Contract

This is a sample contract, when our adoption is completed, a personalized contract will be provided. One contract for the buyer and one for MEGABUCKS.

MEGABUCKS AUSTRALIAN SHEPHERDS
Sherry & Terry Clark, 1398 Antelope Valley Road, Reno, NV 89506
PHONE: 775.970.3145 FAX: 775.970.5071

EXCLUSIVELY AUSTRALIAN SHEPHERDS SINCE 1970
ALL HOME RAISED

AKC/ASCA REGISTERED AUSTRALIAN SHEPHERDS

SALES CONTRACT

SECTION I

This is to certify that the Puppy (hereinafter “the DOG”):

Date of Sale: _______________

Recommended By: _____________________________

Purchase Price Of Dog: __________________

Sex: ________________________

Sire: ___________________________________________________

AKC Registration #: _________________

ASCA Registration #: _________________

Dam: ___________________________________________________

AKC Registration #: _________________

ASCA Registration #: _________________

Date Of Birth: ______________________

Place Of Birth: ______________________

Color and description of Puppy: _______________________________

AKC Litter #: _______________________

AKC Registration #:__________________

ASCA Litter #: ______________________

ASCA Registration #: _________________

AKC Registration (Certification or Application) FULL or LIMITED

ASCA Registration (Certification or Application) FULL or NOT FOR BREEDING

Registration papers with AKC and ASCA are included with the purchase OR will be mailed as soon as Seller receives them back from the Registering Organizations. The registration papers will include, as the first word of the DOG’S registered name, the MEGABUCKS kennel name.

SECTION II

CLASSIFICATIONS

SHOW POTENTIAL is defined as a pick puppy that has the potential to be shown and titled in any competitive show venues; including, but not exclusively limited to one or more of the following: conformation, obedience, agility, herding, tracking and any other acceptable competitive venue. Said puppy will be free from disqualifying faults at maturity as defined in the AKC’s (American Kennel Club), or the ASCA’s (Australian Shepherd Club of America) Breed Standard.

BREED POTENTIAL is defined as a puppy that has the potential to develop into a dog of sufficient merit so that, while it may not title, will have no genetic fault(s) that would preclude breeding to a like or better dog.

COMPANION QUALITY is defined as a puppy that may have a disqualifying fault or other shortcomings that precludes showing and/or breeding. Said fault will not prevent the puppy from living an otherwise normal and healthy life. Companion quality puppies are sold on a spay/neuter contract, with spaying/neutering being recommenced no earlier than the age of six months or later than the eighth month. Seller will mark registrations as “LIMITED” (AKC) and “NOT FOR BREEDING” (ASCA). While it may be capable of performing other functions, no warranty is given as to its fitness for any special purpose.

Show Potential and Breed Potential Dogs MAY be sold as Companion Quality. When that is the case, said DOG shall be sold on a “LIMITED” or “NOT FOR BREEDING” basis and said DOG will be required to be spayed/neutered.

BUYER AND SELLER AGREE TO THE FOLLOWING PROVISIONS OF THE SALE:

SECTION III

SELLER’S STATEMENTS AND REQUIREMENTS

This DOG is the offspring of AKC and ASCA registered parents. The pedigree is correct and given at the time of sale. The DOG can be registered with BOTH the AKC (American Kennel Club) and ASCA (Australian Shepherd Club of America) on a FULL or LIMITED (AKC) or FULL or NOT FOR BREEDING (ASCA) terms as indicated in Section I of this agreement.

At the option and expense of the buyer, this DOG may be taken to a licensed Veterinarian for a thorough health examination within 72 hours (working days) from the time of purchase.

If the examination provides information that causes the buyer to wish to return said DOG to the seller, the buyer will provide the seller with a signed statement from a licensed Veterinarian stating such reason(s). Seller/Breeder will then have the option to have the DOG examined by the seller’s choice of licensed Veterinarian. At such time both Veterinarians find the DOG to not be healthy, MEGABUCKS will refund the Buyer’s purchase price or give a replacement puppy at the Breeder’s/Seller’s first available opportunity.

At the time of sale the DOG is GUARANTEED to be of sound temperament, free from hereditary crippling defects, and free of disqualifications as defined in the AKC’s (American Kennel Club), or the ASCA’s (Australian Shepherd Club of America) Breed Standard. Furthermore dogs sold as SHOW POTENTIAL are guaranteed to earn AKC and ASCA Championships with “reasonable showing”. Should said DOG be determined by two (2) knowledgeable, but disinterested parties, not to be of show quality, a replacement puppy will be offered at MEGABUCKS’ first opportunity. Should the buyer wish to retain said DOG, they may. However, they must first provide MEGABUCKS with written verification from a Veterinarian as to said DOGS spay/neuter. MEGABUCKS will then provide written permission Seller may keep said DOG.

SECTION IV

MAINTENANCE AND CARE OF SAID DOG

The Buyer certifies, by signing this agreement, that the DOG will live with the Buyer, be confined within an enclosed fenced area (unless otherwise agreed to between seller and buyer). A six-foot fence is best. Whether the area is a fenced area or an agreed to “confined” area, the DOG is to be kept safe from traffic, predators or other dogs not owned by buyer. DOG will have proper shelter, adequate exercise, nutritious food, and a constant supply of clean water. Said DOG must be given love, attention from buyer, and be provided necessary health care from a licensed veterinarian, including all puppy vaccinations and thereafter-annual check ups and needed vaccinations.

Buyer also certifies, by signing this agreement, that he/she is not acting as an agent in this purchase, that the Buyer will not resell this puppy to a pet store, guard dog business or medical research facility.

It is understood that should the seller ever have evidence that said DOG is not being “properly” cared for, as confirmed by two Breeders of their choice, of a Humane Agent, or a Public Animal Control Agent, the DOG will be repossessed by MEGABUCKS and all registration papers must be signed over to MEGABUCKS without enumeration to the Buyer. The possible means of poor care may include, but are not limited to: Lack of Food, Water, Shelter, Appropriate Veterinary Care, Repetitiously Running at Large; Creating a Public Health, Welfare, or Safety Nuisance.

SECTION V

GUARANTEES

Seller guarantees the DOG against any inheritable/genetic defects for two years, four months (28 months); including, but not limited to temperament, hip dysplasia and any genetic eye defects. The guarantee for epilepsy will be given until the 4th year. The guarantee will be null and void for any of the following reasons:

Seller shall not be held responsible for the development of non-genetically derived disqualifying faults, diseases or disorders that are due to Buyer’s negligence.

Seller makes no guarantee regarding loss of the DOG due to accidental death, or theft. Seller shall not be held responsible for acts of the DOG that are due to Buyer’s negligence.

Said DOG should have annual veterinary check-ups. This includes Heartworm, and current immunizations. NOTE: Australian Shepherds may react severely to Heartworm medicines containing the drug called “Ivermectin”. If buyer uses Heartworm medications containing Ivermectin, seller bears NO responsibility for illness or death of DOG.

Seller guarantees said DOG’s temperament, but strongly recommends that the buyer and said DOG attend puppy socialization, conformation or obedience classes and provide proper socialization for said DOG. Seller will not guarantee temperament if said DOG is secluded and un-socialized.

SECTION VI

CHANGE OF CLASSIFICATION

Dogs classified as SHOW POTENTIAL that are sold as such and prove not to be show quality, MEGABUCKS will replace said DOG at their first opportunity. Note definition above for SHOW POTENTIAL (Section II, page two). The Australian Shepherd is a versatility breed; therefore the classification is not limited ONLY to Conformation.

Dogs MAY be sold on a “LIMITED” or “NOT FOR BREEDING” basis, awaiting verification that said DOG may be worthy of reproduction. Upon agreement by two (2) knowledgeable, but disinterested parties, that said DOG is determined to be an asset to the breed, breeder will change said DOG’s registration to “FULL”. This will happen ONLY after the DOG is determined to be “Breed Potential” and health clearances are provided to seller, OFA or PENN HIP for hips, and Eye Clearances as provided by a Board Certified Canine Ophthalmologist.

SECTION VII

REFUND OR REPLACEMENT

If the DOG:

Exhibits and is diagnosed with any serious, disqualifying genetic defects(s) within the allotted time as stated above (Section V, item 4).

Develops any disqualifying faults as defined in the AKC's (American Kennel Club), or the ASCA's (Australian Shepherd Club of America) Breed Standard.

Is diagnosed with any genetically derived medical disorder that is attested to by two unassociated veterinary reports. One of Breeder/Seller's selection and one of Buyer's selection.

Thereby causing Buyer and Seller to agree that said DOG cannot ethically be bred (only applicable to Show Potential and Breed Potential Dogs), Seller will, upon provision of veterinary reports, and where applicable, Orthopedic Foundation for Animals (OFA) report and or PENN HIP report; or Canine Eye Registration Foundation (CERF) for the eyes, provide the Buyer with the following options:

Should Buyer choose to keep said DOG and accept refund, Seller will refund $100.00 of the purchase price. DOG must be spayed or neutered before refund check will be issued, and Buyer’s veterinarian of choice must provide a spay/neuter certificate to Seller.

Should Buyer choose to keep said DOG and accept a replacement quality puppy, Buyer must pay the going price of a pet puppy, but will receive no refund. Any shipping or miscellaneous charges associated with transport of replacement puppy will be the Buyer’s responsibility.

SECTION VIII

FINANCIAL AND CO-OWNING AGREEMENTS

Seller has sold the above DOG, GUARANTEED to be healthy and free of debilitating diseases. The full price is stated above in SECTION I. The payments shall be paid in the following manner:

______________________________________________________

Said DOG shall be registered in both sellers and buyers name until such time as the DOG is “paid in full”. At that time Seller will sign off registration(s) allowing said DOG to become exclusively owned by buyer.

BUYER UNDERSTANDS THAT PAYMENT IS DUE AT THE TIME BUYER TAKES POSSESSION OF THE DOG OR, IF BEING SHIPPED, PRIOR TO DATE OF SHIPMENT. PAYMENT MAY BE BY CASH, MONEY ORDER OR BY CASHIER’S CHECK MADE PAYABLE TO SHERRY CLARK.

SECTION IX

GENERAL

Reiterated from above -- Before any guarantees will be honored, Buyer must provide Seller with statements from Buyer’s selected veterinarian, on veterinarian’s letterhead, stating the health condition, and the genetic origin of health condition, of said DOG. Seller reserves the right to have the veterinarian of his/her choice evaluate the DOG’s condition, at Seller’s expense, before the guarantee will be honored, except in the case of OFA or PENN HIP evaluated hips.

Seller retains right of first refusal if at any time in the life of the DOG the Buyer is unable or unwilling to keep the DOG. If Buyer desires to sell the DOG, Buyer agrees to contact Seller and allow Seller the first opportunity to purchase the DOG. If Seller exercises the right of first refusal and takes the DOG back with the intention of selling the DOG to another Buyer, Seller agrees to pass whatever amount of money Seller receives for the sale of the DOG on to Buyer (unless said DOG is on a payment plan and not yet paid for in full), less any veterinary expenses that Seller incurs as a direct result of first Buyer’s ownership of said DOG. Seller will not charge Buyer any commission of fee for selling the DOG. Seller also retains right of first refusal to take the DOG back should Buyer wish to place the DOG in a new home, but does not wish any money back. If Seller declines to exercise the right of first refusal, either to purchase the DOG back or take the DOG back with no monies exchanged, Seller may assist Buyer in finding a new home for the DOG. If Buyer finds a new home for the DOG, Buyer agrees to provide Seller with the name, address and phone number of the new owner. Seller makes no guarantees regarding finding a new home for the DOG, but will make its best efforts to assist Buyer with finding a new home.

SECTION X

CLOSING ITEMS

The Sales Contact is non-transferable. Should Buyer relinquish ownership in the DOG, for any reason, this Sales Contract shall be deemed null and void. A copy of this Sales Contract shall be as valid as the original.

If the contract is voided, penalties will be assessed. They will be assessed on (including, but not exclusively) lack of care; lack of neutering, if required in the contract; breeding without a signed breeding agreement; disposal of dog, in any way, without notifying the breeder. Other issues not listed here may cause the contract to be voided and assessed penalties, but those will be determined upon the severity of the issue. The price of the assessment will vary depending upon the severity of the penalty, but will not exceed the cost of the dog.

This contract has some very strong language. It is not because we hope to scare away buyers, but because we truly love this breed and our dogs. We hope you will feel the same bond and responsibility towards the DOG. When you sign this contract you have been trusted with a DOG that will become as special to you as it has to us. Each placement is done with the utmost care and research to provide the VERY BEST POSSIBLE home for the DOG. We at MEGABUCKS hope you care the same for the DOG, but we will also be there to protect our DOG for its entire life, and be there for you if for any reason you cannot keep said DOG. MEGABUCKS made the choice to do this breeding and by placing this litter on the ground, we feel responsible for the life of this puppy as it grows into a dog, and forward to old age. MEGABUCKS feels that responsibility as long as the DOG may live. Please don’t be offended by the strong and binding contract. REMEMBER, it is for the DOG.

If the signed contract is not returned within one week, the contract is "null and void". The dog will need to be returned, the purchase may or may not be refunded and any new contract, if determined one will be needed, will need to be negotiated if the dog is still to be purchased. The final decision in the negotiation will be at the decision of the breeder.

In the event of a dispute, the County of Washoe, in the State of Nevada will have jurisdiction over the matter.

Seller’s Signature: ______________________________________

Date: _____________________

Seller’s Name: Sherry or Terry Clark

Seller’s Kennel Name: MEGABUCKS

Seller’s Address: 1398 Antelope Valley Road, Reno, NV 89506

Sellers Telephone: 775-970-3145

Buyer’s Signature: ______________________________________

Date: _____________________

Buyer’s Name: _________________________________________

Buyer’s Address: _______________________________________

Buyers City: ___________________________________________

Buyers State: __________________________________________

Buyers Zip: ___________________________________________

Buyer’s Home Phone: ___________________________________

Buyer’s Work Phone: ____________________________________

Buyers e-mail address: __________________________________

SINCE WE NO LONGER BREED, YOU MAY USE OUR FORM IF YOU NEED TO.