Wednesday, December 17, 2008

Terms of Endearment

I consider the contract used when I place puppies to be a reflection of my love and commitment to them, and so yes, the contract terms are those of endearment. I thought you might find the terms in our pet contract interesting to read through, and so here it is -- let me know if you have any questions or think we should add/subtract something:

1.0 Seven Day Guarantee

This dog is in good health and free from communicable disease to the best of Breeder’s knowledge. If this dog becomes ill within seven days of receipt by Buyer, Breeder will reimburse Buyer for veterinary expenses related to the illness and/or Buyer may return the puppy to Breeder for a full refund. Buyer shall notify Breeder by telephone within 24 hours of diagnosis of the illness.

Buyer is advised to take the dog to a licensed veterinarian for a wellness check within 72 hours of receipt of the dog.

2.0 Hip and Elbow Dysplasia

The Breeder has attempted to make breeding choices that maximize the chances that this dog will obtain hip and elbow certification by OFA at age two. However, recognizing the polygenetic nature of dysplasia the Breeder acknowledges that no guarantees can be made with regards to the hips and elbow of this dog.

If this dog has hip and/or elbow dysplasia such that surgery is required Breeder will provide a full refund of the purchase price once the following conditions are met:

1. The diagnosis must be by radiographic examination and evaluation by a licensed orthopedic veterinarian. Written results and a copy of the films must be provided to Breeder.

2. At her option and expense, Breeder may submit the films to a specialist of her choice for a second opinion. If the two opinions differ, a third specialist located at the nearest veterinary teaching hospital to the dog and agreed upon by both parties will be consulted for the final opinion; the cost of the third specialist will be shared by the parties.

3. Proof that the dog has been neutered is required.

The dog does not have to be returned to Breeder in order to receive a refund of the purchase price.

3.0 OFA

Buyer agrees to have x-rays of the dog’s hips and elbows taken before the dog is 26 months old for the purpose of submission to OFA. Breeder will assume the costs of the x-rays (up to $300) and these costs will be paid directly to the selected veterinarian. Buyer and Breeder will mutually select the veterinarian who will take the films, and the films must be sent directly to Breeder so that the full litter is submitted together.

4.0 CERF

Buyer agrees to have the dog’s eyes examined between 12 and 24 months of age and no less than every two years thereafter; annually is preferred. Buyer further agrees to submit all findings to CERF and Breeder.

5.0 Cardiac Clearance

Buyer agrees to have this dog examined for an OFA cardiac certification by a veterinary cardiologist between 12 and 24 months; results must be submitted to OFA and provided to Breeder.

6.0 Spay/Neuter

This puppy is being sold as a non-breeding dog and therefore will not be used for breeding. Buyer agrees to have this dog neutered between 9 and 12 months of age.

This puppy is being sold on limited registration, which means that no offspring of this dog may be registered with the AKC. Further, the dog will be co-owned until Breeder receives proof of neutering.

If Buyer fails to have this dog neutered by 12 months of age, Buyer will immediately relinquish possession of the dog to Breeder. The buyer shall pay any/all costs incurred by Breeder to recover a dog that has been maintained intact in violation of this section of the Contract.

7.0 Veterinary Care

Breeder will provide a schedule for vaccines for the first 18 months that has been developed with her veterinarian and Buyer agrees to follow this schedule. No changes in the vaccination schedule will be made unless agreed upon in writing (e-mail) by both Buyer and Breeder. A minimal vaccination schedule throughout the life of this dog is highly advised.

Buyer further agrees that this dog will not receive the medication metronidazole (Flagyl) unless all other options have been exhausted.

8.0 Training and Socialization

Buyer agrees to attend a series of puppy socialization classes with a trainer/facilities that uses only/primarily positive training methods. Breeder agrees to help Buyer locate an acceptable organization/trainer in his/her area if such assistance is requested.

Buyer is further encouraged to participate in basic obedience training class (using positive methods) following puppy socialization classes.

9.0 Address Change

Breeder shall be notified within ten days of any changes in Buyer’s address, telephone number and/or email address.

Buyer shall be notified within ten days of any changes in Breeder’s address, telephone number and/or email address.

10.0 Resale of Dog

Buyer agrees that should circumstances arise which necessitate that Buyer relinquish possession and/or ownership of the dog, the dog will be returned immediately to Breeder. Buyer will be paid one-half of the purchase price upon return of the dog to Breeder.

If Buyer is found to be in violation of this section of the Contract, Buyer will forfeit the right to the refund and will facilitate the immediate return of the dog to Breeder, The buyer shall pay any/all costs incurred by Breeder to recover a dog that has been sold/place in violation of this section of the Contract.

11.0 Title Rebates

A $150 rebate will be paid to Buyer upon completion of the dog’s first working title (CD, TD, NDD, NA, NAP, NAJ or NAJP). An additional $200 rebate will be paid to Buyer upon completion of a BMDCA Working Dog award.

12.0 BernerGarde

Breeder will enter this dog into the Bernergarde database. Buyer agrees to keep the dog’s Bernergarde record updated throughout the life of the dog, including entering cause of death. Breeder will provide Buyer with instructions as to how this is done, if needed.

13.0 Cause of Death

Buyer agrees that cause of death of this dog will be firmly established, which may include necropsy and pathology review if requested by Breeder; Breeder agrees to reimburse Buyer up to $150 for the costs of necropsy.

14.0 Information and Pictures

Buyer agrees to respond to requests for information about the dog in a timely manner and to send photos at least twice each year and preferably more often.

15.0 Possession and Risk of Loss

Buyer shall take possession of this dog on insert date. All risk of loss shall be borne by Breeder until Buyer takes possession. All risk of loss shall be borne by Buyer after Buyer takes possession of the dog.

16.0 Registered name

Buyer agrees to register this dog with the kennel name used in the possessive of Breeder (i.e., Kaibab’s). Further, the Buyer agrees that the first letter of the first word following “Kaibab’s” shall be “G”.

17.0 Contract Terms

This constitutes the entire contract between the parties and supersedes and replaces any and all prior negotiations, representations, warranties, understandings, or contracts between the parties. This contract cannot be changed except by written agreement of all parties.

In the event of litigation or binding arbitration to enforce this contract, the prevailing party shall be entitled to costs and reasonable attorney fees. Any legal action filed by either party in an effort to enforce this contract will be filed in the jurisdiction of Breeder’s residence.

18.0 FAX Transmission and Counterparts

Facsimile (fax) transmission of a signed copy of this contract and the retransmission of any signed fax shall be the same as delivery of an original. This contract may be executed in counterparts.

The little subjects of said contract are sleeping now after having a yummy breakfast of milk, and then waddling around the living room for a bit. They get more adorable by the hour! This morning we had a very close encounter with a scamper, but it was aborted at the last minute. The playing is increasing and they continue to love being held and cuddled. Tonight Cali and Kate are coming over to meet the puppies at six -- all are welcome at that time since there are eight puppies so plenty to go around :)

I know the picture of Zoey consuming poor Jamaica is a bit alarming but no harm was done and you can see that the girls were just having fun. There is a picture of someone saying hello to Faith, who is not sure what to think. Toronto is chewing on Cadi's ear, and can you guess who the two puppies on the blue blanket are? Finally, I thought you might like to see how Faith and Zoey are doing so that is them on the dog bed with the red slipper.

I hope someone whispers sweet terms of endearment to you today! Thanks for your visit and your thoughts on the contract.


  1. Love the pictures of Faith and Zoey! Faith looks like she is doing great!

  2. Mary-Ann

    Great contract! I have a few questions:
    1. What is the vaccination schedule and teh reasons behind it? Do you exclude any vaccinations?
    2. Flagyl - I wou dlove tohear your thoughts on this Rx - I have my own opinions on it but would love to hear yours.

    Have a great day! I thoroughly enjoyed seeing the "older" puppies as well as the babies.

    Cindy M

  3. This is an awesome contract!
    I especially like the vaccination and Flagyl clause (perhaps it should also include the generic name)
    If there were more conscientious breeders like M/A then things would be much better in the BMD world!
    Thanks for caring sooo much Mary-Ann!!!

    Cindy H.

  4. So good to see Faith & Zoey socializing w/the babies. Very Cute!

    The contract is a good one ~ I think you & I may have the same ideas about vacinations. I would love to hear your thoughts on this topic. Also, I do not know what Flagyl is or what it's used for...

    If I were a breeder, I don't think I could do less than what your contract states. Good for you AND good for the Breed!

    God Bless You & the Glitter Team :D

  5. Wow, I am more than impressed with your puppy contract!

    I love the vaccination contract - I think too many owners are pushed into vaccinations by their vet, and this contract will encourage owners to ask more questions about vaccinations, medications, etc.

    It is very nice to see that you encourage your puppy owners to train, work and bond with their Berners by providing a title rebate.

    You can tell that the puppies' welfare is at the heart of this contract.