CONTRACT FOR THE
THIS AGREEMENT is made on the day of 200 .
(date) (month) (Year)
BETWEEN:
A. Stephen Lamplough of
AND
B. of in the State of
(‘The Buyer’)
By (‘Sire’)
Name of Puppy Name of Sire
From (‘Dam’)
Name of Dam
OR
THIS CONTRACT IS IN RELATION TO A PUPPY FROM THE LITTER DUE ON APPROXIMATELY (Insert Date)
FROM THE DAM (Insert Name of Dam)
AND BY THE SIRE (Insert Name of Sire)
BACKGROUND:
A. The Breeder owns and has bred the above described puppy.
B. The Buyer wants to buy the puppy from the Breeder.
C. The Breeder sells and the Buyer buys the puppy on the terms set out in this agreement.
TERMS OF THE AGREEMENT:
1. The Buyer agrees to buy the puppy from the breeder for the sum of $
2. The Buyer must pay a non-refundable deposit in the sum of ………. within 48 hours of being notified of the birth of the puppy or on signing of this contract. (Delete if not applicable).
3. The Buyer will pay the balance of the purchase monies (being $ ) on delivery of the puppy.
4. ‘Delivery’ is deemed to occur when all monies due under this contract have been paid and the puppy is physically in the possession and control of the buyer.
5. `The puppy is registered on the Main Breed Register of the ABRD Registry which will allow the Buyer to breed and register offspring. The Buyer agrees only to breed to improve the breed and agrees not to breed any unregistered litters. The Buyer agrees to breed only in accordance with the code of ethics of the American Bulldog National Breed Council of Australia.
6. Ownership of the puppy shall pass to the buyer only when the following has occurred:
(a) The Balance of the purchase price in the sum of $ has been paid to the Breeder;
and
(b) Completion of delivery to the Buyer has occurred and physical possession and control of the puppy is in the hands of the buyer.
7. At all times prior to the ownership of the puppy passing to the Buyer under clause 2, all right, title and interest in the puppy, including but not limited to, the right to make decisions in relation to the care and welfare of the puppy, shall remain with the Breeder.
Immunisation
8. The Breeder warrants that the puppy has been received the following immunizations:
(a)
(b)
And the Buyer acknowledges that while immunization is effective, it is no guarantee that such diseases will not manifest in the puppy.
9. The Breeder warrants that the puppy has been examined by a veterinarian and the Veterinarians Certificate detailing the results of that examination is attached.
10. The Buyer agrees to make no claim against the Breeder in relation to any adverse affection noted in the attached veterinarian’s certificate.
11. In the event that the puppy develops any illness within 7 days of delivery the Breeder agrees to take back possession of the puppy and refund in full the purchase price paid by the Buyer.
12. In the event that the Breeder takes back possession of the puppy under clause 11 and refunds the purchase price to the buyer, the Breeder shall resume ownership of the puppy and shall arrange for any necessary treatment and all right, title and interest in the puppy reverts to the Breeder, including but not limited to, the right to make decisions in relation to the care and welfare of the puppy.
13. In the event that the Breeder is not notified of any illness or if the possession and ownership of the puppy does not revert to the Breeder, the Breeder will not assume any liability for any costs incurred by the Buyer in relation to the illness of the puppy including but not limited to, veterinarian costs, and the Buyer agrees to make no claim on the Breeder for payment of or recovery of any such costs.
14. The Breeder discloses the pup has been / has not been diagnosed with the following health problems accompanied by a veterinarian certificate and is otherwise healthy at time of sale.
(a)
(b)
15. The Breeder discloses that the following genetic tests have been conducted on the puppy.
(a)
(b)
16. The Breeder discloses that the following genetic tests ] have been conducted on the parents of the puppy and no adverse affection has been revealed by the tests:
The Dam: (a)
(b)
The Sire: (a)
(b)
17. The Breeder agrees to either replace the pup with another one from the Breeders other litters when available, this will not nessasarily be of the same bloodline or if this is not practical the Breeder will fully refund all monies paid by the Buyer for the purchase of the puppy in the event that any genetic disorder manifests itself in the puppy within 24 months of the date of delivery. In either event the Breeder will take back possession and/or decisions concerning that of the original puppy.
The Buyer agrees to make no claim on the Breeder in relation to the presence of any genetic disorder that presents itself in the puppy on a date more than 24 months after the date of delivery to the Buyer.
18. The Breeder does not assume any liability for any injury sustained by the puppy after delivery is completed and the Buyer agrees to make no claim on the Breeder for any injury sustained by the puppy after delivery.
19. The Breeder does not assume any liability for any loss of the puppy after delivery and the Buyer agrees to make no claim on the Breeder in relation to any loss of the puppy.
20. The Buyer agrees to notify the Breeder in the event that any adverse affection manifests itself in the puppy within 7 days of delivery.
21. The Breeder does not assume any liability for any veterinarians or transportation accounts incurred in relation to the puppy.
22. The Buyer warrants that they will report any defects, illness or any other concerns in relation to the puppy at any time during the lifetime of the puppy to the Breeder. The purpose of this clause is to enable the Breeder to keep accurate records in relation to the health of the dogs bred by the Breeder. Notwithstanding this requirement, the Buyer is deemed to have accepted the puppy and waived any claim against the Breeder in the respect of any defect, illness or concerns that is not reported to the Breeder within the time periods stipulated in this contract.
23. The Buyer agrees to take care of the puppy in accordance with any instructions given by the Breeder and in accordance with good management
24. The parties hereby agrees that the Sale of Goods Act does not apply in respect of the this transaction and that the Breeder does not warrant that the puppy is fit for any particular purpose and the Breeder makes no warranty in relation to the suitability of the puppy for any purpose nor any warranty as to the success of the puppy at show or stud either now or in the future.
EXECUTION
Stephen Lamplough )
(Print Name of Breeder) ) Signature of The Breeder
)
In the presence of: )
Signature of Witness
Print Name of Witness
Address of Witness
)
(Print Name of Buyer ) ) Signature of The Buyer
)
In the presence of: )
Signature of Witness
Print Name of Witness address of witness
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