Contract of Sale 

Breeder / Seller & Buyer Terms

Table of Contents

• 1. Deposit, payment & collection.
• 2. Health and welfare
• 3. Returns / Refund
• 4. Potential of dog
• 5. Desexing rebate offer – N/A
• 6. Rehoming of the dog
• 7. Main registration
• 8. Limited registration
• Copyright ©
• Revisions of these terms

Definitions used herein including

“BUYER” shall be defined as OWNER #1 and if applicable OWNER #2.

“SELLER” shall be defined as AASHUDNA registered by Heather Coles.

“PUPPY” shall be defined as a PUPPY registered with the ANCK body such as DOGS NSW and can be identified by a unique microchip identification number. A PUPPY is one (1) day old after twenty –four (24) hours of being born.

“SPECIAL INSTANCES” shall be defined as unforeseen, unexpected

“COLLECTION” shall be defined as the transfer of the PUPPY to the BUYER directly or by third party. e.g. Airfreight, courier, agent, friend or relative.

“WHELPING” shall be defined as the date of birth of PUPPY.

“WORKING DAYS” shall be defined as a SELLER’s choice of current licensed veterinary clinic/hospitals open hours e.g. Monday to Saturday are the clinics working days. Shall NOT be defined as the veterinarian’s days of work/shift.

“FREIGHT” shall be defined as 3rd party COLLECTION arranged by SELLER or BUYER(S). e.g. Airfreight, courier, agent, friend or relative.

“DEPOSIT” is money exchanged to the SELLER from the BUYER, it is a percentage of the price advertised. Paying a DEPOSIT show that you intend to buy and that the SELLER and BUYER enter into an agreement.

1. Deposit, payment and collection of purchased PUPPY.

1.01. To secure a PUPPY a non-refundable deposit of a minimum of $500.00 must be made, the DEPOSIT will only be accepted after the whelping and not before.

1.02. The remaining balance must be received by the SELLER and cleared prior to the BUYER collecting the PUPPY and will remain the property of the SELLER until such time.

1.03. Payment can be made by Direct Bank Deposit, Osko Payment (preferred option 1), Personal Cheques (1.04), PayPal (1.05), RightPaw, Dogzonline and/or cash (preferred option 2).

1.04. Payment made by Personal Cheque, requires clearing before the PUPPY is collected. Any fees incurred due to lack of funds will be reimbursed by the BUYER/S before the PUPPY is collected.

1.05. Payment made by PayPal transferred funds clear instantly. However, there will be a surcharge of 2.6% + $0.30. eg. If a puppy costs $3500 fee will be $91.30, transfer amount would be $3,591.30. This is a service charge from PayPal and is not reversible or refundable.

1.06. Payments made through RightPaw Pay offers buyers a secure payment method, flexible payment options including credit cards and dispute resolution. Rightpaw Pay releases paid funds 1-2 days before the puppies’ collection date, as funds take 48 hours to clear into the breeder’s bank account. However, there will be a surcharge of 2.0%. eg. If a puppy costs $3500 fee will be $70.00, transfer amount would be $3,570.00. This is a service charge from RightPaw Pay and the service fee is not reversible or refundable.

1.07. Payments made through Dogzonline – Dogz Pay offers buyers a secure payment method and flexible payment options including credit cards and dispute resolution. Dogz Pay confirms payment has been made instantly, and the funds are transferred to the breeder within 48 hours. However, there will be a surcharge of 3.5%. e.g. If a puppy costs $3500 fee will be $122.50, transfer amount would be $3,622.50. This is a service charge from Dogz Pay and the service fee is not reversible or refundable.

1.08. While in the care of the SELLER the CANCELLATION of this PUPPY CONTRACT the DEPOSIT will only be REFUNDED if:

A. The SELLER decides to keep the PUPPY.
B. A severe life-threatening injury, illness, or death takes place to the PUPPY.
C. At the PUPPYS 6 weeks vet examination if a condition is found that may or may not affect the PUPPYS long-term health. BUYER/S has 7 days to come to a decision if they will take the PUPPY with its condition or cancellation of this contract.
D. The deposit was made in the last 3 days starting from the date received.

1.09. Viewing of PUPPY, for health and safety reasons the PUPPY can only be viewed or visited after 6 weeks of age and/or two (2) days after their first vaccination/inoculation; for all visits, an appointment must be made.

1.10. Collection of PUPPY will NOT be before 8 weeks (56 days) old, or in SPECIAL INSTANCES due to delayed development when the PUPPY is weaned or deemed healthy enough by the SELLER. BUYER/S have two (2) weeks to arrange and collect the PUPPY from the time the PUPPY reaches 8 weeks (56 days) old, or in SPECIAL INSTANCES two (2) weeks from the time the SELLER advises the BUYER/S the PUPPY is fit for collection.

1.11. If BUYER/S is unable / fails to collect the PUPPY within the two (2) week time period, an additional boarding fee will be charged at $5.00 per day for each day past the (2) week collection period. Payable to the SELLER before the PUPPY is released to the BUYER/S for collection.

1.12. The remaining balance must be received by the SELLER before the PUPPY is ten (10) weeks (70 days) old. Including if applicable, freight and/or additional requested health screening charges. If the BUYER/S fails to make the FULL payment, this PUPPY CONTRACT will be CANCELLED and money (if) paid will be refunded minus the SELLERS costs as outlined below:

1. $120.00 will be deducted from the money paid for the reversal of the PUPPY’S Registration Papers, if, DOGS NSW has processed the PUPPY’S Registration Papers into the BUYER name prior.
2. Any additional screening or boarding charges requested by the BUYER for the SELLER to carry out will be deducted from the money paid.
3. Freight costs are THIRD-PARTY and are not refundable. BUYER can discuss options directly with THIRD-PARTY suppliers.

SELLER will conduct reimbursement once BUYER has returned if any outstanding paperwork and belonging associated to the PUPPY are returned to the SELLER.

1.13. AIRFREIGHT – SELLER & BUYER will mutually arrange suitable freight for when the PUPPY is over twelve (12) weeks old (84 days). An authorised veterinarian is required to complete a FIT FOR FLIGHT CLEARANCE declaration sighting the PUPPY is in good health and verification of the age and breed. This declaration is at the BUYERS’ cost.

1.14. FREIGHT – SELLER is no longer responsible or liable for the PUPPY once placed in the care of FREIGHT provider.

1.15. FAILURE TO MAKE CONTACT BY BUYER/S. This PUPPY CONTRACT will be CANCELLED and PUPPY will be deemed unwanted by BUYER/S; PUPPY will remain the property of the SELLER; PUPPY will be RELISTED FOR SALE; All PAYMENTS (MONIES PAID) by BUYER/S will NOT be REFUNDED if:

A. SELLER has failed attempts to contact BUYER/S and BUYER/S fails to make any form of CONTACT with SELLER once the PUPPY is available for collection during two (2) week (14 day) collection period.
B. BUYER/S fails to turn up for COLLECTION of the PUPPY and the SELLER has failed attempts to contact BUYER/S and BUYER/S fails to make any form of CONTACT with SELLER for 2 weeks (14 days).

1.16. EXTENSIONS for COLLECTION. The SELLER may give an extension for BUYER/S to collect the PUPPY if:

A. ACTS OF GOD. There is a direct risk to the BUYER/S in traveling to collect the PUPPY. E.g. Possible flooding on direct roads; extreme weather warnings released by the BUREAU OF METEOROLOGY.
B. In the event, an airline flight booked is canceled or grounded.
C. The SELLER is not available when you wish to collect the PUPPY.

1.17. BREEDER / SELLER complies with DPI requirements outlined in ANIMAL WELFARE CODE OF PRACTICE: BREEDING DOGS AND CATS 9.11.7. “If within 3 days a dog or cat is not acceptable to the purchaser for any reason, the breeder is required to take the dog or cat back and refund 50% of the purchase price of the animal. This guarantee must be provided in writing to the purchaser at the point of sale.”

2. Health and welfare

2.01. The SELLER has made every effort to avoid any possible inherited conditions. Conditions known/thought to be inherited in the breed are detailed on page 6 of the puppy information pack document.

2.02. Relevant, existing screening schemes have been used and copies of relevant results can be provided.

2.03. The BUYER(S) is/are strongly advised to take the PUPPY to their vet, within 3 working days after purchase, for a general check and advice on inoculations, worming and training.

2.04. The SELLER recommends Sentinel Spectrum; once monthly chewy. For the PUPPYS protection against fleas, heartworm and internal Parasites including 2 types of tapeworm; as the brand 100% guarantees their product for safety and protection.

2.05. SELLER is not responsible for any adverse reactions to any products given or recommended.

3. Buyers right to return the puppy/refund

3.01. At BUYER(S) cost. The BUYER(S) shall have 72 hours / 3 days to have the PUPPY examined by a practicing veterinary surgeon and shall have the right during a period not exceeding 20 days after such examination to return the PUPPY because of a life-threatening defect or illness (other than described below (section 3.02) and a written report from the said veterinary surgeon, at which time the BUYER(S) will be refunded the full purchase price of the PUPPY or BUYER(S) can opt for a replacement if available or next litter.

3.02. The BUYER(S) hereby acknowledge(s) that the SELLER has disclosed the following faults or defects in the PUPPY.

3.03. Should it become necessary to return the PUPPY, the BUYER(S) should be aware that the return of a PUPPY can be very difficult, especially emotionally. Having drawn the attention of the BUYER(S) to this, the SELLER cannot be held responsible for any distress caused to the BUYER(S) by the return of the PUPPY to the SELLER.

3.04. Any costs (monies) to return the PUPPY to the SELLER is the responsibility of the BUYER(S).

3.05. In the event, the PUPPY dies within the 72 hours / 3 days before a vet examination is carried out the BUYER(S) must have the deceased PUPPY taken to a vet within 24 hours to have a necropsy performed, during which time the deceased PUPPY must be kept between 2-5 degrees Celsius. If the cause of death is the direct result of a hereditary, breed defect or other serious ailments, the BUYER(S) will be refunded the original paid purchase price and the cost of the Necropsy. BUYER(s) will be required to submit the Necropsy report to SELLERS Veterinarian and provide permission to contact BUYERS Veterinarian to discuss the deceased PUPPYS results. If inclusive results are given for PUPPY’S death the SELLER is NOT required to refund the BUYER(S). The SELLER will only cover basic Necropsy any additional laboratory collection for further analysis is at BUYER(S) cost.

3.06. At any time a PUPPY is refused veterinary treatment or BUYER(S) fail to seek veterinary help when signs of illness are present. This will be deemed as neglect by the SELLER and this PUPPY CONTRACT will be void and no refund will be given. The SELLER may report BUYER(S) to appropriate animal protection authorities for further investigation.

3.07. Any Veterinary expenses payable/refundable to the BUYER(S) from the SELLER will not exceed the sale price paid for the PUPPY from the BUYER(S).

3.08. SELLER will not refund or be held liable for freight or travel expenses from the BUYER(S).

3.09. All veterinary expenses outlined in section 3, are the responsibility of the BUYER(S) unless otherwise stated in this PUPPY CONTRACT.

4. Potential of dog

4.01. SELLER makes no other guarantees or representations as to this PUPPY’S success in the show ring or any other performance venue, nor does SELLER make any representation or guarantee concerning this PUPPY’S weight, size, back score, IVDD risk, future health, future fertility or breeding potential.

4.02. SELLER makes no guarantees that PUPPY is free from disqualifying faults per the Dogs Australia breed standard.

6. Rehoming of the dog

6.01. Once PUPPY is collected, the BUYER(S) are the legal owner/s of the PUPPY and have every right to RESELL, GIFT, or TRANSFER ownership of the PUPPY.

6.02. The BUYER(S) agree that if, at any stage in the PUPPY’S life, the BUYER(S) needs to rehome the PUPPY, the SELLER will be the first to be informed and the BUYER(S) will, if the SELLER requests, return the PUPPY to the SELLER. The SELLER will offer every reasonable assistance to find a new home.

6.03. IN NO CASE will this PUPPY be turned over to an animal shelter throughout it life unless SELLER is notified prior.

6.04. IN NO CASE is the PUPPY to be resold for puppy milling/farming purposes. (A puppy mill has been defined by one court as “a dog breeding operation in which the health of the dogs is disregarded in order to maintain a low overhead and maximize profits.” Avenson v. Zegart, 577 F. Supp. 958, 960 (D. Minn. 1984)).

7. Main registration

7.01. A PUPPY brought on MAIN REGISTRATION means the BUYER(S) can show the PUPPY in ANKC events subject to the ANKC show criteria.

7.02. A PUPPY brought on MAIN REGISTRATION means the BUYER(S) can use the PUPPY in future breeding plans; if they become a Registered Breeder within a Dogs Australia state body e.g. DOGS NSW.

7.03. A PUPPY on MAIN REGISTRATION cannot be bred with another dog that is NOT registered with an ANKC body or on LIMITED REGISTRATION, as per ANKC Rules.

7.04. A PUPPY on MAIN REGISTRATION comes with DOGS NSW pedigree papers.

7.05. If a PUPPY is registered prior to purchase BUYER(S) are required to transfer PUPPY’S MAIN REGISTRATION Papers into their name at a cost of $49.00 for non-DOGS NSW members or $43.00 DOGS NSW members; (Published rates current as at 01/2020 and are subject to variation by DOGS NSW).

7.06. If a PUPPY is SOLD before the PUPPY is registered with DOGS NSW the SELLER is to register the PUPPY directly into the BUYER(S) name.

8. Limited registration

8.01. A PUPPY brought on LIMITED REGISTRATION means the PUPPY can’t be showed in ANKC events or be bred from.

8.02. A PUPPY on LIMITED REGISTRATION comes with DOGS NSW pedigree papers.

8.03. BUYER is required to transfer PUPPY’S LIMITED REGISTRATION Papers into their name at a cost of 42.50 for non-DOGS NSW members or $37.00 DOGS NSW members; (Published rates current as at 07/2017 and are subject to variation by DOGS NSW).

8.05 If a PUPPY is SOLD before the PUPPY is registered with DOGS NSW the SELLER is to register the PUPPY directly into the BUYER(S) name.

8.06. BUYER(S) can upgrade to MAIN REGISTRATION, within three years of PUPPYS DOB, BUYER(S) are required to gain permission and signature of the SELLER and a fee of $800.00 will also be payable to the SELLERS as payment for the rights to use SELLER’S prefix. (This does not include DOGS NSW or other ANKC body’s ‘application for transfer’ please refer to Scale of Charges of the BUYER(S) choice of ANKC body).