SHOW BREED CONTRACT
UNBELIEVABLE AUSSIES SHOW/BREEDING SALES
CONTRACT
THIS SALES CONTRACT( hereinafter "Contract") is effective when signed below by BOTH Seller (hereinafter referred to as "Seller" whether singular and plural ) and Buyer
( herein after referred to as "Buyer" whether singular or plural). The following terms and conditions are agreed to between Seller and Buyer:
1.) Seller hereby guarantees Show/Breed pups 24 Month Guaranties (age of pup 1 day to 24 months of age) as
follows:A. Hip dysplasia - OFA or Penn Hip, that the pup is clear of hip dysplasia. The pup must be OFA'd before breeding, after the age of Two years. If Buyer breeds before the dog is Two years of age. The contract is void and all guarantees are relinquished. Dog will be seized. If dog is bred before two years of age Seller MAY take legal action against the Buyer. And the penalty for breeding a bitch before the age of Two years or stud before18 months and/or before hips are clear of Hip Displasia WILL result in a fine of $1500.00
B. Hereditary eye defects - such as cataracts, coloboma, or collie eye anomoly. Buyer must have eyes checked by a certified Ophthalmologist within one year of breeding the dog. The eyes must be checked by a certified Ophthalmologist once each year until the pup is spayed/or neutered.
C. If pup is sold on co-own to seller. This means that Buyer and seller will both be legal owners of said pup. The Co-owned pup will be relinquished to sole ownership to the Buyer WHEN the pup has received the Australian Shepherd Club of America record of Championship certificate or AKC, UKC Championship OR when the pup is over the age of four years and has been OFA'd and clear of Hip Dysplasia, which ever comes first. IF the pup is four years of age and at least 2/3 of the way to it's Championship the pup will remain co-owned until the pup has finished the Championship. The pup must be shown at least six (6) times between the ages of six months and 2 years of age at an Australian Shepherd Club of America Club sanctioned show, AKC or UKC sanctioned show.
2.) If any of these listed guarantees above for Breed/Show quality occur, and not the proximate cause of any injury within the guaranteed period, and a certified veterinarian setting in forth detail of the health issue, you will have one of these options:
a.) You, the Buyer may keep the dog and said pup must be spayed/neutered at Buyer's expense and a copy of spay/neuter certificate be sent to Seller. Seller will apply one half of the purchase price to another puppy/dog of Show/Breed quality. OR
b.) You, the Buyer may return the pup to Seller with original registration papers signed over to Seller, in return for another puppy/dog chosen by Seller and agreed by Buyer, of same or greater value within one year. Seller will spay or neuter original pup and will have the discretion to issue the registration papers on to the new owners.
If a replacement pup is shipped, Buyer is liable for the expense under the other costs disclosure.
AT NO TIME WILL THERE BE A CASH REFUND
3.) The pup is guaranteed to be healthy upon release to Buyer. Vet certification is required for any pup becoming ill within 48 hours after delivery or pick up if you feel your pup picked up a communicable disease prior to leaving our premises.
4.) WE RESERVE THE RIGHT to reclaim the pup named in this contract at any time for any of the following reasons:
a.) Poor care of the pup/dog's physical health and/ or
b.) improper fencing/chaining the dog to any object and/or physical brutality to the dog and/or
c.) It is realized the offspring of this dog are being sold in a retail store, puppy mill, or auction.
If it should become necessary to reclaim the pup for any reasons there will be no compensation to the Buyer and all registration papers and rights of ownership will be released by the Buyer to the Seller.
These puppies are being sold to live in the house with their families not in barns or kennels. If found to be living in barn or outside kennel dog/puppy will be seized.
5.) First Right of Refusal: No pup may be resold by a Buyer to another party without first giving the Seller written first right of refusal; This will be done in the following manner: Buyer sends letter (return receipt) notifying seller he/she intends to return animal and reason for return. The seller will send a letter of acceptance or refusal (return receipt) to buyer. Seller will have 30 days to deliver re-purchase price to Buyer. Purchase price shall be set as per the pup's status and worth in the market at that time if he pup has titles. If the pup has no titles and is of Show/Breed Quality the purchase price will be returned. Failure to offer Seller first right of refusal will void all guarantees to Buyer and will result in a lawsuit and $1500.00 fine. Buyer understands that guarantees do NOT transfer to any other party. All care will be taken by Buyer to ensure the pup's good health conditions prior to delivery to Seller, and the pup will be returned to Seller in a timely fashion. All costs of return are the Buyer's responsibility.
6.) If for any reason the dog must be given up, it will be returned to the Seller, or the new home must be approved by Seller. At no time should this pup be given to an animal shelter.
7.) Other costs: Buyer agrees to pay a $25.00 puppy vet check plus any flight expenses if this pup is shipped via air. A crate furnished by Seller shall be reimbursed by Buyer at an agreed upon cost prior to shipping or returned via mail.
8.) Buyer agrees to notify Seller of any health or temperament problems that develop in this puppy/dog during it's life whether it pertains to the guarantees or not (i.e.. cancer, viciousness, etc.) Buyer also agrees that in the event this animal is killed or dies while in Buyer's possession, Seller must receive certified written notice by a licensed veterinarian, identifying the animal as being one and the same listed here, within 10 days of occurrence.
9.) Kennel Name: The pup's name must start with Unbelievable. No other kennel name may be used in naming this pup unless written permission is given by Seller. Breach of this will void all guarantees and possibly result in a lawsuit. Buyer will notify Seller of the pup's registered name prior to Seller forwarding the registration papers. Buyer has 60 days after picking up puppy to name pup. Buyer then must send a copy of registration papers to Seller within 30 days of registration. Buyer is to register pup through ASCA first and wait for ASCA to approve the name before sending on to AKC. This is to help assure that ASCA and AKC will have the same name for the pup. ( ASCA does not allow registered kennel names on the beginning or ending of a name that is not given permission to do so, therefore they will send it back to you unregistered and then you must pick a new name. If this happens contact Seller to help advise.)
9.) Legal Action: If either Buyer or Seller takes any legal action to enforce any part of this Guarantee, action shall be initiated in the county of Seller's residence and any legal fees and court costs shall be the responsibility of the party found at default.
11.) Registration Papers: will be furnished to the puppy Buyer upon clearance of all funds due and payable to Seller. Failure to register pup within 60 days of receiving registration papers will result in forfeiture by Buyer of any guarantees. A $25.00 charge will be due to Seller for any insufficient check.
12.) Picking pup: Seller shall furnish all contractees with pictures of the litter no later than 3 weeks of age and a video no later than 6.5 weeks of age. Buyer shall make Buyer's pick no later than 8 weeks of age. pups may be picked up after turning 10 weeks of age and no later than 14 weeks of age unless special arrangements have been made. Pups shipped via air will not be shipped until 14 weeks of age. Seller states that all pups will have had required boosters and have been timely wormed and will come with puppy packets and starter dog food.
13.)Spay/ Neuter All Pet/Companion pups MUST be spayed or neutered by18 months of age, at Buyer's expense. Buyer must send copies of a veterinarian signed certificate of spay/neuter to Seller within 30 days of procedure. Failure in doing so will result in legal action being taken and seizure of the dog/puppy.
14.) Incentives: To induce and reward Buyer for showing pup, Seller will reward Buyer a one-time $100.00 rebate for the first earned CH, CDX, OTDsc, ATDd or open agility title in ASCA/AKC. (clarification: Rewards are not given for each, only the first one of all those listed earned.) Proof of title shall be furnished to Seller, and Seller will rebate within 30 days of receiving such proof.
15.) DNA Testing Seller has the right to collect DNA samples from said pup at any time. Samples of DNA can be sent to any person Seller feels suitable. Seller will pay for the cost of collecting DNA samples. Buyer is responsible for getting the pup to Seller's choice of veterinarian within a reasonable distance from Buyer's home, Buyer has 2 weeks to bring pup in to veterinarian from the time contacted by Buyer .
16.) Buyer agrees to enroll in the following: Puppy class, basic obedience, Intermediate obedience. All three classes must be completed within 16 months of date of sale (agility and or herding classes may substitute for intermediate obedience). A copy of class certificate must be sent to seller. Failure to complete training will be considered a breach of contract and seller will SEIZE the puppy/dog. No compensation will be given to buyer. All AKC, ASCA,UKC, papers will be transferred to seller.
17.) In the event Buyer fails to follow any part of this Sales Contract it will be considered breach, and no guarantees will be given. Seller has the right to legally seize the puppy/dog and place it in a more suitable surroundings. Refund will be forfeit in such a case, and possible suit for damages may occur, depending upon circumstances.
17.) Buyer has been provided with the following in addition to the puppy/dog:
* Copy of Sales Contract, AKC registration paper, ASCA registration paper, Health record/schedule for puppy, Puppy CERF results, Copies of OFA or Penn Hip and CERF certificates of parents, Puppy food
