The Seller agrees to sell, and hereby does sell, and Buyer agrees to buy, and hereby does buy the Dog described below and both parties do hereby agree to the price, terms, and conditions as set forth below.
This agreement is made on the ______ day of _____________, 20__ by and between Nancy S. Garcia dba Riatta Australian Shepherds, hereinafter referred to as "Seller", and__________________________________________________, hereinafter referred to as "Buyer", residing at _______________________________________________________________________
________________________________________________________________________
Telephone _________________________________________, for the purpose of setting forth the terms and conditions of the purchase by Buyer of the purebred Australian Shepherd descried below, hereinafter referred to as "Dog".
| Name of Dog: ______________________________ | Color: ______________________________ |
| Eyes: (R) ___________________________ | Eyes: (L) ___________________________ |
| DOB: ______________________ | Tail: _____________________ |
| ASCA#: ____________________ | AKC#: _____________________ |
| Sire: _____________________ | Dam: ______________________ |
| Sire's AKC#: _____________________ | Dam's AKC#: _____________________ |
| Sire's ASCA#:_____________________ | Dam's ASCA#:________________ |
Above Dog is being purchased _________for competition __________ for breeding _______ as a pet
For good and valuable consideration, Breeder agrees to Sell and Buyer agrees to Buy Dog described above, subject to the following:
1. Buyer agrees that he/she is not acting as an agent in the purchase of Dog and that Buyer will not sell Dog or its progeny to any agent, pet store, guard dog business, or research facility.
2. This dog is being sold as a pet ___/ companion___/ for breeding ___.
3. Any dog purchased as a pet must be spayed/neutered before six months of age. Buyer will receive a refund of $50 when Breeder receives proof of spay/neuter from veterinarian performing procedure.
4. Buyer agrees to have Dog examined by a licensed veterinarian within 3 days (72 hours) of receipt of dog. Dates of immunizations and dewormings are attached. If, as a result of examination, the veterinarian determines that Dog is not in good health, then Buyer may elect to keep Dog or to return Dog to Breeder for a refund. If Buyer elects to keep Dog, any veterinary expenses to bring Dog to good health will be Buyer's. If Buyer elects to return Dog, Buyer must immediately contact Breeder. Buyer must supply to Breeder a written statement signed by the examining veterinarian saying that Dog was in ill health when examined and a detailed statement of such findings. Upon receipt of such statement by Breeder, Buyer shall return Dog to Breeder at Buyer's expense. Upon receipt of Dog from Buyer, Breeder shall refund to Buyer all monies received from Buyer toward purchase price of Dog. Further performance under this contract shall then be null and void. All action taken to return Dog shall be done with the best interest of Dog in mind including ground temperatures at the time of shipment and arrival, non-stop flights, etc.
5. At the time of delivery of Dog to Buyer, or Buyer's designated agent (airline included as agent), Breeder agrees to supply copies of:
6. Buyer agrees that Dog will reside at the home of Buyer and will not be used as a guard dog for any business.
- 1) a schedule of vaccinations given and due
- 2) registration papers*,(*Registration papers for pet puppies will be held until Breeder receives proof of spay/neuter. See Terms of Sale.) and
- 3) Dog's pedigree
7. This dog's registered name, as it appears in this contract, will remain the same and shall not have anything added to or deleted from it.
8. BUYER MAY RETURN DOG TO BREEDER IF DOG DOES NOT FULFILL BUYER'S EXPECTATIONS. Dog should be returned in the same physical and mental condition as it left in order for Buyer to receive any refund or replacement. Any puppy/dog returned with physical injuries, bad habits, and/or aggressive or submissive behavior will be evaluated by Breeder and placed by Breeder in an appropriate and suitable environment. Breeder will do everything possible to refund Buyer up to the full amount of purchase price minus Breeder's expenses to place Dog in a new home.
9. If/when returning dog, Buyer must supply Breeder with registration papers (ASCA and AKC) as well as health records.
10. Breeder retains first right of refusal should Buyer want/need to sell or otherwise dispose of Dog. Buyer will notify Breeder before taking such action so Dog may, at Breeder's option, be repurchased by Breeder at a price up to but not to exceed the original purchase price. Upon notification, Breeder shall have fifteen (15) working days to exercise said re-purchase option.
11. All guarantees are made to original Buyer and are not transferable. If Dog is resold or given away, buying party will be held to the terms of this agreement.
12. Breeder warrants that the above described dog is a purebred Australian Shepherd which is/can be registered with ASCA and AKC, and that registration papers*, together with a true copy of its pedigree, will be provided to Buyer as of the date of the completed purchase.
13. All dogs will be registered in co-ownership with Breeder until such time as hip and eye evaluations have been done and certifications have been received, or until dog has been spayed/neutered and proof by notification from veterinarian has been provided to Breeder.
14. Breeder warrants that Dog sold hereunder is progeny of animals (1) whose eyes have been examined by an ACVO Diplomate and found to be clear of any congenital eye anomalies and (2) whose hips have been x-rayed and certified by OFA and/or PennHip to be clear of hip dysplasia.
15. Buyer agrees, if Dog is of breeding quality, that at the age of (2) years, Dog's hips will be x-rayed and certified by OFA and/or PennHip. Copy of the certification will be sent to Breeder for Breeder's records.
16. Buyer agrees, if Dog is of breeding quality, that Dog's eyes will receive an annual CERF examination by an ACVO Diplomate. Copy of the report of eye examination will be sent to Breeder for Breeder's records.
17. Buyer agrees that Dog will not be used for breeding purposes until its hips have been x-rayed and certified clear of hip dysplasia by the OFA and/or PennHip, eyes certified annually to be clear of all congenital eye anomalies by an ACVO Diplomate, and not before two years of age.
Any dog considered for breeding purposes must be of sound temperament, in good health, and free of communicable disease, hereditary faults, and/or show disqualifying faults as expressed by the official Breed Standard of the Australian Shepherd Club of America.
Dog must pass annual CERF examination and OFA and/or PennHip certification before being used for any breeding purposes. This is a "must" as a protection not only to Buyer and Buyer's breeding program, but to the future of the Australian Shepherd as one of the few breeds that is still mentally and physically sound.
18. In preservation of breed's versatility, dog should have earned and received at least two competition titles before being used for any breeding purposes. Titles may be from conformation, obedience, herding, agility, and/or tracking competition.
19. If Dog is used for breeding purposes, it is expected that Buyer will follow the Code of Ethics of the Australian Shepherd Club of America in every way. Under no circumstances should any puppies be wholesaled, auctioned, sold by the side of the road, or sold to pet stores, guard dog businesses, or research laboratories.
20. The risk of loss or injury of Dog shall be on Buyer at all times after Breeder delivers Dog to Buyer or to Buyer's designated agent (airline included as agent).
21. Buyer will supply Dog with:
- Proper nutritional feeding and fresh water,
- Annual vaccinations (including but not limited to Parvo, Distemper, and Rabies)
- Internal and external parasite preventative and/or treatment
- Heartworm Preventative
- Proper training and socialization
- Appropriate grooming
- Adequate shelter,
- Access to a fenced yard,
- Sufficient exercise (not through use of a tie-down or trolley) that is either supervised or in a fenced yard,
- Proper and necessary veterinary care.
22. Buyer will provide Dog with obedience training sufficient to obtain a Canine Good Citizen award. It is expected that Dog will be tested and receive CGC award. Upon being presented with proof of receiving CGC, Breeder will reimburse Buyer twenty five dollars ($20.00). Canine Good Citizen award may not be used as a title needed prior to breeding.
23. Seller retains Breeding rights of no more than ______ breedings per _____________ if said Dog is a Dog. If Buyer sells Dog, stud rights are still reserved to Seller as specified above.
Terms: A refundable deposit of $100 prior to litter whelping will hold a place on the waiting list. A further non-refundable payment of one-half (1/2) the purchase price will hold a specific dog. Purchase price is due and payable in full upon delivery.
If payments are not made by dates due, Agreement shall be cancelled and Buyer will forfeit all monies given hereunder
A $25.00 service charge will be added to any and all returned checks. Any and all returned checks must be made good in cash. Any further payments will have to be made in cash. Dog will not be delivered until full payment is received. Final payment must be made in cash, cashiers check, or money order. Purchase will be considered complete when full and/or final payment has been made. If delivery is requested by Buyer, it shall be by airfreight, C.O.D. to a designated location. Buyer is solely responsible for costs of crate, insurance during shipping, and cost of freight charges. If Breeder has to purchase crate prior to shipping, Buyer shall reimburse Breeder in full for the cost prior to shipment.
All breeding quality dogs will be registered in co-ownership with Breeder until such time as hip and eye evaluations have been done and certifications received and titles have been received, or until dog has been spayed/neutered and proof thereof presented to Breeder. All pet dogs will remain registered to Breeder until such time as spay/neuter commitment has been fulfilled and proof by notification from veterinarian has been provided to Breeder.
The above described Dog is guaranteed to be in good health, free of communicable diseases and to be of sound body and temperament at the time of delivery, to the best knowledge of Breeder.
All dogs whether purchased as pets or for competition and/or breeding are guaranteed to be free of:
To honor this guarantee Dog must not have been bred. All guarantees become null and void once Dog has been used for breeding purposes. If any of the above problems occur, Breeder insists on being notified immediately.
Hip Dysplasia must be identified by x-ray examination with evaluation by the OFA. Buyer must provide a copy of the OFA evaluation to Breeder. Any injuries that might effect hip evaluation must be reported to Breeder.
Congenital eye defects must be diagnosed by an ACVO Diplomate. Buyer must provide a copy of the evaluation to Breeder.
Breeder must make final evaluation of teeth and/or bite.
Breeder must verify any other fault which disqualifies Dog from the conformation ring.
After the above conditions have been met, Buyer may elect to
If Buyer chooses to return Dog, Buyer and Breeder shall make prompt arrangements for return of Dog to Breeder within ten (10) days of receipt of certified letter with copies of evaluations. Buyer shall be solely responsible for taking good and reasonable care of Dog until Dog is received by Breeder. Costs and related expenses of returning Dog to Breeder shall be Buyer's sole obligation.
This Agreement is made and signed by both parties to insure the well being and protection of this Dog. If any part of this Agreement is breached by Buyer, Breeder is released from any and all obligations under this Agreement.