Ok I am trying to move my breeding statis up a few steps.
So far with our first two litters we have only given sales agreements.
Now I would like to give health guarantees, but not sure how to word them or what all to put in them.
We started out very small with only one male and one female. I didn't do the health guarntees before because well one like now I wasn't sure what to put in them.
Most people will replace the puppy, but I felt with only have the one female that probably wasn't the best way to go. Most people that get one bad puppy will not want a puppy from the same parents. Let alone sometimes the same breeder.
So what does your health guarantee cover. Do you not cover hips or is that a totally diffrent guarantee?
I know the people we bred our corgi with have a health guarantee and a hip dysplasia guarantee.
Can you not combine the two with health and gentics?
Also with a dysplasia guarantee the people we bred the corgi to have on their guarantee that the dog most be checked out by OFA.
Will OFA look at x-rays of dogs that are not registered. Because so far out of 18 puppies only three have been registered. So I am not sure that is going to work for us either. Maybe that will get more of them to register who knows.
You should check you state puppy lemon law if it has one and write your contract accordingly since it will override any conflicting terms in the guarantee you provide.
I give 2 health guarantees. One is with the sell contract and it is basically for the general health of the dog that states that to the best of my knowledge the dog is healthy at the time of purchase. I give the buyer 2 weeks (state law) to take the pup to a licensed vet. If anything is wrong, I give them 3 choices. 1. At their discretion, they can bring the dog back and get another dog or a full refund back. 2. They can bring the dog, let me treat it at my expanse and give it back when it is better. 3. Keep the dog and I will pay for their vet bills up to the purchase price.
The second guarantee is for genetic/congenital disorders the dog may have for the first 2 years of his life. That will include the hips. If any problems do arise, I will refund the purchase price. At that age, I won’t ask for the dog back.
The OFA is for dogs 2 years or older. This is why when you guarantee the hips, you need to give them at least 2 years so the OFA can certify their hips when they are old enough. They will look at the x-rays of younger dogs, but will not issue the OFA certificate. They will tell you however the conditions of the hips which should satisfied the breeder’s requirement if there is a problem before the age of 2. What the breeder want is the OFA to say that the hips are bad, not just you or your vet.
Unfortunately there are hundreds of things that can be considered congenital. Congenital can be any defect/condition that the dog was born with. Like a heart murmur, umbilical hernia, undescended testicle or cleft pellet for example.
Many congenital/hereditary conditions do not adversely affect the dogs quality of life and do not need any medical intervention, so these conditions are not usually covered. Only things that require medical attention are usually covered. Make sure you mention that in your contract.
You have just purchased an A.K.C. English Springer Spaniel. Your puppy has received his appropriate shots & worming to date. Shot record enclosed. (then goes on about getting other shots) This puppy is guaranteed in health for 1 year from date of birth expiring on ______________.
This guarantee covers all genetic defaults including progressive retinal atrophy & retinal dysplasia that would lead to blindness. I require a conformation letter be wrote and signed by a certified Ophthalmologist accompanied by a copy of the CERF exam.
Hip dysplasia that would cause a painful, unhealthy life leading to the decision of uthanization. I must receive a Consensus Hip report from OFA, Orthopedic Foundation for Animals.
In the event of a death before or on said date, I must receive a necropsy report from your vet stating that your puppy passed away as a result of a genetic default, nothing caused by the purchaser, deliberate or accidental. In such an event Bear Country will provide purchaser with a replacement puppy, same sex, of equal value from current or future litter when available.
I understand this guarantee is offered to the original purchaser only, if sale or transfer of this dog becomes apparent this guarantee is null and void. It is against this contract to sell or place this puppy in a shelter or puppy mill.
If for any reason you are not able to keep your new pup at any age during his or her life they are more than welcome to come home to Bear Country!
Maybe that will help you, get an idea on what to write. Since you don't want to replace puppy you could just put "provide with money back" or whatever. Good luck!!
I actually prefer to give the money back and not have to deal with the buyer ever again. Offering money back is the best way to avoid conflict and bad blood between the buyer and breeder. They are much less likely to bad mouth you if they believe you did everything you could to make it right with them.
Best way to avoid problems is to disclose any problems you are aware of to the buyer so there are no surprises. If the buyer is aware of a problem and still want to buy the dog then you should be legally absolved of any responsibility for this specific problem. Just make sure you disclose everything in writing. I leave about 5 blank lines on my contract for additional terms that are specific to the pup just for incases.
As long as the buyer is aware of averything and you both agree to the terms, then you shouldn’t have a problem.
Here is a copy of my guarantee for you to reference. I have American Bulldogs, so obviously some things will not apply to other breeds, but for the most part, it covers the basics. Some things about deposits, etc. are listed as I have people fill out these contracts as I recieve thier deposits (often times before pups are even born). I added a space for additional terms in the case of breeding rights, payments, training or whatever sort of extra terms may arise for certain pups. All of my buyers recieve a breed care packet that goes over training, feeding, supplements, etc. on top of lists of breed books and other pertinent information. ..... ....
We will assign picks in the order that we recieve deposits. A deposit of $200.00 will hold your pick. All puppies must be paid for in full by seven weeks of age. If payment is not recieved at such time, you will lose your pick and be dropped to the bottem of the list. If payment is still not recieved, deposit will be put towards a future litter or be forfieted.
Buyer is responsible for all shipping costs, including, but not limited to crate, health certification and transport. Puppies will not be shipped until 8 weeks of age.
We will have given your puppy it's first 2 immunization shots and de-wormed every two weeks. You are responsible for the rest of it's regular scheduled shots and care. If pup is with us past 8 weeks, we will continue with shots until shipping or pick up. We guarantee that you will recieve a healthy pup, free of Parvo or other communicable diseases. If the pup were to become ill within the incubation period of leaving our home, we will replace the pup. We would require proof from your vet and the pup must be checked by your vet within 48 hours of your recieving the pup for this guarantee to be valid. We also guarantee our dogs to be free from hip displasia and other genetic diseases for two years. We would need written proof from your vet and reserve the right to a second opinion from ours. Any replacement dog would be of equal value and from the next available breeding. Any shipping charges will be yours. Before replacement is shipped we need proof of the dog being destroyed, spayed or neutered.
DISCLAIMER: Guarantee is void if the dog is denied proper medical attention, used for weight pulling, abused in any way, or has been bred.
If at any time in the dogs life you can no longer care for the dog, you are encouraged to contact us. At such time we will either a) purchase the animal, provided it is in good health, for the original purchase price b)approve of the new buyer c)resell the animal for the buyer at the best market value, less expenses
If seller at any time discovers that buyer has or is using said dog for the purpose of pit fighting, seller has the legal right to repossess said dog. Buyer will be responsible for shipping charges and veteranarian bill (if needed)
It is agreed by buyer and seller that any disputes arising from this contract will be settled in seller's town of residence.
I agree with the above terms and any other below that have been added.