This AGREEMENT REGARDING THE PURCHASE AND SALE OF A BIEWER TERRIER (hereinafter “Agreement”) effective as of _____________is entered into by Myrna Torres (hereinafter “Seller”) and _____________________________(hereinafter “Buyer) for the purpose of setting forth the terms and conditions of the purchase by Buyer of one Biewer Terrier dog from the litter whelped on December 26, 2009, a Male puppy, currently known as _____________________________________(hereinafter “Puppy.”)

Agreement

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties hereby agree as follows:
1) Purchase Price.  For the sum of $ ____________(United States Dollars), Seller agrees to sell and Buyer agrees to buy Puppy.
2) Transportation of Puppy.  Puppy will not be released to Buyer until it is at least fourteen (14) weeks of age.  Transportation shall be agreed upon by Seller and Buyer.  Buyer will be responsible for all transportation fees and costs.
3) Health of Puppy.  Sale is contingent upon full veterinary approval within 5 days, if this purebred dog does not have your veterinarian's approval; please return Puppy to breeder premises immediately for a full refund. If Puppy dies an autopsy must be given within forty-eight (48) hours of death for proof of disease. If this dog develops a serious hereditary disease or other life threatening congenital disease, with the exception of luxating patellae which cannot be guaranteed on any toy dog as injuries are common similar to a trick knee on a football player, or trachea problems which can be the result of careless intubations or severe bronchitis, specifically, but not limited to Legg Perthes (one year guarantee) or liver shunt, within the first two (2) years of life, a full refund or another puppy shall be given as a replacement whichever is mutually agreeable. Any genetic disease must be diagnosed by a veterinarian or of Seller’s choice at Seller’s expense.
4) Inoculations.  Puppy will have all his/her current puppy shots. Due to the age of puppy one more set of shots might be required and be the responsibility of the Buyer. The only other shot Puppy will need after you receive him/her is a rabies vaccine. We do not vaccinate nor recommend a rabies vaccine until the puppy is at least 6 months, preferably 1 year old due to their size. Since Puppy has been fully vaccinated, if you give him/her another vaccination before his/her yearly booster is due this contract is void. Puppy should be started on heartworm medication before the age of 6 months.
5) Registration.  Puppy will be registered with the Biewer Terrier Registry of America (“BTRA”) and is being sold as a breeder.  Buyer agrees that this puppy will be bred according to the guidelines set forth by the BTCA, Inc. and all progeny will be registered with BTRA.  This dog may not be bred to any breeds other than a Biewer Terrier, doing so will constitute breach of this contract. The buyer will pay the seller $3,500.00 for that choice and this contract will be void.
6) Agency or Broker Restriction.  Buyer agrees that she is not acting as an agent or broker in the purchase of Puppy. 
 7) Severability.  The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.
 8) Amendment; Waiver; Etc.  No provision of this Agreement may be waived, amended or otherwise modified unless such waiver, amendment or modification is agreed to in writing and signed by both parties hereto.  No waiver of any breach of any provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions at the same or at any prior or subsequent time.  No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which is not expressly set forth in this Agreement.
 9) Binding Effect; Successors.  This Agreement may not be assigned by either party hereto without the prior written consent of the other party, but shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns by operation of law.
10) Construction.  All questions concerning the construction, validity and Interpretation of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of California without regard to its conflict of laws or choice of laws provisions.  Any dispute arising between the parties hereto concerning the meaning or interpretation of this agreement, or the rights, duties, or obligations of the parties to this agreement shall be submitted to and determined in Pasadena, California.

IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by each of the parties, intending to be legally bound, hereto as of the date first written above.

Myrna Torres                                                  Buyer_______________
440 E. Laurel Ave.                                            ___________________