Non Breeding Contract

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Non Breeding Contract
This Contract is entered into between Stoverly Aussies (hereinafter known as the
BREEDER) and BUYER named below.
Buyers Information:
NAME:__________________________________________________________
ADDRESS_______________________________________________________
________________________________________________________________
PHONE NUMBER:________________________________________________
EMAIL:_________________________________________________________
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DESCRIPTION:
Breeder has sold to buyer the dog described below
Temp. name:
Breed:
Sex
:
Colour:
Born:
Microchip #
Terms of the agreement:
1.
The Buyer
Buyer: As payment for said dog as a pet, buyer agrees to pay the breeder the sum of $ ______________
Buyer: Agrees to provide veterinary check up to said dog within 7 days after receiving said dog. If a medical
problem arises with a written conformation from a qualified vet, buyer can elect to keep said dog and assume
all cost for its care, or may return said dog for a full refund upon breeders’ receipt of veterinarian certificate.
This provision expires 7 days, weekends included, after buyer takes possession of said dog. After the 7 days a
full refund will not be available but a replacement dog may be offered when a suitable dog becomes
available. Refund will be issued when the dog has been resold or when the next litter of puppies is sold which
ever occurs first.
Buyer: Is responsible for all costs incurred once puppy leaves breeders property, including but not limited to
health checks, worming, stool samples, flea preventative, vaccines, accidents, etc.
Buyer: Understands that if puppy is found to have worms at the first check up within 7 days of the date of
purchase, the breeder will provide free Strongid or Panacur for deworming at the breeders place of residence.
If you choose a different wormer, even upon veterinarian reccomendation, the breeder does not cover that
cost. The breeder also does not cover the cost of Coccidia or Giardia as those parasites can be caught at any
time and at any location and are beyond our control to avoid.
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Buyer: Agrees they are obligated to provide proper socializing and training of said dog. If dog is found at
any time to be untrained and not properly socialized, this seriously affects the dogs’ life. If the dogs’ life is
negatively affected in the opinion of the breeder, breeder has the right to take back the dog at no charge to
breeder.
Buyer: Agrees to provide 1obedience class before puppy reaches 8 months of age. Copy of diplomas to be
sent to Breeder at time of completion and before dog reaches 8 months of age. If dog does not go to any
classes and by 8 months of age and has behaviour issues that are unpleasant to the buyer and negatively
affecting the dogs life in the opinion of the breeder, then the breeder has the right to repossess said dog at no
charge to the breeder. WE DO NOT CONSIDER PET SMART CLASSES ADAQUATE.
Buyer: Acknowledges that said dogs’ temperament may change with lack of proper training and discipline,
or if dog is mishandles or abused.
Buyer: Agrees to provide proper nutritional requirements and to maintain a healthy lifestyle for said dog.
Ensure dog lives a lifestyle suited to the breed. Recommended food for this dog is TASTE OF THE WILD
adult dog food. THIS DOG IS NOT TO BE FED PUPPY FOOD AT ANY TIME. Feeding puppy food
will void the health/genetic guarantee of this dog. It is the breeders’ opinion that puppy food will increase the
growth of puppies and leads to joint problems. This dog is also not to be fed dog food containing CORN or
GRAINS. Corn and grains are not digestible and Australian shepherds do not do well on them. Feeding this
dog any foods containing corn and grains, will void the health and genetic guarantee. If either the
veterinarian or the breeder deems this dog extremely underweight or overweight, this is classified as abuse to
the animal and grants the breeder immediate permission to repossess said dog at no cost to breeder.
Buyer: agrees they are obligated to have said dog altered before it reaches 8 months of age. If this dog is not
altered by 8 months of age, the breeder has the right to immediately repossess said dog and have it altered.
Once altered if buyers would like said dog back they must pay the alter fee and have no other part of this
contract in violation.
Buyer: will provide the Breeder with a copy of the alter certificate before dog reaches 1 year of age. If the
copy has not been received by 1 year of age, then breeder has the right to repossess said dog to ensure it has
been altered. If the dog is found not to be altered, breeder will alter said dog at buyers’ expense. When buyer
has paid the cost of the alter, then dog will be returned to buyer at buyers expense, only if no other part of
this contract is in violation. If dog is altered, then dog will be returned to buyer as soon as a copy of the
certificate if presented to breeder.
Buyer: Agrees to have the dogs’ eyes cerf tested between the age of two and three years by a CERF certified
k9 ophthalmologist. Results to be provided to breeder by no later than the third birthday. This will ensure if
dog has genetic defect, breeder will be aware of it and uphold her end of the contract within specified timeline. If you choose not to test your dog, you void the health warranty and if he does develop future eye
problems he is not covered.
Buyer: Agrees to have hips x-rayed and sent in to OFA between the age of two and three years. Results
provided to breeder no later than the third birthday. This will ensure if dog has genetic defect, breeder will be
aware of it and uphold her end of the contract within specified time-line. If you choose not to test your dog,
you void the health warranty and if he does develop future hip problems he is not covered.
Buyer: agrees they are obligated to use the kennel name STOVERLY as a prefix to the dogs’ registered
name in honor of the breeder of said dog. If this is a pet animal only and is not a show/breed animal or a
performance companion then the registered name will be the call name such as (Stoverly’s Max). In the case
where we already have a dog with the same call name we will add something simple to the end such as ( Max
II) or ( Max Blue). Performance and show/breed animals may get fancy in their registered names. Names to
be provided to breeder within 30 days of purchase.
Buyer: agrees that it is there responsibility to keep in contact with Stoverly Aussies about said dog for the
life of the dog. This will help us learn strong points and weak points in the breeding program.
This also ensures dog is being cared for. Contact will include but not be limited to.
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one picture each year by either photograph or email
any change of address or contact information
any questions or concerns regarding a change in said dogs behavior or health
if you feel any part of this contract needs to be altered in any way
Buyer: agrees that if for any reason at any time in said dogs’ life, they intend to dispose of said dog or
transfer ownership of said dog, they are to contact the breeder who has first rights to take back the dog at no
cost. If breeder does not want to take ownership, breeder will help place dog in an appropriate new home. If
said dog is found to be living with a person other than the one listed in this contract, at an address different
than the one listed in this contract for the buyer, then breeder will assume dog has been placed without their
knowledge and will have the right to immediately repossess said dog at no cost to breeder. If repossessing the
dog for this reason becomes an issue, a fine of $2000.00 will also be collected from buyer for breach of this
contract.
Buyer: agrees that if said dog does transfer ownership that this contract and the non-breeding contract
remain in effect and must be signed by the new owners before transfer is complete. If dog does get placed
and this contract is not signed by the new owners, the breeder has the right to repossess said dog at the
buyers’ expense.
Buyer: Agrees that if this contract is found to be in violation in a court of law, then breeder will be awarded
the sum of $2000.00 for breach of contract and duress caused by this violation. Breeder will also be awarded
custody of said dog.
BREEDERS OBLIGATIONS
Breeder: Agrees to the best of her knowledge that said dog is healthy and free from disease. This dog is of
sound body and stable temperament. Has had all the vaccinations and medical treatment required for the age
of the dog in the breeders opinion.
Breeder: Agrees that if for any reason said dog is not working out for the buyer, breeder will take dog back
at any time in said dogs’ life.
If dog is returned for a non-genetic ( or non medical) issue related to said dog, then a refund may be available
under the following terms and at the breeders’ discretion.
If dog is returned within 7 days of date of sale then 75% refund of purchase price is possibly available.
If dog is returned within 14 days of date of sale then 50% refund of purchase price is possibly available.
If dog is returned within 21 days of date of sale then 25% refund of purchase price is possibly available.
If dog is returned within 28 days of date of sale then 10 % refund of purchase price is possibly available.
If dog is returned anytime after 28 days past the date of sale then no refund is available.
Any refunds issued are not due to buyer until said dog is resold or the next litter of puppies is sold in full,
which ever occurs first. If said dog has been mistreated, fed a non recommended diet or given dangerous
drugs as per their MDR1 status, then the breeder has the right to deny any refund.
purchase price refund does not include the deposit amount as deposits are non refundable
*SAID DOG MUST BE RETURNED WITH ALL PAPER WORK AND PUPPY PACK ITEMS THAT IT
WAS SOLD WITH. FAILURE TO RETURN THESE ITEMS IN GOOD CONDITION WILL RESULT IN
A LESSER REFUND AND POSSIBLY NO REFUND AT ALL, TO BE DETERMINED BY BREEDER*
Breeder: Agrees that if said dog develops a genetic disorder before the age of 3 years, upon receipt of
written documents regarding the suspected genetic disorder, buyer will be compensated. Genetic defects
would include hip dysplasia, elbow dysplasia, luxating patella’s, and eye disorders. All costs incurred testing
said dog for these disorders, regardless of results, in that of the buyer alone. In order for breeder to offer
compensation, hip, elbow and/or patella reports MUST be from OFA or PennHip. No other opinions will be
valid including those of the family veterinarian. Any suspected eye disorder MUST be diagnosed by a CERF
licensed ophthalmologist. Anything less and buyer is not eligible for compensation.
Breeder reserves the right to have a second veterinarians’ opinion at the breeders cost. Buyer responsible for
transporting said dog. By denying the breeder’s veterinarian of choice access to the dog for the second
opinion, any compensation due to buyer will be delayed indefinitely until the exam is fulfilled.
Buyer may choose one of the following options within 24 months from the date of the diagnosis. After 24
months all compensations are null and void.
Buyers’ choices will be as follows:
 Buyer can elect to keep said dog and assume all cost for its care, and receive a replacement puppy of
equal value when a suitable one is available from different parents, chosen by breeder. Buyer will
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assume costs of travel. Buyer will cover costs of vaccinations, eye exam, worming, microchip and
puppy pack for replacement puppy. ($250.00 value). Payment is due in cash upon pick up of
replacement puppy.
Buyer can elect to give said dog back to breeder and receive a replacement puppy of equal value when a
suitable one is available from different parents, chosen by breeder. Buyer will assume costs for travel.
Buyer will cover costs of vaccinations, eye exam, worming, microchip and puppy pack. ($250.00 value).
Payment is due in cash upon pick up of replacement puppy.
Buyer can elect to keep said dog and assume all cost for its care, and receive a refund. The refund
amount will depend on the genetic problem and will be determined by the breeder to a maximum of 75%
of the dogs original purchase price. Refund will be issued when next litter of puppies is sold. Breeder
reserves the right to issue any refund payment directly to veterinary clinic caring for said dog.
Buyer can elect to give said dog back to breeder, and receive a partial refund to a maximum of 50% of
the original purchase price. Refund will be given when said dog is resold and will be the resale price to a
maximum of 50% of the purchase price. If dog is not able to be resold, then breeder will pay buyer 50%
of original purchase price when next litter of puppies is sold.
Buyer will assume all costs for travel.
Breeder: Agrees that said dog is guaranteed free from Idiopathic Epilepsy for a time frame of 6 years.
Idiopathic Epilepsy is diagnosed prior to the age of 6 years and when said dog is having seizures which can
not be correlated to anything specific. In order to claim a seizure is Idiopathic Epilepsy the dog must
 Not have been vaccinated within 60 days if the seizure.
 Not have been given any form of drug within 30 days.
 Not have been put under sedation within 30 days.
 Not been fed puppy food at any time in it’s life
 Not been fed a poor quality diet containing grains and/or corn
 Not been in an accident where the dog would have struck it’s head
 Have a full blood panel done to rule out infection, disease or nutrient deficiency.
 Have had more than one seizure
(cost of all testing is at the expense of the buyer)
Upon diagnosing Idiopathic Epilepsy, breeder will offer the following guarantee.
Buyer may choose one of the following options within 36 months from the date of the diagnosis. After 36
months all compensations are null and void.
Buyers’ choices will be as follows:
 Buyer can elect to keep said dog and assume all cost for its care, and receive a replacement puppy of
equal value when a suitable one is available from different parents, chosen by breeder. Buyer will
assume all costs of travel. Buyer will cover costs of vaccinations, eye exam, worming, microchip and
puppy pack for replacement puppy. ($250.00 value). Payment is due in cash upon pick up of
replacement puppy.
 Buyer can elect to give said dog back to breeder and receive a replacement puppy of equal value when a
suitable one is available from different parents, chosen by breeder. Buyer will assume all costs for travel.
Buyer will cover costs of vaccinations, eye exam, worming, microchip and puppy pack. ($250.00 value).
Payment is due in cash upon pick up of replacement puppy.
 Buyer can elect to keep said dog and assume all cost for its care, and receive a refund. The refund will be
75% of the dogs’ original purchase price. Refund will be issued when next litter of puppies is sold.
 Buyer can elect to give said dog back to breeder, and receive a refund of 50% of the original purchase
price. Refund will be given when the next litter of puppies is sold.
Buyer will assume all costs for travel.
Breeder: Agrees to keep in contact with buyer and offer any help and advice possible regarding said dog.
Breeder will notify buyer if anything relating to health and temperament of parents or siblings of said dog
seem to change.
Breeder: Agrees that if there is any concern about the dogs’ well-being and the upholding of this and other
contracts by buyer, that reasonable effort will be made to deal with the situation in a civilized fashion in
person or by phone, email or postal service. Every effort will be made to resolve the situation before
removing the dog from buyers home. Removal of dog will be a last resort if breach of contract cannot be
resolved to breeders’ satisfaction or if dogs’ safety is in immediate jeopardy as interpreted by the breeder.
Breeder: Agrees that in the unlikely event the dog is to be removed from the buyers’ property by the breeder
that buyer will not be held liable for any accidental harm to breeder occurring on buyers’ property and that a
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third party will accompany the breeder onto the property such as but not limited to, an officer of the law,
SPCA, Humane Society, etc.
This contract is being put in place for the welfare of not only the dog being sold but also for the reputation of
the Breeder(s) involved.
Although there are no plans at present to discontinue the breeding program, the above guarantees and refunds
are only valid as long the breeder is breeding said dogs. If for any reason breeder is no longer breeding said
dogs, the breeders’ part of the contract becomes null and void. However for the safety and well being of the
dog, all agreements on behalf of the buyer will remain valid for the life span of said dog.
This agreement is mutually stipulated to have been entered into, Simcoe County, Midland, Ontario, Canada,
regardless of the place where it is signed. The buyer and breeder agree that the proper venue for any legal
action taken to enforce the terms and conditions of this agreement shall be in the county of the breeders
residence and that this agreement shall be interpreted in accordance with the laws of the province of Ontario.
In the event that legal action is taken to enforce the terms of this agreement, the prevailing party shall be
entitled to an award of attorneys’ fees and costs. This contract is binding in the province of Ontario and is
non-transferable unless agreed by both parties.
BUYER_______________________________________ Date______________________________
BREEDER_____________________________________Date __________________________
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