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ON THE BALL AUSSIESPuppy Deposit and Sales agreementDate:________________Buyer Name:____________________________Buyer Address:__________________________ __________________________Buyer phone;___________________________Buyer Email:__ __________________________On the Ball Aussies (Seller) has agreed to sell and the below names (Buyer) has agreed to buy one Australian Shepherd dog for the purchase price names below. Below are a list of terms and conditions the buyer has agreed to follow. PUPPY BEING SOLD:Breed:__Australian Shepherd _ ( )TOY ( )MINI ( )STANDARD *Seller can only estimate sizes and will not guarantee their size Sex: ( ) MALE ( ) FEMALE Color:_ _______________________________From Litter: ___ ___________________________Date of Birth :__ ___________________________Eye Color: _______________________________Registry: ( ??) ASDR ?( ? ) NONE PET ONLY ( ? ? ) BREEDING RIGHTS ( ? ? ?)*** MUST SIGN SEPARATE ADDITIONAL CONTRACT Microchip # ______________________________Genetic Testing:DAM:?HC - ?? ? ? ? ?PRA/PRCD- ? ? ? ? ? ? ? ?MDR1- ?? ? ? ? ? ? ? CEA? ( )All Clear ( )NONE?SIRE: ??HC- ? ? ? ? ? ? PRA/PRCD- ? ? ? ? ? MDR1- ?? ? ? ? ? ? ?CEA ? ? ? ? ? ? ? ? ?? ? ? OFA- ?? ? ? ?( )All Clear? (??) NONE??If your puppy’s parents have been genetically tested, they were found to have the above traits. You will be responsible for Your Puppy’s testing. Any abnormalities or positive tests will be responsibility of buyer. Seller will not be responsible for test outcomes. ?____________(Initial)Any dog found to be AFFECTED (carrier of 2 copies of the same gene) by any of the genetic tests above has the following options (Proof of testing required): 1- the dog may be returned to seller and replaced with a new puppy (within 2 years of age). 2 – Puppy may be kept and a new puppy may be purchased for ? price. ____________(Initial) *MDR1 IS NOT INCLUDED in the guarantee. PURCHASE PRICE The purchase price of this puppy is $_______ Breeding rights are NOT automatically sold with any puppies!Price may vary for a pup with breeding rights. Breeding rights addendum must be signed*Part of this purchase price will be paid immediately with this agreement as a deposit to guarantee that the seller will hold the puppy for delivery to the buyer on the below specified delivery date. The balance of $_____, after crediting the deposit of $_____, will be paid in CASH OR CASHIER CHECK at the time of delivery of the puppy to the buyer. This purchase price does not include any delivery/ shipping charges or sales tax (if any) which is calculated separately. DEPOSIT A deposit in the amount of $______ is required to hold the puppy for the buyer. +UNDER NO CIRUMSTANCES will the deposit be refunded, unless listed below. Once buyer has picked their puppy they have one (1) week to change their mind. After one week, if buyer wants to pick a new puppy, a $100 fee will be charged. This does not go towards the final purchase price of the puppy. IF DEPOSIT IS TRANSFERED TO A PUPPY OF A HIGHER VALUE OR PRICE , THE BUYER WILL BE RESPONSIBLE FOR THAT PRICE OF THE NEW PUPPY. THE PRICE OF THE PUPPY BEFORE WILL NOT BE TRANSFERABLE.Deposits on puppies that are 7-8 weeks old and older will not be transferable.Seller reserves the right to void this transaction and refund the deposit if seller learns of any reason why buyer may not be suitable for the puppy – (I.e Buyer is found to be an animal abuser, violent person, representative of a pet store, representative of research company, or anyone who plans on breeding a ‘pet only’, ect). If the puppy is to die or become sick or for some reason unavailable, the deposit will be moved to the next available litter. Buyer is responsible for the new cost of the puppy, minus the deposit. If you have made a deposit, you must stay in contact with the breeder (seller) at least once every two weeks. If seller tries to contact buyer and buyer does not reply within 5 days of our first attempt, buyer will forfeit their deposit and the puppy will be put back up for sale. EARLY DEPOSITS:Any deposit placed on a puppy BEFORE they are born will have 1st pick of litter once they are born. Picks go in order of deposits (i.e. – 1st deposit gets 1st pick). Early Deposits have a MAXIMUM of 3 weeks to choose their puppy. If buyer hasn’t picked their puppy by 3 weeks, they lose their right to get 1st pick and all puppies will be offered back up for sale. Buyer may choose at any time the puppy of their choosing as long as puppy does not have a hold or deposit places on puppy. If no puppies are available, deposit will be transferred to a MAXIMUM of 3 litters. After 3 litters no holds will be placed for buyer, but deposit will still be transferred. Gender: ___________ Color:______________ Eye Color:_____________ Initial:____________*Only pups matching the above will be held for buyer* DELIVERY OF PUPPIES We do ship puppies and offer ground transportation. We will try to accommodate you the best as possible. We have several contacts for ground shippers. Price depends on which type of shipping you need. Air shipping will be a minimum of $350. DELIVERY DATE: The puppy will be available for buyer to pick up personally at ON THE BALL AUSSIES on ___________________. This date is based on our estimation of when the puppy will be naturally weaned and ready to leave its mom. All of our puppies stay with us for a minimum of 8 weeks. Some stay with us until they are 10-12 weeks. If seller is not contacted within five (5) days of pickup date, seller has the right to either put the puppy back up for sale OR charge the buyer $50 a week in boarding fees. If seller puts puppy back up for sale, deposit will be forfeited. Seller is allowed to change the pickup date as long as buyer is given 24 hour notice.HEALTH GUARENTEE Seller assumes no responsibility for this dog after it leaves seller's premises due to landlords disapproval, allergy too animals or disagreement of family.This puppy is guaranteed healthy at the time of sale. The puppy has had all shots and worming up that can be done in regard to its age and size. Your puppy has been dewormed several times since birth. Your puppy has also had its first puppy distemper shot. ***YOU HAVE 72HRS TO TAKE YOUR PUPPY FOR IT FIRST INITIAL VET VISIT. IF YOU FAIL TO DO SO YOUR HEALTH GUARANTEE IS VOID. By signing this contract, buyer waves the health guarantee if not examined during the three day period.***?You MUST FILL OUT AND SEND (Via email, facebook or mail) the form given to you for the first vet exam!Buyer is responsible for the first office visit and deworming once in the purchasers care. I urge all purchasers to have your dog checked by a licensed vet. The health and well being of our dog depends on the quality of care it is given. It is important to take your dog to the vet on a regular basis. You are responsible for any and all medical treatment the dog requires at your vet visit. If your vet wants to re vaccinate your puppy prior to the vaccines administered, that will be the purchaser’s responsibility. If the buyers vet finds a LIFE THREATENING INCURABLE CONGENTICAL HEALTH PROBLEM (EXCLUDING COMMON PUPPY ISSUES EX. HYPOGLYCEMIA, COCCIDIOSIS, MANGE, GUIARDIA OR WORMS) the sellers must be informed within 1 year of age. ?A written report from the examining diagnosing must be obtained and provided to the seller. The sellers vet shall be allowed to examine the puppy. Provided that the seller and the purchasers vet agree that there is in fact a LIFE HREATENING INCRUABLE CONGENTIAL DEFECT WHICH EXSISTED AT THE TIME OF PURCHASE, PURCHASER WILL HAVE THE OPTION Of:?1.Return the puppy for a complete refund (excluding sales tax)?2.Return the puppy for a replacement (if a more expensive puppy is chosen that the original then the balance is to be paid)?3.Keep the puppy and the seller will pay up to the purchase price listed above in Vet Expenses. (Any vet bills above the amount of the puppy will be the purchaser’s expense and the seller will not assist in the payment of the resulting amount.?HEALTH GUARANTEE DOES NOT COVER ANY PARASITE, LYMES, INTERNAL OR EXTERNAL AS THAT IS A TREATABLE CONDITION. ALL VET BILLS FROM HYPOGLYCEMIA, COCCIDIOSIS, KENNEL COUGH, MANGE, WORMS OR GIARDIA OR COMMON PUPPY ISSUES WILL BE THE PURCHASERS RESPONSIBILITY. HYPOGLYCEMIA IS NOT COVERED UNDER ANY WARRANTY OR GUARANTEE. IT’S YOUR RESPONSIBILITY TO MAINTAIN YOUR PUPS CARE WITH THIS CONDITION.?IF DEATH SHOULD OCCUR WITHIN THE 6 MONTH TIME PERIOD, AN AUTOPSY MUST BE PERFORMED TO DETERMINE THE CAUSE OF DEATH AT THE PURCHASERS mon puppy problems that occur that are either treatable, curable or non-life threatening is not warranted under this guarantee. If your puppy checks out OK at the first initial required vet visit then that is the limit of my warranty. Mishandling during delivery, or transport and improper care will not be the responsibility of the seller. Other the preceding guarantee, the seller assumes no responsibility for the puppies once they leave the premises. Your puppy can become stressed by shipping, adjusting to a new home, being handled; changing diets and his can bring on problems which include worms, cocidiosis, hypoglycemia ETC.The seller will estimate the size/ personality, color etc as accurately as possible but because there are so many factors involved in genetics the breeder cannot 100% guarantee these traits. Seller does not guarantee any genetics or the breeding potential of any puppyIf the puppy is shipped to its new home, shipping is responsibility of the buyer. If puppy is to be returned for any reason, including a congenital defect the buyer will pay for the shipping both ways.?Seller does not guarantee temperament. All of our puppies are raised in our home and have stable temperament for a puppy. We provide daily socialization with the puppies and they are socialized with other dogs once they are old enough. After buyer is in possession of puppy, it is their responsibility to keep the dog well socialized with people and other animals. Any negative exposure or bad experiences can leave long term damaging effects on the dogs and their personalities. Buyer agrees to keep the puppy healthy and stay current on all vaccines and procedures recommended by their vet. Disclaimer: Puppy must be seen by a licensed vet 72 hours after purchase. Puppy must stay on scheduled health plan with a licensed vet and receive the vaccinations as they are due. ?Anyone who fails to take the puppy to the vet within the 72 hour period will receive no refund. *NO EXCEPTIONS* You are responsible for getting an appointment booked ahead of time to ensure this happens_____________ (Initial here)?PUPPY MUST BE REGISTERED WITH ‘ON THE BALL AUSSIES’ AT THE BEGINNING OF THE PUPPIES NAME. ANY PUPPY NOT REGISTRED WITH ‘ON THE BALL AUSSIES’ AT BEGINNING OF REGISTRATION NAME WILL RESULT IN BREACH OF CONTRACT.________________(initial here)*Health guarantee is voided after bitch/ stud dog have been bred/ exposed to a stud/female*BREEDING RIGHTSTHIS DOG IS NOT SOLD WITH BREEDING RIGHTS (unless addendum is signed). If you choose to later purchase breeding rights, please contact On The Ball Aussies for instructions on how to purchase them.You MUST sign and pay the breeding rights addendum or breeding rights will NOT be given.______ (Initial Here)If Breeding rights is checked on the front of this page, but you do not sign the breeding addendum, you will NOT be given breeding rights __________________(Initial Here)If you fail to sign the breeding addendum, all of the ‘pet only’ terms apply to you- regardless of if you sign or not _____________________ (Initial here)PET RIGHTS YOUR DOG IS AUTOMATICALLY A PET ONLY UNLESS BREEDING RIGHTS ARE SOLD AND ADENDUM IS SIGNED!IF BUYING A PUPPY WITH PET RIGHTS ONLY THESE FOLLOWING STATEMENTS BELOW APPLY TO YOU!If the puppy is sold as PET only, papers will be held until puppy is spayed or neutered by a licensed vet and a vet report sent to the breeder. IF ANY DOG SOLD AS PET QUAILTY IS BRED, THERE WILL BE NO PAPERS ISSUED FOR PUPPIES. BREEDER WILL RETAIN PAPERWORK AND ALL PUPPIES CANNOT AND WILL NOT BE REGISTERED WITH ASDR, MASCUSA, AKC, ACA, CKC OR ANY OTHER KENNEL CLUB._________________(initial here)If your dog has ASDR papers, you may not register your dog with any other registry until proof of spay or neuter has been given to On The Ball Aussies ______________________(Initial here)Anyone who is caught trying to dual register dog before proof of spay has been given shall forfeit their dog back to On The Ball Aussies. ______________ (Initial Here)Purchaser warrants that the dog, which is the subject of this agreement is being purchased for the intended use as a domestic pet and that the purchaser is not a breeder, exhibitor, dealer, animal testing facility or a pet store as defined by federal law. ____________(Initial)If you choose to breed your ‘pet only’ dog, any and ALL puppies resulting from the litter will become property of ON THE BALL AUSSIES and can be taken at any age. If the puppies are under 8 weeks old, we reserve the right to take the mother of the puppies until the puppies have been weaned. It will be bitch owners responsibility to get the bitch back after the pups have been weaned. If Bitch is not picked up by the time the puppies are 12 weeks, On The Ball Aussies reserves the right to keep or sell the bitch. *Bitch will not be offered back to owner if Bitch was an On The Ball Aussie ‘Pet Only’ puppy. _____________ (Initial here)NO DOG PURCHASED WITH PET RIGHTS WILL BE BRED, IF SAID DOG IS BRED (on purpose or accident) THIS CONTRACT IS BREACH AND YOU WILL BE RESPONSIBLE FOR THE $5000.00 fine. Buyer is also responsible to $1000 fine per puppy delivered.?_____________ (Initial here)ON THE BALL AUSSIES reserves the right to repossess any dog that has not been spayed/ neutered within 7 months of age. *Unless written statement from vet asking to wait (MAXIUM of 12 months of age). No refund will be given if On The Ball Aussies repossesses your dog. _____________ (Initial here)Any party caught lying to On The Ball Aussies (ex- trying to dual register dog for papers, purchasing a puppy with limited rights with the intent to breed later on, or any other reason will forfeit their dog without compensation back to On The Ball Aussies. ______ (Initial here)If On The Ball Aussies has reason to believe that you are, or will try to breed your ‘PET ONLY’ purchased pup, we reserve the right to take you puppy to the vet of our choice and have them spayed/ neutered, hold any and all papers back pertaining to you puppy, and/or take the puppy back. ______ (Initial here) Any travel expense, vet expenses or any other charges will be billed to puppy purchaser. Purchaser will have 1 week to reimburse ‘On The Ball Aussies’ for spay/neuter or puppy will become property of ‘On The Ball Aussies’.RIGHT OF RECOVERY: Should the buyer find themselves in any circumstances where death, loss or any other situation keeps them from being able to properly care of the puppy, buyer agrees to contact seller and give seller first rights to the puppy. Buyer agrees that under NO circumstances will puppy be placed in a pound or shelter. _____________ (Initial here)ON THE BALL AUSSIES will take back ANY puppy under ANY condition. If a puppy is injured, sick or needs treatment in which you cannot afford or do not wish to go through, the seller should be contacted IMMEDIATELY. _____________ (Initial here)***NO PUPPY MAY BE SOLD, GIVEN AWAY, DONATED, OR TRANSFERRED OWNERSHIP*** PUPPY MUST BE GIVEN BACK TO ON THE BALL AUSSIES IF OWNER CAN LONGER KEEP THE PUPPY/ DOG. *Unless prior authorization has been given by On the Ball Aussies ___________ Initial HereIf asked, owner shall provide proof of ownership in whatever form asked – Picture, vet reference, or other form of proof that dog is still in owners care.Your puppy has been microchipped. ON THE BALL AUSSIES (812-345-7106) MUST REMAIN ON THE DOGS MICROCHIP CONTACTS. Any dog that is found at the SPCA, humane society, shelter ETC puppy will be returned to ON THE BALL AUSSIES after a minimum of 3 attempts to contact the owner. Buyer agrees to pay any and all expenses Seller may incur in recovery of any dog discovered to be in any shelter/ rescue up to $1000 __________________(initial here)GENERAL:THE FOLLOWING STATEMENTS APPLY TO ALL OF THOSE WHO ARE PURCHASING A PUPPY FROM ON THE BALL AUSSIES.Should the buyer be unable or unwilling to fulfill any of the above provisions, or if this dog is seized by any local authority as having been neglected or abandoned, the seller retains the right to reclaim this dog without compensation. ?The buyer agrees to pay the seller any and all expenses, including court costs and reasonable attorney fees, in enforcing the terms and provisions of this contract. ?Canines are livestock and therefore cannot be returned for any reason other than those stipulated in the Health agreement or additional terms and provisions sections of this contract?No puppies will leave the home of the seller until PAID IN FULL. Puppies who are not PAID IN FULL BY 10 WEEKS WILL BE LISTED AND SOLD TO THE NEXT BUYER. ?INITIAL BUYER WILL LOSE THE RIGHT TO THEIR PUPPY IF PAYMENT IS NOT RECEIVED BEFORE 10 WEEKS OLD, UNLESS OTHER TERMS HAVE BEEN DISCUSSED. NO MONIES OF ANY KIND WILL BE RETURNED.This agreement shall be governed by and construed in accordance with the laws of whatever county seller currently resides in without regard to such jurisdictions conflict of laws principles. Buyers and seller submits to the jurisdiction of any state or federal court sitting in whatever county seller currently lives in, in any action proceeding arising out of or relating to this agreement and agree that all claims in respect of the action or proceeding may be head and determined in any such court. Buyers and seller also agree not to bring any action or proceeding arising out of or relating to this agreement in any other court buyers and seller waive any defense of inconvenience forum to maintenance of any action or proceeding so brought and waive any bond, surety or other security that might be required of any other party with respect there to. Buyer and seller agree that the final judgment in any action or proceeding so brought shall be conclusive (subject to any right of appeal) maybe enforced by the suit on the judgment or in any other manner provided by law or at equity. Buyers and parties suing in court will be responsible for any and all court fees and lawyer fees for both parties even if the judge grants a decision upon their behalf.The parties intend this written contract as the final expression of their agreement and as a complete exclusive statement of the terms of their agreement.Should there be any disagreement, termination of said contract, refusal of sale, unpleasant experience or issues between the buyer or the seller, there will be a no deformation of character/ slander agreement. No party has the right to post on social media, internet site, news paper, email, organization or any personal page to slander the name of the buyer or the seller.?Should the Seller need to seek legal action against the Buyer for violations of this agreement, the Buyer will assume any and all attorney costs and court fees.Puppy is warranted ONLY for the purpose of being a companion animal and part of your family. Although capable of performing other functions, such as show, breeding, or agility, no warranty is being given as to the level of those functions. By signing my name below I acknowledge that I have read and received copies of this contract including health records and by signing below I acknowledge that I did indeed purchase a puppy from ON THE BALL AUSSIES FOR THE AMOUNT ABOVE?ANY PAYMENT RETURNS SUCH AS A BAD CHECK, PAYPAL OR CREDIT CARD WILL FIND THE PURCHASER STILL RESPONSIBLE FOR THE AMOUNT ABOVE.?Any FUNDS removed due to Paypal or credit card fee will be responsibility of the buyer and will be due before puppy can leave.?A fee of $5000 for violation of said contract is to be awarded by a court in within the jurisdiction whatever country seller currently lives in, if any portion of this contract is violated. Said fee is to be paid in full within 30 days of Judgment by a Judge. ?Anything over 30 days will result in a 10% weekly charge as well as any collection fees added on top by my collection company.Any breach of contract is eligible for the $5000 fine and also for the puppy, dog or bitch to be taken back by On The Ball Aussies and become permeant property of On The Ball Aussies. No compensation will be given to purchaser if contract is breech and dog is taken back. _____________ (Initial here)Any dog taken or given back by On the Ball Aussies will be given any and ALL paperwork, including registration papers, vaccine records, ect within 48 hours. _______________ (Initial here) UNDER NO CIRCUMSTANCES shall any On The Ball Aussie be taken AKC Mini American unless written permission has been obtained. __________ (initial here) ?BY PURCHASING THIS PUPPY AND TAKING IT HOME, YOU HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS HEALTH GUARANTEE AND CONTRACT EVEN IF YOU DO NOT SIGN OR FILL OUT THIS CONTRACT.All parties agree that this is an electronic signature and can still be represented in court as an actual written signature.?No Part of this contract may be declined, crossed out or deleted. If in doubt, contract shall be reverted to current On The Ball Aussies Puppy Contract_______ (Initial Here)This agreement, made this ___ day of ___ (Month), ____ (year), between the breeder/seller and the buyer(s), is an enforceable and binding contractual agreement.PURCHASERS SIGNATURE:?____________________ Printed ___________________________?Seller Signature:________________________________Printed:_______________________________Date dog picked up:__________________Date dog seen by a vet:________________Date Puppy Well check form sent back/ received:______________________Date spayed/ neutered:________________Deposit Paid:_______________________Payment #2:________________________Payment #3_________________________Payment #4:_________________________ ................
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