Purchase Agreement, Health Guarantee
_________________________________ hereinafter referred to as the "seller" and
________________________________ hereinafter referred to as the "owner"
for the purchase of ___ Pet ____ breeding Miniature Australian Shepherd.
The dog sold is described as
Sire, _________________________________ dam __________________________________ DOB __________
sex _____ __ color _____________________ markings ______________________________
Seller Guarantees/Obligations
The seller warranties that to the best of their knowledge that the dog purchased by the Owner is free from any communicable diseases and is of sound body, stable temperment and is in good general health with the vet recommended vaccinations and will have been wormed and VET CHECKED HEALTHY prior to leaving seller . General Health guarantee is limited to 48 hrs after leaving sellers care. Seller is not responsible for any vet expenses without Prior consent of the seller.
Health guarantee-LIMIT OF LIABILITY
The seller warranties that if the dog purchased by the Owner develops a "genetic" disorder such as hip dysplasia, deafness, or serious eye defect before the age of 24 months, then the Seller will replace the puppy with another puppy of equal value when available. or puppy returned to seller and purchase price ONLY will be refunded. Seller will replace or refund ONLY THE PURCHASE PRICE upon RETURN of said puppy to Seller at Owners expense.
Such genetic disorder must be properly diagnosed by a LICENSED certified Veterinary, for Hip Dysplasia such certification must be from a OFA board certified vet. IF the owner wants the keep the puppy, puppy must be neutered/spayed at owners expense, and 1/2 of the purchase price will be refunded. Seller is not responsible for any vet or health expenses after puppy leaves Seller.
ANY and ALL veterinary costs/expenses are the sole responsibility of the OWNER. Seller is not responsible for any vet or other health expenses after the puppy/dog leaves the Sellers care/custody or control without prior written consent from the seller.
Breeder/PET Breeding
If the puppy is sold as breeder this does not indicate that the puppy is breeding/show "quality" or will breed in the future, just that the buyer has purchased the puppy with the rights to use it as a breeding dog..
If the puppy is sold as a PET they are not to be used for breeding. The the owner agrees to have the puppy spayed/neutered and puppy will not be used to breeding of any kind, even "family pets". Should owner NOT SPAY/Neuter the dog by 1yr of age, even if they do not breed the puppy/dog they immediately owe the Seller an additional $1000. fee/fine .If owner hardship registers the dog purchased as a "PET" for the purpose of breeding they owe an additional $1000 payable immediately for intentional Fraud.
Deposits are 1/2 purchase price of puppy. Deposits on an existing puppy are non-refundable, if you should change your mind or purchase another puppy from someone else, unless something SIGNIFICANT changes on the puppy OR if we are unable to deliver the puppy you place the deposit on.... Once we receive your deposit we place a sold on that puppy- we remove it from our web page. If you change your mind and we can sell the puppy the deposit was placed on for the same price to someone else The deposit can be transferred to a future litter.
for expected or existing litters just born (too early to determine eye color size etc) we take deposits for "choice", 1st deposit gets 1st choice, 2nd - 2nd etc..
Deposits can be paid money order or check (all funds must clear before puppy ships) Will "hold" puppy pending receipt of deposit for 48hrs - can put small deposit via paypal ... please send money orders by certified mail, I am not responsible for "lost mail".. WE have been "strung out" for weeks by "checks in the mail" that never arrive. we like the puppies to go to their new homes as soon as they are old enough to bond with their new family and not to us or us to them..
DEFAULT: Breach of any other terms of this agreement by Buyer, and receipt, and failure to remedy such breach within 10 days of written notice of such breach by the Seller:
DEFAULT ATTORNEY FEES: Either party may terminate this agreement for failure of other party to meet any material term of this agreement. In the case of any default by one party, the other party shall have the right to recover attorney’s fees and court costs as a result of said default. If legal action is taken by either party, then prevailing party is entitled to their ALL/ FULL legal fees and expenses incurred. Not limited to "reasonable" attorneys fees, but all actual fees, costs and expenses incurred for taking/defending legal action.
VENUE: The parties hereto agree that the proper venue for all disputes which may arise under this agreement in Clackamas County in the State of Oregon.
This agreement is subject to interpretation under the laws of the State of Oregon.
Executed at __Boring, Oregon, this ______ day of ______________
SELLER BUYER
_________________________ _________________________
_________________________ _________________________
SELLER ___________________________________ BUYER____________________________