Windy Mesa Australian Shepherds

* SAMPLE PUPPY CONTRACT *

Sellers:   Chris and Esther Ivey
                Windy Mesa Australian Shepherds
                P.O. Box 1216
                Bloomfield, NM 87413
                home & fax: (505)333-2662     cell: (505)215-3287
                estabe@hotmail.com

Buyer(s):

 

 

 

Puppy: ________________________________________________
Sex: _______________     Date of Birth:  _______________     Tail:  _______________
Color: ________________________________________________


Sire:
_____________________________________________________
Date of Birth: _______________       Tail:  _______________
Color: ________________________________________________
Registration: ASCA #__________________________
                      AKC  #___________________________
OFA Hips Rating: ______________________  OFA Hips #: ___________________________
CERF Rating: ________________  Date: ______________  CERF #:___________________

Dam: _____________________________________________________
Date of Birth:
 _______________       Tail:  _______________
Color: ________________________________________________
Registration: ASCA #__________________________
                      AKC  #___________________________
OFA Hips Rating: ______________________  OFA Hips #: ___________________________
CERF Rating: ________________  Date: ______________  CERF #:___________________   


Sale Price:
$__________ 


TERMS OF SALE:

___ This puppy is sold with Full Registration. A deposit of $100 was received by the Seller from the Buyer on ____________. The balance of the agreed sale price must be paid in cash 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 4 weeks after the deposit was received, the Buyer then forfeits the deposit and all rights to a pup, unless otherwise agreed upon in writing by both parties. The Seller has the right to return any deposit and forfeit a sale at the Seller’s discretion. If the Buyer has the pup spayed/neutered before turning 10 months of age, a copy of the spay/neuter certificate from a licensed veterinarian must be provided to the Seller, at which time a refund of $50 will be given from the Seller to the Buyer. This refund does not apply if the puppy has been diagnosed with a congenital defect before turning six months old or hip dysplasia. If the puppy is bred before 10 months of age, the offer for this refund then becomes null and void. 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 to any female owned by or leased to the Seller.
___ This puppy is sold with Limited Registration and must be spayed/neutered. A deposit of $100 was received by the Seller from the Buyer on ____________. The balance of the agreed sale price must be paid in cash when the Buyer takes possession of the puppy. If the puppy is held by the Seller longer than 4 weeks after the deposit was received, the Buyer then forfeits the deposit and all rights to a pup, unless otherwise agreed upon in writing by both parties. The Seller has the right to return any deposit and forfeit a sale at the Seller’s discretion. This pup must be spayed/neutered before 10 months of age. The Buyer must provide the Seller with a spay/neuter certificate from a licensed veterinarian, at which time a refund of $50 will be given from the Seller to the Buyer, and any registration papers pertaining to this pup will be released to the Buyer. This refund does not apply if the puppy has been diagnosed with a congenital defect before turning six months old. Failure to spay/neuter this animal will result in the ownership of the animal reverting immediately to the Seller. The Seller will not be obligated to reimburse the Buyer for the purchase price or any money spent on the animal while in the Buyer’s possession. All registration paperwork fully executed must accompany the animal at the time of repossession. Any accidental or unauthorized breeding will result in a fine of $500 for each infraction, payable to the Seller via Cashier’s Check. Any and all court costs incurred by the Seller in collecting said fine shall be borne by the Buyer.

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.

If the pup is found with a crippling or handicapping congenital defect before turning six months old, the pup will either be replaced by the Seller with a pup of equal or better quality, or the Seller will refund half of the purchase price. A report by a certified veterinarian must accompany request for refund. Said refund will be issued or 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 sold with Full Registration and 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, cyptorchidism or a non-typical coat) by 18 months of age, the pup will either be replaced by the Seller with a pup of equal or better quality, or the Seller will refund one quarter of the purchase price. A report by a certified veterinarian must accompany request for refund. Said refund will be issued or 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 32 months of age, the pup will either be replaced by the Seller with a pup of equal or better quality, or the Seller will refund one quarter of the purchase price. 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 refund will be issued or 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.

OWNERSHIP RESPONSIBILITIES:

The Buyer agrees to keep this animal in a safe and humane environment at all times.

The Buyer agrees to keep this animal curren on shots and well care as prescribed by a certified veterinarian.

Any hip clearance, eye clearance, health issues or genetic problems experienced by and/or produced 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 accomplishments or titles awarded in any registry and feedback on any litters produced by this dog will be shared with the Seller in a timely fashion.

REGISTRATION:

The Seller certifies that this dog is eligible for registration with the American Kennel Club (AKC) and Australian Shepherd Club of America (ASCA) as a purebred Australian Shepherd.

The puppy’s registered name must contain the kennel name Windy Mesa either at the beginning or the end of the name.

This dog may not be registered as a Miniature Australian Shepherd, Toy Australian Shepherd or North American Australian Shepherd.

FIRST RIGHT OF REFUSAL:

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 sales 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.

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 money to the Buyer.

If this animal is found to be registered as a Miniature Australian Shepherd, Toy Australian Shepherd or North American Australian Shepherd, the ownership of the animal will revert immediately to the Seller.

The Seller will not be obligated to reimburse the Buyer for the purchase price or any money 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.  

 

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

Agreed this date: _________________________________

Sellers:     Chris Ivey     (signature) _______________________________________

                  Esther Ivey   (signature) _______________________________________

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

                (print) __________________________ (signature) __________________________________

                (print) __________________________ (signature) __________________________________

Date ownership was transferred: _________________________________


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Updated 1/5/10

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