and
Highbid Portuguese Water Dogs
                                                 of Flagstaff, Arizona
Sample Contract
The sections in red are not included in the actual contract, but are included
here to help you understand WHY specific clauses are in the contract.  
Last update: Nov 23, 2007
This is merely a sample.  Some clauses are negotiable depending upon the circumstances and the desired
puppy.   I have added notes to explain the reason for each clause. These are not shown in the actual
contract.

The final contract does not need to be signed until the puppies are whelped and we can fill in the
information for sire/dam/ DOB, etc.

To be placed on our waiting list, you do need to deposit $200.  This deposit is normally NOT refundable.
However, if we do not have a puppy which meets the description in your questionnaire, the deposit will be
refunded to you or, if you wish, you can be placed at the top of the waiting list for our next litter.  If you
change your mind and decide not to purchase one of your puppies, we will keep the deposit as we will have
turned people away since we are saving a pup for you!

Highbid and Sapphire Kennels use similar contracts.

SAMPLE SALES CONTRACT/AGREEMENT
Planalto Portuguese Water Dogs
Karen M Berggren, Breeder
Street Address
City, Arizona
-----------------
email address      www.pwdogs.net

The following terms and conditions constitute a SALES CONTRACT between Planalto Portuguese Water Dogs, SELLER, and:


(Name, Address, phone number, email)

hereinafter termed the BUYER. These terms and conditions are entered into and agreed upon by both BUYER and SELLER, and they
acknowledge the moral and legal worth of this document.


If a suitable puppy is available, the SELLER agrees to sell to the BUYER,
a (Sex) Portuguese Water Dog, Whelped __________
Sired by: -------------                Out of:  -----------
Physical description:
 (i.e. brown wavy Irish marked, solid black curly, etc.)

In sound body and good health and free from communicable disease as determined by a veterinarian before the time the pup is
placed with the BUYER

The CONSIDERATION for this sale is the sum of $_____, including a $200 deposit paid at the time of placement on the waiting list, the
remainder of $____ to be paid in full by week four of the puppy's life unless other arrangements have been agreed upon and
documented in writing. Failure to pay the complete amount by the deadline (unless other arrangements have been agreed upon by
both BUYER and SELLER) will result in forfeiture of the deposit and the SELLER may assign the puppy to another person.  The
purchase price includes delivery to the BUYER at the SELLER's residence in Flagstaff, Arizona.  Costs for other delivery shall be the
responsibility of the BUYER.

If a suitable puppy is not available, the deposit will be refunded in full or the BUYER may accept an alternate puppy if one is
available.  This contract is not the guarantee of a puppy, as this will be determined by the number and characteristics of the
puppies in the litter, the determination of suitability with regard to the BUYER’s requests as determined by the SELLER,  and the
BUYER's place on the waiting list.

(If you are wanting a show quality pup and one is not available, you can be placed at the top of the waiting
list for the next litter or your deposit can be refunded. Another example would be if you were heart set on a  
brown pup. Since brown is a recessive gene, it is possible for there to be no brown pup in a litter- so I might
not be able to meet your request and would return your deposit.)

Puppies will be available for delivery when they reach eight weeks of age.  If the BUYER leaves the puppy with the SELLER for an
extended period past eight weeks, there may be additional charges including, but not limited to, charges for food, veterinary care,
and inoculations.

(I have found 8 weeks to be a good age for pups to withstand the stress of travel and to adjust to a new
home. Many people place at 7 weeks and to tell the truth, I have never had a problem with that.  However,
recent studies indicate the seventh week is a "fear period" when the pup is more easily frightened by new
situations.  If some one says you can have a pup at 6 weeks, avoid them like the plague!  Such a pup may
not be mature enough to be away from mom and siblings!  There are situations when I will keep a pup
longer. One of my pups was going to Japan. By waiting until the pup was three months old, the time in
quarantine was greatly reduced.)

HEALTH REGISTRY:

Portuguese Water Dogs are a natural, healthy, sturdy breed of dogs.  However, they nearly disappeared during World War II.  The
breed has come a long way toward recovery, but there is a small gene pool.  Therefore, the PWDCA has become known for initiative
in identifying potential genetic problems.

The genetic health of the Portuguese Water Dog depends upon the participation of ALL owners of PWDs in the documentation and
reporting of health conditions to the breeder and to the PWDCA Health Registry. Many genetic problems are recessive or multiple
allele conditions and rarely express themselves.  The presence of a genetic problem in any PWD is important data for the continued
health of the breed.  It is required by the SELLER that information concerning the health of this dog and information concerning any
offspring be submitted to the Health and Litter Database of the PWDCA.   Information can be entered at www.pwdca.org.

This agreement is intended to identify the rights, responsibilities and guarantees of the SELLER and BUYER, both of whom agree to
the conditions set forth as witnessed by their signatures.

1. HEALTH:  The SELLER guarantees the health of this dog for a period of 72 hours. This agreement excludes injury or death from
accident or improper care of the dog. Further, the SELLER will have this dog examined by a Veterinarian and provide the BUYER
with a record of said visit and a record of immunizations.

BUYER agrees to take the dog to a licensed veterinarian for a check-up within 72 hours of receipt of the dog. BUYER agrees to
keep all necessary immunizations current and to maintain the dog according to acceptable health care standards.

If this animal should die from unknown causes (at any age) the BUYER is strongly encouraged to ask the veterinarian to preserve
the body in formalin if it is still a puppy or it may be frozen if it is an adult and the BUYER contact the SELLER for possible necropsy
in cooperation with the PWDCA health committee.

(I do not know of any genetic problems in this blood line, but any death from an unknown cause is a
concern.  Cardiomyopathy is found in this breed, although again, I do not have a record of it in this
bloodline. (GREAT NEWS! In November, 2007, a DNA test for Cardiomyopathy was announced!  We can
now test parents and avoid this disease!!!) Freezing damages the cell structure of the heart and makes it
impossible to detect cardiomyopathy in puppies.  

The necropsy is negotiable.  I know that some people just cannot bear the thought of a necropsy of their
beloved pet.  However, I hope you will seriously consider this clause. By having a necropsy, you are helping
to improve the health of the entire breed.)


2. REGISTERED NAME & OWNERSHIP:  SELLER shall be responsible for registration of this dog with the American Kennel Club. The
SELLER reserves the right to designate the registered name in consultation with the BUYER. For this litter, the name shall begin
"Planalto J.." (If you get a Highbid puppy, the name shall begin “Highbid F...…” and Sapphire is on their "F" litter)

( I have found that a lot of people forget to send their registration papers to AKC!  Furthermore, in my work
with pedigrees, I have found a lot of errors by AKC which could easily slip by the owner.  You get to choose
the name as long as it starts "Planalto J..."  This is so all the puppies in this litter will be grouped together
in the PWDCA Health Registry and the PWD Pedigree Study Group database. After I have checked the
registration and AKC makes any necessary corrections, , I will sign the AKC papers over to you. If you
forget to send it in, you will not be hit with the surcharge for late registration, since it is actually a transfer
rather than a registration.. If the puppy is exported, I require a copy of the registration papers for the
country in which the puppy resides.)

Most puppies are sold as "pets" on a limited registration.  Any offspring cannot be registered with the AKC.  THIS IS REVERSIBLE.  At
the age of two years, if the animal has passed all health tests recommended by the PWDCA  and the SELLER agrees that the dog is
worthy of being bred, the SELLER can modify the registration to a full registration, allowing the registration of any future offspring.

(Many people looking for a puppy are not aware of the ramifications of breeding.  I keep thinking of a lady in
my church who wanted to breed her pet shop Bichon to "get her money back".  He was a sweet dog but a
terrible physical example of the breed.  I have heard other people say they want to breed so they can have
another pup "just like Poopsie".  This is not a good reason to breed.  No pup would be a clone of Poopsie-
and if Poopsie has health or conformation problems, this could be worse in the next generation

I have also heard people say they want to breed so their children can see the “miracle of birth”.  Please
understand that you may actually let them see the “miracle of death”.  In a large litter- or even a small one-
there can be still born puppies. In one litter I had a breech birth puppy which nearly caused me to lose the
bitch. I ended up losing 10 of 13 puppies in spite of an emergency caesarian, working over the puppies with
the vet for 5 hours, and paying the bill for emergency services in the middle of the night on a holiday
weekend.

Breeding is a lifelong commitment. My pups will ALWAYS have a home with me!  Breeding is also a
commitment to the good of the breed.  Each breeding should be for a specific purpose and for the
improvement of the breed  Litter size varies greatly in this breed. Small litters are not uncommon.   Litters of
6-9 are common.

I am not saying that I am the one and only expert on this, but I feel a responsibility that only healthy sound
puppies are bred.  Many breeders do this by retaining a co-ownership, but I rarely do this.  Therefore, I have
settled on the limited registration as the best alternative. The pup can still be shown in performance events
and there will be plenty of time to reverse the restriction since NO dog should be bred prior to the age of
two.  If you wish to show in conformation, I will consider reversing the limited registration when the pup is 6
months old after a re-evaluation of the pup.

I sell all puppies as "pets" because NO ONE can guarantee that a pup will be show quality when it is only
eight weeks old!  My pups are FIRST a beloved family member. If they turn out to be show quality, that is
great, but if not, they should still be loved!!!  If you are hoping to show and possibly breed, let me know and
I will try to place a pup with you that has good potential, although this will reduce your choice of pups.  
Furthermore, it will only be my best assessment and does not guarantee that the puppy will turn out to be
show quality.  Even the best looking pup can have teeth come in wrong and be eliminated from the show
ring. A pup may not be considered "show quality" for a minor reason that does not affect the health or
temperament of the pup- perhaps a kink at the end of the tail or a muzzle a little longer than ideal. The
important thing is that all of my pups have been healthy and have had excellent temperaments.  I have to
admit- I have under rated at least one pup who I did not consider show quality.  She turned out quite nice!

I am presently in a bit of a quandry on how to handle show quality pups.  Up to now, I have placed such
pups only with people I know.  However, with the proliferation of puppy mills, I may go to co-ownerships as
additional protection for the pup

In our newer contracts we have added penalty fees if one of our pups is bred in a manner which does not
comply with this contract.  We have done this on the advice of our lawyer, since it is almost impossible to
inforce these clauses without a stated penalty.  Remember- we are doing this for the good of our breed and
to protect our puppies from being caught in a bad situation.


BUYER agrees that this dog will never be sold or given away or transferred without giving SELLER first option to reclaim it. If the
SELLER can place the dog in a new home, the BUYER will be recompensed depending upon the resale price minus costs incurred.  
The BUYER agrees never to sell or give this dog to any pet store, pet farm, specialty shop or similar institution.

(These are my babies!  I want to be sure that they never end up in an animal shelter or in a tiny cage at a
puppy mill.  If you want to place the pup in a specific home, we can discuss this, but I want to be sure each
pup has a safe, secure, and loving home for its' entire life.)

3. HIP DYSPLASIA/PRA/GM-1:  BUYER agrees to x-ray this dog's hips and submit the x-rays to the OFA when the dog is two years of
age, or sooner if symptoms appear.

( We breed for good hips and have never had a pup that was later diagnosed with hip dysplasia. HOWEVER,
hip dysplasia is a multiple allele gene and is difficult to eliminate from a blood line.  It is a lot like height in
humans. Tall parents are likely to have tall kids, but they could have a short child.  My family is tall except
for my sister, who is 5'2", and a great grandmother who was also small!  Hip dysplasia is also affected by
nutrition and physical stress.  An ethical breeder has an OFA exam done before a dog is bred and will not
breed a dog with hip dysplasia.  Passing ratings are Borderline, Fair, Good, and Excellent.  However, NO
ONE can promise that an eight week old pup will not be rated dysplastic at two years. If they say such a
thing it is either a lie or they are ignorant.

If the puppy is exported, the recognized agency in your country can perform the exam)

BUYER agrees to have this animal CERF examined upon reaching two years of age and if to be used for breeding the BUYER will
obtain DNA (OptiGen) certification to determine PRA status and will be tested for Cardiomyopathy. In accordance with PWDCA
recommendations, the BUYER agrees to have this dog tested for GM-1 if it is to be used for breeding.  Copies of these documents
will be submitted to the BREEDER.

(The CERF is an annual exam which checks for a number of eye problems, such as cataracts. Dogs who are
bred should have an annual CERF.  I recommend an annual CERF for all dogs, but for pets REQUIRE the
exam only at two years of age. Personally, I like to do a CERF by six months to get a base line for the dog.

PRA (Progressive Retinal Atrophy) is a simple recessive genetic disease which, in the PWD, causes late
onset blindness.  A DNA marker test was developed by OptiGen which can identify a carrier of this disease.  
Ratings are A= non-carrier, B= carries one set of the gene but will never express the disease, and C= genes
from both parents carry PRA. This dog will probably express the disease.

There is now a DNA test for Juvenile Dilated Cardiomyapathy, which is also a simple recessive genetic
disease.  A rating of 1-1 means that the dog is PROBABLY not a carrier of the disease.  A 1-2 means that the
dog probably IS a carrier of the gene.  Since this is a fatal disease, it is unlikely that an affected pup would
survive to reproductive age.  As long as ONE of the parents is 1-1, the puppies will NOT get the disease.



SELLER guarantees that both Sire and Dam of this dog have the following health ratings:
-The sire is OptiGen ___ and the dam is Optigen-___.
- The sire is JDCM rated ________  and the dam is JDCM rated _________
-Both have tested GM-1 Normal
-The sire is OFA “____” and the dam is OFA "_____".
-Both have current CERF certification.

4. BREEDING/SHOW DOGS:  BUYER agrees not to use this animal for breeding purposes until OFA, PRA, JDCM, CERF and GM-1
health standards have been met and certifications of same are obtained. In addition to above health certifications, BUYER agrees
to comply with future health recommendations of the PWDCA  prior to breeding. Further, BUYER agrees to show this dog at AKC
sanctioned shows and to obtain a Championship Title prior to breeding. (The dog may be bred before actually receiving a
Championship upon agreement of SELLER). If this puppy is a female, the SELLER has the option of __________ (depending upon the
situation, this may be a puppy or puppies back or the option to purchase a puppy at a reduced price.) This option may be postponed
by the SELLER to a later litter. If a male, the SELLER reserves the right to breed her personally owned or co-owned dogs to this
male at no charge other than for costs associated with the breeding, such as for food, veterinary care, transportation, and similar
costs.
(depending upon the situation, this may instead be a puppy back or the option to purchase a puppy at a reduced price.)  If
the BUYER has requested a "breeding/show dog" every effort has been made by the SELLER to provide such a dog.  However, this
does NOT guarantee that the dog will be worthy of breeding or showing, as young pups change a great deal as they mature.  It
DOES indicate that at the time of the sale of the puppy there are no known conditions that would prevent the pup from being shown
or bred and the SELLER believes that the puppy has show potential.

(The reason for the breeding rights to a male pup and the puppy back or possible purchase of  the offspring
of a female pup:  I am trying to develop a bloodline of dogs with solid structure and temperament. Breeders
use to be "rich folks" who kept huge kennels. I could not do that!  Besides, I want my best pups to be out
with families who will give them a lot of attention and love!  So- this allows me to place a promising pup in a
good home while continuing to use it in my breeding program if it turns out to be a really good example of
the breed.  Also, this allows me to place the pup at a reasonable price.  Instead of charging more for a show
quality pup- which would normally be at least twice the price of a pet quality pup- I replace that higher price
with a puppy back.

Few people are good at evaluating their own dogs. Either they do not have the knowledge and experience or
they are "kennel blind". Since most of my pups are placed in homes that are quite a distance away, the
show requirements helps to prove that the dog at least meets the conformation standards for the breed.  
Furthermore, this requirement tends to discourage "puppy millers" from trying to obtain one of my pups!  If
there is a reason why you cannot comply with this clause, I am open to discussion.  

You are NEVER required to breed just to produce a puppy for me!  Realize that if a female is spayed before
her first heat it virtually eliminates the chance of her contracting mammary cancer (cancer is a leading killer
in all breeds of dogs). A neutered male gets along better with other males, although a lot depends upon
how you socialize them.  Breeding places a great strain on a bitch!   The health of your bitch should be of
prime importance!


5. NON-BREEDING STOCK: If, at two years of age, any puppy from this litter is determined NOT to be of breeding quality, it is clearly
understood that it is NOT to be used for breeding purposes and will be spayed /neutered as agreed.  Since this dog has been sold
on a "Limited" Registration, decisions regarding breeding and registration changes will be made after the animal has been re-
evaluated, and at the sole discretion of the SELLER. It is agreed that the BUYER may spay/neuter at any time at their discretion but
is required to do so only if the pup is not of breeding quality.

Dogs with limited registrations can be shown in performance classes.  If such a dog is bred, the offspring
cannot be registered with the AKC.   I strongly recommend that females be spayed before their first heat. As
previously stated, this virtually eliminates the chance of mammary cancer.  If the pup turns out to be a good
example of the breed and you decide you want to show, I will allow you to postpone the spay/neuter (only
entire animals can be exhibited in the conformation ring) and I will reconsider the registration status of the
puppy at six months.

6. SELLER will microchip the pup prior to placement in its' new home.  SELLER will continue to be listed as one of the contact people
for the dog.

I have been pleased with the advantages of microchips.  Granted, animal shelter people do not always scan
dogs, but most do follow the procedure.  Also, this is permanent proof of the identity of the dog and greatly
increases the chance that you will recover your dog if it is lost or stolen.

7. BUYER will notify SELLER of any change in address, phone number, or internet address.  BUYER further agrees to keep the
SELLER informed of the physical condition of the dog and any accomplishments. (photos are appreciated!)

You are always welcome to contact me with your questions and concerns.  I am delighted when I hear from
my puppies and their families!   Even if you do not have one of my pups, I am always glad to try to help
anyone interested in this wonderful breed of dogs.  If you wish, I will be glad to refer you to other breeders.
I realize that different people are looking for different things- both in their dogs and in their breeders!

8. BUYER agrees to submit pertinent information to the PWDCA Health Registry on an annual basis or will submit such information to
the SELLER for submission to the Health Registry.

9. SELLER will submit information concerning this puppy to the PWDCA Litter Registry and the PWD Pedigree Study Group database.
Such information includes AKC registered name and number of the puppy and the name of the owner.

10.   Failure to comply with the terms of this contract in regard to breeding shall be considered a breach of contract.  For EACH such
breach, the BUYER shall pay the SELLER the following sums:  For a male dog, each use as a stud dog shall have the penalty of $4000
or the standard price of one of the SELLERS puppies at the time of the breach of contract plus $200, whichever is higher.  For a
female dog, any breeding which is not in compliance with the terms of this contract shall have a penalty of $5000 per incident plus
$2000 per puppy produced.

We added this clause on the advice of our attorney since it is almost impossible to inforce these clauses
unless there is a stated penalty- which needs to be greater than the value of any puppies produced!  This
is for the protection of our breed and our puppies.  I do NOT want one of my pups to end up in a puppy
mill situation!  I recommend that you go to my "
Bad Breeder" page to read about some of the things done
by bad breeders!

If this dog does not receive proper care or if the BUYER can no longer keep this dog, ownership of this dog shall revert to the
SELLER.  Any litigation concerning this contract shall take place in the court system at Flagstaff, Arizona.



BUYER(S):_____________________________________________   DATE:________________

SELLER_____________________________________________  DATE:________________
Karen Berggren        
Revised 2/20/2006
Planalto Portuguese Water
Dogs
...located in the high desert grasslands near Winslow, Arizona