Seller
/ Breeder: Kay Roush
775-655-2405
1.
No deposits will be taken on puppies older than 6 weeks. Full purchase price is required. Breeder ONLY accepts 4 types
of payment:
 Cash,
Credit
Cards
accepted
via
 (buyer pays
PayPal Fee), Wire Transfers
(buyer pays any fees) or
U.S.
Postal
Money Order (NO
other form of Money Order
will be accepted and we do NOT accept personal checks except on puppies less than 4 weeks old. This gives ample time for checks to clear.
After 4 weeks of age balances are to be paid according to terms above.) NO exceptions.
All payments are to be made out
to: KAY ROUSH
2.
All puppies and adults for
sale remain "available" to
the public until a deposit
has been
received.
Deposits
are non-refundable.
They
are sold on a first come
(deposit rec'd), first
to get basis.
Breeder will
only place a puppy or adult on hold when a PayPal or Wire Transfer deposit has been
received or if
deposit/full payment is being mailed, the buyer gives
Breeder a tracking # of the express
over-night package. Full
Payment / Balance must be received no later than 7 business days prior to
agreed shipping / possession date in the form of CASH, PayPal, Wire
Transfer or
U.S. Postal Money
Order
ONLY.
NO personal checks or Cashier's Checks for
final/balance payments will be accepted. NO
exceptions!
If balance is not paid as
stipulated here, your deposit
and any payments is/are forfeited and
puppy/adult will be offered up for sale/adoption again.
NO exceptions.
3.
We reserve the right to
refuse any adoption/purchase and for this reason a deposit or full payment
will be refunded.
Also, after receiving
a deposit or full
payment on a puppy/dog
should something
happen to it while in
our possession (i.e.:
puppy/dog should die)
we will offer the
option of another
puppy/dog of equal
quality and value or
give a full refund.
Submission of an order
form does NOT
guarantee Seller will
sell Buyer the puppy
selected. Seller
reserves the right to
refuse the sale of a
puppy/dog if felt it
is in the best
interest of the
animal.
4.
Buyer agrees to provide
at least a yearly update (more frequently if they'd like) on the
puppy. Buyer agrees that this is to be an indoor dog. That
he/she will spend most of their time inside with their new family.
Buyer also agrees that this puppy will
never be constantly tied or chained up and that it will at all times have
a collar on with tags for proper identification should puppy/dog ever be
lost or stolen. Buyer agrees to have puppy micro chipped within two
weeks of possession if Buyer did not request Seller to have it done for an
extra fee.
5.
Kennels/Carriers are only
provided with animals shipped via airlines. Minimum shipping fee is
$350 and may be as much as $450, depending on size/weight of puppy and
current rate of fuel.
We will do everything we can to get a puppy
shipped out to its new family but sometimes due to weather conditions
between here and its new family, shipping still may not be possible. It is
the Buyers' responsibility to make arrangements to pick up their puppy/dog
if it can not be shipped. Seller will make every effort to get the puppies
shipped if at all possible but if it can't be done the new owner will be
required to make arrangements for pick up. Deposits and payments will NOT
be refunded on any puppy due to us not being able to ship the puppy
because of Airline restrictions or scheduling.
All shipping cost must be paid prior to shipping and by
the time that the puppy is 7 weeks of age. Puppies that are purchased
after the age of 7 weeks and need to be shipped must have the shipping
paid at the time of sale.
Buyer has to provide their own kennel/carrier, leash
and collar.
6.
This warranty does not cover abuse, accidents, ingestion of foreign
objects, hypoglycemia, heatstroke, poisoning, run-a-way pet or any other
problem or sickness not caused by Breeder. All puppies/adults are
priced and sold as companion animals only.
PUPPYMILLS & BACKYARD BREEDERS BEWARE: This contract contains a damage
statement which is: A $5000 damage claim against each named
individual who buys a companion on a spay/neuter agreement and
intentionally or accidentally breeds, or resells in tact the said dog or
bitch for purpose of selling or otherwise placing puppies, and/or
registers it with any registry other than AKC (i.e. CKC, APRI, UKCI, etc)
for the purpose of obtaining full registration in order to breed and sell
fully registered puppies.
We
also conduct criminal and general background checks of individuals we get
a "bad vibe" about. If you have any type of criminal record regarding
cruelty to animals or children or dealing drugs please do not bother
wasting our time.
For safety reasons
new pets should be
kept on a leash at all times when not in a fenced yard or inside
new owner's home.
Your puppy will lose the immunity it received from it's mother's milk at
around the age of 6 weeks. It is imperative that your puppy receives
its entire series of vaccinations before leaving the safety of your yard.
You are strongly cautioned against the temptation to take your puppy to
the park, baseball field, soccer field, etc. where it could
potentially contract a deadly disease that could be very detrimental to
its health, as well as very costly to you. When you take your new
puppy to the Vet, it is very important to HOLD your puppy in your arms.
A Vet sees sick dogs all day long and sick dogs CAN make YOUR puppy sick.
7. All puppies to be shipped are to be paid for in full no later than 6
weeks of age, balance on puppies being picked up may be paid for at that
time ONLY with CASH. No Exceptions.
8.
There is no convenience
return/refund of
adoption fee/exchange of
puppy/adult for any reason.
(i.e.: marital problems,
allergies, puppy/adult barks,
puppy/dog chews, and/or house
breaking issues or Buyer
changes his/her mind.)
Since we post the puppy's weight on our web site and have the
Dane Weight Chart posted
as well so that Buyers can make an informed decision on which puppy they
want, we do not give a refund if the puppy does not mature into as large
of a Dane as wanted by Buyer. In short, we do not guarantee size.
We
will however take the puppy/adult back but, the transportation to Breeder is
Buyer's responsibility.
All registration papers have
to be signed over and returned to breeder
at time puppy/dog is for a
return to be processed and
considered complete.
In doing so, Buyer gives up
ALL current and future claim
to said puppy/dog and no
monies are ever to be
exchanged/refunded/compensated;
which means if Seller,
Kay L. Roush, re-sells
surrendered puppy/dog, she
does NOT owe and/or is not
obligated to pay any
money/compensation
from new sale/re-sale to
previous Buyer/Owner.
Should seller, Kay L. Roush,
also has the option to
decide to keep returned
puppy/dog and in doing so
she does NOT owe and/or is
not obligated to pay any
money/compensation to Buyer
that is returning said
puppy/dog.
9.Puppies/adults being sold as
PETS means they are not to be used for breeding.
Seller requires that the puppy/adult be neutered/spayed BEFORE papers are
issued and proof of such by a licensed vet is required.
Buyer has two (2) weeks
after possession to have
newly purchased PET to be
neutered/spayed.
Paperwork/certificate will
be destroyed by Seller after
one month from purchase date
if proof of
neutering/spaying is not
presented to Seller by this
time. Seller does not guarantee
size as an adult, only size
of puppy at the time of
sell, and can only guarantee
"color" at time of sale
and not later in live as some change color as they get older..
PUPPYMILLS & BACKYARD
BREEDERS BEWARE: This contract contains a damage statement which is:
A $5000 damage claim against each named individual who buys a companion on
a spay/neuter agreement and intentionally or accidentally breeds, or
resells in tact the said dog or bitch for purpose of selling or otherwise
placing puppies.
10. Puppies
to be picked up are to be
done so by 6 weeks of age,
puppies to be shipped are
shipped at 8 weeks of age,
adults must be
picked up/shipped by the
first weekend after payment
is received,
then a
Boarding Fee will apply. If weather is too hot or too cold
for shipping and possession
date is delayed,
Boarding Fees will apply
as it is not Seller's fault Buyer
lives where they do and
shipping is "iffy" during
certain times of the year.
Buyer "chose" to
adopt/purchase from Seller
with full knowledge that
Seller is located in Texas,
therefore, Seller is not
responsible for climate
conditions in either area at
time of purchase/adoption.
Puppies being picked up 6-7 wks $8/day,
puppies being shipped
8-11 wks $14/day;
puppies 12 wks and older $18/day
will be incurred of which
balance must be paid BEFORE
possession/shipment.
If balance is not paid as
stipulated here, Buyer's deposit
and any payment(s) is/are forfeited and
puppy/adult will be offered up for sale/adoption again.
NO
exceptions.
Furthermore, for puppies
that have delayed shipping
due to weather conditions,
Buyer understands that
shipping fee may increase
due to added weight gain
during time puppy is held
over for better weather
conditions as well as a
larger shipping kennel may
need to be purchased to
accommodate any weight gain. Buyer
agrees to pay extra fee via PayPal or Wire Transfer
one
week BEFORE puppy is to be
shipped. Should Buyer
refuse to pay extra fee
according to above terms,
puppy will not be shipped,
puppy will be offered up for
adoption again and any money
previously paid towards
puppy will be forfeited as
compensation to Seller for
caring for the puppy during
purchased/sold time frame. NO
exceptions.
For puppies still nursing,
balance is to be paid at
least two weeks prior
to arranged/agreed upon possession/shipping date. NO
exceptions. If balance
is not paid as stipulated here, your deposit and any payments is/are forfeited
as compensation to Seller
for caring for the puppy
during purchased/sold time
frame
and
puppy/adult will be offered up for adoption again.
NO
exceptions.
11. All our puppies/adults, to the best of
Breeder/Seller's knowledge,
are in sound health and free
of communicable diseases
when they leave Breeder's
residence and are sold with
a Health Certificate. Seller does not
guarantee against parvo, coccidiosis, distemper or corona virus after 24
hours after
leaving Breeder/Seller’s residence
because these are highly contagious diseases that can be contracted
immediately upon leaving our property including in transit..
The fact that this puppy has
been vaccinated does not guarantee immunity.
12. Every puppy/adult to be shipped is
mandatory veterinary
examined (per airlines) and an interstate
Health Certification is
issued within 10 days of
being shipped.
Risk of flying puppies is
always a concern for Seller,
so Seller wants to make
Buyer aware of some of
the risks involved. These
risks are the responsibility
of the Buyer. Buyer's puppy
can develop a running nose
or develop kennel cough
due to exposure of other
puppies in flight which is very common and can
be treated by Buyer's
veterinarian. Seller
does not guarantee against
conditions brought on by
stress or environmental
changes that Seller cannot
control once the puppy
leaves Seller's care;
therefore, Seller's guarantee does not cover
hypoglycemia, parasites, giardia,
viral or bacterial
infections after 72 hours of
purchase. Seller does not
guarantee against parvo,
coccidiosis, distemper or
corona virus after 24 hours
of giving/shipping puppy to
new owner because these are
highly contagious diseases
that can be contracted
immediately upon leaving
Seller's
property including in
transit.
13. Puppy/adult is to
be seen by Buyer's
veterinarian
within 48 hours of
possession by new owner or
new owner's representative.
If this is
not done, guarantee is null
and void and there will be
no replacement or refund for
any reason.
A fecal exam has to be performed at first
vet visit.
The puppy, if old enough
according to how we follow
the
vaccination chart, will
have had puppy/adult has had
temporary inoculations
against Distemper,
Hepatitis, Parvo Virus and
Parainfluenza. The
puppy/adult has been wormed
regularly, however,
internal parasites might be present
and it may need worming
again at the discretion of
your veterinarian
at Buyer's expense.
Findings of intestinal
and or external parasites
shall not be grounds for
declaring the puppy/adult as an
unfit pet.
14. Luxated Patella, Hernia, Kennel Cough, Coccidia and worms are not
serious health problems if treated and are not covered by this warranty.
They have
to be treated according to
Buyer's veterinarian
recommendations and Buyer's
expense.
This guarantee does not
include uneven bites, undescended testicles. A diagnosis of coccidiosis,
giarrdia or any other type of bacterial infection does not render your
puppy unhealthy. Coccidia and Kennel Cough, which is common in puppies
that are shipped and usually caused by bacteria. Kennel Cough is
self-limiting and like the common cold, it must run its course. Full
recovery is expected and Kennel Cough on its own is not life threatening.
Any physical problem that is or could be the result of injury is not
covered by this guarantee.
A diagnosis of coccidiosis, giarrdia, parasites, or any other type of
bacterial infection does not render your puppy unhealthy.
15. If within a year
Buyer's vet find that puppy produced
by Kay Roush's
breeding stock has a
life threatening disease
acquired in Breeder's care
or has a genetic defect
which makes said puppy/adult unfit
as a pet AND a second
veterinarian concurs with the diagnosis, Buyer
has to contact breeder immediately
via phone 775-655-2405.
If Breeder does not answer phone Buyer has to
leave a message and call will be returned ASAP.
Buyer
also has to
supply Breeder with the
written diagnosis from
BOTH veterinarians within 48
hours stating
that there is no doubt that
condition is Breeder's
fault
and can either send to Breeder by U.S. Mail or fax to: 775-249-3592.
If Buyer chooses not to get
a second vet opinion, you forfeit all guarantees of this contract.
16. Local puppies/adults (puppies/adults that
have not been shipped by
Breeder) have to be returned
same day of vet visit.
17.
Buyer shall return puppy to the Seller (at Buyer's expense) with all the
veterinarian documentation and registration paperwork. Seller will have
puppy quarantined, and examined (at Buyers expense) by a local licensed
veterinarian of Seller's choice. If upon examination by the local
vet he/she agrees with Buyer's Vet's finding Buyer will then
...a) Receive a replacement
puppy/adult of same gender, *color and equal value if there is a puppy
available to take home
within 4 weeks of returning
defect puppy. If there
is not a puppy of equal value Buyer will be notified when next litter
arrives and there is a replacement puppy available of equal value, gender
and
*color.
REPLACEMENT IS THE ONLY OPTION. (*For
rare colored puppies, ie:
fawnequins, brindlequins,
chocolequins, and/or
chocolates replacement of
the same color may not be
available. The Buyer
then has the option to
choose a puppy of another
color but must be the same
value and sex as the
original puppy.)
...b) Buyer has to
supply Breeder with written
statement from their vet
with a photo of the vet with
the puppy/adult and signed by the
vet as well as vet providing
a detailed description of puppy/adult clearly stated on
the report.
Breeder will then call Buyer's
vet and have diagnosis
verified by Breeder's vet.
..c)
No replacement puppy will be
given if the puppy has been bred, spayed, neutered, given, traded or sold
to someone other than original Buyer or euthanized without
Seller's permission.
18. If puppy/adult
should die within 48 hours of the time of purchase/possession,
Buyer must have an autopsy
performed at LaGrange Vet Clinic or Schulenburg Vet Clinic, at Buyer's
expense in order to determine cause of death. Puppy/adult will be replaced
only if the death was a result of an illness that was contracted prior to
the time of sale, provided that no signs of abuse or neglect are found. Breeder will
replace puppy/adult
with one of equal value if condition/cause of death is Breeder's
fault.
Cause of death has to be Breeder's fault to receive replacement.
REPLACEMENT IS THE ONLY OPTION.
This guarantee does not cover accidents, neglect or Hypoglycemia (low
blood sugar) as this is a condition not a disease. It is brought on
by not eating properly, stress, too much handling, shipping, etc. All
puppies/adults are treated with PetGold Super-Cal or Nutri-Stat prior to
going to their new home for precaution. Shipping, traveling to new
home in a vehicle and new home environment can bring on stress, therefore,
puppy might need additional treatment if signs of Coccidia are present at
Buyer's wellness vet exam.
19. While every effort is made
to ensure our dogs are bred
from proven bloodlines, breeder does not guarantee
adult
size and weight ,
breeding ability, if pups with "colored" eyes
will stay that eye color, ear
erection if cropped, patellas, cocsidia,
coats, color, show quality,
temperament, ease of
housebreaking, obedience or
anything else that does not
affect the purpose of a
family pet.
Seller does not
guarantee the puppy against
skin problems such as acne,
demodectic mange, allergies
or etc.
Hip Displasia is a disease
of the canine hip joint
occurring primarily in large
breed dogs. The
parents of your puppy have
not been x-rayed or been O.F.A. certified.
therefore, there is no hip
guarantee on your puppy.
The health warranty does not
cover HOD (Hypertrophic
Osteodystrophy), PANO (Panosteitis),
OCD (Osteochondritis
Dissecans) or growth related
problems.
Buyer guarantees they shall
maintain the puppy in good
condition, including
adherence to a regular
immunization schedue as
recommended by Breeder
and/or veterinarian,
heartworm preventative as
recommended by veterinarian,
good diet and a clean and
safe environment.
Neglect of any of these can
make the health and genetics
guarantees of this contract
null and void as many dog
foods, lack of vaccinations,
lack of exercise or improper
health care can cause
disease that looks similar
to hereditary or congenital
defect. Proof of
proper care may be required
by Breeder if a claim of
hereditary or congenital
defect is made.
Although genetics is a
factor in Hip Displasia,
nutrition is also a
contributing factor.
No warranties or guarantees
apply to health related
problems caused by nutrition
or care, nor any accident or
illness contracted after
delivery to Buyer, or their
agent, or Airport if being
shipped.
We do not feed our Great Dane puppies
a puppy or growth formula
food. These foods
typically contain too much
fat and protein for a Great
Dane Puppy.
Instead, we feed
Pedigree Adult
for Large Breed Dogs.
20.
Seller does not guarantee
your puppy in the case of
ear cropping or any other
procedure requiring
anesthesia.
Pups sold with recent ear
crop and/or still in braces
and/or dew claw removal
sell "as is" and any future
care/expense that may arise
from ear cropping/dew claw
removal, is the
responsibility of the new
owner, seller will not be
responsible for any vet
bills after date of
sale/purchase or from Ear
Cropping if Buyer chose to
have Seller arrange and
handle getting the ears
cropped.
If
Buyer chooses to have Kay
Roush arrange
ear cropping
on a puppy they are
purchasing Buyer agrees it
is to be done at eight (8)
weeks of age and by
submitting their Order Form,
Buyer agrees they have read
and
FULLY
AGREE to the
terms of
the
Surgical Release Form
and will hold Kay Roush, Ted
Roush, A Splash Of Color
Danes, ASOCD, Fayette County
Vet Clinic, Inc.,
Dr.
Lee Panko
and staff FREE of ALL
responsibility and/or
liability in the absence of
gross negligence.
Furthermore, by submitting
their puppy order Buyer
agrees to the
Quick Brace method being
used as the means of
"support."
21.
Shipping charges and any
kind of vet charges are not
responsibility of Breeder
and will not be reimbursed/refunded for any reason.
22.
This agreement is
mutually stipulated to have
been entered into at Fayette
County, Texas regardless of
where it is
signed. Buyer
and Seller/Breeder agree that the
proper venue for any legal
action taken to enforce the
terms and conditions of this
agreement shall lie in
Fayette County, Texas and
that this agreement shall be
interpreted in accordance
with the laws of the state
of Texas. The
prevailing party in any
litigation shall be entitled
to their reasonable costs
and attorney's fees.
23.
It is the Buyer's
responsibility to print this
contract,
fill in the information on
the puppy/dog they are
adopting, sign it and
send/present to Seller at
time of deposit or full
payment on puppy/adult.
Because it is
conveniently posted on our web
site to "read the Contract
before sending/making any
payments" and
contract is posted on web
site for Buyer to print out
and give a signed copy to
Seller prior to possession
if puppy/dog is being
shipped and at possession if
puppy/dog is being picked
up, if Buyer
does not give Seller a
signed printed contract, all
warranties/guaranties are
null and void and animal(s)
sell as is, as PET
quality (w/o paperwork), w/o
warranty/guarantee of any
kind, NO exceptions. Upon receiving the signed
copy, Breeder will complete
the form, sign and
return a copy to Buyer so
each party has a completed
signed copy.
for printable version.
24. Breeder neither makes or
implies any warranties or
guarantees, expressed or
implied, other than those
written in the agreement
including, without
limitation, the warranties
of merchantability and
fitness. This document
constitutes the entire
agreement between the
Breeder and Buyer with
respect to this sale.
This contract is limited
between Breeder and Buyer.
It is not transferable to a
third party. Buyer's submission of this
form indicates
that he/she has read, agrees
to
and does understands all the
conditions of the Sales
Agreement and Contract of Sale.
25.
Just like anything else,
price reflects quality.
Prices are based on size,
conformation, color and
pedigree. A puppy that
will mature smaller than
another will be priced less.
This is why I post the
puppy's weights on the web
site; so the buyer can make
an educated decision on
which puppy to adopt
according to what they are
wanting.
Prices may change
without notice but, only
if/when no deposit has been
received.
If
purchasing a puppy or dog with a
"disclosed" health condition(s)
or a bottle baby, it sells
"as is" and w/o
warranty/guarantee.
26.
I f puppy should die because
of a new owner's
neglect
(not taken to vet w/i 48 hour
period as mentioned earlier)
or lack of good judgment or care (not taken to
vet when not eating or sick
as talked about previously), please do not call me as
it would not only break my heart to
know a puppy died
for something that could
have been taken care of but
because it would also
make me very angry.
The reason I have the above
terms is to insure our
puppies are taken care of
properly by their new
parents. I can't
protect them their whole
life but, at least I can try
with their initial home
coming and first year by having these terms.
27.
There is no
guarantee or warranty that
the Buyer will be able to
show or breed the puppy
regardless of show or
breeding potentials.
28. All females
being purchased as a
breeder are NOT to be
bred more than once in a
consecutive 12 month
period and is to be put
on supplements one month
prior to breeding and
kept on them for one
month after pups are
weaned.
29. This contract
supersedes any and all
previous agreements. This
contract is null and void if
any part of the terms and conditions are
not fulfilled/breached.
| Price of Puppy/Dog:
_____________________ |
|
Puppy/Dog's Name by
Breeder: ____________________ |
| Puppy/Dog is being sold
as a: ______________ |
|
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| |
|
|
| Breeder/Seller:
Kay L. Roush |
|
________________________________________________ |
| A Splash Of Color Danes |
|
Print Buyer's Name |
| |
|
|
|
______________________________________ |
|
________________________________________________ |
| Breeder/Seller's
Signature & Date Signed |
|
Buyer's Signature & Date
Signed |
| |
|
|
|
