A thread on what we all put in our puppy sales contracts to help novice breeders with theirs, and perhaphs give some of the old hands some new ideas...

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When I first did mine I wanted it to be a clear statement of intent, what people were buying, and some advice.  I did not want a long winded legalistic document, as from what I have heard these things don't hold much water in law, but at least what it does do is prevent someone claiming I did not tell them this or that, and covers the endorsements.

I want my puppy buyers to feel they are part of my family, and as such do not want to wrap them up in legal red tape.  I want to make it clear that they have bought a companion first and foremost, whose parents have been health screeened, but that puppies are living creatures whose future development is impossible to predict, in other words I have done my best!

This is my latest version, as it has undergone small changes with experience;

Affix & Breed
PUPPY SALE AGREEMENT

Every effort has been made to ensure that your puppy is healthy in body and mind, and is sold subject to it being understood that as a living creature it is impossible to predict how it will continue to develop, especially as regards behaviour over which you will have the principal influence.

Both your puppy's parents have been HIP SCORED with good results, hold a current EYE TEST, and NORMAL KIDNEY blood test.  They are typical examples of the breed, with excellent temperaments.

The puppies have been reared with care in a busy family environment, exposed to all normal household activities.

You will see on your 'KENNEL CLUB' REGISTRATION CERTIFICATE that there are two ENDORSEMENTS on the forms.  These are to safeguard the welfare of the puppy and the breed.  Should you wish to breed from your puppy in the future, I will apply to the 'Kennel Club' to lift the breeding restriction, subject to receiving copies of Satisfactory HIP, and EYE test Certificates, and Normal Kidney blood test result.  If you have a bitch puppy, this would not be until she is over two years old.  These requirements are in line with 'THE NORWEGIAN ELKHOUND CLUB OF GREAT BRITAIN' Code of Ethics.

It is essential that you take your puppy to a Veterinarian in the first few days for a health check, and to make arrangements for inoculations.  Should there be a health problem not attributable to its journey home (travel sickness) or change in food or water (tummy upset), and this renders him/her unfit for sale as a companion, a full refund of the purchase price will be made on production of a Veterinary report.

The puppy will have been wormed at least twice before leaving its mother.  You should worm again at 12 weeks, and monthly to six months of age.  Thereafter you should worm regularly 2 to 4 times a year. 

You have been provided with food that the puppy has been reared on.  Any changes must be gradual.  As a general rule Elkhounds will need between 2/3rds and ¾ of the amounts suggested by the manufacturer (no more than 250-275g in puppyhood, and 200-225g in adulthood), puppy should be kept fit, not fat.  Puppies should be fed 4 meals a day to about 3 months of age, then 3 meals to about 5-6 months, reducing to twice a day until a year old.  After this you may wish to feed once a day, or continue with a small breakfast, and a main meal in the evening.

Please carefully read all the literature provided with the puppy, and remember that you can always contact me for any advice on care and training.  I STRONGLY recommend attending training classes as soon as inoculations are complete.  Do not let BAD HABITS develop, as they can usually be 'nipped in the bud', unnecessary BARKING especially should be discouraged.  If I do not have the answers, I can probably point you in the right direction.

The puppy is covered by six weeks Insurance, and has a tattoo in its ear for identification.  You will need to transfer the ownership with the 'Kennel club' and 'National dog Tattoo register'.

If through unforeseen circumstances it becomes necessary to find your dog a new home, you should contact me as I may be in a better position to find the RIGHT new home, this would normally not entail any refund, as the adopters would not expect to pay for an older pup or adult dog.

I hope your puppy will be a valued member of your family for a long happy healthy lifetime.  ENJOY!!!  

PUPPY'S REGISTERED NAME:    ...........................................

KENNEL CLUB REGISTRATION NO:  ...........................................

EAR TATTOO NO:        ...........................................

DATE OF BIRTH:          SEX:
.............................................      .................................   
Name and address (New Owner):       (Breeder):
.............................................      BARBARA B******
.............................................      ** ****** AVE
.............................................     
.............................................      BRISTOL
.............................................      BS1* ***
Tel No:   .................................     Tel No:  (0117) 9******6

Signature (New Owner):                   (Breeder):

.............................................      ...................................

Date:  ....................................

(Updated)

Our contract for Holly says:

Name of Dog.........
Date of Birth.........
Reg Number..........
Breed......... Colour........
Breeder........
Address.......

Purchaser.........
Address...........

The breeder warrants title of the puppy but no other warranty as to the soundness or otherwise is given except as may be implied by law. The Breeder has by good breeding practice endeavoured to reduce the probability that the animal may in future be seriously affected by an inherited defect, which is not apparant at the time of the sale. Such risk shall be borne by the purchaser.

If a veterinry surgeon shall within ....... months of the sale certify that the soundness of the animal is seriously affected by an inherited defect the breeder shall refund to the purchaser ..... per cent of the purchase price. The purchaser has read and accepts the above conditions of sale and the endorsements of the Kennel Club listed below.

KC Endorsements
a) Not for export
b) Not for breeding.

The breeder has inserted 6 months and 50% refund.

-------------------------------------------------------------------------

We were quite happy with this contract but feel that perhaps it doesn't go far enough. There is no mention of what would happen if we would need to rehome the puppy or what would need to happen to have the breeding endorsement lifted. I would have been quite happy to sign a contract along the line of Brainless' as detailed above. I know that a lot of people get a bit funny about signing contracts as they are paying money for the puppy and don't want to be restricted in what they can do with it. If we ever breed from Holly then our contract will be very strict and anyone who doesn't agree with it can go jump!!

Fiona

i never had a contract with my girl - but think they are a good idea and i am putting one together for when i have a litter (soon hopefully !) how do you go about putting endorsements on puppy sales - is it through the k.c - or do you have to put it the registration forms etc ? as in my job i see so many irresponsible people i would like to think a puppy of mine if it was to be bred from could only be bred if it had all the appropriate tests etc and i knew about it. i wouldn't want any of my puppies falling in to the wrong hands so to speak.
(not that i could do anything about it anyway but i suppose it deters people from just breeding and not doing it properly.)

When you register your puppies with the kennel Club you can put 2 endorsements on the registration.
1, Progeny not eligible for registration (ie any puppies bred from your puppies will not be registered).
2. Not eligible for export.

Before selling a puppy you must make it clear to the purchaser that the endorsements are on the registration (it is probably as well to get a signature from the purchaser to state that they understand this), as if you have not made it clear the KC will lift the endorsement with or WITHOUT your agreement.

Joan
Take the rough with the smooth

This is our sales contract....

Affix and Breed.
Date of Birth.
Purchase price.
Date of sale.
Sex.
Colour.
KC reg number.
Dam.
Sire.

Your puppy has been raised in a busy household enviroment and therefore is used to the doorbell, hoover, telephone , people laughing and all everyday noises. He/she has been handled and socialised since the moment of birth. He/she has within the last two days been health checked by our vet. You have 48 hours to have your vet health check the puppy. If anything is found that you are not happy with , we will take back the puppy and refund your money.

You will find two endorsements on your pups registration. This is to protect your puppy and if you wish to breed from her/him at a later date, we will lift the breeding endorsment providing that the dog is a good specimen of the breed and is of sound temprement. We will not lift the " not for export" endorsemnt unless you can prove to us that you are emigrating.
Do not change your puppys diet suddenly. Follow instructions given on the diet sheet.Change it gradually over 3-5 days.This will reduce the risk of stomach upset and diarrhoea, which can be very serious in young puppies. Keep to a low protein diet during the first twelve months.
Feed your puppy regularly at approx same time each day whenever possible.
Please be aware of a condition called Gastric Torsion, commonly known as bloat. This is a life threatening condition and a true veterinary emergency. Many deep chested breeds are prone to this condition. Research has shown that the risk can be greatly reduced if the following steps are taken...Always feed your dog from a raised feeding bowl, also offer water in the same way.
Do not exercise your animal an hour before or an hour after feeding.
Do not allow your dog to drink LOTS of water directly before or after feeding.
Do not feed your dog if it is panting heavily.
Do not feed your dog a gassy dog food.
Do not allow your dog to drink lots of water if he /she is very warm.
Your puppy has been checked for Liver Shunt and carries a clear certificate.
Your puppy has been wormed three times. Regular worming is very important to your dog. Please continue to worm approx every three months, throughout your dogs life.
You are strongly advised to take out a fully comprehensive insurance cover on your dog when the puppy cover lapses. Wolfhound vet bills can be very like the dog itself..big!!
Do not let your puppy climb up and down stairs or jump on and off furniture.Damage to legs and joints can easily occur in young Irish Wolfhounds.
Do not over exercise your puppy. A short daily walk is sufficient up until 6 months of age.
Make sure your pup has soft bedding to lie on, away from damp and draughty areas.
Give your puppy toys to play with that are safe for a mouth that big. No little balls, tiny toys,
Do not give Wolfhounds hide chews of ANY size.
Right from the start train your puppy to allow you to take food and toys away from it. This action may one day save your dogs life.
I f there is anything in this contract that you are not happy with and do not wish to sign, we are sorry, but we will be unable to sell you one of our puppies.
We are always at the end of the telephone for you, 24 hours a day, if you are worried or concerned ,call us!!
Finally, if anytime throughout your dogs life, at whatever age, or for whatever reason,you can no longer keep your dog, we will ALWAYS take the dog back. We bred him / her and as the breeders are committed to the dogs welfare and well being.
Please keep in contact, and let us know how the pup is doing, we love them as much as you do.

That is a good, clear and fair contract brainless.
Ted

Thank you, it has undergone a few minor changes in its evolution. I first started doing one with my third litter, after reading about the responsible Labrador owner was found against with a pup with Hip Dysplasia. The fact that she had generations of good scores behind the puppy didn't carry any weight, as the buyers claimed they hadn't known about the possibility of Hip Dysplasia!

I too have a similar contract(which I really don't want to type all out...I'm lazy) with the exception of a post card I give out to all purchasers. It states all pertinent info of the pup regarding vacs given, wormers, sire, dam, date of birth, and the buyer needs to take it to the vet of their choice within three days of picking up their pup. The vet fills in a comment section and signs it and the buyer mails it back to me for my records.

This is our one - very similar in essence to the others:

Name……………………………………………………………………………………………………

Born …………………………..Sex…………………………….Colour………………………………

Kennel Club Registration No. …………………………………………………………..

Please read this very carefully.

1. Your new puppy has been bred and reared with the utmost love and care to every detail. These points have been drawn up to maintain the quality both in your puppy and in the Flatcoated Retriever breed.

2. The puppy is believed to be in good health but you are strongly advised to take it to your veterinary surgeon for a general health check within four days of purchase. It is always useful to establish a relationship with your vet at this stage. This check and any tests or examinations associated with it must be at your expense.

3. If your veterinary surgeon finds any problem which, in his their opinion, renders the puppy unfit for sale, I will take the puppy back and refund the full purchase price on condition that the puppy is returned within seven days of purchase and is in the same state of health as when it was sold. Before purchase you should consider the puppy as a living thing which will become a much loved member of the family in a very short time, and this may effect what you wish to do if return of the puppy becomes necessary. After drawing your attention to this possibility, I can not be held responsible for any distress caused to you and your family by return of the puppy.

4. Before purchase, I recommend that you consult your veterinary surgeon about this breed and any possible diseases, genetic or otherwise, to which it is prone, and you accept that I, the breeder, can not be held responsible if such a disease develops later in life; after a satisfactory preliminary examination by your veterinary surgeon.

5. The Flatcoated Retriever Society have recommended that your pup's pedigree is endorsed with a Kennel Club Export Restriction, to prevent export to parts of the world where standards of canine care are low. Additionally, in an attempt to prevent puppy farming, a breeding endorsement is also in force. Both of these endorsements can be lifted by myself, or my executors should you have a bona-fide reason to emigrate or to breed from your dog after proof of satisfactory hip-score and eye test.

6. Should your circumstances change in the future and you become unable to keep the Flatcoated Retriever, he/she should not be placed in general rescue kennels but referred immediately to me, the breeder.

7. The purchaser agrees to abide by the Code of Ethics drawn up by the Flatcoated Retriever Society.

Signed ……………………………. J.H. Hewison (Breeder)

Purchaser ……………………………………. BLOCK CAPITALS ……………………………………

Date ………………………………….

Pretty similar to mine Brainless, like you I offer a full refund on any puppy found to be unsound on examination by vet but I also offer the pruchase price received from rehoming a puppy or dog returned later (less reasonable expenses). Mindfull that the contract probably has no effect in law I feel that if some return was not offered the purchases would be too tempted to try to sell the dog themselves to recoup losses

I think it depends on the breed a bit here, it is not usual to have to pay much if anything for a second hand Elkie to my knowledge, and I work on the basis that I have sold the dog once, and if someone is willing to take on a hooligan as an adult (or older pup) who may have Issues to sort out from lack of training, then the fact that they haven't had to part with a cash will be recompense for this! Also oft4en the perfect owner with bags of experience, found through the doggy grapevine is often not in a position to buy a pup!

Also if I SOLD an older dog, I would feel that I was not offering the same guarantee of what I am selling as when it was a few weeks old, and it had been entirely shaped by me and genetics, as the pup or dog will have had influences on it for which I would not feel happy taking money. I don't know if I am getting this across how I mean, I just find that to sell a dog a second time is wrtong, as I can't gurantee what I did in a pup, a blank sheet of paper to be written on by the new owner, with their training and and rearing!

Your have some valid points there Brainless but what about my point about the owners being tempted to sell the dog themselves rather than return it if they feel they want to recoup some of there losses particularly if it is not a problem dog but a break up of relationship for instance.

I think I may have gone over the top somewhat on my contract but as things have come up I have added them, some clauses vary a bit depending upon the situation of the purchaser and the pup - would appreciate your thoughts on it
Christine
~~~

This is an important document. You should not buy the Puppy and sign this Contract unless you intend to be bound by its’ terms.

This agreement is dated-------------
Between Christine ....... (The Breeder)
(Referred to in this document as me, my, I.

And (The Buyers)
Of: Telephone:
(Referred to in this document as you, your, yours)

Particulars of the Dobermann Puppy:
Name:
Registration No:
Microchip No
Sex Bitch
Date of Birth
Price £
Colour Black & Rust

1. Certain breeds of dogs may be affected by disease, some of which are genetic, or partly genetic in
origin. You acknowledge that:

1.1 You have been advised to consult a Veterinary Surgeon to discuss this Breed and any potential problems the breed may have. A Veterinary Surgeon is the person best qualified to
advise you on such matters.

1.2 The parents of this puppy has been Hip Scored and DNA tested for von Willebrands Disease & Eye Tested for PHPV
Dam (results)
Sire (results)
(plus any puppy testing)

I believe the Puppy to be in good health, but gives no warranty to its health

2. You are advised to take the Puppy to your Veterinary Surgeon for a general health check
within four days of the purchase date. The check and any associated tests, examination or certificates,
will be at your expense as you hereby acknowledge.

3. If the Veterinary Surgeon finds any problem which in his opinion renders the Puppy unfit for sale, you may return the Puppy for a full refund of the purchase price provided that:

4.1 You specifically confirm that I will not be held responsible for any distress caused by the return of the Puppy.

4.2 You are solely liable for any costs associated with the return of the Puppy to me.

4.3 The Puppy is returned within 5 days of sale in the same state of health in which it was sold.

4.4 You provide a written statement from your vet setting out the problem and including the name and identifying microchip number.

4. You guarantee that the Puppy will not be transferred to a third party, without my express
permission in writing under any circumstances. If this clause is breached, and I am forced to locate the Puppy, you acknowledge that you will be liable for the costs of recovery, including overseas recovery if the Puppy is found to be exported, whether or not the you knew the Puppy was exported.

5. You guarantee that your fencing is sufficient to keep an active Dobermann within your grounds and that this Puppy will not be kept permanently in a kennel or cage, or tied up and will not be regularly left unattended for periods longer than four hours.

6. You confirm that you will properly house, feed, water and exercise this dog and will arrange for appropriate veterinary attention if and when required. Not allow it to roam at large or to cause a nuisance to neighbours or those carrying out official duties and when away from home will ensure that the dog wears a property tagged collar and shall be kept leashed or under effective control.

7. Should you have any tests undertaken on this dog including tests for Hip Dysplasia, Heart Tests, Thyroid, von Willebrands Disease plus any other tests which could be of interest to me due to their possible effect on future breeding programmes a copy of the results will be passed to me. All tests to be undertaken at the your cost.

8. You confirm that you will attend training/socialisation classes with this Puppy (It is advised that these are carried on for at least two years to ensure a well socialised and trained Dobermann

9. You agree to advise me twice a year of the dog’s progress by virtue of phone calls or photographs or video tapes showing the condition of the dog and will not hesitate to contact me with any problems or questions that the you may have concerning the ownership of the dog.

10. You guarantee that if for any reason you are unwilling to keep the Puppy/ Dog at any time,
I will be given the first opportunity of re-homing.

11. You will inform the me of any and all changes of address and/or telephone numbers during the ownership of the dog.

12. The Kennel Club Registration Form states that this puppy cannot have an Export Certificate. Should you decide to permanently reside abroad and provide me with proof of this intent this restriction may be lifted at my discretion.

13. The Kennel Club Registration Form states that the progeny from this Dobermann may not be registered. This means that should you breed from this dog you cannot register its offspring. This restriction may be lifted at my discretion should all health checks and tests have been carried out, if she has been shown and deemed by breed specialist judges to be a good specimen of the breed, and the proposed (health tested) mate approved by me in each instance.

14. This Puppy is sold as a Pet.

Signed by Breeder ______________________________ --___ Dated _______

Signed by Purchaser__________________________________ Dated _______________
By signing this contract the Purchaser(s) confirm(s) that they have read and agree to all the terms set out within.

These are all excellent contracts and I am going to save them on my disk so I can use them to help me when I breed my first litter of German Sheps. Thankyou everyone, I love this board!!

Can I just say as a potential puppy buyer I have found this link very helpful, I now know what to look for.

I do have a question though, you mention the bit about the not fit for sale if this is found by a vet you will take the pup back, what if the people want to keep the puppy despite anything that is found and they're just telling you for future breeding info? Can they still keep it?

I only ask because if I bought a pup (hopefully I will be soon) and I could see that the breeder had done everything possible to ensure hereditary stuff (better word could be used I know) was not passed on, all the necessary tests etc, or if it was just one of those things that nature has a habit of doing I would still want to keep it, this is mainly from a pet point of view though.

Reefer, no breeder would insist that you returned a puppy, in fact I don't see how they could, the clause is there to be fair to the buyer, it says, if your vet is not happy with the pup we will refund if you return it in a specified number of days, after that we will be happy to help with any problem but don't expect your money back after 10 months because you are fed up with the hair or have discovered that the dog has a tooth missing. Sure you will have no trouble at all, it is just breeders trying to protect themselves in this increasing desire to rush to the court over everything when once we would have been prepared to talk it through and come to an agreement without filling the pockets of the leagle minds. Jackie H

Hi Reefer, If the vet found a problem with a pup that I had sold you, I would be very happy that you wanted to keep the pup, and I would return you some of the purchase price, as I had sold you a less than perfect puppy. The amount returned would be decided by both parties, and would depend on how serious the problem was.

Thank you both. It's a sad sign of our times when you have to include it pah dog hair, where would I be without it:D It gives me hours of fun removing it from clothes, ovens, other peoples houses.........

Hi Reefer,

If a vet found on examination, for instance, that a pup had a serious congenital life threatening problem that had not shown up previously and then a buyer might want to return the pup and either exchange it (if there are any available) or have their money back. This is one of those clauses that is put in to be as fair as possible to both purchaser and breeder.

Unexpected and unforseen health problems that are not apparent when very young are also a very good reason for insuring puppies before their leave their breeders.

Christine

If say it was discovered that the puppy would have a lifelong problem, entailing permanent medication or expensive ops to correct, and the buyer still wanted to keep the pup, I would refund the purchase price, and they could keep the pup, but it would be at their own expense!

I have in the past put relinquishing and new owner together, and money has passed between them, but when I take a dog physically back into my home, I have no idea when and in what circumstances the homing will take place, so as I will be taking back full responsibility of the dogs future, I do not give a refund, and have never taken money when I have rehomed!

It has only happened to me once (but then I have only bred 3 litters ) all I took from the purchase price was the cost of my petrol going to collect him and £10 for keeping him at my house for a couple of weeks. I just feel I want to avoid purchasers looking in loot and thinking they could get a couple of hundred rather than nothing from returning him as per contract. As far as charging the new people I would have gladly given him for nothing they were the best home I have ever found but I felt I had to keep to my side of the contract too