I, (Buyer's name here)_______________________________________ hereby acknowledge that this is my offer sent by E-mail to Black Bear Farm to purchase a puppy or a dog described below and is dated: ________________________ (today's date) and that I agree to the terms and conditions set out herein as if I had signed this document. Buyer agrees that when this offer is copied to an E-mail message and is sent to the Seller by the Buyer by E-mail, it has the same effect as if this offer to purchase a puppy was delivered to the Seller with the actual signature of the Buyer.

The Buyer described below (herein referred to as the 'Buyer')
offers to purchase a dog/puppy described below from
Black Bear Farm (herein referred to as the Seller)
Phone 705-287-1095 E-mail:

Buyer Information

Buyer Name: ...............................................................................................................

Address: ......................................................................................................................

City: ......................................................... Postal Code: ............................................

E-mail: ......................................................Cell: ...........................................................

Home Phone: ........................................... Work Phone: ..........................................

Choose Delivery Option: ( Airline) ( Ontario) (Killarney): ........................................

Puppy / Dog Description: The Buyer agrees to purchase a puppy/dog as a family pet described as: (after filling the blanks, you may delete the dotted lines. )

Sex: ............. Colour: ......................................... Birth Date: ..................................................

Puppy/Dog Purchase Price: $.......................... Deposit Amount: $........................ to be credited towards the purchase price.

Seller must accept this offer made by the Buyer by the irrevocable date of:

6:00 PM EST on the ..................... day of ...................................................2011,
(this date should be 48 hours later than the date of the offer). otherwise this offer to purchase a puppy made by the Buyer shall become null and void and any deposit paid by the Buyer shall be returned without interest forthwith.

There are no further information blanks to be filled in this offer to purchase a GBSD but the offer you send must include all of the text above and below that appears on this page defined by the area with a white background.

The Buyer makes an offer to the Seller to purchase a GBSD puppy described above on the following terms and conditions.

Offer Sent By E-mail: Because the transmission of this offer by E-mail does not allow for the execution of an agreement with a hand written signature, the Buyer's commitment to purchase the puppy is evidenced by the completion of the following steps #1 and #2 below.

1. By copying the text of this offer to an E-mail message sent to the Black Bear Farm E-mail address posted at: http://www.blackbearfarm.com/dogs/contact.php

2. By paying to the Seller the deposit described herein within twenty four hours of receiving the Seller's acceptance notice sent to the Buyer to its E-mail address.

Irrevocable Date: If this offer is not accepted by the Seller by the irrevocable date and time shown above or within forty eight hours from the date and time that the offer is received by the Seller then this offer becomes null and void and any deposits paid by the Buyer shall be returned to the Buyer forthwith without interest being paid. If the buyer made a deposit by Credit Card any expense incurred by the Buyer will be deducted from the deposit returned.

Time to Choose A Puppy: Puppies are chosen just before delivery date. A 'Time to Choose' notice is sent to all Buyers by e-mail. The Buyer shall have the right to choose a puppy from the available puppies offered for sale and that the right to choose will be granted in the order that the purchase agreement is received. The Buyer has the right to change its choice of puppy sex and colour at any time before the 'time to choose' notice has been issued but if doing so after the 'time to choose' notice is issued then the Buyer's order of choosing will be moved to the bottom of the list. Upon notice that the photos of the puppies are displayed on the BlackBearFarm.com web site or upon receiving notice sent to the Buyer that it is the time for Buyers to choose their puppy, the Buyer must choose its puppy immediately or the seller may choose the puppy for the Buyer from available puppies according to the sex and colour specified by the Buyer above. The Buyer may register his or her choice of available puppies in advance of the time to choose by notifying the Seller by e-mail of three or four choices in order of preference according to the description of the puppy stipulated above. The Buyer acknowledges that from time to time, the Seller may produce puppies for its own breeding program or for some other purpose other than for sale as family pets and such puppies are not available to the Buyer for selection. The Seller reserves the right to remove from sale any puppies born to any litter for any reason whatsoever.

Puppy Selection: This agreement does not guarantee colour or sex will be available and in the case where the preference stated above is not available, the Buyer agrees to complete the purchase of the puppy from the Seller's available puppies or the Buyer may elect to purchase a puppy from a later litter made available. E-mail notices are sent to all buyers as puppies are chosen.

Purchase Price: The Buyer agrees to pay the purchase price listed above plus HST (13% were applicable) plus delivery expense and any other expenses agreed to by the parties in writing and upon the terms and conditions herein.

Balance In Cash: The balance of the purchase price for the puppy and its estimated delivery expense or any other agreed to expenses are payable in cash or by E-Transfer on the Completion Date.

Delivery Expense: The Purchase Price is for the puppy and does not include delivery expense. Puppies picked up Killarney by the Seller do not incur a delivery expense. If the puppy is to be delivered by air then the balance of the purchase price for the puppy and its estimated delivery expense or other agreed to expenses is payable in cash, or by E-Transfer ten business days before delivery date.

Deposit: The deposit paid by the Buyer is to be applied towards the purchase price of the puppy or dog. The deposit is to be sent to the Seller by direct deposit to the Sellers bank account, by E-Transfer or by Credit Card within twenty-four hours of the Sellers notice of acceptance delivered to the Buyer by E-mail otherwise the Seller may elect to deem this offer null and void.

Completion Date: The Completion Date of this agreement is the date determined by the Seller when the Buyer must take possession of the puppy purchased. This date is generally nine to twelve weeks from the puppy's birth date. At his expense the Buyer may choose a delivery option from the delivery methods described below. Seller has the right to name or revise the delivery date for any of the delivery options for any reason by notice posted on the Black Bear Farm website.

Delivery options: Choose a puppy delivery option from the choices below. You can change your option later if you wish.

Killarney Delivery: The Completion Date for picking up your puppy in Killarney (herein called Killarney Delivery) will be set or revised by the Seller.

Ontario Delivery: An extra cost will be incurred by the Buyer for Ontario Delivery. If the Buyer requests that the puppy be delivered to one of the Ontario communities: Sudbury, Parry Sound, Wabashene, Barrie or North Toronto (GTA), (herein called the Ontario Delivery), the Completion Date for Buyer to take possession of the puppy will be also be stipulated by the Seller and may be revised by the Seller at any time or times as posted on the Black Bear Farm website.

Airline Delivery: (Not available to the USA at the present time). An extra cost will be incurred by the Buyer for Airline Delivery. If the Buyer requests that the puppy is to be sent to the Buyer via the live air cargo service of an airline, (herein called Airline Delivery), the Completion Date will be stipulated or revised by the Seller which shall be a date after the Ontario Delivery date. A vaccination certificate will be include with the puppies shipping documents and attached to the puppy's shipping crate. Notwithstanding approximate airline delivery costs quoted on our blackbearfarm.com web site, by E-mail or any other means, actual airline delivery costs may vary depending on the airline needed to make the delivery, the distance to the destination airport and other complications that may add extra cost for delivery including but not limited to puppy / dog weight, crate size and weight, difficulty arranging connecting flights, flight delays, customs hours, flight embargoes, the need to board the puppy overnight due to complications or missed connections including but not limited to flights that are delayed, customs availability at the destination or other scheduling problems. All prices quoted are estimated by the airlines until the puppy is delivered by the airline and may differ from quotes issued to the Buyer or the Seller by the Airline. The Buyer agrees to pay any unexpected increased or unforeseen costs to the Seller including expected or unexpected overnight boarding cost or any official administration costs howsoever caused notwithstanding any lower price quoted beforehand. Unforeseen costs may be payable by the Buyer at the shipping destination when taking delivery of the puppy.

The Seller will notify the Buyer of its Completion Date by E-mail. The Completion Date may be delayed or revised by the Seller at any time or times for any reason by giving written notice to the Buyer by E-mail sent to the Buyers E-mail address listed herein or by posting a notice on the Black Bear Farm website.

Delivery of Notices: Any notices required by this agreement must be sent in writing by E-mail Notices sent may be sent by E-mail to the E-mail addresses for the parties shown above. Should the E-mail address of either of the parties change then the notice of change of address may be sent to the other party by E-mail. Proof of delivery of E-mail notices required by this agreement is not required and notices are deemed to have been delivered when sent.

Agreements In Writing: All and any agreements made between the Buyer and the Seller must be made in writing. Amendments to this Agreement must be conveyed by E-mail and must be acknowledged or accepted by both the Seller and the Buyer by E-mail.

Failure To Complete Agreement: Buyer agrees to take possession of the puppy / dog within five days of the Completion Date stipulated by the Seller for delivery. Should the Buyer fail to do so the deposits paid by the Buyer are forfeited to the Seller and this agreement becomes null and void. If the puppy is to be shipped by Airline, then this agreement is considered completed when the puppy is accepted for shipping by the airline and thereafter the puppy becomes the sole responsibility of the Buyer. Therefore if becomes the Buyer's responsibility to make itself aware of the progress of the flight and the arrival time and the location and time for pickup. Failure to pick up the puppy within the time prescribed by the Airline may incur extra costs to be paid by the Buyer. Failure to pick up the puppy at the destination may incur legal or criminal charges against the Buyer laid by the local SPCA or other legal authorities.

Non Breeding Clause: This agreement includes a non-breeding clause detailed below, prohibiting the Buyer from allowing the puppy to breed when mature.

Vaccinations - ADDITIONAL COST TO BUYER: Buyer is aware that the puppy adopted may not have received all the required anti-viral vaccinations or all the optional vaccinations or rabies vaccinations recommended by veterinarians. Buyer understands that the puppy will usually require a series of three vaccinations before being allowed exposure to other dogs or before it is allowed visit grounds where other dogs have frequented or grounds that have been contaminated by infectious diseases injurious to dogs. The Seller will provide the puppy with its first vaccinations at the Seller's cost plus the Seller may also have provided the puppy with it's second and or third vaccinations ( DHLPPC) and possibly a rabies vaccination if warranted by the age of the puppy/dog, on or before the date the Buyer takes possession of the puppy or dog. In this case, the Buyer agrees to pay for the additional inoculations at the Seller's cost, usually about $85.00 to $95.00 plus HST per vaccination session, which is payable in cash to the Seller on the date the Buyer takes possession of the puppy. It is a condition of the puppy warrantee that the puppy be delivered with all its required vaccinations. Buyer acknowledges that a puppy / dog may have a medical reaction after receiving its vaccination. This is rare but should it occur after delivery of the puppy, its the responsibility of the Buyer to have its vet treat the puppy for such an occurrence and pay for the costs. (Information about Vaccinations here: http://www.blackbearfarm.com/dogs/caring-for-your-weim-lab.php.) Furthermore, the Buyer understands that failure to provide the puppy with the follow-up preventative medications and vaccinations as recommended, prescribed and administered by a Veterinarian may cause the puppy to become sick and die in which case the Seller's warrantee shall be considered null and void.

Parasite Control: Seller agrees to give the puppy medicines to kill parasites and worms at it's expense. It is possible that the parasite treatment will not kill all parasites and the puppy my need to be tested by the Buyer's vet for parasites (Worms, Giardia and Coccidia) soon after delivery.

Parasite Contamination: Some parasites including Worms and Giardia are transmittable to humans and excrement containing parasite larva can contaminate the soil and infect the puppy at a later date therefore puppy excrement should be removed and contained. Until the puppy has been proven to be free of parasites puppy excrement should be cleaned with soap and water and the area treated with a disinfectant solution of water and chlorine bleach diluted 1:32 (4 ounces chlorine bleach per 128 ounces water or 4 ounces per one US gallon.) The puppy's anal area should be cleaned with soap and water after each bowel moment. Normal sanitary controls should be maintained including not allowing puppies to lick faces and hands. Immediately after handling your puppy hands should be washed with soap and water. While the seller takes extraordinary measures to deliver puppies free of parasites the puppy may be delivered with parasites and the Buyer agrees to pay for the cost of vet visits to test the puppy for parasites and for the cost of further parasite medications needed to make the puppy parasite free. .

Puppy Health Limited Warranty

Seller agrees that the puppy is sold with a limited Warranty. On delivery date the puppy will appear to be in good health. The Seller is not aware of any chronic health issues other than those listed on the Sellers web site at: "http://blackbearfarm.com/dogs/medical-history.php".

Buyer understands that for the purpose of this agreement a chronic health issue is defined as a health issue that cannot be cured and that is caused by some condition that will prevent the puppy from having a normal life without pain or disability or a normal life expectancy. Seller warrants that the Seller has no knowledge of any recurring chronic health issues with the parents or the puppy other than those disclosed and warrants that if an inherited, chronic health issue is found within one year of the time the Buyer takes possession of the puppy, that was not disclosed or apparent at purchase, the Buyer will have the right to return the puppy to the Seller at the Buyer's expense. Seller agrees that the Buyer will be offered an available puppy from the next available litter under the terms below.

If the Buyer makes a claim against the Seller's Warranty, the Buyer must provide Seller with a copy of a vet's letter on request explaining the chronic health condition of the puppy before claiming the right to return the puppy. Should the Buyer have the right to demand a replacement puppy under the terms of this warranty; the Seller will do so under the following conditions. A replacement Weimaraner Lab cross puppy will be made available to the Buyer when such a puppy becomes available from Black Bear Farm. The replacement puppy offered by the Seller will be similar to the breeding stock being offered to the public at large at the time the warranty claim is made. The Buyer must pick up the puppy at the location specified by the Seller. The Buyer must travel at his expense take possession of the replacement puppy or pay for shipping the replacement puppy at its expense. The Buyer acknowledges that the Seller is under no obligation to replace the puppy with an identical puppy. The replacement puppy offered may not be the same gender, colour or colour pattern, size, age or weight and may be older than one year of age. The Seller offers that the replacement puppy will be offered under the same warranty terms as the original puppy. Buyer agrees to return the original puppy to the Seller and must do so before he is able to take possession of the replacement puppy. This Warranty does not apply to any other health condition other than a chronic health condition, howsoever caused, that is contracted or that becomes apparent in the puppy after the sale and delivery. The Seller's warrantee becomes null and void once the puppy or dog has been sold to a third party or no longer inhabits the home of the buyer or is not being cared for by the Buyer. The Buyer acknowledges that the Seller's warranty does not apply to any illness or disease caused by any illness or medical condition of any kind howsoever caused that may afflict the puppy after the Buyer takes delivery of the puppy that is not chronic in nature as defined herein.

The Buyer acknowledges that it is responsible for all and any medical expense incurred by the Buyer for the care of the puppy after delivery of the puppy to the Buyer. Buyer acknowledges that it is solely responsible for any vet or medical expenses including any expenses incurred for treating a chronic illness or condition covered by this Warranty. Buyer acknowledges that it is responsible for all the medical expenses of the puppy while the puppy is in his or her possession, including any expenses incurred for any medical treatment for any illness howsoever caused even if it can be argued that the puppy contracted or developed the illness before delivery. Buyer acknowledges that there is no agreement between the Buyer and the Seller for the Seller to reimburse the Buyer for any medical expenses or loss due illness or injury of any kind that is incurred for the puppy incurred after delivery of the puppy to the Buyer.

The Buyer acknowledges that should the pupppy have an umbilical hernia that the repair of this condition is the responsibiliy of the buyer and this condition is not considered a chronic health issue under the terms of this puppy warranty.

A further condition of the warrantee is that the puppy receive all required vaccinations as prescribed by and administered by the Seller's veterinarian, on or before delivery at additional cost to the Buyer. The Buyer should inform itself as to the amount of these additional vaccination costs to the Buyer in advance of delivery of the puppy. These additional vaccination costs to the Buyer may vary depending on the age of the puppy or dog being delivered.

Health Insurance: Buyer is strongly advised to purchase a health insurance policy for the puppy at the earliest opportunity.

Puppy Deemed ''Not Suitable For Sale' By Seller: If the health of the puppy chosen by the Buyer changes between the time the Buyer makes a deposit and the puppy delivery date, or if for any other reason that the Seller deems that the puppy is not suitable for sale due to death or accident or due to some health or genetic weakness or for any other reason, the Seller has the right to issue a notice to the Buyer by E-mail stating that the puppy is 'Not 'Suitable For Sale' and without further explanation being made. Upon doing so the Seller shall exercise his right, at his sole discretion, to offer the Buyer one following options to the Buyer explained below.

1. Upon the Seller sending a notice by E-mail to the Buyer's established E-mail address that the puppy chosen by the Buyer is deemed not suitable for sale, the Seller may provide the Buyer with the right to select a puppy from puppies offered for sale from a future litter. In this circumstance, the Buyer may chose a puppy offered from a future litter or the Buyer may elect to postpone its choice of a puppy from a litter offered for sale at some later date. The Buyer acknowledges that from time to time, the Seller may produce puppies for its own breeding program or for some other purpose other than for sale as family pets and such puppies are not available to the Buyer for selection.

2. Alternatively, the Seller may elect to terminate this agreement with the Buyer by sending a formal notice to the Buyer by E-mail that the puppy selected by the Buyer is 'Not Suitable For Sale' and the Seller will agree to refund the Buyer its deposit. Seller agrees that if this agreement is terminated for this reasons, the Buyer will receive a refund without interest being paid within ninety days from the date the Not Suitable For Sale notice has been sent to buyer.

Delivery Date Preparations: On the delivery date the Buyer should bring a small wrapping blanket, one litre of water in a bottle and a bowl for the puppy to drink from during the return trip to the Buyer's home. The Buyer should arrive with a container of wipes and liquid soap in a dispenser bottle to clean hands and exposed skin that comes in contact with puppy saliva and potential parasite larvae. Buyer understands that even though the puppy has been treated for parasites by the Seller, it is possible that the puppy will have ingested new worm larvae. Puppies should be de-wormed again and tested for parasites (Giardia and Coccidia) once taken home in accordance with a veterinarian's advice. More information here: http://blackbearfarm.com/dogs/arrival-preparations.php

Seller Bank Details For Direct Deposit

The Buyer must call the Seller in advance for his banking details to make its deposit directly to the Sellers bank. Deposits may be made directly at a branch of TD Canada Trust in Canada.

To Send Electronic Payments via E-Transfer: Buyer can make the deposit by E-Transfer using the Online Banking Services described at the INTERAC web site (http://www.interac.ca/consumers/productsandservices_ol_emt.php). This service is often called "Send Money" by Online Banking services of Canadian Chartered Banks using the INTERAC system. Optionally, a deposit can be made online using a major credit card. See: http://www.blackbearfarm.com/dogs/#paypal

Credit Card Payment: In the absence of an ability to send payments using the above facilities, payments can be made by a different online Credit Card system. You must request this option. An invoice that you can pay online can be sent to you on request.

PUPPY COMPANION - NON-BREEDING AGREEMENT (herein the Non-Breeding Agreement)

Buyer agrees with the Seller that the sale of the puppy is on the understanding that it is to become a pet and companion to the Buyer and the Buyer agrees not to breed the dog. Buyer agrees that if the dog is bred on purpose or by accident, it will constitute a violation of both this Agreement and the set fines are due and payable immediately to the Seller. The Buyer will pay the Sellers legal expenses incurred to enforce this agreement if the dog is bred.

Buyer agrees to abide by this Non Breeding Agreement with the Seller. Any Violations and / or breach of this Private Agreement will constitute an agreed amount of set fines as follows to be paid to the Seller by the Buyer.

Fines: $500.00 fine for each offspring born from the puppy purchased. If this dog is bred while this Private Agreement is in effect, ownership and physical possession of the puppy sold to the Buyer and all offspring shall immediately revert to the breeder with no compensation paid to the Buyer. Any sale of the puppies born to any third party will be considered a fraudulent sale as the Seller is the true owner of any puppies born and the Seller shall have the right to take possession of the puppies at any time. The Buyer is hereby notified that the Seller will seek a court order if necessary, to enforce these terms. Should the Buyer sell or give the puppy purchased above to any third party it is understood and agreed that this non breeding provision and remedies herein shall be transferred to the new owner or owners of the puppy and the Buyer agrees to make such terms known to the new owner or owners of the puppy or dog.

All Agreements In Writing: It is understood that there are no other agreements between the parties to this agreement or warranties or guarantees of any kind, made verbally, posted on the Seller's web site or otherwise other than in writing herein and that any new agreements or other agreements made or accepted by either Buyer or Seller must be acknowledged and accepted in writing delivered by post or by E-mail.

SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the Buyer are bound by the terms herein.

Our Mailing Address:

Brien East
P.O. Box 21049
1935 Paris Street
Sudbury Ontario P3E 6G6

Seller’s physical address: (This is not our mailing address)
Black Bear Farm
Hwy 637,
Killarney Ontario,
P0M 2A0,
brien(at)blackbearfarm.com
Please call 705-287-1095 if you have any questions.

Alternatively, the Buyer may deliver this offer by fax. 705 287 2691. Buyer agrees to confirm the fax has been sent to the Seller by telephone or by E-mail.

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