Contract and Conditions of Sale of Show/Breeding Quality Puppy

Seller:                                                                         Buyer:             

Monica Rinehart                                                       _________________________

                                                                                  _________________________

Ellensburg, WA 98926                                             _________________________

monica@wigglerumpranch.com                                    _________________________

www.wigglerumpranch.com                                                     _________________________

Description of Puppy: __________________________________________________

Registered Name: ______________________________________________________

Registration Number AKC# ______________________ UKC # _________________

Breed: Miniature American Shepherd  Sex: _______________________   

Color and Markings: ______________ Eye Color: (R) __________ / (L) __________

Date Whelped: __________________

Sire: ______________________________________________________

Dam: _____________________________________________________

Breeders: _____________________________________________

This is a contract and will act as a bill of sale for Buyers listed above.  Buyer agrees to conduct any and all business within the guidelines established by this contract and to adhere to the rules and regulations of the American Kennel Club (AKC) regarding breeding, showing, record keeping and any other applicable regulation with regards to this animal.  Registration papers will be issued when purchase price is paid in full, this contract is returned to Breeder/Seller/Owner.  Any clause in this contract declared invalid by law shall not terminate or invalidate the remainder of the contract.  Effective as of __________ (date), the seller delivers to the buyer the above described puppy for the amount of $___________. Sale of this puppy is made subject to the following terms and conditions. 

GUARANTEES

Seller guarantees the puppy described above to be free of the following faults, to be evaluated, tested or discovered prior to the puppy turning 3 years of age. 

A)     Hip Dysplasia/Elbow Dysplasia. For proof of this, Seller requires a copy of the OFA evaluation.  Seller must be contacted immediately upon receipt of this information.  Microchip number must be included on the OFA certificate and be confirmed by the examining veterinarian. 

B)      Hereditary Eye Abnormalities: For proof of this, Seller requires 2 veterinary ophthalmologists written reports using the CAER protocol and forms which results in non-passing.  Microchip number must be on the CAER form and confirmed by the examining veterinarian. 

C)      Undershot Bite: For proof of this, Seller must personally view the puppy’s bite, or have the puppy examined by a veterinarian of the Sellers choice. 

D)     General Health: Seller guarantees the general health of the puppy for a period of 72 hours from date of delivery.  Seller requires that the puppy be examined by a veterinarian of the buyer’s choice at the buyer’s expense during this time.  Seller shall be informed immediately of any condition found on said examination and shall receive a written report from the examining veterinarian.  

E)      Other Disqualifying Faults: Seller guarantees that this puppy will not possess any fault described as a disqualification in the AKC Miniature American Shepherd Breed Standard. For proof of this, Seller must personally view the puppy or be provided with photographs that sufficiently show the fault.

CONDITIONS OF REPLACEMENT

If this puppy is found to have any of the conditions listed above prior to reaching its 3^rd birthday, after appropriate documentation and verification, Seller offers the following options to the Buyer.  The following options are non-transferable, and will be void if puppy is sold or given away. 

A)     Buyer may keep the puppy.  Following documentation and verification by the Seller and or licensed veterinarian that the dog in unfit as a breeding animal, Buyer will be entitled to a credit of 50% of the initial purchase price to be applied toward a replacement puppy.  The first puppy must then be spayed/neutered and written notice of this procedure supplied to Seller from the veterinarian performing the procedure.  AKC and UKC registration papers or litter papers must be returned to the Seller.  Seller will provide Buyer with a replacement puppy of comparable value, when one becomes available within 2 years of notification and verification of the fault.  All shipping costs are at the Buyers expense.  

B)      Buyer may return animal to Seller. AKC and UKC registration or litter papers must be returned with the animal to the Seller. Seller will provide the Buyer with a replacement animal of comparable value when one becomes available within 2 years of notification and verification of fault.  All costs of shipping are at the Buyers expense.

C)      All reasoning’s of why a replacement is owed must be kept between Seller and Buyer. If a third party is notified with information as to why a replacement is owed, all conditions become null and void. 

CONDITIONS OF SALE

1)       Buyer retains full rights to show this animal in any competitive event, although it is agreed that the first priority will be conformation events until the animal shows mastery of skills required, or until completing AKC conformation championship.  The Seller reserves the right to exhibit this animal given proper notice and arrangements with the Buyer with all expenses being the responsibility of the Seller. Buyer will make dog available to Seller.

2)       Buyer agrees to have OFA Hip/Elbow certification completed at 2 years of age and CAER examinations annually and to provide copies of these certificates to the Seller.  The Buyer further agrees to provide the best quality veterinary health care on a regular basis and immediately upon any injury or illness including but not limited to completion of puppy vaccination series, annual examination and vaccination, monthly heartworm and flea prevention, deworming and dental care as needed.

3)       It is understood that this puppy is being purchased as a potential show and breeding quality animal.  Buyer agrees to act as insurer in this respect and to give the animal every opportunity to succeed in performance arenas by providing proper conditioning including but not limited to proper hair coat care, proper diet to ensure optimum weight, exercise, grooming, training and presentation for the breed including possible services of professional handler, if deemed necessary. 

4)       Buyer agrees not to breed this animal without OFA breed registry number for both hips and elbows, eyes certified clear/passing by an ophthalmologist and recognized by CAER, and until the dog is a minimum of 2 years of age, has a correct scissors bite and is deemed to be a good representation of the breed standard as described by AKC. 

5)       This dog shall not be bred or used in any mixed breed or miniature/toy Australian Shepherd breeding program nor will any of its offspring be sold to such a breeding program.  A penalty of $10,000 will be paid to the breeder if this should occur.   Payment will be made to the breeder immediately upon request.  _____________ (buyer must initial)

6)       The buyer may not neuter the above dog without written consent from Seller.

7)       This puppy must carry only the WIGGLE RUMP kennel name in its registered name.   

STUD DOG CONDITIONS

1)       This dog will not be bred before (unless otherwise mutually agreed upon by Buyer and Seller):

1)       He has finished his AKC breed championship; and

2)       He is OFA certified for hips and elbows with a passing rating; and

3)       His eyes are cleared within one year of breeding date by a qualified veterinary ophthalmologist. 

4)       He has a negative brucellosis test performed by a licensed veterinarian. 

2)       Bitches bred to this dog will have their eyes certified by CAER as free from hereditary eye defects within one year of breeding date, have hip and elbow radiographs certified by OFA as free from hip/elbow dysplasia, and have a current brucellosis test.  Bitches must therefore be a minimum of 2 years of age and of suitable quality as to be a good representative of the breed. 

3)       The stud fee for this dog will be a minimum of $1,200. 

4)       Seller retains breeding rights to above dog, free of charge to any bitch he owns, co-owns, or leases. Buyer agrees to sign all registration applications. In the event semen needs to be shipped to the Seller, it will be at the Sellers expense. 

5)       Seller reserves the right to collect and freeze semen on the above animal, at Sellers expense. Buyer agrees to sign a transfer of ownership on all semen to the Seller. This semen will be intended for use on bitches owned, co-owned or leased by Seller.  

6)       Buyer agrees not to breed this animal without OFA breed registry number for both hips and elbows, eyes certified clear by an ophthalmologist and recognized by CAER, and until the dog is a minimum of 2 years of age, has a correct scissors bite and is deemed to be a good representation of the breed standard as described by AKC. 

7)       Both parties will be mutually responsible for entertaining all stud inquires and approval. Any and all outside stud fees will be paid solely to the Buyer.  

8)       This dog shall not be bred or used in any mixed breed or miniature/toy Australian Shepherd breeding program nor will any of its offspring be sold to such a breeding program.  A penalty of $10,000 will be paid to the breeder if this should occur.   Payment will be made to the breeder immediately upon request.  _____________ (buyer must initial)

CONDITIONS OF CO-OWNERSHIP

1)       This dog will not be used for breeding unless it is approved by the Breeder/Seller. Any get produced by this dog either willfully, or by accident while it is co-owned with the Seller, will not be registered without Seller’s consent.

2)       Buyer agrees to breed to only clear stock, as outlined in Parts 1-8 of Stud Dog Conditions.

3)       This dog is to live with Buyer. All expense to maintain a healthy pet and show dog is the responsibility of the Buyer. This includes, but not limited to: vet bills, dog food, show entry fees/expenses, etc. 

4)       Shipping expenses; Veterinarian issued Health Certificate, USDA Vet Fees and any related costs involved to ship this puppy will be at the Buyers expense. 

5)       Both Buyer and Seller acknowledge this puppy is a show prospect. Many things can go wrong as a puppy matures which may deem this puppy as “not breeding quality.” 

GENERAL EXPENSES

Buyer assumes all expenses of medical care, feeding, housing, upkeep and any other expenses including those relating to breeding or possible replacement of the animal. 

In the event that the animal is to be shown in any type of competitive event, the following conditions shall apply for responsibility of expenses for said animal, including but not limited to entry fees, professional handling fees, advertising, boarding, health certification, shipping and traveling expenses. 

If animal is not to be shown by Buyer, it must be shown by Seller, or by a handler approved by Seller at the expense of the Buyer.  The Buyer agrees to furnish 2 professional photographs of points earned as well as photographs of any titles earned along with a copy of the certificate of titled earned. 

SELLERS RIGHTS RESPONSIBILITIES OF BUYER

Buyer agrees to inform Seller in writing prior to any change of address or telephone number. 

Buyer agrees to provide adequate shelter including shade, a kennel of appropriate size for the animal, adequate food and fresh water will be provided at all times as befits an animal in show condition.  

In the event the Buyer is accused of any form of animal cruelty, neglect or inhumane treatment the Buyer forfeits ownership to the Seller and the animal will be returned immediately to Seller with appropriate registration papers with no money owed to buyer.

Under no circumstances shall this animal nor any of its offspring be sold to a Commercial Breeder, Pet

Store or Pet Broker, or will it be placed in any animal shelter or rescue organization.  If at any time the Buyer is unable to keep this animal, they agree to return it immediately to the Seller.  The Seller is always available to provide a home for the lifetime of every puppy we sell no matter what the circumstances or age of the animal.  This dog may only be sold/given to another person with written permission from the breeder.  A $5,000 penalty will be paid immediately to the Seller if this term is violated.  ________________ (Buyer must initial)

TERMINATION OF GUARANTEE

Buyer agrees by signing this document to be bound by the terms herein.  Should buyer not adhere to this contract in every way, all guarantees become null and void. 

DISPUTES AND ATTORNEYS’ FEES

Should a dispute arise under this agreement, all parties hereby agree to submit to the American Arbitration Association or The American Kennel Club’s arbitration program in accordance with the rules and regulations of those organizations.  In the event that any suit or action may be brought or instituted by the parties hereto, the prevailing party shall be entitled to receive from the other party all costs of suit including reasonable attorney fees. 

In the event that an attorney is required to enforce any provisions of this agreement, the party in default shall pay said fees whether or not suit is brought. 

The venue for any and all disputes and/or legal actions will be conducted in the Seller’s current County, State, Country.

No GUARANTEE exists as to the future show success, potency, or breeding results except those specified above. 

Signature of Buyer _______________________________________________________Date__________

Signature of Seller________________________________________________________Date__________