Ailea's Place - Sample Contract

~ Ailea's Sample Contract ~
~ for Pet Sheltie: Puppy or Dog ~

Copyright protection has been removed from this page
to allow reader free access to copy all or any part of this Contract For Sale
for purposes of using this contract in creating their own contract,
permission for all of which is freely and expressly hereby given ~Amy Butcher

This contract is typical of Ailea's contract for sale of a young puppy.
Each new Ailea contract is molded to each Sheltie's and new home's individuality.
Never fear to question what is *proposed* in Contract.
No suggestion, request or question will EVER be ignored!

This is a legally binding contract; you may wish to consult an attorney before signing.

On this __ day of ___, 20__, Ailea Shelties by Amy C. Butcher (Breeder), agrees to sell the following Shetland Sheepdog (Sheltie) to: (name, address and phone of purchaser inserted here) (Purchaser), under the following terms and conditions:

***A Complete description of THE***
***Sheltie IS inserted here***

GENERAL PROVISIONS

In the event this Sheltie must be shipped to Purchaser, Purchaser agrees to pay all costs associated with shipping, including providing an appropriate travel crate, paying the cost of transportation, and costs incidental in obtaining a travel health certificate from Breeder's veterinarian. Transportation costs will be in addition to the purchase price, and must be paid by Purchaser to Breeder in full prior to shipment. Purchaser shall forever hold Breeder harmless for any and all shipping costs or costs incidental to shipping this Sheltie.
It is agreed delivery of this Sheltie shall be made to Purchaser upon payment by Purchaser to Breeder of the initial sum of $600.00, the price of a pet not for breeding (price to purchase a Sheltie for breeding is $2500.00). The final payment of $1900.00 due and owing Breeder by Purchaser, is due to be made on or before the _____ day of __________, 20__, or before this Sheltie is nine months of age. AKC papers will be withheld by Breeder, and full ownership will not be transferred, until full payment is made.
Breeder warrants the Sheltie transferred herein is purebred, is representative of the Sheltie standard, and is structurally and temperamentally suited to be a family pet and/or performance dog. It is, however, Breeder's opinion this Sheltie is not of a quality suitable for breeding, but should be surgically spayed/neutered between the ages of six months and nine months. The AKC papers on this Sheltie, which will be delivered to Purchaser upon final payment, will be filled out for a "limited registration," which means if this Sheltie is ever bred, whether purposely or accidentally, any puppies resulting cannot be registered with AKC.
In the event Purchaser provides to Breeder proof of surgical spay/neuter of this Sheltie before the _____ day of __________, 20__, or before this Sheltie is nine months of age, Breeder will accept such proof of neuter as proof Purchaser will not be breeding this Sheltie, and the final payment of $1900.00 will be waived. Proof of surgical spay/neuter shall include the name, address and phone number of the veterinarian or animal clinic performing the procedure, as well as identifying information about this Sheltie.
In the event Purchaser does not provide Breeder with proof of surgical spay/neuter of this Sheltie before the ____ day of __________, 20__, or before this Sheltie is nine months of age, Breeder will accept same as evidence Purchaser intends to breed this Sheltie, and the balance of $1900.00 will be immediately due and owing to Breeder. Purchaser shall pay to Breeder the remaining $1900.00 on or before the ___ day of _______, 20__, or may return this Sheltie to Breeder along with this Contract, with no refund in any amount due from Breeder to Purchaser.
In the event legal action is required by Breeder to collect the balance due, or to compel return of this Sheltie to Breeder, any such action shall be brought in Breeder's jurisdiction, and Purchaser will be charged with all legal fees including attorney's fees, court costs, and any other costs incidental to bringing such action.
Purchaser agrees Breeder shall be permitted to have the identifying kennel prefix "Ailea" appear at the beginning of any registered name which may be decided upon for this Sheltie, unless otherwise agreed to in writing.

TEMPERAMENT GUARANTEE

Breeder guarantees this Sheltie is temperamentally suited as a pet and/or obedience or performance dog. Though most dogs found in shelters, rescues or humane societies are there due to behavioral or temperament problems which occur, most of these problems could be eliminated entirely by simply following the guidelines set out below, which are the conditional requirements for enforcement of Ailea's temperament guarantee. Temperament of this Sheltie is guaranteed IF the following conditions are met:

This Sheltie must complete a puppy/basic obedience class by age nine months, at an approved or accredited training center.
This Sheltie must be spayed/neutered, and proof of such provided to Breeder as described above.
If there is a problem with this Sheltie's temperament, this Sheltie must be examined by a qualified animal behaviorist at Purchaser's expense. Purchaser forever holds Breeder harmless for changes incidental to this examination.
Only if the temperament flaw is determined by the behaviorist to be genetic, and the behaviorist provides to Breeder written indication of such, will Breeder repay to Purchaser the purchase price paid ($600 for spayed/neutered, $2500 for breeding).
If this Sheltie is determined by the behaviorist to be a danger to the public, regardless of whether the problem is genetic, this Sheltie will be humanely destroyed and Purchaser agrees specifically to these terms, and shall forever hold Breeder harmless of same.

PUPPY/BASIC OBEDIENCE

Please note: unruly, untrained dogs often end up unwanted. Beginning training classes are required for enforcement of the Temperament Guarantee provided by Breeder, and are necessary for any family dog to insure a happy relationship in his/her new home. Breeder may provide Purchaser the names and locations of local acceptable training facilities. In the event, due to location, Purchaser is unable to utilize training facilities local to Breeder, Purchaser agrees to search for a training center in Purchaser's area and Breeder may offer support and assistance to this end. Purchaser agrees, upon completion of the puppy or basic obedience course, to furnish Breeder with evidence of completion of the class. A note from the instructor will be sufficient for this purpose. Upon receipt of such evidence of completion of the basic obedience class, Breeder will refund to Purchaser the sum of $50 of the original purchase price paid herein. This refund is a one-time payment only, good for completion of only one obedience course, and will be a subtraction from the total purchase price paid.

GENERAL HEALTH GUARANTEE

This Sheltie is guaranteed for ___ days from the date first above written, against health irregularities which may render this Sheltie unsuitable as a pet. Roundworms, normally found in puppies, do not qualify as an unsuitable health irregularity. This guarantee is only effective if Purchaser has this Sheltie examined by a reputable veterinarian during this ___-day period, and the veterinarian presents to Breeder written findings of any such irregularity. It is therefore strongly recommended that Purchaser have this Sheltie examined by a vet during this ___-day period. Upon veterinary documentation of unsuitable health, this Sheltie and this contract should be returned to Breeder immediately and a full refund of the purchase price will be given for any Sheltie found unsatisfactory during the first ___ days due to such a health irregularity.

This Sheltie has been vaccinated and wormed as follows:

DATE	VACCINATION	WORMED
_______________	_______________	_______________
_______________	_______________	_______________
_______________	_______________	_______________
_______________	_______________	_______________
_______________	_______________	_______________
_______________	_______________	_______________
_______________	_______________	_______________

GENETIC GUARANTEE

No other guarantee, express or implied, is given. Ailea Shelties strives to breed genetically healthy Shelties, and tests, and requires tests, on all breeding animals for diseases for which tests are available, but cannot be certain what genetic imperfections might exist in any Sheltie produced or sold, so guarantee that a genetic condition will not occur cannot be made. However, compensation will be made in the case of an hereditary defect or health condition (including genetic heart irregularities, hip dysplasia, eye diseases, bleeding disorders, dermatomyositis, early-onset hypothyroidism, certain liver or kidney problems) which may develop before this Sheltie reaches the age of eight (8) years, to the extent it renders this Sheltie unsuitable as a pet, and such is diagnosed and documented by a reputable veterinarian. Should such an hereditary defect be diagnosed, Breeder may require a second opinion from a veterinarian of Breeder's choice in Purchaser's area, cost to be assumed by Purchaser. In this instance, Breeder agrees to refund to Purchaser up to 1/2 the purchase price, or pay directly to the treating veterinarian, up to the full purchase price for treatment of such an hereditary condition. Purchaser will not be required to return the defective Sheltie to Breeder, although Breeder will happily accept return of this Sheltie at any time, for any reason.

OTHER REFUND CONTINGENCIES

This Sheltie may be returned to Breeder for reasons other than health irregularities during the ___-day general health guarantee period mentioned above. Amount of refund on a Sheltie returned within this ___-day period for reasons other than health suitability will be subject to a non-refundable $100 fee for expenses reasonably incurred on the part of Breeder.

This Sheltie may be returned to Breeder, with accompanying AKC registration, at any time during this Sheltie's life, for any reason. Amount of refund on a Sheltie returned after the above-mentioned ___-day period has expired may be up to full purchase price less $100 to cover expenses, at Breeder's sole discretion.

EXPECTED QUALITY OF CARE

Purchaser agrees to provide this Sheltie with quality care, including annual (or otherwise recommended) visits to the veterinarian for vaccinations and health checks, and with regular maintenance care including heartworm prevention, grooming, bathing, brushing, trimming, dental care, and further agrees to provide this Sheltie with a nutritional diet suitable to this Sheltie's quality and expected longevity of life. Purchaser agrees this Sheltie shall be a loved family pet living in Purchaser's home, and not maintained in a kennel or outdoor situation.

FIRST RIGHT OF REFUSAL - RE-HOMING

For the entire life of this Sheltie, Purchaser may return this Sheltie to Breeder for any reason. If at any time Purchaser cannot keep this Sheltie, any subsequent placement of this Sheltie must be approved by Breeder in writing, or the Sheltie must be returned to Breeder. This contract and the AKC papers must be surrendered at that time. At Breeder's discretion, upon re-homing of this Sheltie by Breeder, Purchaser may be refunded up to one-half the initial purchase price.

Under no circumstances may this Sheltie be disposed of at a pound, humane society, animal shelter, dog rescue organization, pet store, other breeder, or given to an individual associated with a puppy mill. Breeder and Purchaser both expressly agree that such a placement of this Sheltie would damage the reputation of Breeder in an amount that cannot possibly be determined. Therefore, the parties agree that the sum of $5,000 shall be due and payable by Purchaser to Breeder as liquidated damages for any such sale or placement in violation of this contract.

BREACH OF CONTRACT

If any of the conditions of this contract are not met by Purchaser, Purchaser agrees immediately upon request by Breeder in writing to do so, to return this Sheltie and this contract to Breeder, with AKC registration papers properly endorsed. In the event Purchaser fails to return this Sheltie to Breeder when requested in writing to do so for failure to meet contractual obligations, Breeder reserves the right, and Purchaser expressly grants Breeder the right, to pursue any and all remedies as provided by law in addition to any compensatory or other damages due Breeder under this contract, including but not limited to, pursuit in the appropriate court having jurisdiction over such matters, return of the Sheltie to Breeder, including damages, attorney fees and court costs, as well as the right of Breeder or Breeder's appointed agent to enter onto Purchaser's property for the purposes of retrieving the Sheltie, to all of which Purchaser expressly agrees. Failure on the part of Breeder, in any one circumstance, to pursue remedies under this paragraph does not void Breeder's right to do so at any other point in the future.

GENERAL DISCLAIMERS

Any puppy or dog going into a new home may be a bit unsure of himself until he becomes completely familiar with his surroundings. Please give your new Sheltie a chance to find his niche in your family pack! I know you will be glad you did!

Breeder cannot be held liable for any problems or conditions which may develop in this Sheltie due to environmental factors. Determination of environmental factors may be made by a certified veterinary health professional (either a reputable veterinarian or accredited animal behaviorist) at Purchaser's expense. Purchaser may return any Sheltie for any condition caused by environmental factors, with any amount of refund of purchase price being solely Breeder's discretion.

This contract shall be governed by the laws of the state of North Carolina, and if any provision of this contract shall be found to be illegal or invalid, the remainder of the contract shall not be affected and will remain in full force and effect.

In no case or event will this transaction be considered completed until all terms and conditions of this contract are fulfilled by Purchaser. In the event all terms and conditions of this contract are not met by _______________ (date) then this contract shall be deemed null and void, with immediate return of the Sheltie to Breeder a mandatory condition.

In no case or event will Breeder's liability under this contract exceed the initial purchase price paid by Purchaser to Breeder for purchase of the Sheltie being transferred herein. If you cannot trust that Breeder has fully and honestly disclosed the health and condition of this Sheltie; if you question or doubt the integrity of Breeder to the extent you feel this contract in an imbalanced state regarding limits of liability, then my suggestion is for you to seek another breeder.

This contract is legal and binding, and will be used for action if deemed necessary.