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 Sample Contract

SOUTHLAND FARMS FILA BRASILEIRO SALES CONTRACT

Owning a fila is a great responsibility and commitment. There are a few basics that you MUST provide:
 

1) SOCIALIZATION of your puppy. Your pup should be exposed to people and all manner of situations as a young dog (12 weeks onward) so he will learn acceptable behavior as an adult. Take your dog to the park, the vet, to friends homes, etc. Exposure to other people will not lessen his guarding instincts as an adult. Encourage your puppy to be social, but do not force him to be friendly with strangers; let the dog approach strangers at their own speed and with positive reinforcement. Even young dogs will be unwilling to socialize with everyone. Forcing the dog to accept petting from these people may end with a dogbite.
 

2 ) BASIC OBEDIENCE TRAINING should begin after 4 months and no later than 6 months old . At a minimum your dog should know the basic obedience commands: "come", "heel", "sit", and "NO" (meaning stop what ever you are doing). We encourage you to take your pup to an obedience class in addition to personal training. Training of the puppy is a MUST or you will NOT be able to control the adult dog.
 

3) ADEQUATE FENCING cannot be stressed enough. Filas are very agile and can easily escape a standard 4 foot fence. They need at least a 6 foot fence ( preferably solid wood "privacy" fencing) or an enclosed top dog run. They should NEVER be left to roam unattended, especially in residential areas, public parks, or other public areas. They will not generally "go looking" for trouble, but if challenged or threatened they will defend themselves.
 

4) WARNING SIGNS should be posted on your fences, gates, doors, and entry to your property to warn unsuspecting visitors the property is being protected by a GUARD DOG. The FBCA offers a very nice plastic sign with a fila head and the caption "I GUARD MY HOME". You should contact your insurance company and local authorities to determine what is required in your area for your own liability protection.
 

5) INFORMATION AND EDUCATION of ALL members of your household should be a priority. Be aware that most people have never heard of the Fila and will be unaware of their temperament and natural dislike of strangers. You and your family must be able to respond to the questions others will ask about your dog. You must be aware at ALL TIMES your dog is around strangers and be alert to the actions of irresponsible people. It is YOUR LEGAL responsibility to keep your dog under control and to prevent others from accidental injury by your dog. Even "dog people" and professionals (such as veterinarians) may maintain "eye contact" with the dog...the Fila is very sensitive to eye contact and considers it a challenge. Be alert to people approaching your dogís face.
 

SouthLand Fila puppies are the result of carefully planned breedings. They are NEVER an accident. They were born and raised in my home with the love and attention of my family. They are not "kennel dogs". They are placed in carefully screened homes that will provide the proper loving care and responsible ownership our pups deserve. Should your situation EVER become such that you are unable to keep your Fila at ANY TIME during the life of the dog, PLEASE NOTIFY US!! If you wish to place the dog in another home, please screen the new owner as carefully as you were screened. If you are unable to place the dog properly, RETURN THE DOG TO US. Southland works with FILA RESCUE to place homeless Filas. NEVER TAKE YOUR FILA TO A LOCAL ANIMAL SHELTER!! They will not be prepared to handle or place a Fila properly. If you are aware of a Fila in need of this service; please contact the FILA RESCUE or SouthLand Farms. We would be glad to be of assistance.
 

The Fila Brasileiro is a large, powerful breed capable of protective behavior on behalf of its owner. Under adverse or threatening circumstances, the dog may be aggressive, and may bite. Because of this temperament the dog MUST be properly schooled and trained. The Buyer agrees to participate in proper training of this dog under the direction of a knowledgeable professional. The Buyer agrees to defend and to hold the Seller harmless from any complaints, lawsuits, or adverse circumstances of any kind which may arise as a result of actions taken by the dog after Buyer accepts delivery of the dog. Buyer will pay all legal costs and settlements associated with this dog.
 

SIGN:______________________________________________________
 

SOUTHLAND FARMS grades its dogs in the following manner:
 

SHOW/ BREEDING QUALITY

Dog is an excellent specimen of the breed as described by the official FCI standard. It is guaranteed to have no disqualifying faults as described in the standard. If shown with concerted effort and proper handling, it should be able earn the title CHAMPION. Only mature dogs (over the age of 2 years) that have proven themselves of superior quality, certified free of hip dysplasia through OFA recognition, and have passed the FBCA or FCI temperament test should be considered for breeding.
 

WORKING/ PET QUALITY

Dog may have some fault, cosmetic defect, or blemish that would interfere with a show or breeding career. This will in no way diminish the dogís health or working ability. All health guarantees will apply to the dog; however, it is NOT guaranteed to pass OFA recognition. All registration papers will be held by the seller until proof of the sterilization of the dog by a licensed veterinarian is furnished to the seller. Working/pet quality dogs will not be used for breeding purposes under any circumstances at any time. Once proof of sterilization has been submitted to SouthLand, FBCA Registration papers will be furnished to the buyer. This limited registration certificate will specify this to be a NON-Breeding dog. No FCI registration certificate will be furnished.
 

HEALTH GUARANTEE
 

This dog was sold and left SouthLand’s possession in good health (if shipped by air it has been accompanied by a health certificate from our veterinarian) and was current on all vaccinations as to the age of the dog. The dog is guaranteed against congenital defects and disease for 30 (thirty) days from the date of this contract. Should the dog become ill within the 30 days, it should be returned immediately (with all paperwork) for replacement. If the buyer chooses to seek treatment for the dog, Southland will in no way be held responsible for the costs of such treatment. New owners must take their puppy to their own veterinarian within the first 7 days of ownership to verify the health of the dog. Proof of this visit will be required before replacement is made under this clause. As we have no control over the health care, risk of exposure, or treatment of the dog once it has left our possession we have no alternative but to state that NO refund will be made under this clause after 30 days from the date of this contract, nor will replacement be made on a dog that has been injured or allowed to become ill through the neglect of the buyer. The buyer agrees to provide proper routine veterinary care including vaccinations and de-worming through out the life of the dog.
 

HIP and or ELBOW DYSPLASIA GUARANTEE
 

This dog is guaranteed against crippling dysplasia; that is, it is free from any outward symptoms of the disease that would interfere with the dogs working ability or normal movements until the dog reaches the age of 6 (six) years old. If this dog is sold as show/breeding stock it is guaranteed to pass OFA certification at 24 months of age with a FAIR or better rating. To seek replacement under show/breeding stock terms, the buyer AT HIS OWN EXPENSE must have the dog X RAYED by a qualified veterinarian and submit the X-rays to OFA before the dog reaches its 26th month of age. If the dog fails to pass, a copy of the X-ray and the OFA report must be furnished to the seller before replacement is made. The buyer may return the dog for replacement, or if the buyer wishes to keep the dog, proof of sterilization of the dysplastic dog must be furnished before a replacement dog leaves Southland Farms.
 

Replacement will not be made if the buyer does not uphold his responsibility to see that the dog is x-rayed at 24 months of age. Replacement will not be made on working/pet dogs who do not pass OFA. Replacement will not be made if the dog has been used for breeding at any time. We encourage buyers to have a preliminary x-ray taken at 12 months of age to ensure the dog is developing normally.
 

TEMPERAMENT GUARANTEE
 

This dog is guaranteed to have the true FILA temperament. That is to say, this dog will (after the age of 12 months) pass the FBCA (or FCI) temperament test as administered by a qualified representative of the Fila Brasileiro Club of America (or FCI). Should this dog fail to pass 2 (two) properly administered tests, return the dog with all paperwork and proof of test failure (the judges score sheet) for replacement.
 

ALL REPLACEMENT GUARANTEES ARE NULL ONCE A DOG HAS BEEN USED FOR BREEDING, NO EXCEPTIONS.  IT IS THE BUYERS RESPONSIBILITY TO MAKE SURE HIS DOG IS ACCEPTABLE FOR HIPS, HEALTH, AND TEMPERAMENT BEFORE THE DOG IS USED FOR BREEDING OR TO CONTACT THE SELLER FOR REPLACEMENT (AS SPECIFIED IN THIS CONTRACT) BEFORE BREEDING THIS DOG.
 

CONFISCATION CLAUSE
 

SOUTHLAND FARMS reserves the right to confiscate any dog we have sold or placed if it is found that the buyer is abusing the dog in any way. This includes, but is not limited to: physical abuse, or keeping the dog in such a way that it endangers the life of the dog or the safety of persons coming in contact with that dog. In such case, the expense of confiscating and transporting the dog will be paid by the seller. It is our most sincere hope we NEVER have to invoke this clause; however, the buyer agrees to forfeit all refunds and adjustments as outlined in this contract and forfeits any recourse of action against the seller if this clause is invoked. This will only be invoked in the most extreme situations.
 

I, ________________, the "buyer" freely sign and agree to all terms as spelled out in this contract. There are no other warranties expressed or implied on this transaction. I am aware of the responsibilities of ownership of a Fila Brasileiro and I purchase this dog from SouthLand Farms in agreement with these terms. In addition, I agree never to place this dog in a pet shop, research lab, animal shelter, or any type organization established for unwanted or homeless animals. I understand that if my situation should ever be such that I am no longer able to keep this dog, I will immediately contact the seller and arrange to return the dog. Any dog sold by SouthLand Farms can be returned for any reason at any time (however, refunds and adjustments will be made only under the provisions of this contract). If I sell or give away this dog I will make sure the new owner is as properly educated about the Fila breed as I was and I agree to notify the seller if this dog is placed in a new home.
 

All costs of transporting the original dog and/or any replacement dog to and from Southland Farms will be paid by the buyer except as noted elsewhere on this contract. The buyer understands that any replacement dog must be of the same sex and grade as the dog originally purchased. Due to our devotion to the breed, our selective breeding practices, and the inherent risk of working with live animals, there may be some delay in providing an acceptable replacement. All efforts will be made to replace the returned dog as quickly as a suitable replacement can be produced.
 

 PRINT BUYERS NAME, ADDRESS AND PHONE:
 ____________________________________________
 On this date__ the buyer purchased a _ _ fila as described in this contract. The sales price a copy of the registration papers of the dog are attached.
 

BUYERS SIGNATURE:

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SIGNED: MINIDA R DOWDY

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SOUTHLAND FARMS FILA BRASILEIROS