Windy Mesa Australian Shepherds

* PUPPY CONTRACT *

Seller:    Esther A. Ivey and Chris Ivey
                P.O. Box 1216
                Bloomfield, NM 87413 
                (505)215-3287
                estabe@hotmail.com

Buyer:  Name(s):
               Kennel:
               Address (physical & mailing):

              Phone:
              Email:

Puppy: Call Name:
               DOB; body color:
               SIRE: 
               DAM:

 

TERMS OF SALE:

This puppy is sold for a full purchase price of $800.00 with Full Registration. A non-refundable deposit of $100.00 was received by the Seller from the Buyer on ____________, which is to be applied to the purchase price. The balance of the agreed sale price must be paid before or when the Buyer takes possession of the puppy, at which time all registration papers pertaining to the pup will be released to the Buyer. If the puppy is held by the Seller longer than 3 weeks after turning 8 weeks of age, the Buyer then forfeits the deposit and all rights to a pup, unless otherwise agreed upon in writing by both parties. All vaccination costs incurred after the pup turns 8 weeks of age will be the responsibility of the Buyer. The Seller has the right to return any deposit and forfeit a sale at the Seller’s discretion.

PUPPY’S REGISTERED NAME:

The puppy’s registered name must contain the kennel name Windy Mesa either at the beginning or the end of the name. The Buyer has the right to include their kennel name in the puppy’s registered name.

HEALTH GUARANTEES:

The Seller guarantees that this puppy is in good health and is free of any illness or disease at the time the Buyer assumes ownership. If a licensed veterinarian finds this pup to be suffering from serious health defects or disease within 48 hours of sale, the Seller MUST be notified immediately. If the Seller is not notified in advance of any veterinary treatment, the Seller will not be obligated to pay any veterinary expenses incurred. The dog may be returned to the Seller within 10 days of the veterinarian’s examination at the Buyer’s expense for a full purchase price refund (such action will result in the termination of this contract). This guarantee does not include illness or injury caused by the Buyer. The veterinarian’s report and the pup’s registration paperwork fully executed must accompany request for refund. The Buyer assumes full responsibility for the health, appearance and temperament of the pup until returned, and is responsible for all expenses incurred in returning the pup to the Seller.

If the pup is found with a crippling or handicapping congenital defect before turning 6 months of age, the pup may be replaced by the Seller with a pup of equal or better quality. A report by a certified veterinarian must accompany request for refund. Said replacement will be given within one year, in exchange for the dog’s registration papers fully executed and a spay/neuter certificate issued by a licensed veterinarian. The Seller has the right to request a second opinion on any genetic defect at the Seller’s discretion.

If this pup is found with a fault according to the ASCA breed standard (such as an undershot bite, overshot bite exceeding 1/8”, prick ears, hound ears, monorchidism or cyptorchidism) by 18 months of age, the pup may be replaced by the Seller with a pup of equal or better quality. A report by a certified veterinarian must accompany request for replacement. Said replacement will be given within one year, in exchange for the dog’s registration papers fully executed and a spay/neuter certificate issued by a licensed veterinarian. The Seller has the right to request a second opinion on any genetic defect at the Seller’s discretion.

If the pup is found to have hip dysplasia at no sooner than 24 months of age and no later than 30 months of age, the pup may be replaced by the Seller with a pup of equal or better quality. The x-ray must have been performed by a qualified licensed veterinarian and must be rated less than Fair by the Orthopedic Foundation for Animals (a rating of Fair or better is acceptable). Said replacement will be given within one year, in exchange for the original certificate issued by the OFA, the dog’s registration papers fully executed and a spay/neuter certificate issued by a licensed veterinarian. The Seller has the right to request a re-evaluation of the dog’s hips at the Seller’s discretion.

Any hip clearance, eye clearance, health issues or genetic problems experienced by this animal will be reported to the Seller in a timely fashion, and the Seller has permission to share this information with any of the dog’s relatives. Any titles awarded in any registry will also be shared with the Seller in a timely manner.

If this pup is bred prior to turning 2 years of age, all health guarantees listed herein will become null and void.

BREEDING AGREEMENTS:

If/When breeding, the Buyer agrees to follow the ASCA Code of Ethics (www.asca.org/codeofethics ).

The Buyer agrees not to breed this dog (accidentally or otherwise) prior to it turning 2 years of age without the Seller’s expressed written permission. In the case of a female pup, the Buyer also agrees not to breed this pup before her second heat cycle. The Seller strongly recommends that this dog’s hips be x-rayed and rated by the OFA, and eyes CERF cleared with no notations prior to breeding. The Seller also recommends that any potential mates have a minimum of their hips OFA rated and eyes CERF cleared prior to breeding.

Buyer agrees not to breed this dog to other than its own breed (accidentally or otherwise), or register any offspring as anything other than a purebred Australian Shepherd, or to sell any offspring in any pet store, retail or wholesale outlet, at auction, or to any person or firm connected with the sale or resale of dogs.

In the case of a male pup, if left intact, the Seller reserves the right to use the dog’s stud service one time free of charge. The Seller’s Stud Contract will be utilized.

In the case of a female pup, if bred, the Seller reserve the right to one pick puppy back at the Seller's discretion.

The Seller gives no guarantee as to the potency or reproductive capabilities of this dog.

Any hip clearance, eye clearance, health issues or genetic problems of any puppies produced by this animal will be reported to the Seller in a timely manner, and the Seller has permission to share this information with any of the dog’s relatives. Any other feedback on any litters produced will also be shared with the Seller.

The Buyer reserves the right to spay/neuter this dog if they so desire. The Seller's recommendation is that male pups be neutered no sooner than 1 year of age and female pups be spayed no sooner than after their first heat cycle, to allow time for proper growth and development of the dog.

RESALE/REHOMING:

If the Buyer at any time cannot keep the dog for any reason, the Seller will be given the first option to repurchase the animal at the original sale price or less as agreed upon by the Buyer and Seller. If the Seller does not use its first right of refusal, the Buyer may then sell the pup to another party. This animal will under no circumstances be taken to an animal shelter or sold at auction, nor will it be put to death without the Seller’s expressed written consent.

PENALTIES/BREACH OF CONTRACT:

Any breach of terms as set forth in this agreement will result in a fine of $500 per infraction or repossession of the animal at the Seller's discretion, plus any and all damages that may be awarded by a Court of Law. If either party is forced to take legal action, suit will be brought in the state and county of the Seller’s residence.

REPOSSESSION:

If at any time the Seller finds that this animal is being mistreated, abused or neglected, the Seller has the right to repossess the animal and owe/refund no monies to the Buyer.

If the Seller repossesses this animal for any reasons stated in this contract, the Seller will not be obligated to reimburse the Buyer for the purchase price or any monies spent on the animal while in the Buyer’s possession. All registration paperwork fully executed must accompany the animal at the time of repossession.

If the animal has suffered any physical or emotional damage due to mistreatment, abuse or neglect, the Buyer will be responsible for any and all expenses incurred to retrieve the dog, care for and heal it. Any and all court costs incurred by the Seller in collecting reimbursement for these expenses shall be borne by the Buyer.

LEGAL ACTION:

If either party is forced to take legal action, suit will be brought in the state and county of the Seller's residence. Any and all court costs incurred will be the responsibility of the party found to be in default.

By signature below, all parties named herein agree to and are bound by the terms as set forth above.

Agreed this date: _________________________________

Sellers:    Esther A. Ivey (signature) _______________________________________

                 Chris Ivey (signature) _______________________________________

Buyer(s): (print) __________________________ (signature) __________________________________

                 (print) __________________________ (signature) __________________________________

                 (print) __________________________ (signature) __________________________________

Date ownership was transferred: _________________________________

 


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Updated 11/21/14

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