PUPPY CONTRACT & WARRANTY

This Sales & Purchase Contract is effective & legal at signing by TAYLOR AUSSIES  (“Breeder”) who offers for the PARTY below (“Buyer”) to adopt their choice of  AUSTRALIAN SHEPHERD PUPPY purebred (“Puppy”) once it becomes available.

DEPOSIT AGREEMENT Upon receipt of Buyer’s deposit, Breeder agrees to reserve Puppy until it reaches 8 weeks of age, is weaned, examined by State-Licensed Veterinarian (“Vet”), microchipped, up-to-date on age-appropriate vaccinations/dewormings, & is deemed “ready” for travel & transfer should occur from Breeder who is the lawful owner of Puppy & has the right to transfer ownership to Buyer or their designee within 7 days following Deposit after Puppy is 8 weeks old & ready, whichever’s later & deposit is applied to Puppy’s Purchase Price below with balance & fees due at pickup before Transfer is complete unless otherwise agreed (“transfer”). 

In the event Puppy suffers a serious health issue before Transfer, Buyer’s payments will be applied to another Puppy of their choosing, either available immediately or available from a future litter by joining Breeder’s waitlist. Breeder reserves the right to terminate contract with immediate refund not to exceed purchase price paid + sales tax, at any time before Transfer for any reason including if Breeder learns why Buyer may not be suitable or finds Buyer or household member(s) to be animal abuser, dealer, or breeder, violent person, Pet Store, laboratory or pharmaceutical representative, etc. 

DEPOSIT IS NON-REFUNDABLE in all other circumstances including if Buyer should decide they’re no longer able to accept or care for Puppy for any reason. However, if Breeder is able to sell Puppy to another Buyer before the original Transfer date, Breeder may elect to refund Buyer’s deposit in whole or part.
BUYER’S OBLIGATIONS & CARE POLICY: Buyer will provide Puppy with adequate, human, & proper care for the entirety of its lifetime including treatment, fresh water, nutritious feed for ideal growth/optimum body conditions, sterilized shelter, suitable space inside & outside home (enclosed yard preferred, never e-collar), age-appropriate daily exercise (no force/stress/overexertion), socializing, training, grooming, & kept medically sound including annual Vet exams, routine vaccinations and/or titers to prevent common infectious diseases, routine treatment for internal/external parasites, or to prevent suffering, etc., (pursuant to law Code §3.2-65).

TAYLOR AUSSIES WELLNESS WARRANTY. To the best of Breeder’s knowledge, Puppy is healthy at the time of Transfer. Buyer acknowledges Breeder has taken every measure possible to protect Puppy, but understands Puppy is still susceptible to parasites & disease including parvo until completing the full series of vaccines/boosters at 16+ weeks of age & Buyer should prevent exposure to areas of potential contact until after Puppy is fully inoculated including open yards, Vet clinic floors, contact with unknown or unvaccinated dogs/pups, areas where dogs are walked, dog parks, pet stores, parking lots, & near feces of other dogs. Breeder offers Prescription Reimbursement up to $20 for treatment of parasites found during Puppy’s Vet fecal exam within 10 days of Transfer.

NOTICE: The sale of dogs & cats is subject to the provisions of Consumer Protection Act (§59.1-196 et seq.). In the event that a licensed veterinarian certifies your animal to be unfit for purchase within 10 days following receipt of your animal, or within 14 days following receipt if the animal is infected with parvovirus, you may choose: (i) to return your animal, or in the case of an animal that has died, the veterinary certification, & receive a refund of the purchase price including sales tax; or (ii) to return the animal & receive an exchange animal of your choice of equivalent value. In the case of an animal purchased from a pet shop or a USDA licensed dealer, you also may choose to retain the animal & receive reimbursement of the cost of veterinary certification & veterinary fees in an amount up to the purchase price of the animal. In order to exercise these rights you must present a written veterinary certification that the animal is unfit to the pet dealer within three business days after receiving such certification.

If the pet dealer has promised to register your animal or to provide the papers necessary therefor & fails to do so within 120 days following the date of contract, you are entitled to return the animal & receive a refund of the purchase price or to retain the animal & receive a refund of an amount not to exceed 50 percent of the purchase price.

BREEDER OFFERS AN EXTENDED TWO (2) YEAR WELLNESS WARRANTY, so long as Buyer has Puppy examined by Vet of their choice WITHIN 10 DAYS FOLLOWING TRANSFER & agrees to have Puppy spay/neutered (“sterilized”) no earlier than 14 months of age, but ideally after hormonal growth plates close, typically 1.5- 2 years for male & as late as 3 years for female. Unless Buyer provides Breeder with Vet’s statement of medical necessity beforehand, EARLY STERILIZATION TERMINATES WARRANTY IMMEDIATELY. 

If Puppy is declared “Unfit for Purchase” before 26 months of age due to life-threatening/debilitating congenital or hereditary defect deleterious to Puppy’s health in a statement from either OFA (hip/elbow/patella disorders), Vet Ophthalmologist (eye disorders), University Clinic Vet (other genetic disorders), or in the event of Puppy’s death, a Necropsy Report from a State Certified Laboratory, with Breeder reserving the right to have Puppy’s diagnosis confirmed by Vet of their choice, Buyer may choose one of the following: (i) to return Puppy, at which time Buyer must sign over all registration/transfer/vet paperwork to Breeder & (a) receive their choice of exchange Puppy of equivalent value within 12 months, (b) receive refund of an amount not to exceed 50 percent of the purchase price payable within 90 days; or (ii) to retain Puppy, assuming all future costs of care & provide all Vet documentation including proof of sterilization is provided to Breeder, at which time Buyer will receive reimbursement of an amount not to exceed 50 percent of the purchase price for cost of Vet’s certification/fees, and/or certified training costs directly related to defect.

Puppy is eligible for Limited Registration with American Kennel Club (AKC) & American Stock Dog Registry (ASDR), meaning Puppy may compete in classes & performance events such as Puppy STAR, CGC, Obedience, Rally, Agility, Trick Dog, Flyball, Lure Coursing, CAT, FastCat, Herding, Tracking, Field Trials, Hunting Tests, Barn Hunt, Scentwork, or Junior Showmanship, but is NOT eligible for breeding or exhibiting in most Conformation events. Breeder offers $25-50 reimbursement for each AKC Title earned by Puppy to encourage Buyer’s registration & participation with AKC sponsored events. Buyer agrees to register Puppy using the prefix “TAYLOR AUSSIE ” AS PUPPY’S FIRST NAME on all paperwork & will never remove kennel prefix or register Puppy with any other Registry. 

ONGOING COMMUNICATIONS: Both parties agree to promptly notify the other of any change of address, email, or phone number. Parties agree to maintain contact regarding Puppy at least once each calendar year (Breeder provides each Puppy a unique digital profile & photo album with free storage which Buyer is encouraged to use) & to reply as promptly as possible to inquiries about Puppy. Buyer agrees to promptly notify Breeder (i) of any major changes in Puppy’s health throughout its lifetime, including cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders or autoimmune disease, behavioral problems particularly fear, anxiety, or aggression, (ii) of any Titles achieved by Puppy as determined by AKC/other registries, (iii) if Puppy is bred intentionally or otherwise, & (iv) upon the Puppy’s death including the particulars whether natural or otherwise.

FULL REGISTRATION & A SEPARATE CO-OWNERSHIP/MENTORSHIP AGREEMENTS are required for Puppy’s exhibition in Confirmation events (eligible to select NBT/docked puppies) & for Registration of Offspring if Puppy is approved for breeding purposes. Co-Ownership & Mentorship are considered case-by-case, NEVER guaranteed, & require a dedicated Buyer & a minimum of Puppy’s good structure & disposition with confirmation to breed standard, balanced proportions, & sound movement. The cost of full registration with breeding rights is equal to Puppy’s purchase price & must be paid to Breeder before conversion to Co-Ownership. Before authorized breeding occurs, both parties must approve Puppy’s mate(s) & all animals must have AKC registration & a minimum of one AKC title, recommended CHIC, OFA, and/or PennHIP certification, proper genetic, health, breed, & trait testing.

REMEDIES FOR MISTREATEMENT & UNAUTHORIZED BREEDING: If Breeder feels at any time Puppy is not receiving proper care or treatment, Breeder retains their right to request Puppy be examined at a Vet of their choice & if Puppy is found to be victim of ill-treatment, abuse, neglect, or unauthorized breeding, Breeder has the right to take full & immediate ownership & may require Puppy to be surrendered to Breeder in South Hill, VA or its Vet/designee immediately & together with duly executed documentation transferring ownership to Breeder at Buyer’s expense for Puppy’s continued care, treatment, & transport, & Breeder’s warranties herein will be immediately terminated, & to avoid doubt, Buyer shall not be entitled to any refunds of any payments made to Breeder (“surrender”). Puppy shall not be bred at any time accidentally or otherwise & is sold solely as a companion, so breeding of Puppy is expressly prohibited. If pups are produced, such “Offspring” will be ineligible for registration. If at any time Puppy has produced any offspring, Buyer agrees (i) to pay a penalty of  $1000.00  per offspring due to Breeder in full immediately, (ii) all Breeder’s wellness warranties herein will become null & void, and (iii) Buyer will be required to immediately (a) comply with Breeder’s choice of separate Sterilization Contract or Co-Ownership & Mentorship agreement, or (b) surrender Puppy & all offspring to Breeder or its Vet/designee.

SALE PROHIBITION & TRANSFER RESTRICTION Under no circumstances may Buyer sell, transfer, abandon, dump, surrender, or otherwise rehome Puppy without Breeder’s written approval voiding this Contract. If at any time Buyer is unable to keep or care for Puppy for any reason including upon Buyer’s death or incapacity, at Breeder’s sole election, Puppy’s shall be surrendered to Breeder or its Vet/designee. Should Buyer suggest another home for consideration, that person may complete Breeder’s application process with special consideration. If surrender is determined to be in Puppy’s best interest, Buyer must ensure Puppy is vetted & medically sound, allowing reasonable time for Breeder to prepare for Puppy’s return or find suitable Foster Home. If, following receipt, Breeder decides to rehome Puppy, Breeder may elect to refund Buyer a portion of the original Purchase Price though Buyer acknowledges refund amount may be significantly less than Puppy’s original Purchase Price depending upon age, training, & condition of Puppy & such refund amount shall be determined by Breeder in its sole discretion after deducting deposit plus applicable boarding, medical, maintenance, & training fees, etc.

CLAIMS AGAINST THIS CONTRACT must be submitted at www.tsyloraussies.com/claim within 3 days of event giving rise to the claim including details, supporting documentation, Vet’s Certification (if applicable), & Breeder’s desired remedy. Certification must include that Puppy is in good health except Reason for Certification including body weight & composition, has not been neglected, injured, or used for breeding, & must include proof of Puppy’s initial Vet Exam within 10 days following Transfer, annual Vet exams & recommended followups, up-to-date vaccines & parasite prevention, & sterilization only after age 14 months. Failure/Refusal to disclose complete medical history voids all Warranties. Warranties do not cover common conditions & are limited to non-preventable defects that are considered life threatening to Puppy. Breeder cannot & does not guarantee any specific qualities of Puppy when it becomes an adult including size, conformation, personality/temperament, trainability, reproductive ability, testicles descending, inverted vulva, proper bite, retained teeth, ear standing, coat color or quality, eye color, hernias of any kind, hip dysplasia, or physical flaws. 

Breeder is not responsible for costs incurred after Transfer like treatment for dehydration, diarrhea, hypoglycemia, coccidia, kennel cough, internal/external parasites, giardia, fungal infections, conditions that can be corrected, or other preventable conditions. Puppy is sold & transferred/delivered in “as-is” condition, except as expressly & specifically set forth herein. Breeder makes no guarantee regarding the loss of Puppy due to accidental death, poisoning, theft, sickness, or any other loss beyond Breeder’s control, except as stated above.
All matters arising out of or relating to this Contract shall be interpreted & litigated in accordance with Laws & without regard to conflicting laws or provisions thereof. 

This Contract constitutes the entire agreement between the parties regarding the subject matter herein & supersedes all prior or contemporaneous agreements, negotiations, discussions & understandings, written or oral, between the parties with respect to such subject matter. No other warranties or guarantees, expressed or implied, are made by Breeder. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Contract without prior written consent of the other party. No changes, modifications or waivers to this Contract will be effective unless in writing & signed by both parties. 

In the event that any provision of this Contract is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Contract shall otherwise remain in full force & effect & enforceable. This Contract may be executed in any number of counterparts & such counterparts together shall constitute the same instrument. If a dispute arises out of or relates to this Contract, or the alleged breach thereof, & if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. 

The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. Any amount awarded shall never exceed Puppy’s Purchase Price minus deposit plus sales tax & the penalties enumerated in this contract & judgement debtor may be responsible for legal interest, attorney &/or court filing fees. This Contract may be executed by electronic signature, which shall be considered an original signature for all purposes & shall have the same force & effect as an original signature.