salecontract

AGREEMENT OF SALE

I/We............................................................................................................
(Name of Purchaser/ in full; use BLOCK LETTERS)

Hereby certify and agree that
On (date)......................................................

I/We purchased/ or otherwise acquired the dog
....................................................................................................................

..........................................................................................(Registered name and number and microchip number of dog)

Breed..........................................................................................................

Sex............................................................

From...........................................................................................................

Name/s in full of person/s selling or otherwise disposing of the dog; hereinafter referred to as the seller on the clear understanding that:
1.DECLARATION BY THE SELLER FOR MAIN REGISTRATION:
The dog is registered on the Main Register and as such is able to be bred and/or exhibited. The seller warrants the dog has been inspected by a veterinary surgeon; a copy of the veterinary inspection certificate and a certificate stating that the dog has been temporarily/permanently vaccinated or titre tested.
The seller confirms that the Code of Practice for Hereditary Diseases has been complied with by the seller and that all reasonable steps have been taken to ensure the dog is healthy as required by Code of Practice.1.3The seller confirms that the requirements of Code of Practice for the keeping, welfare, breeding and disposal of dogs has been observed and complied with in the sale or other disposal of the said dog.
DECLARATION BY THE PURCHASER (Referred to as the Purchaser)2.1
The purchaser agrees that if the dog is registered on the Limited Register, it will not be bred from or exported.

The purchaser hereby agrees that within 72 hours of the collection of the dog the purchaser will take the dog to a veterinary surgeon to confirm that the dog is in good health. In the event the purchaser does not take the dog within 72 hours to a veterinary surgeon as agreed herein then the purchaser acknowledges and agrees that it is in good health at the time of purchase.

CONDITIONS OF SALE:

PLEASE READ CAREFULLY AND SIGN AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO ALL THE TERMS.

1. Full price (adoption fee) of the dog will be paid to the seller prior to the dog being freighted to the purchaser. If collected from the seller at a designated place, the balance must be paid on the day in cash only.

2. A minimum of five hundred dollars deposit to secure the sale of the said puppy must be paid as soon as agreed by the breeder and buyer. This is a non-refundable deposit, should the buyer have a change of heart. It will be refunded if the puppy fails health test.

3. The price of the dog includes a veterinarian check up with confirmation of good health. A well-bred pedigree puppy, properly raised inside my home, my expertise as a registered breeder of long standing, my thorough understanding of the breed, needs, characteristics, and raising. My understanding of genetics. My expertise in raising puppies from birth, either with their dam or not. You will be fully informed of my knowledge and supplied in writing how to continue raising your puppy in the correct manner. You will receive a puppy bag with needed and assorted items for the puppy. An airline approved crate will be supplied for Interstate freight and the cost of crate deducted from freight cost, saving you approximately $100 (pending availability). Price includes microchipping, vaccination, Health Certificate, worming, flea and other parasite treatment. Email support and free consultations based on my experience and Certificate in Animal Care plus Orthomolecular Medicine, for the term of the dog's life.

4. The purchaser is required to continue with vaccinations, worming and general veterinarian needs for the remainder of the dog’s natural life. Breeder will advise which vaccinations are suitable for the breed, prior to vaccination by the buyer.

5. The seller is not responsible for any incidence that may or may not occur once the dog is in the hands of the shipping company. And or once the dog is handed to the purchaser post sale. I use an experienced and highly professional company for air travel, which I have used for many years without incident. The utmost care is taken for their precious cargo “puppy”.

6. The purchaser is required to contact the seller once the dog arrives and advise the seller that he/she has obtained the dog.

PRIOR to taking the dog/pup to any vet for any reason, the owner must contact the breeder first and foremost to be advised what is the best treatment. If it is a life threatening emergency, and breeder can't be contacted, buyer has the right to seek veterinarian treatment, BUT, must at some point soon after contact the breeder.

GUARANTEE:

Where a dog is returned within 3 days of sale, for any reason not supported by a statement from a Vet, the member must take back the dog and refund 75% of the purchase price.

Where a dog is returned within 21 days of sale accompanied by a statement from a Vet that the dog is unacceptable for health reasons, the member must take back the dog and refund 100% of the purchase price, provided there is veterinary proof that the dog was suffering from the conditions traceable back to the point of sale.

If a dog is diagnosed with, suffering from, dies of, or is euthanised from a physical defect or disease that is directly traceable to the point of sale within 3 years of purchase, the member must, subject to a second veterinary opinion, refund 100% of the purchase price where the dog’s owner provides supporting statements from a Vet, including test results where a suitable test is available.

Vet reports and test results must be made available by the owner to the breeder for the breeder to obtain their own veterinary advice (second opinion), and for the purpose of informing future breeding management.

The Breeder does not assume any liability for any injury sustained by the puppy after delivery is completed and the Buyer agrees to make no claim on the Breeder for any injury sustained by the puppy after delivery.

The Breeder does not assume any liability for any loss of the puppy after delivery and the Buyer agrees to make no claim on the Breeder in relation to any loss of the puppy.

The Breeder does not assume any liability for any veterinarians’ accounts incurred in relation to the puppy.

The breeder does not assume any liability for health or genetic conditions which are beyond the breeder’s control or cannot be traced back to the point of sale by two qualified veterinarian.

The Buyer warrants that they will report any defects, illness or any other concerns in relation to the puppy at any time during the lifetime of the puppy to the Breeder. The purpose of this clause is to enable the Breeder to keep accurate records in relation to the health of the dogs bred by the Breeder. Notwithstanding this requirement, the Buyer is deemed to have accepted the puppy and waived any claim against the Breeder in the respect of any defect, illness or concerns that is not reported to the Breeder within the time periods stipulated in this contract.

As registered breeders, we aim to breed healthy, predictable dogs, with the best chances of leading long healthy lives. Sometimes things show up that are unexpected, these may be conditions that have an environmental factor, or are idiopathic.

Care of the Puppy

The Buyer agrees to take care of the puppy in accordance with any instructions given by the Breeder and in accordance with good management

Exclusion of Implied Terms or Warranties implied by Statute

The parties hereby agrees that the Breeder does not warrant that the puppy is fit for any particular purpose and the Breeder makes no warranty in relation to the suitability of the puppy for any purpose nor any warranty as to the success of the puppy at show whelping and or stud either now or in the future.

SECONDARY CONDITIONS
Every physical precaution, in the manner of selection of breeding dogs, has been exercised by the breeder of the purchased dog; to maximise a long and healthy life in the resulting progeny of the planned breeding. However, the breeder cannot be held responsible for any hereditary defect that may develop with the progression of age.

Note: Any hernias, either umbilical or inguinal at the time of sale or developing thereafter, are not the responsibility of the breeder/seller. If the hernia is apparent the seller will advise the purchaser before the sale and make a reasonable deduction on price of the sale to assist in medical repairs which can be conducted at the same time as de-sexing in the case of a pet. The seller will have cost assessed by his/her veterinarian.

Adult size and eventual colour (colour pertaining to Pomeranians) are not guaranteed. Correct bite (pertaining to show dogs) is not guaranteed. Adults are the exception as what you see, is what you get.

Onus is on the purchaser to make certain the dog/bitch is well housed (indoors) and receives adequate exercise, nutritional needs are adhered to as provided by the breeder in writing. That the dog receives medical treatment when and if necessary, protected from the elements of the weather, and or theft, and or danger. Onus is on the purchaser to properly socialise the dog/bitch. To make sure they have sufficient fencing to contain the dog/bitch on their own property. To not allow a puppy that is not fully vaccinated (plus two weeks), to mix with other dogs or go where other dogs have been.

Onus is on the purchaser to have the dog castrated or bitch spayed, by a qualified veterinarian after six months of age.

FINAL CONDITIONS OF SALE

This puppy has been sold as family pet companion only and must never be bred (intentionally / unintentionally) or use for any other purpose, I do not give breeding rights and request spaying / neutering at the earliest safest best age around 6 months of age is highly recommended, if this puppy is not spayed or neutered by 8 months of age, all guarantees will become null and void. Proof of de-sexing must be sent to the breeder/seller as soon as possible, written and signed by a veterinarian on paper with the practice letterhead. Failing to do so, renders all guarantees in this agreement null and void.

Buyer is responsible for all freight and freight miscellaneous charges. Remaining balance of puppy must be paid in cash, direct bank deposit if buyer is interstate or postal money order, together with the cost of freight and relevant contracts prior to the puppy leaving. Owners picking puppy up from breeder, please pay balance in cash.

This guarantee applies to the original buyer of this puppy only, this guarantee will become null and void if this puppy was abused, neglected, injured or has been used for breeding or sold to another person.

This contract represents the final and complete guarantee and agreement between Buyer and Seller, By signing this contract, both parties acknowledge that they have read, do understand and agree with the terms of this contract. Both parties have a copy of this contract.

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MAIN REGISTRATION (to be completed by those adopting a puppy for breeding, exhibition purposes)

I am purchasing the puppy with the intention of exhibition and breeding purposes. I have read and agree by the terms and conditions of sale. I understand that the breeder will not be held responsible if the puppy does not grow up to fulfill the required standard of exhibition and it will be my own responsibility to have the dog de-sexed and placed in a pet home. I will inform breeder of such an occurrence. I will return this agreement along with the contract of sale and Health Policy prior to the puppy/dog being handed over to me or freighted to me. I am a member of the canine association in my State and will provide you with proof of membership.

FULL NAME:______________________________________________

ADDRESS:________________________________________________

PHONE AND EMAIL ADDRESS:_______________________________

_________________________________________________________

SIGNED___________________________________________________

WITNESSED BY: ___________________________________ _
(Vet, Justice of the Peace, Chemist, Doctor, Dentist, police officer)

ADDRESS OF WITNESS: _________________________________________________

WITNESSED ON THIS DATE BEING: ___________________________________________________

DRIVING LICENCE NUMBER OR OTHER FORM OF ID:
____________________________________________________
(Medicare card, drivers’ licence or any other documentation to show your full name and address)

SIGNATURE OF WITNESS___________________________________

_________________________________________________________

LIMIT REGISTRATION (to be completed by those adopting a puppy with this registration only)

I am purchasing the puppy or adult dog, with the full knowledge that I will be unable to exhibit/breed/ or export the puppy or dog using this type of registration. I also understand I must be a member of the State canine association where I reside so that the limit registration certificate will be transferred into my name. I will return this agreement along with the contract of sale and Health guarantee prior to the puppy/dog being handed over to me or freighted to me. I am a member of the canine association in my State and will provide you with proof of membership and payment of transfer of limit registration into my name. Does this pertain to the adoption of your puppy? Please circle one - (YES) (NO)

FULL NAME: _________________________________________________________

ADDRESS: _________________________________________________________

PHONE AND EMAIL ADDRESS: _________________________________________

SIGNED___________________________________________________

WITNESSED BY:
________________________________________________________
(Vet, Justice of the Peace, Chemist, Doctor, Dentist, police officer)

ADDRESS OF WITNESS: _______________________________________________________

WITNESSED ON THIS DATE BEING: _______________________________________________________

DRIVING LICENCE NUMBER OR OTHER FORM OF ID:
_______________________________________________________
(Medicare card, drivers’ licence or any other documentation to show your full name and address)

SIGNATURE OF WITNESS_______________________________________________

Upon completion, this can be scanned and emailed to Anne Muscat at the email address provided or mailed to Anne Muscat PO BOX 24 SLP Smythesdale Victoria 3351 at your earliest convenience. Adoption will proceed as planned as soon as this form is made available. Questions? Not sure of something? Please email me. Please remember to keep a copy of this contract for your own records in a safe place.