Kelso's Gr8 Danes

Home of the Natural Ear Danes!!!!

On the page below you will find an explanantion of our Puppy Purchase Agreement, our Purchase Agreement, our Co-Owner Agreement, and our Re- Adoption Agreement. Please read them carefully for all puppies that come from Kelso's GR8 Danes are sold on a contract!!! If you are not prepared to sign or follow our LEGALLY ENFORCEABLE contracts, then please look elsewhere for your puppy!!!! We are serious about our puppies and our contracts. We will do whatever it takes to protect our puppies to make sure they do not fall into the hands of "Puppy Mills" or "Neglectful Owners".

If you have questions or concerns about our contracts PLEASE contact me so we may discuss them!

Our contract is designed to protect the Puppy, the Buyer, the Great Dane Breed, and then Me (Yes, in that order).

   <-- Simply click on the link to email me or you can reach me by telephone at (302) 437-6041

 I am always willing to explain why I care about the puppies I breed from the day they are born until the day they pass from this world to the next!

Please Consider: Purchasing a puppy should be a life long commitment to the dog. A new puppy will need to be trained, fed, vet expenses, crate, bed, monthly Heartworm/Flea & Tick Prevention, etc. Please make sure you are well prepared for all of your new puppy's financial needs!!! Giant Breed means "Giant" size bills as well. If you are not prepared to take on this commitment then please do not purchase a puppy!!!! Because it will be the puppy that gets hurt and loose his/her home because you were not as committed as he/she is at pleasing you for the rest of it’s life! Please think long and hard about the commitment of owning a dog, this is not like buying a new pair of shoes that when they do not “fit” anymore, you just toss them aside.

Explanation Of Our Puppy Purchase Contract

1) Description of Puppy: This section contains the information about the puppy you are purchasing. It describes the puppy’s breed, color, sex, Micro Chip Number, AKC registration number and name. It also gives you the information about the Sire and Dam of your puppy.

DNA Profile # : This number is given to a dog when a DNA sample is given and profiled by the AKC. If you ever have your dog DNA Profiled, this will prove the said Sire and Dam are the correct parents of your puppy, so you will know you have a pure bred Great Dane from the parents you were told were the parents from the breeder! I would only buy puppies from parents with DNA profiles. This way you know what you are buying. If the parents are not DNA profiled, what is that Breeder hiding? How can you be sure the parents are really the parents of your puppy? I hope not just because they say so!

What’s in a name: A lot of people ask me why can’t I call my dog “Fido”, well you can call your dog “Fido” if you choose! This is referred to as a “call name” (the name you call your dog on an every day basis). However, The name on your puppy’s AKC Registration is different then the call name. A dog’s registered name gives people a lot of information about your puppy. Example: “Magic’s Belair V Crosswinds” (This name was taken off of Osiris’ AKA: Kelso’s Darkside Rendezvous, pedigree) You might look at the name and say, “What an unusual name!” However, if you were at a dog show looking at a potential Stud or Bitch to mate with one of your dogs, or looking at a pedigree, this name can give you a lot of information about that particular dog. “Magic” is the name of the kennel that owns the bitch, “Belair” is the theme name of a litter. All the puppies in that litter will have a name that goes with that theme. This allows you to know what puppy belongs to what litter, so you can identify it’s littermates. This way there is no confusion when it comes down to breeding or at the show you know what dogs belong to what kennel, and if littermates are placing (winning). “V” means of, so in this case, “of Crosswinds”. “Crosswinds”, is the name of the kennel where the Sire came from or the kennel name where the puppy now belongs to. If you don’t see this, sometimes it means the same kennel owns both parents or the bitch owner did not credit the stud‘s Kennel.

Why do we Micro Chip our puppies: We microchip and register all the chips to Kelso’s GR8 Danes, so we will be contacted incase one of our puppies is not returned to us, but rather turned into a shelter or a rescue group or found wondering the streets. We never want to see our puppies end up in a situation they do not need to be in. Our puppies always have a place right here with us!!!!! All of our puppies will come back to us if their new owners cannot keep them and would rather put them into a shelter, rescue group, or just open the front door and let them go. Our microchip is a sure bet our puppies will be returned to us and neglectful owners that think our contract is not binding, will find out very quickly that it is and we mean every word of it!!!

2) Seller’s Representations: This is what the Buyer can expect from the Seller.

3) Buyer’s Representations: This is what the Seller expects from the Buyer.

Why do you request yearly updates and photos? I request the updates because, This is my breeding line and I want to make sure I am producing the best possible Danes I can! I stand by my reputation and the puppies I sell! Even though both parents are tested and certified, sometimes this will not pick up a “carrier” of a genetic fault. If one puppy is having a problem, some times the environment they live in can have an effect on the puppy, however, if several puppies from the same litter have the same problem, I know there may be a problem with one of the parents being a “carrier”, and remove them from my breeding program. I can also inform other puppy parents of the potential problem, and what to look out for and to inform their vet. This is my way to make sure I am proving the best puppies possible, and I can not do it without your help! This is the reason I asked for change of address in the beginning of the contract and requested change of addresses. And of course, the photos, are to watch my babies grow up! Actually the photos help me determine the size and proportion of the dogs. This helps me figure out what I can change in future breeding. (EX: Neck to short, Chest not big enough, Ears too small, Top line not flat, or too “roachy” , etc.)

4) Consideration: This is the fee for the puppy. Any deposit monies due, and what happens if you do not pick up the puppy. And most of all when you can take home your New Kelso’s GR8 Dane Puppy! Puppies should NEVER leave their mother before the age of 8 weeks, So DON’T ASK!!!! I prefer between the age of 10-12 weeks. This is the age a puppy starts to rely more on humans then their mother. Just ask me, I would be glad to discuss the pros and cons with you about waiting, and you can decide what’s best for you and your new puppy. But, it will never be before 8 weeks! ***Please Note: Due to past problems with checks I can not accept a check for payment 14 business days before your puppy is picked up from my home. Otherwise, all finial balances must be paid in cash. I am sorry for any in convinces this may cause.***

5) Stipulation- Pet Purchase: If you purchased a pet quality puppy, this section explains what is expected from the Buyer to insure the puppy is not bred. This means your puppy has a Limited AKC Registration. Your puppy can not compete in AKC Confirmation Events or can not register puppies with the AKC. However, you are entitled to compete in Obedience, Agility, Flyball, etc. Of course the AKC’s Canine Good Citizens test is open to all dogs!

6) Stipulation- Show/Breeding: If you purchased a show potential puppy, you will have FULL AKC Registration. However, it will be on a co-ownership until I am provided with the proper testing certifications. This is to ensure the true intentions when the puppy was purchased, so it doesn’t fall into the hands of a puppy mill or unscrupulous breeder. You should only breed to better the breed. If you show a dog it has merit, when you do the proper testing you know what the dog will contribute to the breed.

7) Health: This section covers what to expect in the event your puppy gets sick. It tells you what’s covered under the guarantee and what is not. All genetic defects are covered for 2 yrs, Hips & elbows are covered for 3 yrs. I do not request the return of the puppy in order to make good on my guarantee (other breeder’s want the puppy back!). I will pay Veterinary fees up to the purchase price of the puppy or replace the puppy with another if the pup has to be euthanized or dies due to genetic related issues.

8) Temperament: This is what to expect as far as disposition and temperament go.

Why do you strongly recommend I put my puppy through an obedience class? Why, Very simple, I want to make sure when your puppy is 6 months of age and weighs approximately 100 plus pounds, he/she is under your voice control and is behaving for you. Last thing I want to see is, you call me crying, when your puppy weighs 100 plus pounds (trust me in six months your puppy will be close to this weight!), and is out of control messing up your house, eating your furniture and you can’t stop him/her! You can start a puppy as early as 10 weeks of age in obedience (private training you can start as soon as you bring home your puppy!). If you start your puppy off right, you both will be much happier in the end! Please remember I am also a dog trainer and often give my puppies a discount when they take my courses! Way too many dogs loose their home because of training issues. A trained dog is less likely to loose their home then an untrained, unruly dog!

9) Maintenance: Hopefully most people will take care of their puppy and treat them as a family member. But unfortunately not every one does. This just ensures that you will take the proper care when it comes to your puppy and get them the proper medical care when they need it.

10) Miscellaneous: This is what the Buyer can expect if your puppy is reported and found neglected or abused. I will repossess any one of my puppies should I find out they are being neglected, abused, or in breach of contract!!!!!!!!!!

11) Liquidated Damages: The sad truth of the matter, it is very difficult to enforce a contract after a dog has been sold. Legally, dogs are property, and it can be very hard for a breeder to prove they have the right to force the owner of “property” to perform certain tasks (like feed a certain way, exercise, protect, take care of a dog, etc.) Even a co-ownership provides very little protection, since the AKC typically refuses to become involved in any legal disputes. One of the only recourses a breeder has in the case of a bad owner is to sue for breach of contract. A liquidated damages clause gives the breeder some ammunition in a lawsuit. I don’t care about the money involved- the clause is there to emphasize how serious I am about the care I expect my puppy parents to provide. One of the most important meetings we will have, is the one in which we will go over and discus the contract. If the Buyer feels reluctant to tie themselves quite so firmly to a code of behavior or I feel that there is reason to believe that a potential owner might end up being less then ideal, either one of us can back out, with our emotions intact.

As always, if you have any questions or concerns please call or email me.

Thanks for inquiring about Kelso’s Gr8 Danes! Have a Gr8 Dane day!

Irena J Kelso

Please remember: Purchasing a puppy should be a life long commitment to the dog. If you are not prepared to take on this commitment then please do not purchase a puppy!!!! Because it will be the puppy that gets hurt and loose his/her home because you were not as committed as he/she is at pleasing you for the rest of it’s life! Please think long and hard about the commitment of owning a dog, this is not like buying a new pair of shoes that when they don’t “fit” anymore, you just toss them aside.

If you are ready for the commitment of owning a Kelso’s GR8 Dane then please sign and return the contract and I can only say:

Welcome to our family!!!!

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HAVE QUESTIONS

Our Puppy Purchase Agreement (Contract)

*** Please Note- This is a sample of our contract, this is NOT a true copy! We have had several other people STEAL OUR CONTRACT, and they DO NOT know how to enforce it! Therefore we will NOT post our true copy of our contract! PLEASE, if you have seen our contract used by other breeders PLEASE inform me of them so I may ENFORCE my RIGHTS under the copyrights laws, for our copyrighted material!!!!***

Kelso’s Gr8 Danes

Visit us on the web at: www.kelsosgr8danes.com

Puppy Purchase Agreement

 

This agreement is between:

Irena J. Kelso

501 Blue Rock Rd

Wilmington, Delaware 19809

(302) 764-2304

Email: DanesRMe2@aol.com or KelsosGR8Danes@aol.com

(Hereinafter referred to as “Seller” or “Breeder”)

And

(Please print clearly the way your Name(s) and Address will appear on your AKC Registration papers)

Name(s): _________________________________________________

Address: _________________________________________________

_________________________________________________

Phone Number: _________________________________________________

Email: _________________________________________________

(Hereinafter referred to as “Buyer” or “Purchaser”)

During the life of the Puppy, Buyer and Seller agree to notify each other within 30 days, of any changes in address or phone number.

Additional contact names in the event that contact cannot be made at primary address:

Name: :__________________________________ Phone Number: ______________________

Name: :__________________________________ Phone Number: ______________________

Name: :__________________________________ Phone Number: ______________________

It is agreed between Seller and Buyer as follows:

1. DESCRIPTION OF PUPPY

The puppy sold pursuant to the terms of this agreement is as follows:

Breed: Great Dane Color: _____________ Sex: ___________ Whelp Date:______________________

Micro Chip #:___________________________ AKC Registration #: __________________________

Registered Name Of Puppy: ______________________________________________________________

(Hereinafter referred to as “Puppy”)

The breeder holds the right to give each puppy it’s full registered name. The Buyer has the right to call the puppy whatever “call name” they choose and will inform Breeder of Puppy‘s call name.

Dam: ________________________________________________________________________

AKC Registration #: ________________________ DNA Profile #: _____________________

Sire: _________________________________________________________________________ AKC Registration #: ________________________ DNA Profile #: _____________________

2. Seller’s Representations

_______ (a) As of this agreement, Puppy is in good health and free of communicable diseases, with any exceptions noted here:__________________________________________________

_______(b) The Buyer has 72 hours in which to have puppy examined by a veterinarian and/or to personally inspect the Puppy. Buyer may return the puppy (and all paperwork) to Seller for a full refund for any reason within this period, providing the Buyer agrees to pay all return transportation costs to Seller. Breeder is at no point responsible for veterinary fees, costs, or diagnoses after Buyer has taken possession of Puppy.

3. Buyer’s Representations

______(a) Buyer is completely satisfied with and waives any and all claims regarding the Puppy’s conformation and outward appearance, and agrees that Puppy meets the breed standards at this age.

______(b) Buyer agrees upon purchase that Puppy will not be registered with any other registries besides the American Kennel Club. I will not provide brood bitches. If a Kelso’s Gr8 Dane is found registered to a different registry (UKC, CKC, etc.), the Buyer will immediately return the said Puppy to the Breeder and pay fines as listed in Section 11 of this contract. (This is to protect our puppies so they do not end up in Puppy Mills of any kind.)

______(c ) Buyer agrees to update Seller at least once a year on condition of Puppy and is to include a currant, clear picture of Puppy. Updates are due two (2) months prior to Puppy’s whelp date. No later then Whelp date. Updates may be sent via email or US Postal Service, to the above listed email address or postal address unless Breeder gives Buyer change of addresses, in which case will be sent to the new addresses. All pictures will become the property of Kelso’s GR8 Danes and they may post these pictures on their web site or use in advertisements, without monetary reimbursements to Buyer.

4. Consideration

______(a) Puppy identified in Section 1 , is being sold for the sum of $_______________ under Section ____ - ________________________, and will be paid in full before the puppy is removed from the litter.

______(b) Non-Refundable Deposit of $___________ will hold the puppy from being sold to another potential buyer, until balance is paid in full. Puppy can go home with Buyer on or after: ______________. ***IF paying by check or Money Order, CHECK/MONEY ORDER MUST BE RECEIVED 14 BUSINESS DAYS BEFORE THE PUPPY IS PICKED UP, otherwise all finial balances must be paid in cash*** If puppy is not picked up or paid in full before _____________________________, Puppy shall be placed back up for sale and Buyer forfeits ALL deposit monies.

______(c ) All deposit and purchase monies shall be refunded if Seller fails to complete transaction and deliver puppy to Buyer.

5. Stipulation - Pet Purchase

______(a) Buyer understands that puppy has been sold with limited American Kennel Club (AKC) registration. Limited registration precludes Buyer from showing Puppy in confirmation shows and from registering any litters produced or sired by Puppy. Said limited registration entitles Buyer to register Puppy with AKC and compete in all sanctioned events (Obedience, Agility, Fly Ball, etc.) other then confirmation shows.

______(b) Buyer agrees to take all measures necessary to insure that Puppy is not bred and does not have the opportunity to sire or deliver any litters.

______(c ) Buyer agrees that Puppy will be spayed or neutered and proof of same will be provided to Seller by the age of 18 months unless faults originally assumed to be irreversible have self-corrected, and proof of correction agreeable to Seller (including but not limited to pictures, videos, and personal inspection of Puppy by Seller and/or Seller’s representative) has been provided to Seller. I encourage any pet puppy buyers who would like me to take a second look at the puppy, to bring him/her to me (at Buyer’s expense) at 6-12 months for a re-evaluation. At that point if the dog is determined to be show potential and the buyer agrees to abide by the Show/Breeding Purchase Agreement below, pay the difference between show and pet price, the registration will be changed to “full” registration with the puppy being placed on a co-ownership agreement with the breeder.

6. Stipulation - Show/Breeding Purchase

Puppy has been graded by Breeder to be show/breeding potential. Show/Breed prospect shall be understood to mean that no major cosmetic faults as defined in the AKC Great Dane Standards are evident at time of sale and further that no faults of genetic origin are apparent at time of sale.

______(a) Buyer understands that Puppy has been sold with a full AKC registration and with co-ownership (Until Puppy has attained championship and has furnished Breeder with certificate from the AKC and/or Puppy has passed all requirements in paragraph (d) of Section 6. At which time Breeder will sign over full ownership to Buyer. [See Co-Ownership Contract]).

______(b) Buyer understands that show/breeding potential is as evaluated at the time of sale and is not guaranteed that the puppy will mature to be a successful show dog.

______(c ) Buyer agrees to show puppy no fewer then ten (10) times per year after the age of six months until championship is attained, the puppy is retired with the agreement of the Seller, or the Buyer and Seller together determine that it is not in the best interests of the dog to show that year (adolescent stages, bitch in whelp/nursing puppies, etc.).If Buyer fails to show puppy less then ten times a year without written  permission from breeder, then contract will revert to the "pet" contract requiring the puppy to be spayed/neutered.

______(d) Breeding Prerequisites: Puppy shall NOT be bred until after the age of two (2) years and shall only be bred after receiving Orthopedic Foundation for Animals (OFA), Penn Hip, CHIC, or other mutually agreed- upon certification of Hips, Heart, and Thyroid. Eyes will also be examined and pass CERF evaluation. Puppy shall only be bred to similarly health certified mates who are in good representation of the breed. Buyer will forward a copy of OFA, CHIC and CERF certifications to Seller upon receipt. [See Co-Ownership Contract]

7. Health

______(a) Seller agrees that Puppy is in good health and has received appropriate medical care. Seller will provide Buyer with information detailing treatment the puppy has received under Seller’s care, and future care Seller feels essential to Puppy’s well-being.

______(b) Seller guarantees that Puppy is free of life-threatening diseases or disabilities for 72 hours after delivery to Buyer. Buyer may return the puppy to Seller for a full refund for any reason within this period, providing Buyer pays all return transportation costs. Seller strongly recommends that Buyer have Puppy examined by a licensed veterinarian of Buyer’s choice within 72 hours of receipt of Puppy. Breeder shall at no point be responsible for veterinary fees, costs, or diagnoses, including those related to genetic faults, at any point after Buyer takes possession of Puppy.

______(c ) Buyer agrees that Seller shall not be held responsible for the development of any non-genetically derived disqualifying faults, diseases, or disorders.

______(d) Seller guarantees that Puppy will obtain a passing OFA Hip/Elbow rating (Fair, Good, or Excellent) at the age of 2-3 years. Examination MUST be done by the age of 36 months and ALL x-rays MUST be submitted to OFA for evaluation. Failure to do so voids any hip/elbow guarantees. A copy of OFA hip certification must be forwarded to the Seller. If Puppy is diagnosed with bilateral hip dysplasia, a second set of x-rays (may be sent to OFA or to Seller, at Seller‘s discretion) must confirm the condition. If confirmed, a replacement puppy of equivalent value will be provided when available.

*Note on Unilateral hip dysplasia: Most veterinarians agree that unilateral mild dysplasia (when one hip is normal and the other hip is malformed, a rare disorder when compared to bilateral dysplasia) is not genetically derived but is more likely the result of injury or environment. A replacement puppy will not be provided when the hip dysplasia is unilateral and one hip is normal.*

______(e) Should Puppy be diagnosed with a genetically derived medical disorder that is crippling or fatal in nature and which is attested to by two unassociated veterinarians, Seller will, upon provision of veterinary reports and, where applicable, OFA reports, provide Buyer with a replacement puppy of equal quality as soon as one becomes available, or pay Veterinarian fees, up to the purchase price of Puppy. Seller will ONLY be responsible for fees up to the purchase price of puppy listed on this contract. Buyer will choose which option they would like Seller to make. No refunds of money will be made beyond the purchase price of Puppy. Buyer is responsible for all shipping costs. This guarantee is extended only to the original Buyer(s) listed on this contract.

Specifically covered disorders: Juvenile Cataracts, Renal Dysplasia, Microopthalmia, Retinal Dysplasia or other congenital blindness, Megaesophagus, Hip Dysplasia, Dilated Cardiomyopathy (if diagnosed prior to 24 months of age), Mitral Valve Defect (same), Epilepsy (same), Autoimmune Hypothyroidism (same).

8. Temperament

Breeder has made every effort to produce a litter that will excel in temperament. However, once the puppy leaves Breeder’s possession, its temperament and behavior are determined by the care and training given by the Buyer.

______(a) Buyer understands that Breeder strongly urges Buyer to put Puppy through a puppy/basic obedience course. This is to ensure that puppy will have proper socialization and under voice control to provide Puppy with the best opportunities in life.

______(b) Seller shall in no way be held responsible for acts of Puppy at any point after Buyer takes possession. Puppies on a AKC co-ownership shall be solely the legal and moral responsibility of the custodial owner (Buyer); Breeder co-ownership does not imply financial or ethical responsibility for any and all acts of Puppy.

______(c ) Buyer agrees that the temperament and disposition of Puppy are acceptable at the time of purchase. Buyer has been made aware that eventual behavior, acts, and temperament of the Puppy are solely the responsibility of the Buyer.

9. Maintenance

______(a) Buyer agrees to maintain Puppy in a healthy, clean and safe environment.

______(b) Buyer understands that over feeding or feeding Puppy too much protein can cause Puppy to develop HOD, Panosteitis, etc. and are not covered in any way under this contract.

______(c ) Buyer agrees to place Puppy on Heartworm preventative either Interceptor or Heartgard, for the life of the Puppy.

______(d) Buyer agrees to utilize Advantage or Frontline flea and tick prevention products as needed to keep Puppy free and clear of fleas.

______(e) Buyer agrees to NOT start Agility (jumpers), roadwork, treadmill, or other strenuous physical training of Puppy until it has reached a minimum of 18 months of age, and to maintain a light schedule until 24 months. This is to prevent this training from damaging Puppy during formative stages. Buyer acknowledges that failure to meet this requirement will invalidate Section 7 of this contract and is an invitation to related problems such as arthritis and joint problems.

______(f) Buyer agrees that Puppy is not to be left in a backyard or kennel on either a permanent or semi-permanent basis, tied/chained out, or left out into an unfenced/unsecured area at any time, and is to sleep and spend the majority of its day in the home with the family members. Puppy is to be provided with a padded bed and is not to be forced to sleep on hard surfaces (wood, concrete, tile, crate tray after potty trained, etc.). Puppy is sold with the understanding that it was to go to a carefully selected parties and the Buyer AVOWS that Puppy shall become a member of the family. (This is to assure the proper development and maintenance of the temperament for which the animal was bred.)

______(g) Buyer further acknowledges responsibility for any and all appropriate medical care that is necessary for maintaining the health and welfare of Puppy throughout the life of the dog.

10. Miscellaneous

______(a) If it is reported and confirmed that Puppy is being abused or neglected by Purchaser, rights and ownership of Puppy will automatically terminate and revert back to Seller who may immediately assume possession. Buyer agrees Seller will REPOSSESS PUPPY UPON EVIDENCE OF NEGLECT, ABUSE AND/OR BREACH OF CONTRACT and that Buyer will be responsible for Seller’s fees and costs involved in repossession. Buyer gives permission to Seller and/or Law Enforcement Officer(s) to enter property and take possession of Puppy upon evidence of neglect, abuse, or breach of contract.

Buyer agrees that in the event of any legal action to turn over Puppy to Seller until all court proceedings are finalized and a decision is made by the court.

_____(b) If at any time, circumstances are such that Buyer cannot keep Puppy after the first 72 hours, Buyer must return Puppy (and all AKC registration papers), to Seller at Buyer’s expense. No refund of monies will be made.

______(c ) Buyer will not sell, give or otherwise transfer ownership or possession of Puppy. Under NO circumstances shall Puppy be taken to an animal shelter, humane society, or released to a Rescue group.

11. Liquidated Damages

______(a) The Parties agree that it is difficult to accurately calculate actual damages for breach of this contract, Buyer shall pay Seller Three Thousand Dollars ($3000)in damages in addition to the return of Puppy plus any legal fees and costs associated in the enforcement of this agreement. If any “Get” are produced, either by stud or delivery, by Puppy, without Seller’s permission and/or knowledge, Buyer agrees to pay Seller damages in the amount of Two Thousand Dollars ($2000) per live puppy produced and further that any and all puppies from the said breeding will be released only with a spay/neuter contract with limited registration. Buyer will also supply Breeder with a list of all names, addresses, and phone numbers of purchasers of the said “Get”. The parties agree that this amount of liquidated damages is reasonable and not punitive in any respect.

Both parties recognize Wilmington in New Castle County, Delaware as the place where this agreement was entered into, and acknowledges the courts in New Castle County, Delaware as the court of jurisdiction should any disputes arise from this agreement. Furthermore, This contract is to be interpreted by the laws of the State of Delaware. If any provisions of this document is invalid or unenforceable under applicable law, this document shall be ineffective to the extent of such invalidity only, without affecting the remaining portion. (This is a legal document please make sure you review and discuss this contract with your attorney if you are unsure of any portion of this contract, BEFORE you sign! )

By signing below, Buyer(s) declare(s) that he/she has read, understands, and agrees to the above contract:

 

________________________________________ _________________

Buyer’s (1) Signature Date

_________________________________________ _________________

Buyer’s (2) Signature (If applicable) Date

_________________________________________ _________________

Irena J. Kelso (Breeder/Seller) Date

This Contract is also a receipt, Thank You!

May I use you as a reference and give your Name, Phone Number, Email address to future Buyers to contact you about your experience with the purchase of your Puppy and me? Yes No

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HAVE QUESTIONS

Our Co-Ownership (Show) Agreement

Kelso’s Gr8 Danes

Breeder/Trainer

Irena J Kelso

Wilmington, DE 19809

(302) 764-2304

DanesRMe2@aol.com

Visit Us on the web at: www.kelsosgr8danes.com

Co- Ownership Agreement

(Buyer / Seller Copy)

This agreement is between:

Irena J. Kelso

501 Blue Rock Rd

Wilmington, Delaware 19809

(Hereinafter referred to as “Seller” or “Breeder”)

And

Name(s): _________________________________________________

Address: _________________________________________________

_________________________________________________

Phone Number: _________________________________________________

Email: _________________________________________________

(Hereinafter referred to as “Buyer” or “Purchaser”)

During the life of the Puppy, Buyer and Seller agree to notify each other within 30 days, of any changes in address or phone number.

DESCRIPTION OF PUPPY

The puppy sold pursuant to the terms of this agreement is as follows:

Breed: Great Dane Color: ___________________ Sex: ___________

Whelp Date: _________________________ Microchip #:__________________________

AKC Registration #: __________________________________

Registered Name Of Puppy: _______________________________________________________

The breeder holds the right to give each puppy it’s full registered name. The Buyer has the right to call the puppy whatever “call name” they choose.

Dam: ________________________________________________________________________

AKC Registration #: ________________________ DNA Profile #: _____________________

Sire: _________________________________________________________________________ AKC Registration #: ________________________ DNA Profile #: _____________________

 

Hereinafter referred to as “Puppy”. It is understood by all parties to this agreement, that Puppy is that of Show/Breeding Potential and therefore subject to the terms and conditions of Section 6, Show/Breeding Potential of the purchase agreement/contract. The following terms and conditions apply for co-ownership:

 

1) Seller agrees to sell 50% of ownership and full physical/custodial possession rights to Buyer.

2) Buyer retains full custodial possession rights and assumes FULL responsibilities and liabilities for Puppy unless Puppy is in the SOLE possession of Seller.

3) Seller shall be given temporary possession of Puppy upon request for purpose of breeding, exhibiting, medical examinations, or other purposes as enumerated in this contract.

4) Neither party may sell or in any other way, transfer ownership or possession of Puppy without written consent of the other party. If either party becomes unable to properly care for puppy, ownership will revert to the other party. Any transfers between parties shall be accompanied with the appropriate AKC registration papers, which shall be properly endorsed.

5) Each party agrees to defend and hold harmless the other party in the event of any lawsuits brought because of the actions of Puppy while in the SOLE POSSESSION of that party.

6) All ordinary expenses for daily existence and well being of Puppy, including general care, medical expenses, general training, show conditioning, handling, show entry fees, obedience, field activities, are the responsibility of the party in possession of Puppy.

7) All advertising (print & internet) shall carry the name of Kelso’s Gr8 Danes & Dog Training, and all other owners.

8) The following expenses are sole responsibility of the Buyer (unless Puppy is to stay on co-ownership for the enter life of puppy, then the following expenses are shared 50/50):

The cost of hip/elbow x-rays and submission fees for BOTH the preliminary (1 yr.) and permanent

(2 yrs) OFA certifications, and any other OFA testing (Patellas & Shoulders are optional).

The cost of annual eye examinations and submission fees for CERF registration and certifications.

The cost of an Echocardiogram and OFA Certification fees.

The cost of examinations and certification for thyroid and VwD.

Advertising the Puppy and/or litters should it be deemed advantageous and approved by all parties in writing.

9) All parties will be in agreement when selecting a mate for puppy, unless otherwise agreed to in writing. The mate shall have ALL proper testing with appropriate results, and copies of such provided to all parties. Testing to be performed including but not limited to OFA- Hips, elbows, thyroid, heart and CERF. Even after full ownership is turned over to Buyer(s), Breeder MUST be in agreement with the selection of the mate, since Puppy carries the Kelso Kennel name. Should the dog be bred without approval or proper health testing, Puppy and ALL resulting “get” will be immediately relinquished to Kelso’s GR8 Danes and fines paid as set forth in Section 11- Liquidated Damages of the Purchase Agreement.

ADDITIONAL PROVISIONS:

This bitch may not be spayed without the expressed written consent of Irena J. Kelso. If Puppy is spayed without the written consent of Breeder, damages in the amount of $2,500.00 per year, until the Puppy’s 5th Birthday. At the time Puppy is ready to retire (determination to be made by Breeder) Puppy will be spayed and full ownership will be transferred to Buyer. Breeder will have “pick of the litter” (Breeder to choose “pick puppy“) with full AKC rights, of the Puppy’s 1st litter. Once “pick puppy” and Full AKC Registration for puppy is in the possession of Irena J. Kelso, Full ownership of the Puppy (named on this contract), will be signed over to Buyer.

 

________________________________________ _________________

Buyer’s (1) Signature Date

 

_________________________________________ _________________

Buyer’s (2) Signature (If applicable) Date

 

 

_________________________________________ _________________

Irena J. Kelso Date

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Re-Adoption Agreement (Contract)

Kelso’s Gr8 Danes

Breeder/Trainer

Irena J Kelso

Wilmington, DE 19809

(302) 764-2304

DanesRMe2@aol.com

Visit Us on the web at: www.kelsosgr8danes.com

Re-Adoption Agreement

(Buyer / Seller Copy)

This agreement is between:

Irena J. Kelso

501 Blue Rock Rd

Wilmington, Delaware 19809

(Hereinafter referred to as “Seller” or “Breeder”)

And

(Please print clearly the way your Name(s) and Address will appear on your AKC Registration papers)

Name(s): _________________________________________________

Address: _________________________________________________

_________________________________________________

Phone Number: _________________________________________________

Email: _________________________________________________

(Hereinafter referred to as “Buyer” or “Purchaser”)

During the life of the Puppy, Buyer and Seller agree to notify each other within 30 days, of any changes in address or phone number.

Additional contact names in the event that contact cannot be made at primary address:

Name: :__________________________________ Phone Number: ______________________

Name: :__________________________________ Phone Number: ______________________

Name: :__________________________________ Phone Number: ______________________

It is agreed between Seller and Buyer as follows:

1. DESCRIPTION OF PUPPY

The puppy sold pursuant to the terms of this agreement is as follows:

Breed: Great Dane Color: ___________________ Sex: ___________ Whelp Date:__________________

MicroChip # __________________________ AKC Registration #: _____________________________

Registered Name Of Puppy: ________________________________________________________________

(Hereinafter referred to as “Puppy”)

The breeder holds the right to give each puppy it’s full registered name. The Buyer has the right to call the puppy whatever “call name” they choose and will inform Breeder of Puppy‘s call name.

Dam: ________________________________________________________________________

AKC Registration #: ________________________ DNA Profile #: _____________________

Sire: _________________________________________________________________________

AKC Registration #: ________________________ DNA Profile #: _____________________

2. Seller’s Representations

_______ (a) As of this agreement, Puppy/Dog is in good health and free of communicable diseases, with any exceptions noted here:__________________________________________________

_______(b) The Buyer has 72 hours in which to have puppy examined by a veterinarian and/or to personally inspect the Puppy. Buyer may return the puppy (and all paperwork) to Seller for a full refund for any reason within this period, providing the Buyer agrees to pay all return transportation costs to Seller. Breeder is at no point responsible for veterinary fees, costs, or diagnoses after Buyer has taken possession of Puppy.

3. Buyer’s Representations

______(a) Buyer is completely satisfied with and waives any and all claims regarding the Puppy’s conformation and outward appearance, and agrees that Puppy meets the breed standards at this age.

______(b) Buyer agrees upon purchase that Puppy will not be registered with any other registries besides the American Kennel Club. I will not provide brood bitches. If a Kelso’s Gr8 Dane is found registered to a different registry (UKC, CKC, etc.), the Buyer will immediately return the said Puppy to the Breeder and pay fines as listed in Section 11 of this contract. (This is to protect our puppies so they do not end up in Puppy Mills of any kind.)

______(c ) Buyer agrees to update Seller at least once a year on condition of Puppy and is to include a currant, clear picture of Puppy. Updates are due two (2) months prior to Puppy’s whelp date. No later then Whelp date. Updates may be sent via email or US Postal Service, to the above listed email address or postal address unless Breeder gives Buyer change of addresses, in which case will be sent to the new addresses.

4. Consideration

______(a) Puppy identified in Section 1 , is being sold for the sum of $_______________ under Section 5- Pet Purchase, Buyer is aware that this is a re-adoption and Puppy/Dog has come back to Kelso’s GR8 Danes from another previous owner.

______(b) Puppy/Dog has been examined by my veterinarian (Branmar Veterinarian Hospital, Dr. Jennifer Scheiber, 2006 Marsh Rd., Wilmington, DE 19810 (302) 475-5700) on _________________________ and has been declared fit and sound for re-adoption. With any exceptions noted here: ____________________

______________________________________________________________________________________

______________________________________________________________________________________

________(c ) Puppy/Dog was spayed/neutered on _____________________________ or must be spayed/neutered by _________________________________ (cost of the spay/neuter to be paid for by the Buyer), and has had the follow inoculation on:

 

 

 

5. Stipulation - Pet Purchase

______(a) Buyer understands that puppy has been sold with limited American Kennel Club (AKC) registration. Limited registration precludes Buyer from showing Puppy in confirmation shows and from registering any litters produced or sired by Puppy. Said limited registration entitles Buyer to register Puppy with AKC and compete in all sanctioned events (Obedience, Agility, Fly Ball, etc.) other then confirmation shows.

______(b) Buyer agrees to take all measures necessary to insure that Puppy is not bred and does not have the opportunity to sire or deliver any litters.

______(c ) Buyer agrees that Puppy will be spayed or neutered and proof of same will be provided to Seller by the age of 12 months unless faults originally assumed to be irreversible have self-corrected, and proof of correction agreeable to Seller (including but not limited to pictures, videos, and personal inspection of Puppy by Seller and/or Seller’s representative) has been provided to Seller. I encourage any pet puppy buyers who would like me to take a second look at the puppy, to bring him/her to me (at Buyer’s expense) at 6-12 months for a re-evaluation. At that point if the dog is determined to be show potential and the buyer agrees to abide by the Show/Breeding Purchase Agreement below, pay the difference between show and pet price, the registration will be changed to “full” registration with the puppy being placed on a co-ownership agreement with the breeder.

 

6. Health

______(a) Seller agrees that Puppy is in good health and has received appropriate medical care. Seller will provide Buyer with information detailing treatment the puppy has received under Seller’s care, and future care Seller feels essential to Puppy’s well-being.

______(b) Seller guarantees that Puppy is free of life-threatening diseases or disabilities for 72 hours after delivery to Buyer. Buyer may return the puppy to Seller for a full refund for any reason within this period, providing Buyer pays all return transportation costs. Seller strongly recommends that Buyer have Puppy examined by a licensed veterinarian of Buyer’s choice within 72 hours of receipt of Puppy. Breeder shall at no point be responsible for veterinary fees, costs, or diagnoses, including those related to genetic faults, at any point after Buyer takes possession of Puppy.

______(c ) Buyer agrees that Seller shall not be held responsible for the development of any non-genetically derived disqualifying faults, diseases, or disorders.

______(d) Seller guarantees that Puppy will obtain a passing OFA Hip/Elbow rating (Fair, Good, or Excellent) at the age of 2-3 years. Examination MUST be done by the age of 36 months and ALL x-rays MUST be submitted to OFA for evaluation. Failure to do so voids any hip/elbow guarantees. A copy of OFA hip certification must be forwarded to the Seller. If Puppy is diagnosed with bilateral hip dysplasia, a second set of x-rays (may be sent to OFA or to Seller, at Seller‘s discretion) must confirm the condition. If confirmed, a refund of the purchase price of puppy will be made, only if Buyer intends to keep puppy.

*Note on Unilateral hip dysplasia: Most veterinarians agree that unilateral mild dysplasia (when one hip is normal and the other hip is malformed, a rare disorder when compared to bilateral dysplasia) is not genetically derived but is more likely the result of injury or environment. A refund will not be provided when the hip dysplasia is unilateral and one hip is normal.*

______(e) Should Puppy be diagnosed with a genetically derived medical disorder that is crippling or fatal in nature and which is attested to by two unassociated veterinarians, Seller will, upon provision of veterinary reports and, where applicable, OFA report, will pay Buyer’s Veterinary fees directly to their Veterinarian, up to the amount paid for the purchase of Puppy/dog listed in Section 4-Consideration, paragraph (a). No refunds of money will be made in excess of purchase price. This guarantee is extended only to the original Buyer(s) listed on this contract. This guarantee is only valid until the Puppy/Dog reaches the age of 24 months (which is ________________________________).

Specifically covered disorders: Juvenile Cataracts, Renal Dysplasia, Microopthalmia, Retinal Dysplasia or other congenital blindness, Megaesophagus, Hip Dysplasia, Dilated Cardiomyopathy (if diagnosed prior to 24 months of age), Mitral Valve Defect (same), Epilepsy (same), Autoimmune Hypothyroidism (same).

7. Temperament

Breeder has made every effort to produce a litter that will excel in temperament. However, once the puppy leaves Breeder’s possession, its temperament and behavior are determined by the care and training given by the Buyer.

______(a) Buyer understands that Breeder strongly urges Buyer to put Puppy through a puppy/basic obedience course. This is to ensure that puppy will have proper socialization and under voice control to provide Puppy with the best opportunities.

______(b) Seller shall in no way be held responsible for acts of Puppy at any point after Buyer takes possession. Puppies on a AKC co-ownership shall be solely the legal and moral responsibility of the custodial owner (Buyer); Breeder co-ownership does not imply financial or ethical responsibility for any and all acts of Puppy.

______(c ) Buyer agrees that the temperament and disposition of Puppy are acceptable at the time of purchase. Buyer has been made aware that eventual behavior, acts, and temperament of the Puppy are solely the responsibility of the Buyer.

8. Maintenance

______(a) Buyer agrees to maintain Puppy in a healthy, clean and safe environment.

______(b) Buyer understands that over feeding or feeding Puppy too much protein can cause Puppy to develop HOD, Panosteitis, etc. and are not covered in any way under this contract.

______(c ) Buyer agrees to place Puppy on Heartworm preventative either Interceptor or Heartgard, for the life of the Puppy.

______(d) Buyer agrees to utilize Advantage or Frontline flea and tick prevention products as needed to keep Puppy free and clear of fleas.

______(e) Buyer agrees to NOT start Agility (jumpers), roadwork, treadmill, or other strenuous physical training of Puppy until it has reached a minimum of 18 months of age, and to maintain a light schedule until 24 months. This is to prevent this training from damaging Puppy during formative stages. Buyer acknowledges that failure to meet this requirement will invalidate Section 7 of this contract and is an invitation to related problems such as arthritis and joint problems.

______(f) Buyer agrees that Puppy is not to be left in a backyard or kennel on either a permanent or semi-permanent basis, or tied/chained out at any time, and is to sleep and spend the majority of its day in the home with the family members. Puppy is to be provided with a padded bed and is not to be forced to sleep on hard surfaces (wood, concrete, tile, crate tray after potty trained, etc.). Puppy is sold with the understanding that it was to go to a carefully selected parties and the Buyer AVOWS that Puppy shall become a member of the family. (This is to assure the proper development and maintenance of the temperament for which the animal was bred.)

______(g) Buyer further acknowledges responsibility for any and all appropriate medical care that is necessary for maintaining the health and welfare of Puppy throughout the life of the dog.

9. Miscellaneous

______(a) If it is reported and confirmed that Puppy is being abused or neglected by Purchaser, rights and ownership of Puppy will automatically terminate and revert back to Seller who may immediately assume possession. Buyer agrees Seller will REPOSSESS PUPPY UPON EVIDENCE OF NEGLECT AND/OR ABUSE and that Buyer will be responsible for Seller’s fees and costs involved in repossession. Buyer gives permission to Seller and/or Law Enforcement Officer(s) to enter property and take possession of Puppy upon evidence of neglect, abuse, or breach of contract.

_____(b) If at any time, circumstances are such that Buyer cannot keep Puppy after the first 72 hours, Buyer must return Puppy (and all AKC registration papers), to Seller at Buyer’s expense. No refund of monies will be made.

______(c ) Buyer will not sell, give or otherwise transfer Puppy. Under NO circumstances shall Puppy be taken to an animal shelter, humane society, or released to a Rescue group.

10. Liquidated Damages

______(a) The Parties agree that it is difficult to accurately calculate actual damages for breach of this contract, Buyer shall pay Seller Three Thousand Dollars ($3000)in damages in addition to the return of Puppy plus any legal fees and costs associated in the enforcement of this agreement. If any “Get” are produced, either by stud or delivery, by Puppy, without Seller’s permission and/or knowledge, Buyer agrees to pay Seller damages in the amount of Two Thousand Dollars ($2000) per live puppy produced and further that any and all puppies from the said breeding will be released only with a spay/neuter contract with limited registration. Buyer will also supply Breeder with a list of all names, addresses, and phone numbers of purchasers of the said “Get”. The parties agree that this amount of liquidated damages is reasonable and not punitive in any respect.

Both parties recognize Wilmington in New Castle County, Delaware as the place where this agreement was entered into, and acknowledges the courts in New Castle County, Delaware as the court of jurisdiction should any disputes arise from this agreement. Furthermore, This contract is to be interpreted by the laws of the State of Delaware. If any provisions of this document is invalid or unenforceable under applicable law, this document shall be ineffective to the extent of such invalidity only, without affecting the remaining portion.

By signing below, Buyer(s) declare(s) that he/she has read, understands, and agrees to the above contract:

 

 

________________________________________ _________________

Buyer’s (1) Signature Date

 

_________________________________________ _________________

Buyer’s (2) Signature (If applicable) Date

 

_________________________________________ _________________

Irena J. Kelso (Breeder/Seller) Date

This contract is also a receipt, Thank You!

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Irena's Philosophy:

Handle every situation like a dog,

If you can't eat it or hump it,

Piss on it and walk away!!!