CONTRACT

Rescued Dreams Border Collies

AGREEMENT FOR SALE OF BORDER COLLIE

 

This Agreement for the Sale of a Border Collie Puppy or Dog (hereafter “Dog”) is made on ____________, 2024, by and between the following Parties:

 

BREEDER (hereafter “Breeder”)

Name: January Shaffer, d/b/a Rescued Dreams Border Collies

Address: 4274 N. E Crawfordsville, IN 47933

Phone: 765-918-7553

Email address: rescueddreamsbc@gmail.com

 

 

BUYER (hereafter “Buyer”)

Name:

Address:

Phone:

Email address:

 

Article 1: Sale, Deposit, and Purchase Price:

 

1. Buyer has paid an initial deposit of $500 to reserve purchase of his or her Border Collie Puppy or Dog, with a balance of $1,700 due prior to the transfer of ownership.

 

1. Buyer acknowledges that failure to pay the amount due at the time of pick-up of the Dog will result in a forfeiture of their initial deposit made.

 

1. In the event Buyer fails to pay the amount due, Buyer acknowledges the Breeder may proceed with a sale of the Dog to a different party OR the Dog may be held for the Buyer for an additional $25.00 per day as a boarding fee, unless other arrangements have been agreed upon between Buyer and Breeder.

 

1. If the Dog is still available, Buyer may reinitiate his or her purchase and/or transfer of ownership and Breeder may reinstate original deposit amount with no additional boarding fees if Buyer does not request a hold.

 

1. The time and place of pickup may be changed by mutual agreement expressed in a writing between Breeder and Buyer.

 

1. Upon payment in full of $2,200 in addition to any other fees, Breeder shall release ownership and registration information to Buyer.

 

1. Should Dog require ground transport or a flight nanny (to be chosen by Breeder) the balance of $2,200 AND all applicable fees for transportation must be paid ten (10) days prior to Breeder’s hand-off of Dog for transport or flight nanny.

 

Article 2: Description of Border Collie

 

Breeder will sell to Buyer, and Buyer will purchase from Breeder, a Border Collie Puppy or Dog identified as follows:

 

Name of Dog or Collar Color Identifier:

Registered name:

Breed: Border Collie

Color:

Date of Birth: 02-14-2024

Specific Markings:

Microchip/Registration Number:

Gender:

 

Article 3: Breeder’s Representations and Guaranties

 

Breeder represents and guarantees the following to Buyer for twenty-six (26) months from the date of Dog’s birth:

 

1. The Dog identified herein is a purebred Border Collie produced from the breeding of [ Checkitout Cowgirl Charlea Chillin ] (dam) and [ Twisted Acres Put Your Jeans on ‘N Buckle Down ] (sire/stud/stud dog).

 

1. The Dog is in good health and is free from congenital diseases and/or developmental issues. The Dog has received an initial exam from a licensed veterinarian and the Dog has received the veterinary recommended first round of vaccinations and has received routine deworming by the time of transfer of ownership.

 

1. Breeder’s Disclosure to Buyer: DNA health tests have been performed on dam and sire as follows: Dam is [clear panel with exception to being a CEA carrier]. Sire is [clear panel with exception to being a TNS carrier].

 

1. Dam has [Pennhip recorded hip grading of 0.66].   

 

1. Sire has [OFA recorded hip grading of Excellent, OFA Recorded Elbow grading of Normal].   

 

Article 4: Disclaimer of Guarantees.

 

1. Breeder does not guarantee Dog is and/or will be free from allergies.

 

1. Breeder is not responsible in the event the Dog becomes ill due to: heat stroke, abuse, neglect, improper vaccination and parasite preventative scheduling and/or administration, accident, injury, non-age-appropriate physical activity, exercise, or sport, or improper socialization.

 

1. Breeder is not responsible for the formation or diagnosis of any cancerous disease throughout the lifetime of the Dog.

 

Article 5: Breeder's Representations and Warranties

 

Breeder makes the following representations and warranties, which shall survive the closing of the sale:

 

(a)        Breeder Is the Sole Owner.  Breeder is the sole owner of the Dog and has full right and power to sell and transfer it.

 

(b)        No Liens or Encumbrances.  The Dog is free from any security interest or other lien or encumbrance.

 

(c)        Suits, Judgments, Etc. No judgments exist against Breeder nor are there any executions, attachments, or replevins outstanding against Breeder. Breeder is not a defendant or respondent in any action or proceeding.  No petition in bankruptcy or for an arrangement of creditors has been filed by or against Breeder nor has Breeder taken advantage of any insolvency laws.

 

(d)       Condition of Property.  Breeder specifically disclaims any warranties as to the physical and mechanical condition of the Dog.  Buyer acknowledges inspecting the Dog and is purchasing it "AS IS." Breeder will maintain the Dog in its present condition, reasonable wear and tear excepted, until it is delivered to Buyer.  Breeder has owned the property since [Birth 02-14-2024].

 

 

Article 6: Buyer’s Rights and Obligations

 

1. Buyer shall have seven (7) days to have the Dog examined by a licensed veterinarian at Buyer’s cost.

 

1. Shall the Dog fail health assessments performed by a licensed veterinarian, Buyer may return the Dog with a written statement on letterhead from the veterinary clinic or hospital and a paid invoice from the veterinary clinic or hospital for a full refund, less deposit, subject to the following conditions.

 

1. The statement must be hand signed by the performing veterinarian.

 

1. The Breeder reserves the right to have a second veterinarian examination of the Dog at Breeder’s cost before any potential refund is issued.

 

1. Both the Buyer’s and Breeder’s veterinarians must agree for a refund to be processed.

 

1. Should the Dog form a life-altering or severe medical illness that is deemed to be congenital or genetic in nature beyond the seven (7) days after transfer of ownership but not after two (2) years of age, Buyer may return the Dog for a refund less the deposit OR a refund of the deposit amount to keep the dog (same conditions apply as in Article 6, paragraphs 2(a), (b), and (c) for a refund to be processed).

 

1. Should the Dog die before two (2) years of age due to an unexplained reasoning, Breeder shall be notified immediately, and a necropsy shall be performed at Buyer’s expense to determine a diagnosis and refund eligibility. Breeder also reserves the right to request a necropsy at Breeder’s expense for any reason.

 

1. Should the Dog at any time during its lifetime form any health condition, including but not limited to allergies, cancers, orthopedic conditions, etc., Buyer shall notify Breeder promptly so proper and detailed documentation can be kept for their breeding program and offspring produced, as well as to allow Breeder to notify the stud dog owner.

 

1. Should the Dog die for any unexplained reasoning after two (2) years of age, Breeder may elect for a necropsy to be performed at Breeder’s expense and the results shall be sent to Breeder with a formal diagnosis.

 

1. Buyer takes full responsibility of any and all health or developmental stunting in the event buyer chooses to have their Dog sterilized prior to its full maturation. (No earlier than eighteen (18) months of age unless medically necessary. Prevention of unwanted reproduction, illness, or disease is not considered medically necessary unless agreed upon by Breeder and Buyer with their veterinarians. No male dog will be considered Cryptorchid until eighteen (18) months of age.

 

1. Buyer acknowledges that this breed may form conditions related to hips, knees, and elbows especially as the dog ages.

 

Article 7: Fitness of Purpose

 

1. Breeder does not provide any guarantee for Dog’s fitness or ability for any specific purpose including but not limited to herding, obedience, conformation performance, service work and/or breeding.

 

1. DOES BUYER HAVE INTEREST IN CONFORMATION?

 

Yes __ No __ Initial: _____

 

1. ALL dogs sold with full registration will be sold as a co-own and Breeder’s name  (January Shaffer) may NOT be removed from the registration without written approval from Breeder.

 

1. Pedigrees and lineage are provided upon request to show potential capabilities.

 

1. If the dog is used in a breeding program all of the following must occur:

 

1. Health testing as recommended by the Orthopedic Foundation for Animals (OFA) for Border Collies:

 

1. Appropriate DNA analysis on Dam and Sire not duplicating any disease markers, so as to prevent offspring from being affected by genetically preventable diseases.

 

1. Hip dysplasia analysis with radiographs with a FAIR or better grading (PennHIP: below breed average rating).

 

1. ACVO Eye exam with a NORMAL grading.

 

1. Buyer is responsible for any fees associated to the lifting of the registration limitation.

 

Article 8: Buyer’s Representations and Warranties

 

Buyer hereby represents and warrants the following:

 

1. The Dog will reside with the Buyer.

 

1. Buyer is not acting as an agent for any other person or business.

 

1. Buyer is not purchasing Dog for use in a puppy-mill or commercial breeding facility with the sole purpose of breeding, or for resale in a pet or retail store.

 

1. Buyer will not sell, release, or give Dog to a dog dealer, animal testing facility, research facility, or to an agent of any such business or facility.

 

1. Buyer will provide a contained area of adequate size and space for exercise and/or defecation and urination.

 

1. Contained areas may be provided by different means including but limited to proper height fencing, invisible fence, cable tie-out, or static training collar.

 

1. Buyer will not contain the dog for extended periods of time or permanently by means of cable tie-out, chain, tether, in a crate, or outside of Buyer’s property.

 

1. Should the Dog be purchased to join a kennel or live outside, the Dog must have open access to a climate-controlled environment suitable for the season and/or weather at all times.

 

1. Kennel space and/or housing must be kept in a good, sanitary, and safe condition.

 

1. Kennel space must be one of an adequate size for bedding with excess area for urination and defecation.

 

1. Kennel must be made out of suitable and safe materials.

 

 

1. Kennel flooring must be solid, non-grated, and not made of a slick material.

 

1. Should the dog reside in a kennel environment, the dog must be quarantined until all vaccination sets are received and a 10 day post-vaccination waiting period has passed.

 

1. Buyer will provide a nutritious diet and necessary veterinary care including but not limited to routine vaccinations, parasite prevention, annual physical exams by a licensed veterinarian and prompt and appropriate veterinary care in event of illness and/or injury.

 

1. In the event the Buyer sells the Dog to a new owner, Buyer must get prior approval from Breeder, and ensure the new owner agrees in writing to comply with all terms and conditions stated in the Buyer’s Purchase Agreement and must mail the Breeder a copy of said agreement at their expense.

 

1. Buyer agrees that in the event they are no longer able to or wish to care for the Dog, the Dog will be returned to the Breeder at Buyer’s expense and not receive a refund.

 

1. Buyer may also work with Breeder to collaborate alternative housing options or rehoming.

 

1. Buyer agrees the Dog will not be abandoned, taken to a shelter/rescue, or dumped.

 

1. Buyer represents and warrants that no judgments exist against Buyer nor are there any executions, attachments, or replevins outstanding against Buyer.  Buyer is not a defendant or respondent in any action or proceeding.  No petition in bankruptcy or for an arrangement of creditors has been filed by or against Buyer nor has Buyer taken advantage of any insolvency laws.

 

Article 9: Breach of Contract

 

Breach of any and/or all of the terms listed in this agreement may result in, but not limited to, a restitution of $10,000 and/or repossession of the dog in addition to any applicable fees accrued to or by the Breeder (January Shaffer), including but not limited to attorney fees, travel fees, and/or lost wages.

 

Article 10: Indemnity and Release:

 

If any action or failure to act on the part of the Buyer shall result in any claim, suit, loss, damage, injury, death, liability, Buyer agrees to defend, indemnify, and hold Breeder harmless and to pay all of the Breeder’s costs and expenses, including reasonable attorney fees, any amount paid in settlement and any award or judgement with respect thereto. Buyer hereby releases Breeder from any and all liability, costs, or damages caused by the Dog after transfer of ownership including but not limited to damage to or destruction of property and injury to any person or animal.

 

Article 11: Stud Dog Owners’ Disclosure:

 

Stud dog owner is not required to acknowledge this agreement and is not to be held accountable for any part of the agreement. If there are any questions or concerns regarding the stud dog’s lineage, health, achievements, etc. Buyer may use the contact information of Breeder listed at the top of the agreement to further discuss with the stud dog owner.

 

Article 12: Default

 

If Buyer refuses to complete the purchase at the time and place set for closing, Breeder may retain the amount paid upon the signing of this Agreement as liquidated damages.  If Breeder refuses to complete the sale at the time and place set for closing, Breeder's sole obligation shall be to return the amount paid upon the signing of this Agreement; upon payment of that sum to Buyer, Breeder shall have no further liability.

                                                                                                 

Article 14: Governing Law and Venue:

 

            This agreement shall be governed by the laws of the state of Indiana. The Parties agree that any litigation in any way relating to this Agreement shall be brought and venued exclusively in Montgomery County Indiana and Buyer hereby consents to the personal jurisdiction of these courts and waives any objection that such a venue is inconvenient or improper.

 

[Signature page follows]

 

 

The foregoing is agreed to by:

 

I, the Buyer, acknowledge and agree to abide by any and all terms and conditions stated in the Buyer’s Purchase Agreement.

 

 

 

 

Signature of Buyer _______________________________________ Date:

 

I, the Breeder, acknowledge and agree to abide by any and all terms and conditions stated in the Buyer’s Purchase Agreement.

 

 

 

 

Signature of Breeder _____________________________________ Date:

 

 

Acknowledgement of Receipt:

 

I acknowledge that I have paid the full balance and received all registration information, the dog, and a copy of all agreements into my possession.

 

 

 

Signature of Buyer _______________________________________ Date:

 

 

I acknowledge that I have received full balance and given the buyer all registration information, the dog, and a copy of all agreements.

 

 

 

 

Signature of Breeder _______________________________________ Date: