Koopcontract English
|
Contract of sale and/ purchase-agreement With this contract of sale and purchase, hereinafter referred to as "Contract" or "Agreement
the parties concerned aim to state clearly in writing the terms to wich they have agreed concerning the purchase of the dog. Parties . |
Purpose of the contract
With this contract of sale and purchase, hereinafter referred to as "Contract" or "Agreement
the parties concerned aim to state clearly in writing the terms to wich they have agreed concerning the purchase of the dog.
With this contract of sale and purchase, hereinafter referred to as "Contract" or "Agreement
the parties concerned aim to state clearly in writing the terms to wich they have agreed concerning the purchase of the dog.
Parties
The parties involved in this contract are:
Name,
Name,
Address,
City:
Tel.nr. Email:
……………………, hereinafter referred to as “ the seller”
and
Name,
Address,
City:
Tel.nr. Email:
……………………., hereinafter referred to as “ the buyer”
……………………., hereinafter referred to as “ the buyer”
Taken In consideration that:
the seller is the owner of the defined below Belgian Shepherd:
variety ........................ ..and has the intention to sell this dog.
that the buyer has the intention to buy the Belgian Shepherd from the seller for the hereafter quoted purchase price.
That with respect to the health issues of the Belgian Shepherd, certain diseases and disorders (studies have shown that amongst others hip dysplasia, gastric cancer and epilepsy) can occur in the Belgian Sheepdog population).
the seller has taken every care in the creating of his / her breeding program and the health of the dogs.
the seller supplied a folder or folders containing data about the parents and other information concernring care and upbringing, education health and feeding instructions, the information supplied in these folders are an integral part of this contract.
that the buyer and seller wish to regulate the content and consequences of their agreement .
Declare to have agreed as follows:
Artikel 1: Terms and defenitions
the in this Agreement used terms (health issues):
a) hip dysplasia, this may be caused by hereditary factors and / or external influences.
b) gastric cancer = a malignancy of the mucous membrane of the stomach.
c) epilepsy Epilepsy is the repeated occurrence of seizures.
d) other.....
the seller is the owner of the defined below Belgian Shepherd:
variety ........................ ..and has the intention to sell this dog.
that the buyer has the intention to buy the Belgian Shepherd from the seller for the hereafter quoted purchase price.
That with respect to the health issues of the Belgian Shepherd, certain diseases and disorders (studies have shown that amongst others hip dysplasia, gastric cancer and epilepsy) can occur in the Belgian Sheepdog population).
the seller has taken every care in the creating of his / her breeding program and the health of the dogs.
the seller supplied a folder or folders containing data about the parents and other information concernring care and upbringing, education health and feeding instructions, the information supplied in these folders are an integral part of this contract.
that the buyer and seller wish to regulate the content and consequences of their agreement .
Declare to have agreed as follows:
Artikel 1: Terms and defenitions
the in this Agreement used terms (health issues):
a) hip dysplasia, this may be caused by hereditary factors and / or external influences.
b) gastric cancer = a malignancy of the mucous membrane of the stomach.
c) epilepsy Epilepsy is the repeated occurrence of seizures.
d) other.....
Article 1. The dog subject of sale and purchase
1.1 this contract concernes the sale and purchase of a Belgian Shepherd variety………..;
born from:
Name father:
Date of birth:
Registrationnumber:
Results of official health certificates:
born from:
Name father:
Date of birth:
Registrationnumber:
Results of official health certificates:
Name mother:
Date of birth:
Registrationnumber: NHSB
Results of official health certificates:
Date of birth:
Registrationnumber: NHSB
Results of official health certificates:
1.2 Description of the Belgian shepherd subject of the transaction hereinafter referred to as “ the dog”
Date of birth:
Sex: male/female*
chipnumber:
color: , lenght of hair:
Special marks:
The litter from wich this dog is born has been bred, in accordance with the rules of the breedingreulations the kynologisch reglement of the Raad van Beheer in Nederland.
Date of birth:
Sex: male/female*
chipnumber:
color: , lenght of hair:
Special marks:
The litter from wich this dog is born has been bred, in accordance with the rules of the breedingreulations the kynologisch reglement of the Raad van Beheer in Nederland.
Article 2. The purchase
2.1 the purchase price for the dog is.............. euro. and .............. euro for other costs.
Optional: The buyer makes a downpayment of .............. euro. The remaining sum will be payed with when the puppy will be picked up.
2.2 The dog is at least 7.5 weeks old before it is transferred into the buyers ownership.
The day and time on wich buyer has agreed to pick up the puppy is.
the agreed transfer/pickup time is: date ........... time........
If the parties have agreed on another date to pick up of the dog this date is date:..........
Optional: The buyer makes a downpayment of .............. euro. The remaining sum will be payed with when the puppy will be picked up.
2.2 The dog is at least 7.5 weeks old before it is transferred into the buyers ownership.
The day and time on wich buyer has agreed to pick up the puppy is.
the agreed transfer/pickup time is: date ........... time........
If the parties have agreed on another date to pick up of the dog this date is date:..........
The buyer is obliged to collect the puppy on the here above date, unless an other agreement has been made about the date and time to collect the puppy from the seller. Non complience of the buyer without a justible cause will lead to an anulment of this contract for sale and purchase. The seller has the right to charge all costs that have been made because of the anulment. The seller can deduct the costs from the downpayment that has been made by the buyer.
2.3 Until the above sub 2.2.stated date of pick up the dog remains with the seller for his account and risk. If the dog dies during that period, the sale is legally dissolved.
2.4 Buyer and seller conclude that the dog yes / no *) visible or other known defects at this time or If so, the following observable defects are:................................................................
The dog will be transferred on the agreed delivery date to the buyer with the same visable health condition as it presented when signing this agreement.
2.5 The Seller shall provide upon delivery of the dog all the accompanying documents (such as vaccination certificate and health certificate and copies of the health examinations and pedigree certificates carried by the parents) or, if they are not already in the possession of the seller (as with the pedigree), after receipt he will as soon as possible transfer them in person or by registered mail.
2.3 Until the above sub 2.2.stated date of pick up the dog remains with the seller for his account and risk. If the dog dies during that period, the sale is legally dissolved.
2.4 Buyer and seller conclude that the dog yes / no *) visible or other known defects at this time or If so, the following observable defects are:................................................................
The dog will be transferred on the agreed delivery date to the buyer with the same visable health condition as it presented when signing this agreement.
2.5 The Seller shall provide upon delivery of the dog all the accompanying documents (such as vaccination certificate and health certificate and copies of the health examinations and pedigree certificates carried by the parents) or, if they are not already in the possession of the seller (as with the pedigree), after receipt he will as soon as possible transfer them in person or by registered mail.
2.6 The following has been agreed upon between buyer and seller:
……………………………………………………………………………………................
……………………………………………………………………………………………......
……………………………………………………………………………………................
……………………………………………………………………………………………......
Article 3. Purpose / Health / Guarantees
3.1 Buyer agrees to buy the dog for use as a pet
3.2 Seller declares that the information specified in Article 1 and 2 concerning the dog and the parents are correct and not to have left unmentioned data that may be of concern of the buyer.
3.3 The copies of the documents that show the two parents of the dog meet all requirements set by the Raad van beheer for the breed as mentioned in article 2.5., will be handed over to the buyer upon delivery of the dog.
Article 4. Defects / Termination / Compensation
4.1 If, within ten (optional) days after delivery of the dog it is determined that the dog is suffering from a disease, defect or abnormality, which has already existed or can be traced to a disease, defect or abnormality (other than those specified in Article 2.4.) but that was already present in the dog at the signing of the contract, so that the dog is permanently unfit for the pupose as indicated in Article 3.1, and that this is concluded by means of veterinary research, the buyer has the right to terminate the contract, provided that he informes the seller without delay, in any case within eight days after discovery, through a registered letter. This writing has to include a written and signed declaration of the veterinairy. In case of non complience of this obligation there will be no right of compensation as is agreed on with compensation. The seller has the right to have the dog examined by a veterinarian of his choice. If this confirms the earlier diagnosis, the seller is obliged to take the dog back for a full refund of the purchase price. The buyer is also entitled to keep the dog and appeal for the compensation as is stipulated in Article 4.3.
4.3 If, the dog shows a congenital or hereditary defect or a congenital or hereditary defect is detected by veterinary examination before the dog reaches the age of six months and if the defect could not be detected at the veterinary examination as explained in section 4.1, if the the dog would be unsuited for normal purpose as is indicated in Article 3.l., and the presence of this defect is confirmed by a veterinarian designated by the seller, the buyer has the choice between termination of the agreement or damages (to a maximum of the purchase price of the dog of € ......... ..) under Article 4.3. The buyer must report the defect without delay and in any event within eight days after discovery, to the seller by registered letter. If the buyer is entitled to terminate the agreement, he must express the desire to do so as soon as possible and in any case within six weeks of the notification of the defect to the seller. The seller is obliged to take the dog back and refund the purchase price, minus any costs already paid by the seller relating to veterinary examination / treatment.
4.4 If the buyer states a demand on the provisions of Article 4.1. or 4.2. claiming damages the seller to the buyer must refund all necessary costs, However, the compensation owed by the seller will never exceed the purchase price paid by the buyer to the seller of.......euro as mentioned in this contract (including euthanasia), veterinary examination and treatment associated with the defect, the buyer has to hand over suficcient evidence with official supporting documents. The buyer has to show the nature and extent of the defect, but also has to prove the necessity or desirability of veterinary intervention thru a written statement from a veterinarian who specializes in the diagnosis of such defects.
4.3 However, the compensation owed by the seller will never exceed the purchase price paid by the buyer to the seller.
Article 5. Duty of Investigation
5.1 If both parents of the dog have been checked for hyp dyspalsia and the results of the examination was “HD A ” of “HD B“ or an equivalent, and the seller has before signing this contract checked to his ability that no direct relatives of both parents have other hipscores as sited above, the seller is not hold to any compansation in case of hip dyspalsia.
5.2 optional If both parents of the dog have been checked for elbow dysplasia and the results of the examination was “ED free ” of “ED stage 1“ or an equivalent, and the seller has before signing this contract checked to his ability that no direct relatives of both parents have other elbow dysplasia as sited above, the seller is not hold to any compansation in case of elbow dysplasia.
Article 6. Resposability towards ownership
6.1 The buyer is obliged to take good care of the dog and provide the dog with a good home, with adequate attention, education, housing, food, maintenance and veterinary care.
6.2 If the buyer grossly fails in his/ her previously to under 6.1 and the above requirements of providing good care etc., it can be ground for seller to demand the dissolution of the contract or be reason for a reduce of the compensation under Article 4 if the defect may have been partly due or caused or worsend by improper treatement or by withholding adequate care.
6.3 The seller agrees to take back the dog if the buyer is no longer able to provide appropriate care for the dog. If the buyer, for whatever reason, no longer can take of the dog, he will inform the buyer with no delay. Buyer and Seller will together try to find a solution in which the the best interest of the dog. One of the solutions may be that the buyer transferes the ownership back to the seller for free.
6.4 The information in the folders supplied by seller (whith data on education, care, feeding instructions and healthcare and) are followed strictly by buyer.
6.5 The dog male or female dog is not be neutered under the age of three are, except on medical advice.
Article 7. Litigation
7.1. Dutch law applies on this contract.
7.2 Different or other arrangements than agreed upon between the parties in this contract only apply only if they are agreed in writing.
7.3 If the buyer is located in Europe, any dispute concerning the creation, interpretation or execution of a contract, and or any other dispute in connection with or as result from this agreement, settled by the competent court of the district where the seller is located. With this contract The Dutch court is the ruling court
Other provisions
Done at………, date……..
Seller: Buyer: