Sale
of a Companion Puppy Agreement
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THIS
AGREEMENT
is made on the [DATE]
day of [MONTH] [YEAR].
BETWEEN
the following persons;
[BREEDERS FULL NAME, ADDRESS, CONTACT NUMBERS]
Hereinafter referred to as the BREEDER
AND
[BUYERS FULL NAME, ADDRESS, CONTACT NUMBERS]
Hereinafter referred to as the BUYER
CONCERNING
Name
of Puppy – [NAME]
Color – [COLOUR]
Sex – [SEX]
From
the litter whelped [DOB OF
LITTER] out of
[NAME OF SIRE] and
[NAME OF BITCH]
Herein referred to as the PUPPY
IN
CONSIDERATION OF $[AMOUNT]
the
BREEDER hereby agrees to sell and the BUYER hereby agrees to
purchase a desexed companion puppy from the litter described above.
WHEREBY
both the BREEDER and BUYER agree to the terms and conditions as set
out hereafter
The
BUYER HEREBY COVENANTS AND AGREES with the BREEDER that the BUYER
will at all times during the continuance of this agreement
(a)
Be
responsible for the provision of adequate accommodation,
socialisation, feeding, upkeep, care, grooming and veterinary
expenses of the PUPPY together with any medicines required as well
as registering and keeping current such registration in accordance
with the law of the jurisdiction in which the PUPPY resides.
(b)
The
BUYER agrees that he/she is not acting as an agent in the purchase
or this puppy and that the BUYER shall not knowingly sell this
puppy/dog to any agent or representative thereof, who sells or
consigns to a pet store, kennel or individual who retails dogs.
(c)
The
BUYER acknowledges receipt of the PUPPY described above and agrees
they will make no charges of any nature against the BREEDER,
furthermore the BUYER hereby releases the BREEDER from any liability
and responsibility for any illness, disease, accident, injury to or
death of the PUPPY or any damage or loss arising
therefrom, howsoever caused or arising,
on the part of the BREEDER, its servants or agents, other than the
provisions for life threatening genetic diseases or illness
contained further on in this agreement.
(d)
The
BUYER further agrees to notify the BREEDER of any problems
associated with the PUPPY so that informed decisions may be made
when determining future planned matings.
The
BREEDER HEREBY COVENANTS AND AGREES with the BUYER that the BREEDER
will at all times during the continuance of this agreement
(a)
Provide any information or help to find information in regard to the
health & wellbeing of the said PUPPY if the BUYER enquires
(b)
That
the PUPPY is in good health and has received appropriate medical
inoculations, worming and care. The BREEDER will provide the BUYER
‘Puppy Care Notes and Information’ detailing treatment the PUPPY has
received under the BREEDER’S care, and any future care the BREEDER
feels is essential to the PUPPY’S well being.
(c)
Register the said PUPPY with the Labradoodle Association of
Australia & provide the BUYER with such registration as soon as
practicable thereafter.
(d)
Assist the BUYER in re-homing the PUPPY should they BUYER no longer
able to care for the PUPPY or take the PUPPY back and re-home the
PUPPY under a separate agreement.
IT IS
HEREBY MUTUALLY AGREED AND DECLARED by the BREEDER and the BUYER as
follows;
a)
That
this agreement may not be assigned or transferred by either party to
a third person.
b)
The
BREEDER warrants that the PUPPY is in good health at the time the
BUYER assumes ownership. The BUYER may within 2 working days of
receipt of the PUPPY, have the PUPPY examined by a licensed
veterinarian. If as a result of this examination, the veterinarian
determines that the PUPPY is not in good health then the BUYER shall
either elect to retain the PUPPY or upon receipt by the BREEDER
within 7 days of a statutory declaration from the veterinarian
stating that the PUPPY was in ill health when examined and outlining
details of same, return the PUPPY to the BREEDER. The BREEDER shall
be obligated to refund the purchase price within 30 days. All
expenses incurred by the BUYER such as but not limited to;
veterinarian expenses, costs related to returning the PUPPY to the
BREEDER and set up expenses in preparing to have the PUPPY in their
home shall remain the responsibility of the BUYER. Any further
obligations under this agreement shall then be agreed to be null and
void.
c)
The
BREEDER warrants that the PUPPY is the progeny of animals x-rayed
and certified clear of hip dysplasia,
elbow dysplasia, and at the time of
testing clear of PRA. If the said PUPPY develops the above genetic
illnesses within 2 years from the date of birth of the PUPPY, then
the BUYER may provide to the BREEDER at the BUYERS expense two
veterinarians reports in conjunction with a statutory declaration
from the two veterinarian’s whereby one of the veterinarian’s is of
the BUYERS choice and the other to be from a veterinarian of the
BREEDERS choice. (The BREEDER may elect to waive the requirement of
a second veterinarians report if so desired).
Such
reports & statutory declarations shall include a supporting
PennHip report detailing that in the
veterinarians opinion the Hip or Elbow Dysplasia is genetic and not
environmentally caused or detailing PRA results, in either case the
report should show that the genetic illness is life threatening.
Upon receipt of such by the BREEDER then the BUYER may elect to
retain the PUPPY and the BREEDER is obligated within 30 days from
receipt of the reports to refund to the BUYER 50% of the purchase
price, or the BUYER may elect at the BUYER’S expense to deliver the
said PUPPY to the BREEDER at their address as stated on this
agreement or such other place as the BREEDER shall appoint but at no
greater expense, at which time the BREEDER will arrange for
euthanasia of the PUPPY and provide the BUYER with a replacement
puppy as soon as such a puppy is
available
to the BREEDER or refund the purchase price at the BREEDERS absolute
discretion. Whichever option the BUYER elects all expenses incurred
by the BUYER such as but not limited to; veterinarian expenses,
costs related to returning the PUPPY to the BREEDER and set up
expenses in preparing to have the PUPPY in their home shall remain
the responsibility of the BUYER., any further obligations under this
agreement shall then be agreed to be null and void.
d)
The
BUYER agrees to allow the BREEDER the right to use photographs of
the PUPPY for advertising purposes and as a reference source for
planning future litters.
e)
Should the BUYER choose to break any of the above portions of this
agreement, then this agreement will be considered null and void.
The undersigned
agree to uphold all covenants of this agreement. (See *Note below)
Signed _____________________________________
Dated ___________________________
BREEDER
Signed _____________________________________
Dated ___________________________
WITNESS
Full
Name & Address of WITNESS
________________________________________________
AND
Signed _____________________________________
Dated ___________________________
BUYER
Signed _____________________________________
Dated ___________________________
WITNESS
Full
Name & Address of WITNESS
________________________________________________
*NOTE:
Witnesses must be
18 years of age or older and not be a party to this agreement.