year of age. The buyer agrees to keep the dog at a suitable weight.

3. The buyer agrees to provide daily exercise and to neither overwork nor underwork the dog, and will not allow the dog to run at large unsupervised. The buyer further agrees that the dog has access to a fenced yard . The buyer agrees that the dog has access to water at all times.
4. The buyer undertakes to ensure the puppy receives obedience training, preferably through a recognized training school.
5. The buyer agrees the dog shall never be used for experimental or research purposes.
6. The buyer agrees that dog shall be kept well groomed, free of mats, and flea infestations.
The buyer understands that should the breeder determine that the buyer is not providing adequate care as stipulated above. The breeder has the right to remove the dog from the owner's premises and the buyer shall transfer ownership of the dog to the breeder at the time of removal.
7. The buyer agrees to contact the breeder should the buyer need to part with this dog for whatever reason. The breeder reserves the right to first refusal
8. The buyer agrees to contact the breeder at all times when the dog has been seen by a veterinarian for any condition other than routine reasons. The buyer agrees to divulge to the breeder any hereditary condition which may be detected and to provide copies of the veterinary report to the breeder.
9. The buyer agrees to contact the breeder in the event of the dogs death within 48 hours.
10.The buyer agrees to contact and consult the breeder before the decision is made to euthanize unless euthanasia is required due to a veterinary emergency. Written proof of said emergency to be provided to the breeder within 48 hours of death.
11. The breeder has the right at their expense to request the dog's body so that an autopsy may be performed by a veterinarian.
Failure of the seller to notify the breeder of euthanasia or to refuse to allow an autopsy will result in legal action to recover the original purchase price of the dog.
12. The buyer agrees that Contact Point's is to be the prefix of the dog's name. Failure to use the Contact Point's prefix will result in the voiding of all health guarantees.
Hip Dysplasia/Elbow Dysplasia
A. Buyer agrees to have the above mentioned dogs hips and elbows X-rayed by a licensed veterinarian. The buyer also agrees to submit the above x-rays to the Orthopedic Foundation for Animals. The buyer shall pay all cost for this procedure. A copy of the report from the findings of this X-ray shall be furnished to the seller.
B. Should this report indicate congenital hip dysplasia or elbow dysplasia the buyer shall make available to the sellers all x-rays upon which this diagnosis is based. The sellers shall submit these X-rays to a Fellow of the American Board of Radiology of their choice or to the OFA the diagnosis rendered by either method shall be final and not disputed.
C. It is further understood that this dog is not to be jumped over 8 inches before it's first birthday nor to be introduced to standard height agility contact obstacles, or weave poles before this date. Any deviations from this stipulation will render the hip dysplasia and elbow dysplasia portions of this contract null and void.
D. Buyer further agrees to maintain this dog at the correct weight for a dog of this breed and age as advised by their veterinarian.
E. If the diagnosis of a congenital malformation of the hips or elbows is substantiated, the sellers shall:
a. Upon return of the dog make a full refund to the buyer or
b. The buyer may elect to keep the dog and shall provide notification by a licensed veterinarian that the dog has been spayed/neutered at which time seller will refund 1/2 the total purchase price of the dog.
Hereditary Eye Diseases
A. Buyer agrees to have the above dog tested by a certified veterinary ophthalmologist between the age of 12 and 24 months. The buyer agrees to submit the above report to the CERF foundation. The buyer agrees to pay all cost for this procedure.
B. Should this report indicate an inherited eye disease the buyer agrees to make this report available to the breeder.
C. If the diagnosis of a hereditary eye disease is substantiated. The seller shall:
a. Upon return of the dog make a full refund to the buyer or
b. The buyer may elect to keep the dog and shall provide notification by a licensed veterinarian that the dog has been spayed/neutered at which time sellers will refund 1/2 the total purchase price of the dog.
Epilepsy
A. If the dog should display congenital epilepsy before the age of 3 years the breeder will refund 50% of the purchase price to the purchaser upon satisfactory proof of the defect, evidence that it appears to be genetic in origin, and a written diagnosis provided by a board certified veterinary neurologist. Should a board certified veterinary neurologist definitive diagnosis congenital epilepsy the purchaser will also have the option of returning the dog to the breeder for a complete refund of $.
Conditions and Provisions
If the buyer elects a refund under the terms of this contract, he/she agrees to furnish proof that the dog has been sterilized prior to refund.
If under any circumstances, the buyer decides to sell or otherwise dispose of this dog, the buyer agrees to give the seller the right to repurchase the dog for an amount that is not more than the original purchase price of $_____. If the buyer returns this dog to the sellers, the buyer agrees to pay all costs of return.
The buyer agrees to make any claims arising out of the foregoing guarantees no later than this dog's third birthday. After that date the sellers will no longer be responsible to the buyer in these matters. However it is understood by the buyer that first right of refusal on the purchase of this dog belongs to the seller the life time of the dog.
Limited Registration and Non-Breeding Contract
Puppies sold on an Agreement of Sale of Pet Puppies shall be spayed/neutered by the Purchasers before the dog attains twelve months of age. Puppies leaving Contact Point Kennels do so on a AKC Limited Registration unless a show addendum is attached
In the event that a dog is used for breeding which is sold as a pet, or where written permission of Contact Point Kennels has not been given to breed the said dog, a $10,000.00 fee shall be levied and this fee shall be binding upon the said purchaser.
It is understood and agreed to by the parties to this agreement that this agreement and the purchase and sale of the said dog shall fall under the jurisdiction of the laws of the county and state of residence of the breeder respect to this Agreement shall be dealt with as per the laws governing this location. It is further understood that any circumstances/situations/disputes arising which are not covered within this Agreement shall be remedied at the discretion of the breeder and the breeder's decision shall be final and binding.
By signing this Agreement of Sale, the buyer acknowledges having read this Agreement in its entirety and agrees to all terms and conditions within this agreement.
Purchase Price_______________________
Signature of Buyer___________________ Date__________________
Signature of Seller/Breeder__________________ Date__________________
Signature of Seller/Breeder___________________ Date__________________

Show Contract Addendum
Entered into this _______ day of 2001 by Karen Moureaux, 23539 Burbank Blvd., Woodland Hills, CA 91367 (hereinafter referred to as the "breeder/co-owner") and ______________________________________________________ (hereinafter referred to as the "purchaser/owner") pertaining to the sale of a ___________ Border Collie puppy whelped______
Color and Markings _____________________ Litter Registration Number_______________________
The above dog is being sold to the purchaser/owner on full registration with the understanding that he/she must be co-owned while intact with the breeder/co-owner. It is the purpose of this co-ownership to insure that the above dog is never used for breeding purposes without the written consent of the breeder/co-owner. It is further understood that the purchaser/owner or any other party may not collect semen if this is a male dog for later use without the written consent of the co/owners/breeder. It shall also be understood that any accidental matings shall also be considered a violation of this contract.
In the event that this dog is used at stud, collected or accidentally mated the co/owners/breeder will pursue all means necessary to recover damages as stated in the pet/performance contract under breeding and should the aforementioned event occur the co-owners/breeder may also elect to remove the dog from the owners premise's after compensation of no more then half the purchase price of or the dog.
2) It is further understood that the co-owners/breeder will never require the above animal to be used at stud or collected if male or to produce a litter if female.
3) The owner/purchaser of the above dog will have all rights and responsibilities for the welfare of this dog with the acceptance of the above breeding rights or those rights specifically given to the breeder in the attached pet/performance contract . All cost and liabilities associated with the care, feeding, training and health shall be the sole responsibility of the owner/purchaser with the exception of those given to the breeder in the pet/performance contract.
4) All trophies, awards, ribbons etc will be owned sole by the owner/purchaser
5) The owner/purchaser may terminate the co/ownership at any time by spaying/neutering the above animal and presenting written proof from a licensed veterinarian to the breeder/co-owner.
6) The owner/purchaser will make all decisions concerning the show/performance career of this animal and will not be bound to any request concerning show/performance made by the co-owner/breeder.
7) It is understood that this dog is being sold for the performance price of ________ and that any disqualify faults will not be grounds for compensation.
8) It is understood that this dog may not be co-owned by any other parties then the above owner/purchaser and co/owner/breeder while this addendum contract remains enforce.
9) It is understood that in the event of the death of the above purchaser/owner/s the dog will be returned to the co/owner/breeder.

10) It is understood that in the event of the deaths of both co/owners/breeders that the estate of Karen Moureaux will have no claim to this animal and that the dog along with the breeding rights will be the sole property of the owner/purchaser.

E-mail
Karen Moureaux 
2492 Grand Ave.
Fillmore, CA
93015
or phone us at: 
(805) 524-7900