TERMS AND CONDITIONS
1. Deposit, Payment of Purchase Price, Fees
Buyer will pay $________________ for purchase price of dog.
Buyer will pay $ ________________ for deposit to hold dog until the age of no less than 8 weeks. Deposit shall be applied to total price of dog.
Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the dog if:
(a) Buyer fails to complete the purchase of the Dog and acknowledges the deposit to be used to care for the puppy until another home is found.
If the Dog is not available due to sickness, death or any other circumstance owing to the fault of Seller, Buyer’s deposit will, at Buyer’s option be either (a) refunded, or (b) transferred to a next litter of puppies.
2. Transfer of Ownership and Registration
Upon payment in full of the Purchase Price, Seller shall promptly take all actions required to officially transfer ownership and registration (litter application) of the Dog to Buyer. It is Buyer’s responsibility to submit and pay any fees associated with finalizing registration.
3. Seller’s Representations and Warranties
Seller Represents and warrants to Buyer that:
(a) Seller is the legal and true owner of the Dog and that Seller has full right and authority to sell the Dog.
(b) The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
(c) Seller guarantees that the Dog is a purebred dog, offspring of the purebred sire and purebred dam set out on page 1 of this Agreement.
(d) Seller shall provide any/all requested documentation relating to dam/sire health testing and pedigrees.
(e) Seller offers a 2-year genetic health guarantee to include: Collie Eye Anomaly, Cone Degeneration, Degenerative Myelopathy, Hereditary Cataracts (Australian Shepherd Type), Hyperuricosuria, Multidrug Resistance 1 (MDR1), Multifocal Retinopathy 1, Neuronal Ceroid Lipofuscinosis 6, Progressive Retinal Atrophy/Progressive Rod-Cone Degeneration. The Dog is in good health and free of communicable diseases at the time of this sale. The Dog has had one or more set of shots and deworming as scheduled depending on the pickup/delivery date. See Medical record for details. Buyer has 5 business days (excluding Sundays) from the delivery/pickup date to have the Dog examined by a licensed Veterinarian, at Buyer’s sole cost. If the Dog fails the examination, Buyer may return the Dog, with a written statement from the Veterinarian, for a full refund. If Buyer chooses to keep the puppy, no replacement will be given and all medical costs and treatment are sole responsibility of the Buyer.
(f) This guarantee does NOT cover eye defects that can be reversed or treated, allergies, undescended testicles, umbilical hernia, dermatitis, and skin conditions that are treatable. Seller will NOT replace a puppy due to heat stroke, abuse/neglect, or improper socialization. Buyer agrees that they have thoroughly researched the Australian Shepherd breed, and understand the issues they can possess. Buyer is responsible for all medical costs of their puppy. (No refund will be given). This guarantee covers only the original Buyer and is not transferable.
(g) To ensure the Buyer does not euthanize the Dog, or take it to an animal shelter, Seller will take the Dog back at any time during the Dog’s lifetime. Seller will not issue a refund or provide another Dog to Buyer unless the Dog’s return was a result of any misrepresentation of the part of the Seller with respect to the Dog’s health.
(h) This guarantee is null and void for any of the following reasons:
• The dog changes ownership
• The dog is bred knowingly or accidentally at any time if under limited registration or prior to 18 months
• Evidence of abuse is present
• Any agreements in this Contract are not met
4. Fitness of Purpose
Seller does not provide any warranty as to the Dog’s fitness for any specific purpose, including obedience trials, show ring performance, herding and/or breeding purposes.
5. Buyer’s Representations
Buyer represents to Seller that:
(a) The Dog will reside with Buyer as a pet to Buyer and Buyer’s family.
(b) Buyer will not keep the Dog chained, tethered or permanently house the Dog in a kennel.
(c) Buyer will provide the Dog with nutritious food and necessary veterinary care, including de-worming, heartworm prevention and regular vaccinations, including rabies.
(d) Buyer is not acting as an agent for any other person or business in the purchase of the Dog.
(e) Buyer will not sell, give, or release the Dog to a pet shop, retail store, dog dealer, animal testing facility, research facility, or an agent for any such business or facility.
(f) In the event Buyer can no longer care for the Dog, for whatever reason(s), the Buyer is to release the Dog back to the Seller. No refunds will be given.
6. Indemnity and Release
If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and to pay all of Seller’s costs and expenses including reasonable legal fees, and amount paid in settlement and any award or judgement with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including damage to or destruction of property, and injury to any person.
7. Limitation of Action
Any action or claim brought by Buyer against Seller for breach of this agreement or for loss due to negligence must be brought within 1 year of the date such claim or loss occurs.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Missouri.
9. Entire Agreement
This Agreement represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in this Agreement.