Windy Mesa Australian Shepherds

* 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): ______________________________________________________________________
Kennel (if applicable): ______________________________________________________________
Address(es): physical:                                           mailing:
______________________________________   ____________________________________________
______________________________________   ____________________________________________
Phone: home: _______________________________ cell: ________________________________
Email: ________________________________________

Puppy's Name: ________________________________________________     COI: __________
Date of Birth: ___________________     Sex: male / female     Tail: docked / naturally bobbed
Color: black / red / blue merle / red merle     Trim: white / white & copper / copper / none
Eye Color: left: _____________________________ right: ________________________________

Sale Price: ___ $800.00 with full registration
                   ___ $650.00 with limited registration

Sire's Registered Name: _____________________________________________________
Call Name: ______________________________     COI: __________________
Registration: _____________________________________ #__________________________
Other Registration: _______________________________ #__________________________
DOB: ____________ Height: ___________ Weight: ___________ Tail: docked / naturally bobbed
Color: black / red / blue merle / red merle     Trim: white / white & copper / copper / none
Eye Color: left: ____________________________  right: ______________________________
OFA Hips Rating: ______________________  OFA Hips #: ___________________________
CERF Rating: ________________  Date: ______________  CERF #:___________________
MDR1 Results: normal-normal / mutant-normal / mutant-mutant
Most Recent Brucellosis Test: _______________

Dam's Registered Name: _____________________________________________________
Call Name: ______________________________     COI: __________________
Registration: _____________________________________ #__________________________
Other Registration: _______________________________ #__________________________
DOB: ____________ Height: ___________ Weight: ___________ Tail:
docked / naturally bobbed
Color: black / red / blue merle / red merle     Trim: white / white & copper / copper / none
Eye Color: left: ____________________________  right: ______________________________
OFA Hips Rating: ______________________  OFA Hips #: ___________________________
CERF Rating: ________________  Date: ______________  CERF #: ___________________
MDR1 Results:
normal-normal / mutant-normal / mutant-mutant
Most Recent Brucellosis Test: _______________ 


TERMS & CONDITIONS OF AGREEMENT

____ This puppy is sold with Full Registration. A deposit of $100 will be required to hold the puppy of the Buyer's choice. The balance of the agreed sale price must be paid in cash 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 after the puppy turns 12 weeks of age, 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 $100 will be given from the Seller to the Buyer. 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 the Seller.
____ This puppy is sold with Limited Registration and must be spayed/neutered. A deposit of $100 will be required to hold the puppy of the Buyer's choice. 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 after the puppy turns 12 weeks of age, 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. Failure to spay/neuter this animal will be grounds for breach of this contract and will result in the ownership of the animal reverting immediately to the Seller. Any accidental or unauthorized breeding(s) will result in a fine of $500, 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.

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 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 or replacement will be given within one year, in exchange for the dog's registration papers and a spay/neuter certificate by a licensed veterinarian. The Seller has the right to request a second opinion on any genetic defect at the Seller's discretion.

If a pup sold with Full Registration 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 half of the purchase price. A report by a certified veterinarian must accompany request for refund, or replacement will be given within one year, in exchange for the dog’s registration papers and a spay/neuter certificate by a licensed veterinarian. The Seller has the right to request a second opinion on any fault at the Seller’s discretion.

If the animal is found to have hip dysplasia at no sooner than 24 months of age and no later than 32 months of age, the dog will be replaced by the Seller with a pup or dog 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 for breeding quality animals). Replacement will be given within one year, in exchange for the said dog's registration papers and a spay/neuter certificate from a licensed veterinarian.

Any hip clearance, eye clearance, health issues or genetic problems either experienced by this pup and/or produced by this pup will be reported to the Seller in a timely fashion, and the Seller has permission to share this information with any of the pup's littermates and/or close relatives. Any titles awarded in any registry and feedback on any litters produced will also be shared with the Seller.

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

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 sell the pup to another party. This animal will under no circumstances be taken to an animal shelter.

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. 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 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 above.

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 12/26/08

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