SECTION 1
AGREEMENT
• Above described Dog is being sold to Buyer as Pet Quality. Pet Quality shall mean that Buyer has elected to purchase Dog with no intent to breed it but to bring it into Buyer's family as a member. Pet Quality may also mean that certain faults as defined in the ASCA and/or AKC and/or MASCA Australian Shepherd Standard or other minor defects which appear to be irreversible are evident. Buyer agrees to take all measures necessary to insure that Dog is not bred and does not have the opportunity to sire or deliver a litter or litters. DOG SHALL NOT BE BRED.
• Buyer understands that Dog has been sold with Limited Registration, precluding Buyer from showing Dog in conformation classes (other than get/produce and altered classes) and from registering any litters produced or sired by Dog. Limited Registration entitles Buyer to register Dog with ASCA and /or AKC and participate in all events with these organizations other than conformation classes.
• Buyer agrees that Dog shall be spayed or neutered not before 12 and not after18 months of age (no earlier) and proof provided to Seller. Failure to do so shall cancel all guarantees included in this Agreement. ______ (Initial)
• If faults originally assumed to be irreversible have self corrected, and if acceptable proof has been provided to Seller, and if Seller agrees to a reversal of sale status from Pet Quality to Breed Quality, Buyer shall be allowed to change the Limited Registration to Full Registration with all associated rights. A subsequent (revised) Agreement shall be issued and executed by Seller and Buyer before changing Limited Registration to Full registration and shall supersede this Agreement. Buyer shall cover all costs associated with changing the registration.
SECTION 2
HEALTH
• Buyer shall assume full responsibility for the health, temperament and appearance of Dog. Buyer further agrees to maintain Dog at all times in good health with regular veterinary check-ups, and will only secure such vaccinations as recommended by Seller or as required by Buyer's local jurisdiction.
• Seller guarantees that Dog is in good health and has received appropriate medical care, including worming, as of the date of this Agreement.
• Seller guarantees Dog is free of hereditary defects to the best of her knowledge. Should Dog be diagnosed with hip dysplasia prior to it's third birthday, or suffer loss of eyesight due to Progressive Retinal Atrophy (PRA) or Collie Eye Anomaly (CEA) prior to it's fifth birthday, Seller agrees to refund 50% of the purchase price after receiving certification by a veterinarian if the complaint is hip dysplasia, or by a veterinary ophthalmologist if the complaint is PRA or CEA. Buyer may keep Dog if desired, or return it to Seller. Seller does not assume any additional liability for possible genetic defects in Dog and will under no circumstance be responsible for veterinary bills resulting from any such condition.
• Buyer agrees to notify breeder of any serious health or temperament issues dog may acquire during its lifetime (allergies, epilepsy, etc.), as this is vital to the Seller's breeding program.
SECTION 3
TEMPERMENT
• It is the goal of both Seller and Buyer that this Australian Shepherd set a good example for the breed, both in the home and in public. Buyer agrees that Dog will be entered in formal obedience classes as soon as possible. Seller recommends buyer will continue in training until Dog minimally achieves the AKC Canine Good Citizen (Neighbor) certificate or equivalent. Seller requires that Buyer attend positive reinforcement (ie Clicker Training) NOT dominance based (ie Cesar Millan) classes with Dog. ________ (initial)
3.2 Buyer agrees to refrain from inoculating Dog for rabies until 12 months of age, unless required by law. Buyer also agrees to refrain from inoculating Dog for rabies at the time of spaying/neutering, as this can have a detrimental effect on Dog's temperament.
3.3 Buyer acknowledges that failure to meet the requirements of this Section shall invalidate guarantees made by Seller in Section 2 Health ________ (initial)
SECTION 4
MAINTENANCE
• Buyer agrees to maintain Dog in good health, provide routine preventative health care including, but not limited to internal and external parasites.
• Buyer further agrees to provide proper exercise in order to maintain Dog in proper weight and physical condition. A proper diet consists of top-quality dog food and supplements. Foods NOT to be fed included foods sold in chain stores such as Wal Mart, Pet Co & PetsMart. ______ (Initial)
• Buyer agrees that Dog is NOT TO BE LEFT IN BACKYARD, KENNEL, OR TIED OUT FOR EXTENDED PERIODS OF TIME. Dog is sold with the understanding that it is going to a carefully selected party and that Buyer AVOWED that Dog would become a member of the family. This is to assure proper development and maintenance of the temperament for which the dog was bred. Were these here before Parker? Just curious.
• If Seller determines by any means that Dog is not being suitably cared for or that it has been mentally or physically mistreated, Seller has the right to take full possession of Dog without compensation. Seller's opinion is the only authority required to justify this action.
• During life of Dog, Buyer agrees to inform Seller of address changes. Should Dog become lost and Seller be contacted, Seller agrees to notify Buyer in order that Buyer may claim Dog. Should Seller be unable to locate Buyer within three days or by date scheduled for destruction or adoption of Dog, whichever comes first, Seller or agent acting on Seller's behalf shall claim and hold Dog for one month in attempt to locate buyer. If Buyer cannot be located Dog shall be placed according to the discretion of Seller. Should Seller be contacted more than three times regarding repeated incidents of Dog's escape, Seller may conclude that Dog is being neglected and shall take possession of Dog.
• Buyer acknowledges that failure to meet the requirements of this Section shall invalidate guarantees made by Seller in Section 2 Health.
SECTION 5
GENERAL
• BUYER AGREES TO ALLOW SELLER RIGHT OF FIRST REFUSAL SHOULD BUYER DECIDE TO SELL, RELINQUISH OR TRANSFER DOG.
• Buyer may return Dog to Seller for full return of purchase amount minus any cost of transportation to Buyer for ANY reason within 72 hours of date of purchase.
• After 72 hours from date of purchase, Dog may be returned, with certain provisos. Contact Seller for arrangements.
• Buyer agrees upon purchase of Dog that it shall be registered with the BONZA name followed by a name of Buyer's determination that has been approved by Seller before registration of Dog. Call names shall be at the discretion of the Buyer.
• If Buyer requests delivery, it shall be by airfreight to a designated location. Buyer is solely responsible (in advance) for all carrier required costs, ie crate, veterinarian exam, treatment, inoculations, equipment, etc., and insurance during shipment and cost of freight charges.
• Any actions taken to return Dog shall be done with the best interest of Dog in mind, including but not limited to, temperature at time of shipment, non-stop flights and history of airline shipment of live animals.
• Buyer agrees that he/she is not acting as an agent in the purchase of Dog and that Buyer shall not sell Dog or its progeny to any individual or establishment in the business of buying, selling or using dogs for profit in any way.
• This Agreement applies to the original Buyer only and is not transferable to a third party.
• Although there are no present plans to stop breeding Australian Shepherd dogs, the guarantees in this Agreement are valid only as long as Seller is breeding said dogs. Should Seller cease breeding Australian Shepherd dogs, this Agreement shall become null and void.
SECTION 6
The undersigned agree to uphold all covenants of this Agreement to insure the well-being and protection of Dog. If Buyer breaches any part of this Agreement, Seller is released from any obligations under this Agreement and shall have the right to repossess Dog. Buyer agrees that he/she understands this Agreement fully and that changes or modifications may not be made unless agreed to in writing by both Buyer and Seller as an Addendum to this Agreement. Idaho Law shall govern this Agreement and jurisdiction and venue being the County of Ada, Idaho.
