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HomeMy WebLinkAboutMid-Florida Working Dogs, LLC - 2014 04 15 .1)-FLO MID-FLORIDA WORKING DOGS, LLC Ernie Franck -'‘\ , - - 6071 SR 524 kri, Cocoa, FL 32926 �, �� Ph. (321) 961-4978 ,',, , '.,'g 7-3si Fax Fax (321) 631-1040 y`.,.. 9 .r.ti:, mfwdk9(a yahoo.com WORKING DOGS Specializing in Police, Sport and Home Protection Importing ONLY the Best! Contract of Sale/Guarantee Winter Springs Police Dept., hereinafter referred to as "Buyer", and Ernie Franck of Mid- Florida Working Dogs, hereinafter referred to as "Seller",hereby agree as follows: 1. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, one male German Shepherd dog subject to the provisions contained herein. 2. The "guarantee period", for workability only, refers to the period of time starting when the Buyer first takes possession of the dog and ending when the dog completes the school required by the Buyer, after which time there is no longer a guarantee. 3. The"guarantee period", for health only, refers to the period of time starting when the Buyer first takes possession of the dog and ending 12 months from the time the Buyer first takes possession of the dog. The guarantee covers congenital and hereditary conditions only. 4. Seller warrants that he is the sole owner of said dog and that it is free of any illness, injury or disease, including hip dysplasia and has current shots to include rabies, parvo, distemper, hepatitis, leptospirosis and influenza. 5. Seller agrees that if said dog does not pass a health examination required by a licensed veterinarian of Buyer's choice,the dog may be returned and, within 30 days from the return of said dog, a new dog of equal value will be given as a replacement. 6. Should the Buyer determine that the dog is unacceptable within the initial 30 days after the start of their required school, the Buyer will return the dog to the Seller in good physical condition and a dog of equal value will be given to the Buyer as a replacement. 7. Should the Buyer determine that the dog is unacceptable within the initial 30 days after delivery,the Buyer will return the dog to the Seller in good physical condition. 8. Buyer shall take full responsibility for the care and actions of dog while under Buyer's care. Buyer is also responsible for any vet bills incurred during the "guarantee period". 9. Should the dog become injured or contract any disease that is debilitating to the dog or death should occur to the dog from reasons other than congenital or hereditary defects during the "guarantee period",then Buyer is responsible and will pay the full contract price of the dog. 10. Seller warrants that the said dog will complete patrol and narcotic or explosive school and successfully pass certifications required by the Buyer. 11. The total price for the dog to be delivered under this contract is 935-0'99 Buyer agrees to pay this price in full within 10 days after accepting delivery of the dog. 12. All original documents including pedigree, scorebooks and health papers pertaining to the dog shall be turned over to the Buyer at time of payment. 13. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. 14. This contract constitutes the sole and only agreement of the parties hereto and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Buyer: Winter Springs Police Dept. Signed Name: Printed Name: f / 4.5 1Z-,-,,9")G Date: y�.s Seller: Ernie Franck • Signed Name: Printed Name: M I E ail Date: S-02 7 -/c DOG BILL OF SALE IN CONSIDERATION of the sum of ONE-THOUSAND, FIVE-HUNDRED DOLLARS ($1,500.00), received by the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida, 32708 ("CITY"), from MID-FLORIDA WORKING DOGS, LLC, a Florida Limited Liability Company, whose address is 6071 State Road 524, Cocoa, Florida 32926, ("BUYER"), receipt and sufficiency of which are hereby acknowledged, the CITY grants,sells,conveys and transfers the following dog(the"DOG"): Dog's Name: SATCHI Breed of Dog: BELGIAN MALINOIS Color of Dog: BLACK AND TAN APPROXIMATE AGE OF DOG AT TIME OF Sex of Dog: MALE SALE: 2-3 YEARS OLD OWNERSHIP TRANSFERS: Upon payment in full as set forth above, BUYER at his/her own cost, shall promptly take all legal actions necessary to officially transfer ownership and registration, if applicable, of the DOG to BUYER. WARRANTIES: The DOG is sold"AS IS"with no express or implied warranties or representations having been Buy I tials made by CITY to BUYER. DISCLAIMER OF LIABILITY: BUYER does hereby release and forever discharge the CITY and its officers,agents,and employees,jointly and severally from any and all actions,causes of actions,claims and demands for,upon or by reason of any damage,loss or injury,which hereafter may be caused by the DOG. This release extends and applies to,and also covers and includes,all unknown,unforeseen,unanticipated and unsuspected injuries,damages, loss and liability and the consequences thereof,as well as those now disclosed and known to exist. The provisions of any state,federal,local or territorial law or state providing substance that releases shall not extend to claims,demands,injuries,or damages which are known or unsuspected to exist at this time,to the person executing such release,are hereby expressly waived. BUYER hereby agrees on behalf of its officers,agents,employees,heirs,executors,administrators,and assigns,to indemnify the CITY and its officers,agents,and employees,joint and severally from any and all actions,causes of actions,claims and demands for,upon or by reason of any damage,loss or injury,which hereafter may be caused by the DOG. Bezitiais GOVERNING LAW: This Bill of Sale shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Services is Seminole County. If any dispute concerning this Bill of Sale arises under Federal law,the venue will be Orlando,Florida. IN WITNESS WHEREOF,CITY and BUYER have executed and delivered this Bill of Sale this /S day of ,Q p/2.4 L 2014. B YER: CITY: 01P EMIE FRANCK,MANAGER VIN S T', CITY MANAGER MID-FLORIDA WORKING DOGS, LLC CITY OF INTER SPRINGS,FL