BUY/SELL AGREEMENT (updated 12/2011)

(Questionnaire is prerequisite to this Agreement)


Date of Sale: ______________________

Name of Sellers:
__ ANNE M. SHOPE  and/or __STEVE D. SHOPE
d/b/a Legends Three Pine Ranch and Australian Shepherds, LLC
AND/OR Stephanie Shope-McDaniel ___ (if she is listed as a co-owner of any dog or as guardian for Shelby McDaniel, a minor)
671 Langley Road, ESTANCIA, NM 87016 505/384-2547 email addresses:  legendsranch@hotmail.com
WEBSITE: http://www.legendsaussies.com

Name of Buyer(s):
_____________________________________________________________________________________
and __________________________________________________________________________________
(if more than one Buyer, place other Buyer(s) address and contact information on the reverse side of this page)
Address (including zip) _________________________________________________________________________
Phone: (w)______________________ (h)______________________ (c)______________________
Email: ____________________________________________________________
Website:___________________________________________________________

WHEREAS, the parties to this agreement wish to either buy, sell, gift or receive, as applicable, the following described Australian Shepherd,

IT IS THEREFORE AGREED as follows:


1.  PURCHASE:   The following adult or pup will be transferred to Buyer by Seller for the valuable consideration set forth below (hereinafter the “Price”), the terms and conditions for said transfer are agreed upon by all parties as designated below:

Call Name

Color Sex Titles Clearances

TERMS OF SALE

         

__ Limited Guarantees

__Full Guarantees

__ AS-IS

 

Status DOB Registry Sire Dam

__ Pup

__Adult

 

__ ASCA

__ AKC

   

 

MUST ALTER or ALREADY ALTERED

SOLD AS-IS

BREED FAULT

__ spay __ already spayed

__neuter __ already neutered

___$200 fee for us to have it done

__ w/registration

__w/o registration

Some dogs may be shown in all disciplines, others may not be shown in conformation

Comment:

 

PRICE: Adult $__________, Pup $___________, Gift __ yes __ no, Coownership* __ yes __ no (*We ONLY coown on those making timepayments and sometimes those pups or dogs gifted. If coowning, a CoOwnership Addendum is attached to this Buy/Sell Agreement)

Out of the USA must add a handling fee of Five hundred and no/100ths dollars to the Price, unless flying over to pickup the pup or adult.

LITTER DEPOSIT:  To reserve a pup, a good-faith non-refundable deposit of One Hundred and No/100ths Dollars ($100.00) is due and payable any time after the litter turns one week of age. Deposit and this fully executed Agreement received by Seller from the approved Buyer confirms picking order pursuant to the waiting list, or Buyer and Seller's mutual agreement.  If any Buyer steps out of picking order or fails to send in a deposit, Seller has the right to assume that Buyer's picking position. Seller has the right to refuse any deposit if Seller feels no pup may be suitable for Buyer or Buyer's home environment. By age eight weeks, if Seller or Buyer feel the pup selected by Buyer is not compatible for the Buyer's needs, one-half the deposit will be refunded to the Buyer, or Buyer may roll the deposit to another litter. The pup's nickname, color and sex will be filled in by Seller once Buyer and Seller concur, and such shall be confirmed via email or snail mail letter. Seller will then execute this Agreement and include a copy for Buyer's records when arrangements are concluded for the transport or pickup of the Puppy.
FINAL PAYMENT:  The entire purchase Price must be paid in full on or before the pup turns nine weeks of age. Any pup remaining with Seller at ten weeks of age will incur a Boarding fee of $5.00 per day unless other arrangements have been made and agreed to in writing by both Seller and Buyer.
SELLER AGREES to make every good faith effort to obtain an eye clearance on the pup on or before the Pup turning nine weeks of age.  If Seller is unable to do so prior to the Buyer taking possession, then Buyer agrees to obtain an eye clearance on the pup on or before the pup turning six months of age at Seller’s expense and to furnish a copy of said eye clearance for Seller’s records.  At the time the pup is transported to Buyer or picked up by Buyer, Seller agrees to furnish the Buyer with a copy of the following:  Sire’s & Dam’s registrations, health clearances, DNA certifications, a five-generation pedigree for the pup, shot and worm record for the pup, and pictures of sire, dam, and littermates.

2. SHIPPING OR PICKUP:  All shipping or pickup expenses are the Buyer’s responsibility.  Health checks are $65; these are required for transport by 3rd party (airline or shipping carrier) or at the request of the Buyer.  Crate is $45/pup and $80/adult (these may be furnished by the Buyer if desired).  Airport delivery fee is $30.  Airline flight fees are the responsibility of the Buyer and must be paid up front or pup shipped c.o.d.  If driving to the ranch to pick up your pup, Buyer may stay one night in the guesthouse for a fee of $45 (includes meals - double occupancy).  A travel fee of $30 is charged for picking up a Buyer at the airport, transporting Buyer to the ranch and then back to the airport.

3.  NAMING YOUR PUP: Pup’s name must start with ___ LEGENDS or ___ LEGENDS STARN.   No other kennel name may be included without the expressed written permission of the Seller.

4.  GUARANTEES:  (Note: Seller retains the right to two free breedbacks to any male pup left in tact passing all clearances listed below. Seller reserves the right to take a puppy from any litter by said male puppy with Buyer's, the breeder's, permission in lieu of these breedbacks.)
    A.    Hips/Elbows:  By age 26 months, Seller guarantees to Buyer a rating of fair, good or excellent (normal on elbows) with the Orthopedic Foundation for Animals ("OFA") or a pass rating from Penn-Hip.  If the pup does not rate as guaranteed with OFA or Penn-Hip and PROVIDED veterinary proof is furnished prior to the pup turning 30 months of age indicating dysplasia and PROVIDING the pup has not suffered from any injury or illness or improper nutrition and care, one of the two following shall be applicable:  1) the pup shall be replaced by Seller with a pup of equal or better quality or 2) Seller shall refund one-half the purchase price to Buyer.  Buyer agrees to neuter or spay any pup not receiving a passing hip rating and furnish Seller proof of neuter/spay.  After spaying or neutering, said pup may be retained by Buyer or placed with Seller’s approval of the new home.
    B.    Eyes: By age 26 months, Seller guarantees to Buyer the eyes to be rated normal by the Canine Eye Registration Foundation, Inc.  If the dog is found to have a debilitating genetic eye disease or defect, PROVIDED veterinary proof is furnished prior to the pup turning 30 months of age, one of the two following shall be applicable:  1) the pup shall be replaced with a pup of equal or better quality by Seller or 2) Seller shall refund one-half the purchase price to Buyer.  Any pup unable to be rated normal shall be neutered/spayed by the Buyer and proof of same furnished to the Seller. After spaying or neutering, said pup may be retained by Buyer or placed with Seller’s approval of the new home.
    C.    Health: The pup is guaranteed to Buyer by Seller to be healthy upon shipping or hand delivery to Buyer.  Any perceived illness in a pup should be vet verified within 48 hours of receipt of said pup.   If a pup develops prior to age three years any of the following:  epilepsy (non-injury or illness related), lupus or any other debilitating genetic immune suppression, proof of said health problem as named herein shall be put forth in a letter drawn by a certified veterinarian and forwarded to Seller for Seller's records.  A replacement pup or a refund of one-half the purchase price shall be given to Buyer by Seller PROVIDED Buyer has furnished proof of said genetic illness and obtained permission from the vet for Seller to talk directly to the pup's vet(s) and receive copies of said pup's health records.  Seller has the right to forward any genetic information to any on-going Australian Shepherd health studies or genetic data banks at any time, as does the Buyer.  We recommend getting a thyroid rating from only those laboratories listed on the OFA website prior to breeding your Australian Shepherd.   If you obtain a hip rating, elbow rating, thyroid rating and mail in your eye clearance for certification, you will receive a CHIC rating from OFA.  This means you have done all your health clearances and indicates the highest health clearance rating given by OFA.  Doing these things prior to your 30 month guarantees expiring is wise and it's great feedback for our breeding program. Optional: We also recommend doing an MDR1 test to check for any allergy possibilities. Please contact us should you wish to do this test; we'll direct you to the website to order the kit.
    D.    Dentition:  Seller guaranties to Buyer the dentition shall meet the breed standard by age twelve months on all breed quality pups.  If the pup has a bite or dentition problem such that either is a disqualifying fault, 1) the pup shall be replaced with a pup of equal or better quality by Seller or 2) Seller shall refund one-half the purchase price.  Proof of a disqualifying dentition fault shall be provided to Seller via a letter from a certified veterinarian before the pup turning 15 months of age or this guarantee is null and void.  Pup's with disqualifying faults in dentition must be neutered/spayed by the Buyer and proof furnished to the Seller.  Pup may be retained or placed with Seller’s approval of the new home.
    E.    Seller's Rights: Seller has the right to request a second opinion on any genetic defect named in A, B, C or D at Seller's discretion and Seller’s expense.
     F.  Buyer’s Guarantees to the Seller the following:  1) Buyer will not breed (accidentally or otherwise) this pup prior to the pup turning age two without Seller’s expressed written permission;  2) Buyer will obtain this pup’s official certified hip rating and eye clearance at age two and report both to Seller; 3) Buyer will not breed this pup unless the ratings obtained at age two are:  hips OFA fair, good or excellent  and eyes are certified normal by a certified ophthalmologist; 4) Any breeding mate(accidentally or otherwise) used for this pup will be age two and have similar hip and eye clearances as required for this pup; 5) Any genetic problems either experienced by this pup and/or  produced by this pup will be shared with the Seller in a timely fashion and Seller or Buyer have permission to share this information with any of the pup's littermates, genetic health studies, and the Legends chatlist;  6) Buyer holds harmless Seller from any action or inaction of this pup throughout its lifetime while under Buyer's or Buyer's designee's care; 7) Never to mate (accidentally or otherwise) this dog to any other breed, register any offspring of this pup as miniatures or north american shepherds or American Miniature Shepherds, or put any offspring of this pup into a pet store; 8) To report back to the Seller any titles awarded this pup in any registry, feedback on any litters produced by this pup, and current address/phone/email information for the Buyer throughout the pup’s lifetime; 9) And, if marked in the purchase section, Buyer will neuter or spay pursuant to the terms of that section and this Agreement.

5.  RESALE OR REHOMING:  Seller reserves the first right of refusal on any dog at the original sales price or less as agreed upon between Buyer & Seller.  If Seller does not use its first right of refusal, Buyer may sell the pup to another party PROVIDED Seller approves the new party and home environment. Any Buyer wishing to lease their pup to another party must allow Seller to approve the lease terms, facility in which the dog will reside, and person (people) to whom the pup is leased or coleased.  Upon sale of a pup to a new party all guarantees given to the Buyer from Seller become null and void unless otherwise agreed upon in writing by the Seller to the new party.  Pups or dogs with temperament (see Section 8) issues may NOT be resold by the Buyer without the Seller's expressed permission and the new buyer's expressed knowledge of said temperament issues.  Section 8 will be applicable to the new buyer and it is this Buyer's responsibility to reiterate that fact as this Buyer is the person who will be held liable for breach of contract along with the new party.

6.  PENALTIES/BREACH OF CONTRACT: Breach of this Agreement by Seller or Buyer are subject to a $500 fine per breach plus any and all other damages that might be awarded by a Court of law.  Buyer understands that breach of this contract by Buyer voids all guarantees given by Seller and, if applicable due to breach of spay or neuter, transfer of registration papers may be permanently withheld. Pup or Adult MUST BE returned at Buyer's expense for Breach of Contract that remains in effect for sixty (60) days.

7. RETURN OF PUP OR ADULT:  Any adult or pup may be returned to Seller at any time provided notice is given.  All pups or adults being returned must be in good health, up-to-date on shots, free of ticks or fleas, and all registration paperwork fully executed must accompany the pup or adult at the time of the return.  Return shipping is at Buyer's expense.  Only if the returned Pup or Adult is re-sold by Seller will one-half the sales price be given to the Buyer.   Seller has the right to gift any pup or adult as Seller's deems appropriate without the Buyer's permission.  Buyer may be notified of any the new owners of any pup taken, given or purchased back from Buyer and placed by Seller.

8.  TEMPERAMENT:  Seller breeds to the ASCA breed standard.  Buyer understands any pup (& particularly this breed) can be shy/reserved due to either genetics, environment, training, handling, exposure, medications, illness, or pack family influence.  Buyer understands that any pup (& particularly this breed) can be protective of their family and can also be packleaders, if allowed, within their dog family.  Buyer agrees to make every reasonable attempt to socialize the pup, to provide the pup with basic obedience and social skills, and to house the dog in a safe environment conducive to its temperament and to hold the Seller harmless from any and all liability.   NOTE:  If Buyer desires to rehome a pup with temperament issues, the new buyer must be apprised of all issues and Seller must have approval of the new home and be allowed to contact the new home. In addition the pup must be spayed or neutered prior to placement in the new home. If Buyer puts down (kills or has killed) said pup for temperament issues without the expressed and written permission of Seller being given prior to, Buyer must pay Seller a fine of $2,000.00 within 30 days of the pup's death (no matter the age of the pup).  Any pup one year or younger with temperament issues may be returned to Seller at Seller's expense (this includes flight and health check) PROVIDED the shot record and transfer of ownership papers fully executed are mailed to the Seller one week prior to shipping the pup or returned simultaneously with hand delivery of the pup. Buyer understands that temperament is not guaranteed beyond one year of age. Pups returned on or under one year of age may at Seller's discretion either be replaced or a refund made of one-half the purchase price PROVIDED Seller is not proven to have contributed to the pup's temperament issues through neglect, abuse, or lack of socialization. Pups returned to Seller that are over one year of age are returned totally at the Buyer's expense (this includes flight and health check). There is no replacement or refund for pups returned over one year of age. Upon the return of a healthy pup plus that pup’s shot record and registration papers SIGNED over to Seller,  Seller will hold harmless and defend the Buyer from any future actions or inactions of the pup.

9.  LEGAL ACTION:  If either party is forced to take legal action, suit shall be brought in the county and state of Seller's residence.  Fees and court costs shall be the responsibility of the party found to be in default.  No terms of this Agreement shall be changed without the expressed written permission of all parties hereto.  The terms of this Agreement shall be applicable to all heirs of any parties named herein.

10.  INSUFFICIENT CHECK:  $35.00 service charge.  Any insufficient check should be made good within seven business days of notification of said insufficiency.  Failure to do so is breach of this Agreement.

EXECUTED & AGREED TO BY ALL PARTIES NAMED HEREIN:

Seller:
 
____________________________________________________
____________________________________________________
____________________________________________________

Buyer:
____________________________________________________
____________________________________________________
____________________________________________________