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ON THE BALL AUSSIESPuppy Deposit and Sales agreementDate:________________Buyer Name:____________________________Buyer Address:__________________________ _________________________ _ *City, state and zip *** MUST BE COMPLETEBuyer 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: _______________________________Price:___________________________________Registry: ( ??) ASDR ?( ? ) NONE PET ONLY ( ? ? ) BREEDING RIGHTS ( ? ? ?)*** MUST SIGN SEPARATE ADDITIONAL CONTRACT Microchip # ______________________________Genetic Testing:DAM:?HC - ?? ? ? ? ?PRA/PRCD- ? ? ? ? ? ? ? ?MDR1- ?? ? ? ? ? ? ? CEA? DM- ( )All Clear ( )PENDING TEST?SIRE: ??HC- ? ? ? ? ? ? PRA/PRCD- ? ? ? ? ? MDR1- ?? ? ? ? ? ? ?CEA ? ? ? ? ? ? ? ? ?? ? ? DM- ?? ? ? ?( )All Clear? ( )PENDING TEST?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 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.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, with the exceptions of internal parasites. ____INITIAL ***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.***? _____INITIAL HEREAnyone who fails to take the puppy to the vet within the 72 hour period will receive no refund/ reimbursements/ health guarantee. *NO EXCEPTIONS* You are responsible for getting an appointment booked ahead of time to ensure this happensYou must fill out and return the puppy well check form within 5 days of receiving your puppy _____ Initial Should owner notice any abnormalities before the vet exam, OTBA should be notified immediately. Please do NOT wait to notify us should you have any concerns about your puppy’s health. You MUST FILL OUT AND SEND (Via email or USPS mail) the form given to you for the first vet exam!Buyer is responsible for the first office visit, deworming, vaccines and any treatment once in the purchasers care. The health and wellbeing 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 visits. 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 vet 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 INCURABLE CONGENTIAL DEFECT WHICH EXSISTED AT THE TIME OF PURCHASE, purchaser will have the option a replacement puppy. ?IF DEATH SHOULD OCCUR WITHIN THE 6 MONTH TIME PERIOD, A NECROPOSY MUST BE PERFORMED TO DETERMINE THE CAUSE OF DEATH AT THE PURCHASERS EXPENSE. If cause of death is due to a congenital issue, a replacement puppy will be issued. Common 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.On The Ball Aussies will not provide any type of monetary refunds or reimbursements. _____ INITNAL 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 puppy.If 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. Should the need arise, you agree to allow On The Ball Aussies unlimited access to your puppy’s veterinary records. Should buyer not follow any recommendations of the vet, health guarantee is void.Buyer agrees to keep puppy on Nuvet vitamins daily. Should puppy not be on Nuvet, health guarantee is void. ______(Initial Here)PUPPY MUST BE REGISTERED WITH ‘ON THE BALL AUSSIES’ AT THE BEGINNING OF THE PUPPIES NAME.________________(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. If you choose to later purchase breeding rights, please contact On The Ball Aussies for instructions on how to purchase them.PET RIGHTS – YOUR DOG MUST BE SPAYED / NEUTERED BEFORE 9 MONTHS OLD! ____________ Initial hereYOUR DOG IS AUTOMATICALLY A PET ONLY UNLESS BREEDING RIGHTS ARE SOLD!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.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 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. ON THE BALL AUSSIES reserves the right to repossess any dog that has not been spayed/ neutered within 9 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. 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. ***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 written 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. We recommend ON THE BALL AUSSIES (812-345-7106) 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. Dog will be boarded a minimum of 2 weeks before being put up for adoption. 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?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 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. Max amount of refund that shall be awarded is the purchase price less deposit. 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 $3000 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 $3000 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. 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. ?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 ContractThis 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:________________*Any puppy being purchased on payments shall be paid in full by the time they are 6 months old. Deposit Paid:_______________________Payment #2:________________________Payment #3_________________________Payment #4:_________________________ ................
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