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Non Breeding Contract
This Contract is entered into between Brenda-Lee Hoskins (hereinafter known as
the BREEDER) and (hereinafter known as the BUYER.)
Buyers Information:
NAME:__________________________________________________________
ADDRESS_______________________________________________________
________________________________________________________________
PHONE NUMBER:________________________________________________
EMAIL:_________________________________________________________
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DESCRIPTION:
Breeder has sold to buyer the dog described below
NAME: __________________________________________
D.O.B: _________________ SEX __________________
Microchip# ______________________________________
Eye color(s) left _____________ right _______________
COLOR: ________________________________________
SIRE: ____________________________________________
DAM: ____________________________________________
Terms of the agreement:
1. The Buyer
Buyer: As payment for said dog, buyer agrees to pay the breeder the sum of
$_____________________
Buyer: understands that payment in full is due at the time that buyer takes
possession of said dog, or prior to being shipped. If down-payment was
received the amount was $_________ and the remaining balance of
__________ is due. Balance to be paid by cash, money order, or certified
cheque made payable to Brenda Hoskins.
Buyer: Is responsible for all shipping costs including appropriate sized crate.
Buyer: Agrees to provide veterinary check up to said dog within 7 days after
receiving said dog. If a 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
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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: Agrees that it is their responsibility to familiarize themselves with the breed
of said dogs, and understand the nature of the breed and any medical
conditions related to the breed
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 a minimum of 1 puppy socialization class (where
available) and 1obedience class when dog has completed puppy vaccines and
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 behavior 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.
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 KIRKLAND SIGNATURE CHICKEN, RICE
and VEGETABLES or KIRKLAND SIGNATURE LAMB and RICE adult dog
food. THIS DOG IS NOT TO BE FED PUPPY FOOD AT ANY TIME. Feeding
puppy food will void the health 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. Corn is not digestible
and Australian shepherds do not do well on corn. Feeding this dog food
containing corn, will void the health guarantee of this dog. 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 that it is their responsibility to provide regular Vet care to the dog
including all vaccinations and yearly boosters. Any dogs competing in sports
are suggested to have bordetella yearly. Heartworm medication is also
recommended. For Australian Shepherds, the type we recommend is
INTERCEPTOR.
Anything with IVORMECTIN may kill your dog. If this dog is found to have been given
anything containing Ivormectin at any time in its life, the health guarantee on this dog becomes
null and void.
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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 dog is not to be tied up outside for any length of time and if dog is to be tied up at all,
buyer MUST be outside supervising dog at all times. If it is found out that said dog is tied up
outside for extended periods of time, then breeder has the right to repossess said dog at no
cost to breeder.
Buyer: Agrees to have the dogs’ eyes cerf tested between the age of two and three years by a
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 time-line.
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.
Buyer: agrees they are obligated to use the kennel name HHC as a prefix to the dogs’ registered
name in honor of the breeder of said dog. A suitable name for said dog will be provided to
breeder within 7 days from date of purchase, if a suitable name is not provided to breeder with
in 7 days then breeder will suitably name said dog.
Buyer: agrees to a non-breeding contract, which will be kept on file at HHC Australian Shepherds.
By signing this contract buyer agrees to ensure said dog is not bred or allowed to produce a
litter before they are altered.
Buyer: agrees that it is there responsibility to keep in contact with HHC Australian Shepherds about
said dog for the life of the dog. This will help HHC Australian Shepherds 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.
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 they intend to dispose of 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.
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Buyer: Agrees that Breeder has the right to enter onto buyers’ property at any time and remove
said dog at no cost to breeder and with no notice to buyer if breeder has reasonable evidence
that this contract is in any way being violated and neglected and the dogs best interests are not
being upheld. Any evidence collected is open to the interpretation of the breeder.
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.
6. Breeder
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.
Breeder: Agrees that the dogs’ eyes have been examined by an ophthalmologist
and written results are provided to buyer.
Breeder: Agrees between 7-8 weeks of age dog has had a physical exam
including palpitation of knees, hips, and elbows performed by qualified vet.
Copy of results provided to buyer.
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 issue related to said dog, then refund may be
available under the following terms.
If dog is returned within 7 days of date of sale then full purchase price refund is
available.
If dog is returned within 14 days of date of sale then 50% refund of purchase price
is available.
If dog is returned within 21 days of date of sale then 25% refund of purchase price
is available.
If dog is returned within 28 days of date of sale then 10 % refund of purchase
price is 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, which ever occurs first.
Breeder: Agrees that if said dog develops a genetic disorder before the age of 3
years, upon receipt of veterinarian documents regarding genetic disorder,
buyer will be compensated. Breeder reserves the right to have a second
veterinarians’ opinion. Genetic defects would include hip dysplasia, luxating
patella’s, epilepsy, and eye disorders. 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 costs of travel. Buyer will cover costs of vaccinations, eye exam,
worming, microchip and puppy pack for replacement puppy. ($250.00 value)
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)
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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 50% of the dogs 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 of the purchase
price to a maximum of 50% of the 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 purchase price when next litter of puppies is sold.
Buyer will assume all costs for travel.
Breeder accepts all liability for safety if dog is flying. Should dog perish, breeder will replace the
dog with one of equal value when one is available, minus shipping cost and replacement dog
will not be flown. It will be the responsibility of the buyer to arrange to transport the dog by
alternate means such as picking it up. No monies will be refunded if dog should perish in
transportation.
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.
Breeder: Agrees that in the unlikely event the dog is to be removed from the buyers property by
the breeder, that reasonable effort will be made to have a third party 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 are only valid as long the breeder is breeding said dogs. If for any reason breeder is
no longer breeding said dogs, 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, Baxter,
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 nontransferable unless agreed by both parties.
BUYER_______________________________________
Date______________________________
BREEDER_____________________________________Date______________________