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This contract is entered into between Sierra Mini Aussies (hereinafter "SELLER") and ** (hereinafter BUYER).  

This is to certify that the dog known as “**,” (description of dog and DOB) was sold to ** on ** for the total sum of **, receipt of which is hereby acknowledged. The DOG is a purebred Mini Aussie, sired by ** and out of **.  Registration papers with appropriate Mini Aussie registry (ies) will be provided as set forth in this Contract.  The registration papers will include, as the first word of the DOG’S registered name, the SIERRA kennel name.

SELLER warrants that the DOG is the progeny of breeding dogs examined and cleared free of eye defects, and x-rayed and cleared free of hip dysplasia.

BUYER AND SELLER AGREE TO THE FOLLOWING PROVISIONS OF THE SALE

SELLER makes the following assertions at the time of BUYER taking possession of the DOG:

1.                  The DOG is in good health, free of known contagious diseases and has had vaccination(s) required for its age at the time of this agreement.

2.                  The DOG’S eyes have been examined by a canine opthamalogist, the written results of which examination are provided to BUYER.

3.                  Between seven and eight weeks of age, The DOG had a physical examination, including palpitation of knees, hips and elbows, performed by a qualified veterinarian.  The results of said examination are orally provided to BUYER.

BUYER agrees to have the DOG examined by a licensed veterinarian within 48 hours (not including weekends) of receipt of the puppy. If the DOG is determined to be in poor health, as evidenced by a veterinarian's statement, BUYER can elect to keep the DOG, assuming all costs for its care, or may return the DOG for a full refund upon SELLER'S receipt of the veterinarian's statement regarding the puppy's health. This provision will expire 48 hours (not including weekends) after BUYER takes possession of the DOG.

BUYER certifies, by signing this agreement, that the DOG will live with BUYER, be confined by a secure, fenced yard, will have adequate exercise, nutritious food and necessary health care from a licensed veterinarian, including all puppy vaccinations and thereafter, yearly vaccinations. BUYER also certifies, by signing this agreement, that he/she is not acting as an agent in this purchase; that BUYER will not resell this puppy to a pet store, guard dog business or medical research facility.

SELLER guarantees the DOG against any inheritable/genetic eye defects for two (2) years (except for colabomas) and against hip dysplasia up to the age of 25 months.  SELLER asserts and BUYER understands that all known precautions are taken by SELLER to avoid the occurrence of hip dysplasia, however, the condition continues to exist in the Australian Shepherd breed, including the size variation known as "Miniature Australian Shepherd."  

SELLER makes no guarantee regarding loss of the DOG because of accidental death, theft, sickness, etc., or any other loss beyond SELLER'S control, except as stated above.  If the DOG develops any inheritable/genetic eye defect within the first two years of its life, or be diagnosed by a canine radiologist,  within twenty-five (25) months from the date of birth, as having hip dysplasia, BUYER may return the DOG to SELLER for a replacement puppy of equal quality, selected by SELLER, from a future litter.   A replacement puppy is provided only upon return by the SELLER of the puppy sold under this contract.  A replacement puppy is a replacement, not an additional pup.  

SELLER reserves the right to have a second veterinarian of her choice evaluate the DOG’S condition before the warranty will be honored, except in the case of OFA evaluated hip x-rays.  BUYER may elect to keep the DOG, in which case, BUYER agrees to promptly neuter the DOG, providing a copy of the veterinarian's neuter certificate to SELLER, and, if necessary, changing the registration of the DOG to indicate that the dog is not to be bred.   Under no conditions and at no time during the life of the DOG will SELLER pay or assist in paying veterinary expenses after the DOG is purchased, including any such expenses directly or indirectly related to any inheritable/genetic defects.

BUYER understands that payment is due at the time buyer takes possession of the dog or, if being shipped, prior to shipping date. Balance of purchase price is to be paid in cash or by cashiers check made payable to Marilyn Gadberry.

ADDITIONAL CLAUSES

As of the date of this Sales Contract, the DOG is deemed to be ** (see below for choices).

SELLER retains right of first refusal if, at any time in the life of the DOG, BUYER is unable or unwilling to keep the DOG.  If BUYER desires to sell the DOG, BUYER agrees to contact SELLER and allow SELLER the first opportunity to purchase the DOG.  If SELLER exercises the right of first refusal and takes the DOG back with the intention of selling the DOG to another buyer, SELLER agrees to pass whatever amount of money SELLER receives for the sale of DOG on to first BUYER, less any veterinary or other expenses that SELLER incurs as a direct result of first BUYER'S ownership of the dog. SELLER will not charge BUYER any commission or fee for selling the DOG. SELLER also retains right of first refusal to take the DOG back should BUYER wish to place the DOG in a new home, but does not wish any money back. If SELLER declines to exercise the right of first refusal, either to purchase the DOG back or take the DOG back with no monies exchanged, SELLER may assist BUYER in finding a new home for the dog. If BUYER finds a new home for the DOG, BUYER agrees to provide SELLER with the name, address and phone number of the new owner. SELLER makes no guarantees regarding finding a new home for the DOG, but will make its best efforts to assist BUYER with finding a new home.

The Sales Contract is non-transferable. Should BUYER relinquish ownership in the DOG, for any reason, this Sales Contract shall be deemed null and void. 

Although there are no plans at present to stop breeding Mini Aussies, the above guarantees are valid only so long as SELLER is breeding said dogs.  Should SELLER cease breeding said dogs, for any reason, this Sales Contract will become null and void.

In the event of a dispute, the State of California, County of Fresno, will have jurisdiction over the matter.

(Signatures)

Show/Breed Quality, which is defined as a puppy that has the potential to be shown and titled in the conformation ring and could be used for breeding. Said puppy will be free of disqualifying faults at maturity as determined by the breed standard. Maturity is the period from six months of age until the dog becomes a champion of record or two (2) years of age, whichever comes first.  SELLER does not guarantee that the DOG will attain a championship or title if shown in the conformation ring.  Registration of the DOG will be in the name of the BUYER with SELLER listed as co-owner until the DOG is either neutered and proof of neutering is supplied to SELLER, or the dog is bred according to this contract. 

SELLER does not guarantee that Show/Breed Quality pups will stay with size standards (i.e., 14" to 18" at the shoulders when fully matured).  If BUYER asserts that they are not buying the dog for breeding purposes, BUYER agrees that the dog will be neutered no later than six months of age.  Registration of the DOG will be in the name of the BUYER with SELLER listed as co-owner until the DOG is either neutered and proof of neutering is supplied to SELLER, or the dog is bred according to this contract.  All pedigree information will be held by SELLER pending receipt of proof of neutering.  If BUYER should desire to breed the DOG, the following will be completed by and agreed to by BUYER prior to breeding the dog:

BUYER agrees to have the hips and eyes of the DOG examined and cleared by qualified veterinarians of BUYER'S choice and at BUYER'S expense prior to BUYER breeding the DOG.  BUYER further agrees to obtain proof that the hips and eyes of any potential mate to the DOG have been examined by a qualified vet and have been cleared prior to breeding the DOG and the potential mate.  If the hips and eyes of the DOG do not clear, BUYER agrees to not breed the DOG at all, and to immediately contact SELLER if the examinations and results thereof are within the first two years of the DOG’S life.  If the DOG’S eyes and hips clear but the eyes and hips of the potential mate do not clear, or have not been examined by a veterinarian specializing in the examination of canine hips or canine eyes, BUYER agrees to not breed DOG to that particular potential mate. Failure to comply with this provision will result in forfeiture of the DOG and return of the DOG to Seller.

Pet Quality, which is defined as a puppy that has a disqualifying fault or other shortcomings that precludes showing and/or breeding. Said fault will not prevent the puppy from living an otherwise normal and healthy life. Pet quality pups are sold on a spay/neuter contract, with neutering being required no later than the age of six months. SELLER will hold all pedigree information and registration papers pending receipt of proof of neutering.

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