BUY/SELL AGREEMENT (9/08)

This Agreement is made effective the ___ day of _____________, _______ and is by and between:

SELLER (as checked, whether singular or plural)
____ Steve D. Shope   ____Anne M. Shope   ____Stephanie Shope-McDaniel
d/b/a Legends Three Pine Ranch & Australian Shepherds L.L.C.
Address: 671 Langley Road, Estancia, NM 87016-8032
Phone: 505/384-2547 Email legendsranch@hotmail.com)

BUYER (whether singular or plural):
Name: _________________________________________________________________
CoBuyer: _______________________________________________________________
Address (including zip) ____________________________________________________ _______________________________________________________________________
Phone: __________________________ Email: _________________________________

WHEREAS, Buyer desires to buy for the valuable consideration set forth below, and the Seller desires to sell for the valuable consideration set forth below,

TERMS OF SALE ARE HEREBY AGREED AS FOLLOWS:

1.  The following purebred Australian Shepherd (“Aussie”) as more particularly described below is sold by Seller to Buyer as follows:

Aussie’s nickname:________________________________________________________________
Aussie’s registered name, if applicable: ________________________________________________
Color: _________________ Sex: ________________ Date of Birth: ________________________
Sire: __________________________________________________________________________
Dam: __________________________________________________________________________

Purchase Price: $__________________ (minus any applicable deposit – A nonrefundable $200 deposit {make checks payable to “Legends”} on a pup in a litter is accepted at the time the litter turns three weeks of age together with the execution of this Buy/Sell Agreement in duplicate. The deposit is refunded ONLY if Seller feels no pup in the litter is a match for the Buyer’s needs or home environment.  One fully executed Agreement will be placed in the Puppy Packet and delivered to Buyer at the time the pup is shipped or picked up.  All pups may be picked up at 8 weeks of age and must be picked up by age ten weeks of age to avoid a boarding fee of $10/day.)

TERMS OF PURCHASE (all parties must initial)

__________ May Remain Intact (see section on intact)
__________ Must Alter (see section on spay/neuter)
__________ As-is (no guarantees)\
__________ Limited guarantees (as noted and initialed by all parties hereto)

2. INTACT.  Buyer understands the Aussie MAY ONLY BE bred:  a) after turning age two, b) only to a purebred Australian Shepherd (as further described by the home registry for the Australian Shepherd Club of America, Inc.) c) after obtaining an official fair, good or excellent hip rating from OFA* or pass from Penn-Hip  (mandatory clearance), d) after the Aussie's eyes are cleared by a certified ophthalmologist and rated normal at age two and cleared annually thereafter as applicable (mandatory clearance), and e) after obtaining a certified or verified dna rating (mandatory clearance). Buyer further agrees that no pups produced by this Aussie may ever be sold or gifted in any pet stores, auctions, or flea markets, and that mates for this Aussie are to be a minimum of two years of age and have had all mandatory clearances stated above.  Seller states that failure to abide by the foregoing is breach of this Agreement (see section on breach).  Seller encourages Buyer to clear the thyroid and elbows and to do an MDR1 prior to breeding, but Seller states none of these are mandatory. Seller states those dogs sold intact may be neutered or spayed at any time without Seller’s permission. 

3. ALTERED.  Seller states that this Aussie must be spayed or neutered on or before the first birthday.  Seller will not release any registration papers until proof of altering has been furnished to Seller.  Failure to furnish proof by the time this Aussie reaches 18 months is breach of this contract (see section on breach).  Any litters produced by this Aussie will result in breach of this Contract (see section on breach).  If check here ___, this pup has a disqualifying fault and must not be shown in altered conformation.

5. LIMITED GUARANTEES.  Seller and Buyer will strikeout and initial any guarantees both determine to be inapplicable.

6.  GUARANTEES: 

Seller guarantees the following: a) Hips by age 26 months will net a rating of fair, good or excellent with the *Orthopedic Foundation for Animals or a pass rating from Penn-Hip.  b) Eyes by age 26 months will net a “normal” by the Canine Eye Registration Foundation, Inc. c) Teeth shall be no less than 39 out of 42 and the bite shall be scissors or level.  d) Health shall be good at time of delivery and shot/worming record shall accompany the Aussie.  Seller states these guarantees are not transferable to any third party.  Upon proof that the Aussie has failed to meet the guarantees as stated herein, Seller will do one of the following: 1) replace the Aussie with an equal or better Aussie or 2) refund one-half the purchase price.  The Buyer may retain the Aussie failing to meet the guarantees PROVIDED proof of spay or neuter is given to Seller.

Buyer guarantees the following: a) Buyer will house the Aussie in a safe, loving environment and provide adequate and quality health care.  b) Buyer will honor the terms set forth in the intact or altered sections of this Agreement. c) Buyer will NOT gift, house, co-own or sell this Aussie without the express written permission of Seller who reserves the right of first refusal, and/or approval of any new home or environment for this Aussie.
 
7 .  BREACH OF GUARANTEES & TERMS OF SALE:  Breach of the guarantees and terms of sale within this Agreement by Seller or Buyer are subject to a $1,000 fine per breach ("penalities") with court costs payable by the party found to be in breach.  Buyer understands that breach of this Agreement by Buyer voids all guarantees given by Seller, and registration papers may be permanently withheld plus suit filed for breach and any applicable penalities plus return of the Aussie and fully executed registrations from Buyer back to Seller, all at Buyer’s cost.

8.  RETURN OF AUSSIE TO SELLER.  The Aussie may be returned to Seller at any time provided notice is given, and the return is at Buyer’s expense.  The Aussie MUST be current on vaccines, in good health, free of ticks and fleas, and any registration papers signed over to Seller.  ONLY if this Aussie is resold may one-half the sales price be given to Buyer.  Seller has the right to gift any Aussie as Seller’s deems appropriate without the Buyer’s permission. 

9.  TEMPERAMENT. Seller does not guarantee temperament in this Aussie. Buyer understands any pup (& in particular this breed) can be shy/reserved or protective due to either: genetics, environment, training (or lack thereof), handling, exposure (or lack thereof), medications, illness, abuse and/or neglect, or pack family (human and otherwise) influence. Seller understands that temperament can also be genetic, and Seller assures Buyer that the sire and dam to any Aussie sold both have appropriate temperaments for this breed.  Buyer agrees to notify Seller immediately of any problematic temperament issues in this Aussie so that Seller may assist Buyer in problemsolving such issues.

10.  DEATH OF AUSSIE.  Buyer agrees NOT to put this Aussie down unless Seller has given Seller’s expressed written permission.  Seller states the exception to this would be putting a dog down for severe injury or dibilitating illness, provided neither were caused by neglect or abuse. Neglect & Abuse fall under breach of contract if proven by Seller and are subject to penalities.

11. SHIPPING OR PICKUP OF AUSSIE.  All shipping or pickup expenses are the Buyer’s responsibility.  Additional fees that are the Buyer’s responsibility are: a) Health checks $75 (these are required for transport by 3rd party, b)  Crates  $50/pup  $75/adult, and c) Airport delivery or pickup fee is $25 round trip.  The purchase price together with any of the applicable foregoing expenses must be paid in full at the time the Aussie is shipped or picked up.  Insufficient checks will result in a fee of $50 fee.  Buyer may pay by Paypal but must add 4% to the amount remitted.  Buyer understands that registration papers will not be released until the funds have cleared the bank.  Seller will furnish the Buyer at time of shipping or pickup with a packet of information which includes, but is not limited to, feedback on dog food, flea & tick protection, worming and vaccinations, pedigree, pictures of sire and dam, and applicable clearances.  Buyer is advised that Seller has training DVDs and Videos for puppy training, practical obedience and stockdog work and invites Buyer to purchase these at the time they pick up their Aussie at a 20% discount. Buyer is also invited to join the Legends Chatlist online at Yahoo.

12.  NAMING YOUR AUSSIE.  Seller states the name must begin with____ Legends (or ___ Legends StarN) (or ____ StarN).  No other kennel name may be added unless Seller gives expressed written permission to do so.

13.  LEGAL ACTION.  If Seller or Buyer takes legal action for breach of this Agreement, suit shall be filed in the county and state of Seller.  All terms of this Agreement shall be binding on all heirs of either Seller or Buyer.  No terms of this Agreement may be changed, amended or altered without the expression written permission of all parties named herein.

EXECUTED AND AGREED TO BY:

SELLER

Steve D. Shope _______________________________________

Anne M. Shope _______________________________________

Stephanie Shope-McDaniel______________________________

 

BUYER: ____________________________________________

COBUYER: _________________________________________