Anthony Konop and Jodi Vetter
PO Box 685 White, SD 57276
This agreement is made this_____day of _____________,______, and is between the breeder (seller) and the buyer as named below:
Buyer(s) valid address (street/ ave., city, state, and zip code):_________________________________________________________________________
Buyer phone number(s) and email address:___________________________________________
AKC Litter#:__________________________ Date of Birth:____________________________
Dog / bulldog name:___________________________.
AKC registration (Limited or Full)_________________.
Macnaughty Bulldogs, Anthony Konop and Jodi Vetter, hereafter referred to as the Seller(s), Breeder(s) and/ or Macnaughty Bulldogs, hereby agree to sell and transfer ownership and possession of the animal described below to,____________________________________________________________, hereafter referred to as the Buyer(s) and/or purchaser(s), for the purchase price of $____________. The previously described dog will hereafter be known as “bulldog”, “puppy”, or “dog” with the following conditions and warranties:
1. Both parties, without any emotional or mental reservations whatsoever, are freely entering into this contract.
2. Contract/agreement/warranties are only implied between the Breeder and the original Buyer, NOT a third party.
3. The Seller certifies that, upon receipt, the dog is in good health and has been immunized and wormed according to the accompanying health record of said Bulldog. This dog has the following conditions now_________________________________________________________________________________________________________________________________________________________
and those are excluded from any guarantee and is not valid to reject the puppy due to
4. The Buyer agrees to have the dog examined by a licensed veterinarian at Buyer’s expense within 3 days from date of purchase or that date the dog leaves our possession / home for the health guarantee to be valid. Buyer assumes full responsibility to make these arrangements ahead of time before taking puppy home.
Possession / Living Arrangements/ Welfare:
1. Buyer agrees that bulldog is to be kept in the Buyer’s living quarters and be treated as part of the family. Extensive time in outside areas, garage, tied up or kenneled outside is not allowed. Extensive time would be considered more than 2 hours at a time or more than 6 hours in a 24-hour period.
2. Buyer is the approved purchaser in this contract, and therefore agrees bulldog is for them and lives in Buyer’s home, nowhere else.
3. Buyer will not let bulldog run free and unattended, except in a fenced yard or enclosure. Buyer agrees to never chain, tether, or tie out dog unsupervised or for more than ½ hour at a time. Supervising party must be a responsible adult.
4. Buyer agrees to provide proper and adequate shelter and fresh clean water at all times.
5. Buyer agrees to proper daily exercise and socialization of bulldog in amounts appropriate to the age of bulldog. During young months of structural development, the dog will not be allowed to run / exercise unsupervised with larger canines, allowed to jump up or down from heights, go distance running / jogging, or be subject to go up and down flights of stairs.
6. If Buyer cannot provide proper training for bulldog, Buyer agrees to get a more qualified professional if needed.
7. Buyer agrees to feed bulldog in proper amounts, a quality, premium dog food that is either corn, wheat, and soy free or grain free. Buyers who are experienced at feeding raw diet, can do so.
8. Buyer hereby certifies that this bulldog purchase is not made by Buyer as an agent for any other person or entity and further agrees that the bulldog shall not be sold to any agent, broker, pet store, breeder, or animal research facility.
9. The death, injury or loss of bulldog due to theft, carelessness, recklessness, abuse, neglect, heat stroke or accident will not entitle the Buyer to any compensation from the Seller.
10. Any proof of abuse or neglect, the Sellers and / or state have full rights to press criminal charges on Buyer(s).
Vaccinations / Veterinary Care / Care:
1. The health of bulldog is good to best the Breeders’ knowledge and belief at the time of this contractual agreement, unless previously noted above in the general terms. Regardless, no guarantees are expressed or implied or are made by Seller that bulldog will remain free from injury, illness, or other health conditions once bulldog has left the Seller’s care or throughout bulldog’s lifetime.
2. The Buyer is responsible for seeking prompt and appropriate veterinary care in the event of injury or illness of bulldog. Buyer is responsible for all veterinary expenses incurred for bulldog while in their care.
3. Buyer is responsible to keep bulldog on a vaccination and heartworm prevention schedule. Buyer agrees to finish final set(s) of puppy vaccinations. After that, Seller does not require a set protocol as Buyer can choose to go by Buyer’s veterinarian recommendation or choose to believe in method of not over-vaccinating. Seller is not liable for negative consequences in either case.
4. Buyer understands that puppies are NOT fully vaccinated until all 3 rounds of puppy shots are complete. Buyer will therefore limit bulldog’s exposure to other pets and public places until bulldog has received all 3 rounds of vaccinations and is at least 16 weeks of age.
5. If bulldog requires vet care for any reason and vet care is not provided by Buyer(s), which most times will lead to further complications. Health guarantee in this contract is voided. However, sales agreement/contract is not and remains in full force.
1. In the event a deposit is placed to hold a male bulldog on full AKC registration, and both testicles are not dropped/descended by 9 weeks of age, Seller has full legal right to terminate sale. If sale is terminated, full deposit will be returned within 14 days. Sellers will not allow a male bulldog with undescended testicle(s) to leave their home on full AKC status. Seller can hold male bulldog in Seller’s possession to see if both testicles descend by 12 weeks of age, but is in sole discretion of the Seller.
2. Any bulldog female sold by Macnaughty Bulldogs / Sellers are required to be a minimum of 16 months of age before being bred; 18+ months is recommended by BCA. Buyer agrees not to breed any female bulldog prior to this age and acknowledges that 16 months is at time of breeding, not when female bulldog is due to deliver puppies. Buyer of Full AKC bulldog female agrees that the female bulldog will be retired by a maximum age of 5 1/2 years (5 years, 6 months of age). Buyer agrees that bulldog female sold in this contract will not have more than 4 litters in bulldog’s lifetime.
3. Fertility of any bulldog sold for breeding is not guaranteed. In addition, there is no guarantee or warranty that Buyer will be able to show the bulldog, conform to the bulldog standard, or the bulldog will mature to look a certain way the Buyer wants.
4. Seller reserves the right to one guaranteed successful stud service at no fee to any male Macnaughty Bulldogs’ sells with full AKC rights. Seller is letting Buyer acquire their production, therefore require right to use stud Seller produced one time with a repeat breed until a litter results if Seller chooses at no stud fee cost to Seller. Macnaughty Bulldogs covers expenses involved with getting the breeding done. Buyer agrees to provide timely, professional service to stud dog sold by Seller to Seller.
Health guarantees do not cover every possible thing that can happen to the bulldog. Buyer is purchasing a bulldog and are expected to realize that things happen and dogs need vet care. This is a responsibility that comes with being a dog owner. To make it simple, health guarantees cover life threatening conditions. They do not cover issues that can be treated, regardless of expense. Some issues can be very expensive, regardless of breed. We try our best to breed healthy, happy puppies, but issues can pop up regardless, there is always a risk in any dog you buy. Sellers do not give financial compensation, that is what pet health insurance is for.
1. Buyer must take bulldog to be examined by a licensed veterinarian within 3 days (72 hours) of the bulldog leaving Sellers’ home; unless an extension is agreed upon with Sellers’ before puppy leaving. Failure to do so will relieve the Seller of all liability. A paper copy must be sent by US mail. Buyer(s) must send a copy of the vet exam results. Results must include date of exam, vet’s name, address, and phone. Results must have dog’s name, physical description (color, markings), and findings. Failure to provide this information after 14 days from date of puppy leaving Sellers’ home / sale will result in the cancellation of the health guarantee section of this contract.
2. If the examination indicates that at the time of sale, bulldog was unfit for purchase due to illness, disease, or life threatening disorder, a second licensed veterinarian opinion will be required. If the veterinarians do not give the bulldog a clean bill of health, Buyer may return the bulldog to Seller for an exchange of equivalent value. If a higher priced bulldog is chosen, Buyer is required to pay the difference. If no bulldog is available at the time, Buyer does have to wait for a future litter for up to 1 year. Seller only guarantees a replacement bulldog, not a refund. Seller does have sole discretion to offer or require a refund instead of a replacement bulldog if Seller chooses. Purchaser is responsible for all transportation cost to return bulldog and transportation cost of the replacement puppy.
3. Seller reserves the right to have the dog re-examined by our veterinarian at our cost. Any condition that is minor, correctable, or a breed related minor condition is not covered and not condition which could go away, or is considered a condition which a puppy will likely grow out of is covered.
4. Seller guarantees the puppy against fatal viruses for 72 hours from the time the puppy leaves Sellers’ home. It does not include Coccidia, Kennel Cough, giardia, or worms. Seller does not accept responsibility for contagious disease diagnosed after 3 days from date of puppy leaving Sellers’ home.
5. Seller guarantees bulldog until 12 months of age against fatal and life altering congenital and genetic disease which adversely affect the health of the bulldog. Any noticed health issues must be reported immediately so Buyer and Seller can discuss what needs to be done. Bulldog will need to be returned to Seller within 72 hours of vet check at Buyer’s cost. An extension can be granted by sole discretion of Sellers’ in cases where the bulldog will need to be shipped due to driving distances of over 10 hours one way. This guarantee includes:
*SEVERE Hip and Elbow dysplasia which hampers the dog’s movement and REQUIRES surgery to correct NOT caused by injury or environmental factors.
*Severe luxating patella or ofa grade 4.
*Kidney, pancreas, heart failure, liver, or any other organ problems of severe life threatening or altering nature.
This agreement does not include:
*Entropion / ectropion, distichia
*“Loose” hips, hips determined by an ofa certified veterinarian as good, fair, borderline, mild, or moderate hip dysplasia.
*Luxating Patella ofa graded as 1-3.
*Mild Elongated Soft Palate
*Undershot / uneven bites
*Demodex or sarcoptic mites
*Amputation of tight tails
*Pyometra- this is common in bulldogs and occurs in females who are not spayed. During heat cycles, females are prone to bacteria entering the uterus, which will then fill with puss and make her very ill and cause death without immediate treatment.
*Collapsed nostrils or Stenotic nares
*Injuries requiring surgery to correct (fractures, damage to growth plates) outside of the breeder’s home.
*Pyoderma and dermatitis
*Any skin conditions caused by ticks and fleas. This also includes skin irritations from allergies to certain foods and/ or environment.
*Death resulting from parvo virus, distemper, hepatitis, Para influenza, Bordetella, and leptospirosis, after the 72-hour period has elapsed.
*Complications from spay or neuter surgery.
*Urethral Prolapse, vaginal hyperplasia/prolapse, anal prolapse
* Cryptorchidism or retained testicles is not covered on bulldogs sold as pets with limited AKC.
*All ailments that would have been avoided by proper veterinarian care.
*Any reactions or death caused by any medications, supplements, or foods given to dog by Buyer, someone buyer put their bulldog into the care of, or Buyer's veterinarian.
6. Buyers(s) are aware and understand that due to the nature of this breed, bulldogs are predisposed to certain breed specific issues including cherry eye, stenotic nares, entropion/ectropion, loose hips, skin allergies and other common bulldog breed ailments. This guarantee excludes any breed specific issues that are considered normal or common for the bulldog breed.
If the bulldog for any reason dies within one year from health problems, the Buyer must pay for an autopsy to ascertain reason of death and provide results to Sellers.
7. In cases of severe elbow, luxating patella, or hip dysplasia; the radiograph should be permanently identified in the film emulsion with: registered name and/or number of the veterinarian or hospital making the film and date radiograph taken. Furthermore, the radiograph and report must meet OFA’s standard submission requirements and include dog’s microchip number. At 12 months of age only a 50% accuracy can be determined on hip dysplasia. Seller has sole discretion to determine if a replacement is warranted based on radiographs at 12 months or prior on both dysplasia. Seller has sole discretion to have Buyer wait till bulldog is of proper age of diagnosis and extend the warranty for hips and/or patella only in the case a licensed ofa veterinarian documentation was provided by 12 months of age. Hip dysplasia and/or luxating patella is also caused by environmental factors, such as overworking your puppy (e.g. too much physical activity during growth, requiring to go up and down stairs daily, poor quality diet). Due to these considerations, ONLY SEVERE cases not caused by injury or environment are covered.
8. Macnaughty bulldogs is not responsible for temperament issues as they can be caused by lack of training, discipline, or proper socialization.
9. Reservation of Rights:
1. Seller reserves the right to enforce this contract to protect the welfare of bulldog sold by them to buyer.
2. The Buyer expressly grants permission for the Seller or their designees(s) to visit the Buyer’s home at any time to verify the welfare of bulldog.
3. The Buyer further expressly agrees that the Seller may repossess bulldog upon any evidence of neglect and/or abuse or upon any breach of this agreement, at no expense to the Seller and with no refund of any monies to the Buyer.
4. If the Seller does ask for bulldog to be returned to the Breeder, due to evident neglect, abuse, and/or breach of contract, bulldog shall be returned within 72 hours.
5. Should the Breeder need to seek legal action against the Buyer for violations of this agreement, the Buyer hereby agrees that he/she/they will assume all attorney costs, court fees, and other legal fees or additional expenses incurred in the process of enforcing this contract or of repossessing bulldog.
First Right of Refusal (Buyer Not Keeping Bulldog)
1) If at any time, for any reason, the Buyer finds that they are unable or unwilling to continue to care for bulldog, the Buyer agrees to immediately contact the Seller FIRST. The Buyer is required to inform the Seller of such an issue as soon as possible.
2) The Seller always gets first right of refusal upon decision made by Buyer to re-home Bulldog.
3) If Buyer decides to re-home bulldog, buyer agrees on the following return rates to full AKC INTACT Bulldog: Within 14 days of leaving Seller’s home, purchase price minus the $500 deposit. Within 15-30 days of leaving seller’s home, purchase price minus the $500 deposit and minus an additional $150/week. Over 30 days to less than 1 year: 60% of purchase price. Over 1 year and under 2.5 years: 50% of Purchase Price. Over 2.5 years and under 4 years: 33% of Purchase Price. No refund will be given for bulldogs who were used for breeding (produced a litter) regardless of sex, or age, are in any breach of this contact, and/or dogs age 4 years plus. Spayed or neutered dogs that have never sired or gave birth to a litter would get a return rate of $500 prior to 4 years of age.
4) If Seller is for whatever reason unable to take bulldog back, the Seller must approve in writing the new home for bulldog before being placed by Buyer. Such permission shall not be withheld unreasonably, but Seller has the exclusive right to determine the suitability of any potential subsequent owner. This includes Buyer rehoming bulldog to a partner’s and/or co-owner’s home that was not an approved home and/or location listed on this contract.
5) Buyer agrees that at the time of transfer of bulldog back to the Seller that all records will be turned over to the Seller which include, health, medical, AKC registration, and microchip registration. All necessary paperwork will be signed as needed transferring ownership back to the Seller.
6) Buyer agrees to either transport bulldog to Seller, or pay 100% of the shipping/transportation fees to Seller’s location. Seller is willing to meet up to 2.5 hours away from seller’s home.
7) Buyer agrees that at no time will they, without prior written permission from the Breeder, sell, give, trade, adopt, place, lease, foster, or re-home bulldog to any person, business, place or organization including allowing bulldog to be taken to a shelter or be sent to a rescue without the express written consent of the Seller. This provision includes Buyer trying to use the term “having someone watch” dog for an extended period of time that would include 30 days or more in a 180-day period outside of Buyer’s home listed in this contract.
8) If Bulldog is found to have been sold, placed, or given away without the Seller’s consent, the Seller can take legal action and Buyer of bulldog will be responsible for all expenses incurred including legal fees and any additional expenses.
Required Updates or Notifications:
1. Buyer is required to at least send yearly updates for first 2 years concerning bulldog. These updates should include: a) at least 2 clear photos of bulldog, one from the side to show structure and one from the front with face facing camera. (would love to see as many as you want to send!)
2. An explanation of any health or temperament issues. (This helps us with our breeding program.)
3. General update of how bulldog is doing.
4. Buyer also agrees that Seller may use any photos of bulldog sent to us on our website or social media pages to give other potential buyers an idea of what we produce here at Macnaughty Bulldogs.
5. If the Buyer moves from the address stated above and/or changes phone number, the Buyer shall, within 30 days of address and/or phone number change, provide the new address and/or telephone number to the Seller via mail, e-mail, or phone.
6. If the Breeder moves from their location or change phone number, the Breeder shall, within 30 days of address or phone number change, provide the new address and/ or phone number to the Buyer either by email, mail, phone, or updating our information on our website or social media pages that are public for all our buyers to check for updates.
Breach and Termination of Agreement:
1) This Contractual Agreement shall be binding on & inure to the benefit of the parties hereto & their respective heirs, legal or personal representatives, successors, & assigns including all provisions that logically ought to survive shall survive.
2) The gross breach by Buyer of any of the terms of this agreement shall be grounds for immediate action without refund, at the sole discretion of the Seller. Seller may in addition to the remedy of termination, sue for and recover from Buyer actual damages, including reasonable attorney’s fees and costs caused by any such breach, including, but not limited to, liquidated damages of $2,000 for each puppy produced out of any breeding of said bulldog not allowed by this agreement. In the event of any gross breach of contract, Buyer does hereby agree that the Seller may also take immediate legal possession of the dog without any monetary reimbursement to the Buyer. The failure of Seller to enforce any provision of this agreement shall not constitute a waiver of Seller’s right to enforce any other provision of this agreement or to sue for breach of that or any other provision hereof.
3) Health guarantees that are voided due to breach of contract, do not release the Buyer(s) to any of the contract agreements contained in this contract at all. All restrictions do still apply and are legally enforceable.
4) The Buyer agrees that if any provision of this contract is found to be illegal or unenforceable, then that provision shall be severed and the remaining provisions of this contract shall have full force and effect.
5) This agreement is hereby entered into and wholly executed in the state of South Dakota, Brookings County and litigation arising from any possible breach of this agreement shall be adjudicated in the state of South Dakota, Brookings County. All parties hereby submit themselves to the jurisdiction of said courts.
By signature below, the Buyer (s) and Seller (s) affirm they have read and understand this contractual agreement and will abide by the articles of this agreement. Terms Buyer, Purchaser, Seller, Breeder, and Macnaughty Bulldogs include the plural term. All Sellers and Buyers are legally bound to this contractual agreement.