Guarantee & Policies

Limited AKC Registration - Because Spear-Bar kennels is extremely concerned with its reputation as a breeder of quality puppies, its puppies are sold with access only to limited AKC registration.

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Spear-Bar Kennel's Guarantees and Policies Contract

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Surety of Action Agreement & Deposits

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Waiting List for future litters

You know and I know that we are both honest and dependable but it is NEVER a wise idea to enter into a business agreement without a written contract. This is not personal and neither party should feel that it is because misunderstandings can, and do, occur. Spear-Bar Kennels wants you to be happy with your Spear-Bar puppy and the puppy buying experience. Happy customers refer others which makes raising high quality Dobermans possible for the kennel.

This contract is executed to protect both the buyer and the seller as well as to insure the best possible future of the Doberman breed. It is intended to forestall any misunderstandings which might otherwise arise in the future. Spear-Bar Kennels wants you to feel comfortable and be happy with your purchase by explaining your rights to you prior to making your purchase of a Spear-Bar puppy. Before purchasing a puppy, we recommend that you read this agreement and the genetics information supplied by Spear-Bar Kennels and that you contact us with any questions you may have. For purposes of this contract, the terms "seller" and "the kennel" shall apply only to Spear-Bar Kennels and the term "buyer" shall apply only to the original buyer of a Spear-Bar puppy from Spear-Bar Kennels.

Limited Registration:
This puppy is sold ONLY as a companion/pet. Spear-Bar Kennels takes its reputation for the breeding, selling and care of quality Dobermans VERY SERIOUSLY. To protect the good name and reputation of the kennel, puppies are therefore eligible only for limited AKC registration. This means that while the puppy is eligible for full AKC registration, none of its offspring shall be eligible for such registration. The conditions of this contract shall be considered null and void if the dog is bred, sold or if ownership is transferred to a third party outside the limitations of this contract.

Registration:
The Doberman Pinscher puppy described on sales receipt number _______ was sold to the buyer whose signature appears below by Spear-Bar Kennels on a limited registration basis. The buyer assumes all responsibility for any expense of registering the puppy upon receipt of the AKC registration blank from the kennel. Spear-Bar Kennels prefers that the dog's AKC registration given name be preceded by the title "Spear-Bar's"..... For example, if you wish to name your dog Apollo, it would appear as "Spear-Bar's Apollo" on the registration form. Once you see the quality of your Spear-Bar puppy, you'll be just as proud as we are to set him or her apart from all others by bestowing the Spear-Bar title in its name !

Transfer of Ownership From Spear-Bar Kennels:
For purposes of this agreement, ownership of the puppy is considered to have been transferred to the buyer when the buyer and the seller sign this agreement, the seller receives full payment and a sales receipt is executed by the kennel.

Payment:
Payment must be made in full prior to or at the time of the signing of this agreement and may be made with cash, by personal check, by cashier’s check or by money order. If payment is made by personal check, the sales receipt and the puppy will be reserved by the kennel until the check has successfully cleared the buyer’s bank. Should the check fail to clear the bank, the puppy shall be reserved following written or verbal notification to the buyer for no more than 48 hours and may then be sold by the kennel to another buyer without compensation to the buyer. If the buyer’s check fails to clear the bank, subsequent payment by the buyer must be made in cash or by cashier’s check or money order within 48 hours. Checks, money orders and cashier's checks should be made payable to Spear-Bar Kennels.

Shipping:
Spear-Bar Kennels very much prefers that you personally take possession of your puppy from the kennel or personally deliver your puppy to the kennel to limit the stress and exposure to illnesses, diseases, poor handling procedures and/or damage to the puppy which are possible during shipping. Therefore, in the event that the puppy is to be shipped from or returned to the kennel, the buyer agrees to pay in full for any and all expenses (including shipping crate) related to shipping as well as any expenses which are incurred by the buyer or seller prior to, during and/or following shipping. The buyer assumes full personal, legal and financial responsibility for making all arrangements for payments, insurance, the method of transportation, the carrier, the safety of the puppy during transportation and for the condition of the puppy upon arrival. The buyer shall hold the seller blameless for any and all adverse circumstances arising from the shipping of the puppy.

Guarantees:
Spear-Bar Kennels provides the following guarantees and policies:

1. The kennel guarantees that the puppy has had its tail docked and dew claws removed.

2. The kennel guarantees that the puppy has received its first series of wormings and vaccinations.

3. The kennel guarantees that the puppy is free from illness, congenital deformity, disease or infection originating in the kennel for a period of 72 hours from the date of purchase. Unless prior written arrangements are made, the 72 hour period begins at the delivery date and time designated upon the sales receipt.

With the exception of the first 72 hours, no guarantees which are not contained herein are made with respect to any illnesses, infections or diseases. Testing to establish the existence of illnesses, diseases, deformities, defects, genetic status and all costs of such or any testing shall be the responsibility of the buyer. If the puppy is to be shipped, no 72 hour grace period shall exist since the puppy is beyond the supervision of the kennel during shipping and since the puppy left the kennel in a healthy and an undamaged state.

4. The kennel guarantees that the puppy is fully eligible for limited registration by the AKC and that the kennel will provide the proper forms for such registration according to the limitations set forth in this agreement.

5. The kennel guarantees that all health and other testing results of the puppy's sire and dam are current and accurate.

6. The kennel agrees to remain reasonably available to provide guidance and advice to the original owner for the lifetime of the dog or until ownership of the dog is properly transferred to a third party.

7. The kennel guarantees that your puppy will be either clear of, or only a carrier for, von Willebrand's Disease based upon subsequent VetGen testing.  Please note that the mildest of the three forms of von Willebrand's Disease (vWD) is found to be genetically present, to varying degrees, in approximately 85% of all Dobermans and that hip dysplasia, which can occur in Dobermans, is not as common as it is in other large breeds.

8. The kennel guarantees that the puppy will obtain a passing DI grade of .06 or below for elbow and hip dysplasia upon subsequent Penn-Hip testing. Testing to establish the existence of illnesses, diseases, deformities, defects, genetic status and all costs of such or any testing shall be the responsibility of the buyer.

9. The kennel shall provide the buyer with copies of its guarantees and policies, sales receipts, genetic information, vaccination information and forms, initial veterinarian examination form and transfer of ownership form with every puppy.

10. Puppies in our kennel undergo temperament testing by a professional evaluator at 6 to 7 weeks of age using the Volhard Puppy Aptitude Test. This is done to help the kennel to more accurately place puppies which will best suit the buyer's needs and expectations. Temperament documentation will be shown to each buyer prior to making a selection and the buyer may use that information as he or she wishes in deciding which puppy's temperament is best suited to his or her needs. It has been our experience that owners who select a puppy using this information are usually the happiest with their new family member.

Refunds and Replacement Policies:
1. To be eligible for refund or replacement, the puppy must:

a. Be found by a veterinarian within 72 hours of the delivery date and time listed on the sales receipt of the puppy to suffer from an illness, disease or deformity originating in the kennel. If the puppy is being shipped, the 72 hour grace period shall not apply.

b. Be determined by VetGen testing to be von Willebrand's "affected". Should the puppy be classified as "affected" by VetGen testing and the puppy is returned to Spear-Bar Kennels subject to all limitations contained herein, a full refund of the purchase price or a replacement puppy (subject to the replacement policies and waiting lists of Spear-Bar Kennels) of equal value shall be made. If the buyer wishes to return the puppy for refund or replacement, he or she must provide documentation of the VetGen test results, return all AKC certificates and pedigrees, and provide proof that all vaccinations and wormings are current. Only VetGen testing results will be acceptable. The puppy must also be free from injury, illness, disease, malnutrition or damage including that from shipping as certified by the kennel's veterinarian. No expenses for return or replacement shipping or for veterinarian care, cropping, surgical or post-surgical care, training, feeding or any other expenses incurred by the owner while in possession of the puppy shall be reimbursed.

c. If a Spear-Bar puppy is found by Penn-Hip testing to have elbow or hip dysplasia prior to 6 months of age, a full refund will be made or a replacement puppy of equal value shall be provided subject to the shipping, replacement and waiting list policies of Spear-Bar Kennels. To receive a refund or replacement puppy, the buyer must provide documentation to the kennel that the puppy has been given a Penn-Hip DI rating of .07 or above and must provide the seller with documentation of the Penn-Hip testing results including, but not limited to, copies of all X-Rays and a letter of diagnosis by a registered veterinarian. Only Penn-Hip testing results will be acceptable. The buyer must also return all AKC certificates and pedigrees as well as proof that all vaccinations and wormings are current. The dog must also be free from injury, illness, malnutrition or damage including that from shipping as determined by the seller's veterinarian. No expenses for return or replacement shipping or for veterinarian care, cropping, surgical or post-surgical care, training, feeding or any other expenses incurred by the owner while in possession of the puppy shall be reimbursed.

2. If a puppy is eligible for a refund or for replacement under the conditions listed above, the buyer may select one of the following options:

a. The buyer may elect to return the puppy at his or her expense for a full refund of the purchase price.

b. The buyer may elect to return the puppy at his or her expense for replacement of the original puppy with a puppy of the same color, sex and monetary value. If such a puppy is no longer available from the current litter, the kennel's policy covering waiting lists (see below) shall apply. If the buyer decides to replace the original puppy with a puppy which is more expensive, the buyer shall pay the difference in prices between the original and replacement puppy.

c. If the buyer desires to keep the puppy, at the sole discretion of the kennel, the kennel may elect to allow the buyer keep the original puppy in addition to providing a replacement puppy of equal value rather than having the original puppy returned and/or euthanized. If the buyer wishes to retain the original puppy and the kennel agrees, the buyer agrees to have the puppy spayed, neutered and to provide documentation to the seller before a replacement puppy will be provided. If the buyer retains the original puppy, the buyer shall then become solely responsible for the ownership, care of and liability for the puppy and the remaining terms and conditions of this contract shall no long be binding upon the kennel with regard to that puppy.

3. Since Spear-Bar puppies are sold solely as companion animals and not for breeding purposes, refunds or replacements for dogs classified as "carriers" by VetGen testing will not be made unless the "carrier" dog was certified by the seller as being classified as "clear" by prior testing of its parents. In that case, the "carrier" dog must be returned and a replacement puppy of equal value and "clear" genetic status shall be provided upon receipt from the buyer of all VetGen test results, AKC documentation and pedigrees as well as proof that all vaccinations and wormings are current and that the puppy is free from illness, mistreatment, malnutrition, injury and disease.

Refund and Replacement Limitations:
1. In order to obtain a refund or replacement puppy in the event of illness, disease or deformity prior to 72 hours, the buyer must provide, in writing from a veterinarian, specific information citing the affliction, its communicability and its severity. A form for reporting the results of this examination shall be provided to the buyer.

2. If the buyer changes his or her mind about owning the puppy after taking possession, it shall be the responsibility of the buyer to sell or transfer ownership the dog subject to the limitations of this agreement rather than just returning it to the kennel. However, the kennel may be able to help you find a good home for the puppy or may, at its sole discretion, elect to accept the return of the puppy. This does not constitute an obligation on the part of the kennel but only indicates a desire by the kennel to see the dog placed in a good home.

3. If there is a difference of opinion between the kennel and the buyer concerning the findings of veterinary examination or of testing procedures or results, Spear-Bar Kennels reserves the right to obtain a second opinion from its own veterinarian or other sources to confirm findings and test results and to rely upon its veterinarian's findings or other test results prior to making refunds or replacements.

4. All sections of this agreement shall apply to a replacement puppy.

5. All guarantees are null and void if the dog is found, in the seller’s opinion, to be injured, have an illness or disease which did not originate in the kennel, to have been bred, mistreated, abused, malnourished or neglected or if proof that vaccinations and wormings are current is not provided to the seller.

6. Spear-Bar Kennels does not make its puppies available to breeders, pet stores, commercial chains, animal brokers or to parties whose purpose it is to breed, resell or transfer ownership of the puppy to a third party. If the buyer is discovered to be an agent for another person or entity and/or is purchasing the pet for someone else or is purchasing the puppy for breeding, resale or transfer of ownership to a third party without the prior permission of the kennel or that the buyer is associated with a pet shop, commercial chain, breeder or animal broker, the kennel reserves the right to regain possession from the original buyer or from any subsequent owner(s) without compensation to the original or subsequent owner(s) of the puppy as well as to pursue legal remedies for fraud and the original buyer shall bear all costs of the kennel in pursuit of repossession and/or of any and all legal remedies. In addition, if, in the opinion of the kennel, steps must be taken to restore the dog to optimum health and condition or to euthanize the dog, the original buyer shall bear full legal and financial responsibility for expenses incurred by the kennel in doing so.

7. No expenses incurred by the buyer or subsequent owner(s) during the time he or she had possession of the dog including, but not limited to, VetGen, Penn-Hip or any other examinations, testing, veterinary care, treatments, feeding, training, shipping or ear cropping, shall be reimbursed by the seller.

8. In all instances, to be eligible for a refund or replacement:

a. If older than 10 weeks of age, the puppy's ears must be cropped. If older than 18 weeks of age both of the puppy's ears must be cropped and standing.
b. The dog must never have been bred and be certified as such by the kennel's veterinarian.
c. The dog must not have been mistreated, malnourished, injured, crippled or disfigured.

9. Since the Doberman, like many others purebreds, may contract Wobbler Syndrome, thyroiditis, cardiomyopathy, cancer, eye, skin and other defects or diseases during its lifetime and, since reliable screening procedures of puppies prior to sale age for these diseases and defects do not exist, Spear-Bar puppies cannot be certified by the kennel to be free for life from these diseases or defects. However, the kennel would appreciate being informed of any of these complications which a Spear-Bar Doberman encounters for record keeping purposes to continue to improve its breeding program.

10. All expenses for shipping and return of original puppies and for shipping of replacement puppies shall be fully and completely at the expense of the buyer.

Waiting lists:
Please note that Spear-Bar Kennels operates on a waiting list basis and that, when providing replacement puppies, future litters may have already been pre-claimed. In such cases, the kennel may have already given its word to others and/or received a deposit requiring it to provide puppies from future litters before it became aware of the buyer’s claim. This may prevent the kennel from providing a replacement puppy from a particular litter. In that case, the buyer’s name will be placed on the waiting list without a deposit and he or she will be contacted to select a puppy when a litter with a sufficient number and/or quality of puppies to satisfy any pre-existing waiting list as well as the buyer's claim. If all the puppies from a litter which is available at the time the buyer requests a replacement puppy have not been pre-claimed, the buyer may select a puppy which has not been pre-claimed. The buyer must select a puppy from the litter which is offered with the following exceptions:

a. If a buyer wishes to obtain a new puppy of the same color, genetic status and gender as the original puppy and one is not available in the litter being offered, he or she may elect to pay the difference for a more expensive puppy if one is available in that litter.

b. If the buyer wishes to obtain a new puppy of the same color, genetic status and gender as the original puppy and one is not available in the litter being offered, the buyer may elect to wait until such a puppy becomes available in a future litter.

It is the responsibility of the buyer to keep all of his or her contact phone numbers, addresses and email addresses current. If the kennel is unable to contact the buyer, his or her name will remain on the waiting list until the current litter is sold. If current contact information is not available by the time the current litter is sold, the buyer’s name shall be removed from the waiting list and it is the responsibility of the buyer to contact the kennel to apply for a new position on a future waiting list.

If Spear-Bar Kennels is not able, for any reason, to provide to the buyer on a waiting list his or her requested puppy or a substitute which is completely acceptable to the buyer within 12 months of the date the deposit was paid and accepted, the buyer may elect to have his or her deposit fully refunded and an additional $50 non-performance fee will be paid by the kennel to the buyer as a gesture of good faith on the part of the kennel.

If the buyer wishes to withdraw from a waiting list, no refund of the deposit shall be made. Consider that the kennel may have declined to accept others on their waiting list due to the number of names already there or that it may have made decisions on which dogs to breed or even whether to breed at all based upon the number of names and/or the specific requests of those on their waiting list. If the kennel agrees to provide a dog or a specific dog and you have agreed to accept the dog, both parties should be expected to keep their word.

Repossession:
The kennel has a proprietary interest in its good name and reputation which can suffer if a Doberman bred or sold by the kennel falls into inappropriate hands. Consequently, the buyer agrees to provide a clean and healthy home as well as the proper training, feeding, supervision and veterinary care to the puppy throughout its life.

If, for any reason, including, but not limited to, neglect or mistreatment, in the opinion of the seller, the seller must reclaim the dog after the buyer has taken possession, the buyer shall be responsible for any expenses incurred by the seller in doing so.

If the buyer has not kept the dog’s vaccinations, heartworm treatments, etc., current and cannot provide documentation that he or she has done so or if the condition and general health of the animal in the seller’s opinion is such that the seller must take corrective actions, the buyer shall be responsible for any expenses incurred by the seller in bringing the dog’s vaccinations current and/or for any necessary treatment by a veterinarian or other service provider to return the dog to optimum health. If the animal cannot be returned to optimum health, the dog may either be placed by the seller in a new home or euthanized at the seller’s discretion and at the expense of the buyer.

Non-performance of this contract will constitute the buyer’s agreement to unconditional surrender and return of the puppy completely at the expense of the buyer without reimbursement or recourse to civil/legal action.

Liability:
Full civil, legal and financial liability for the dog designated on the sales receipt is the responsibility of the buyer and/or subsequent owners. Spear-Bar Kennels may not be held civilly, legally or financially responsible by the original owner, subsequent owners or by any person or entity for any events, expenses or litigation arising from ownership by the original buyer or by subsequent owners of the dog. Should such circumstances arise, the original buyer and/or subsequent owners shall retain all responsibility to the extent legally prescribed by regulation or law.

Transfer of Ownership to a Third Party:
With the exceptions cited in the repossession and liability sections of this agreement, all guarantees and policies outlined in this agreement apply only to the original buyer and dog listed on the sales receipt and excludes in every way any future owners of that dog regardless of the manner in which ownership of the dog is transferred from the original owner to a subsequent owner.

Delivery Dates:
Failure by the buyer to take possession of puppy by the agreed upon delivery date may cause the kennel to miss other opportunities to place the puppy with another buyer or to incur additional expenses in doing so. Therefore, unless prior written arrangements are made and are agreed to by the kennel, if the buyer fails to take possession by the agreed upon delivery date which is designated on the sales receipt, the seller forfeits all rights to the puppy and shall receive a full refund less a $250 default fee and the kennel shall be free to sell the puppy to another buyer without further compensation to the original buyer.

If the buyer is unable to take physical possession of the puppy by the agreed upon delivery date, at the discretion of the kennel, the kennel may agree to hold the puppy for an agreed upon extended period once the full purchase price, a security deposit of $150 to cover additional unexpected expenses and boarding fees of $10 per day for the extended period are paid.

If the agreed upon extended delivery date causes the seller to incur expenses in excess of the security deposit, including, but not limited to, liability, veterinary bills, ear cropping, vaccinations, health care, property damage and the sellers time and effort (value to be determined by the seller), the buyer also agrees to reimburse the seller in full for these expenses prior to taking possession of the puppy. Should no additional expenses to the kennel be incurred during the extended period, the full security deposit shall be refunded to the buyer.

Should the buyer fail to take possession of the puppy by the extended delivery date, no refunds of deposits or of the purchase price or fees shall be made and the kennel shall be free to sell the puppy to another buyer without any compensation to the original buyer.

In the event of the illness, loss, death or injury of the puppy while in the seller’s care until the expiration of the extended delivery date, the kennel shall not be held responsible for the puppy and no refund of deposits, of the purchase price, fees or of additional payments for expenses shall be made.

Arbitration:
Should any provision of this Agreement be found or deemed to be illegal, invalid or unenforceable, the remainder of the Agreement shall not be affected thereby. The buyer, seller and any future owners of this dog agree that any disputes, either to the contents of this agreement or for any and all other reasons which cannot be resolved by the parties to each party's satisfaction, shall be settled by the American Arbitration Association and that they shall be legally bound by such arbitration without recourse to appeal or further legal action. All interpretations of this agreement will be made in accordance with the laws, rules and regulations of the State of Arizona without regard to the state of residence of the original, new or subsequent owners of the dog or its offspring and all arbitration hearings will be held in Tucson, Pima County, Arizona, United States of America and at the convenience of the seller who shall not intentionally or unreasonably set dates which preclude the buyer or subsequent owners from settlement by arbitration. All reasonable expenses related to arbitration as determined by the arbiter and with the exception of expenses related to travel, meals, lodging or for time invested in pursuing settlement which are incurred by the buyer, seller or subsequent owners incurred as a result of arbitration shall be paid by to the successful party by the loser of the arbitration.