Purchase Agreement
Sage Poodles
The puppy is represented as having been veterinarian-checked and of good general health, with a sound body and a stable temperament.
The puppy has received at least one vaccination and one deworming treatment. The puppy has also been microchipped and confirmed to be healthy at the time of transfer to the Buyer.
The Breeder does not guarantee the final size or final adult colour of your puppy.
The Breeder will provide a vaccination record of the purchased puppy.
The Breeder guarantees to the original Buyer, to the best of their knowledge, that the dog is free from any life-threatening, communicable, inherited or congenital diseases that the parents have been DNA tested for and are clear (not carriers) at the time of sale. These include Chondrodysplasia (CDPA), Degenerative Myelopathy (DM), Neonatal Encephalopathy w/Seizures, Progessive Rentinal Atrophy, RCD4 Progressive Retinal Atrophy, and Von Willebrand's Disease (VWD) until the puppy reaches two years of age. These tests are considered the poodle profile.
I do not guarantee proper bite or umbilical hernias, as those do not affect the 'pet quality' of the dog and are not life-threatening.
I cannot guarantee against what I cannot test for, which includes Addison's disease. Sadly, there is no test available and no studies that have shown a direct hereditary link.
Your puppy is a purebred poodle and is being sold as a pet under a Non-Breeding CKC Contract, which will be kept on file with Gwen Toews (Breeder). By signing this contract, the buyer agrees to ensure that said dog is not bred or allowed to produce a litter before it is altered. If these circumstances were to happen, the seller has the right to take back said dog and puppies at no expense. In addition, a $5000.00 fine will apply.
The Buyer agrees it is their responsibility to arrange to have said dog spayed or neutered in a time frame that is recommended by the Buyer's veterinarian before the age of two years old.
Buyer agrees to provide Breeder with a certificate from a competent veterinarian stating that said dog has been altered. If the paperwork has not been received by the time the dog is two years old, the Breeder has the right to repossess said dog to ensure it is altered at the Buyer's expense before the Buyer can retain ownership.
CKC papers for registration to be provided by the Breeder within six months of the Buyer taking possession of the puppy.
Buyer agrees that if said dog's ownership transfers (is sold or given away), the non-breeding contract must remain in effect.
The puppy must be taken to a licensed veterinarian of the new owner’s choice within 72 hours of purchase for a “Well Puppy Visit” to validate good health. Failure to do so will void the health guarantee. This visit will help you establish a relationship with your vet, and give you the opportunity to set up the upcoming vaccination appointments. Proof must be given to the breeder within 5 days of the veterinarian visit. If written proof of good health is not received by the Breeder within 5 days, then this contract will be null and void. Please take a stool sample with you to ensure the puppy is free of parasites.
The Breeder guarantees that the said puppy described above will be free of adenovirus, bordetella, distemper, parainfluenza, and parvovirus for a period of 5 days after receipt of the live puppy by the Buyer.
Breeder is not responsible for mites, pneumonia, mange, heatstroke, ringworm, conjunctivitis, fleas, ticks, and ear infections once the puppy has left Breeder’s hands. The Buyer is responsible for keeping their puppy away from contaminated areas, out of the heat and cold drafty places.
The Breeder is not responsible for dental-related health issues or costs.
The Breeder shall not be responsible for any medical costs incidental to the puppy after the Buyer receives the puppy. The Breeder guarantees the above-described puppy to be healthy at the time of sale. If the puppy is not healthy at the time of sale, the Breeder will only pay health costs reasonable to the industry standard for the affliction up to half the purchase price of the puppy; if the Breeder’s vet and Buyer’s vet agree that the affliction existed before the sale.
If the puppy dies within 24 hours of receipt, the Buyer must have an autopsy performed by a licensed Veterinarian at Buyer’s expense to determine the cause of death. If the cause of death is due to problems that existed before the time of purchase, a replacement puppy is given. The replacement puppy will be of the same or equal value. A replacement will only take place if the above puppy has been properly cared for in the buyer’s possession. These conditions must all be met for a replacement puppy to be provided.
Any request to return the dog to the Breeder for a partial refund or replacement puppy must be made within the first two years of the dog’s life and may only be requested should the dog prove to be examined and verified by a Veterinarian, to be in good health. Proof of examination must be provided to the Breeder. Any veterinary services needed due to negligence or lack of care will be the buyer’s responsibility.
If this dog is found to have a hereditary defect which impacts clinically on its quality of life (excluding dental work) by the age of two years, as certified by a qualified veterinarian at Buyer’s expense, the Breeder has the right to require a second opinion from a nominated Veterinarian of the Breeder’s choice at the Breeder’s expense.
This warranty does not include viral illnesses, infections, improper bites, hernias, hypoglycemia, or parasites such as Giardia or Coccidosis. It also does not include any illness due to the ingestion of foreign objects, food, chemicals, accidents, or physical injury.
If the dog is euthanized or in any way disposed of, without the option of a second opinion from the Breeder’s Veterinarian, the Buyer waives all rights to a replacement puppy as compensation.
Buyer's Responsibility
1. The Buyer agrees that it is their responxilibility to familiarize themselves with poodles to know thier nature and any medical conditions related to the breed.
2. The Buyer agrees that their puppy will be housed indoors. The Buyer understands this puppy is never to be left outside unattended. All dogs can dig, jump and find their way out of a yard or containment. The Buyer further warrants that the puppy will be kept in appropriate conditions for its health and welfare.
3. The Buyer agrees to provide the proper nutritional requirements and to maintain a healhty lifestyle for the said dog.
3. The Buyer agrees to keep their puppy at a healthy weight as governed by veterinarian recommendations.
4. The Buyer agrees that puppies' joints are still developing, and allowing them to jump off the couch, etc., can damage the puppy's joints.
5. The Buyer agrees to make and keep annual veterinary appointments for their puppy and keep all immunizations current. Failure to comply with and provide documentation of these requirements voids all guarantees.
5. The Buyer agrees to complete a basic positive reinforcement obedience training with their puppy within the first year of owning their dog. The puppy deserves all the proper training, socialization and care to ensure a happy well adjusted dog.
6. The Buyer agrees to postpone strenuous, repetitive exercise until after their puppy is over 18 months of age. Puppy will receive appropriate daily exercise but no overexertion for the hip joints.
7. The Buyer agrees to adhere to current municipal by-laws and regulations for the keeping of dogs in their living area.
8. Photos and updates will be provided at least 2 times each year or more for the duration of the guarantee (2 years) to show satisfactory conditions of the dog, or this contract becomes void.
Notification
The Buyer must supply to the Breeder a veterinarian’s report indicating possible hereditary defects within seven (7) days of making the first complaint to the seller for prompt exchange of the puppy.
A copy of all available reports must be forwarded to the Breeder for review by their nominated Veterinarian if so desired. The Breeder will review the reports and advise if a second opinion is required and if it is, the Breeder will nominate a second veterinarian to whom the dog should be taken for further examination, or its X-rays and/or reports; and reserves the right to have all veterinary reports, X-rays and other tests forwarded to the Breeder for further review by such parties as the Breeder may determine and at the cost of the Breeder.
The Breeder will make available all results from the second opinion to the Buyer, at which point the following options may be available if the dog is certified to the Breeder’s satisfaction to have a hereditary defect clinically impacting its quality of life:
1. The Breeder will take back the affected dog and replace it with a puppy/dog of equal or greater value upon the above requirements having been met. It is understood that there may not be a replacement dog available at the time of requested replacement. The Breeder is given eighteen months to act upon this guarantee.
Or
2. The Breeder will reimburse the Buyer up to and not exceeding half of the purchase price of the dog, not including shipping costs, and the Buyer may keep the affected dog. It is understood that reimbursement is defined as the Breeder giving up to and not exceeding half of the cost of the original sale price of the dog (not including shipping) back to the buyer. The Breeder will make one choice or the other. Not both.
Shipping
Buyer bears all costs relating to the sale of the above animal, including transportation. The risk of loss or injury to the above-described animal is on the Buyer at all times after the dog leaves the Breeder.
Re-homing
Buyer agrees that if at any time the Buyer wishes to destroy or give away the dog, Buyer will give the Breeder first right of refusal to take the dog back. If the Breeder decides to take the dog back, it is then to be returned to the Breeder immediately at the Buyer's expense. If the Breeder decides not to take the dog back, the Breeder must be given every opportunity to help in re-homing the dog, which must not be destroyed or relinquished to a pound or shelter.
The puppy shall not be sold, leased or given to any pet shop or research establishment. The puppy shall not be sold, given or donated to any person without the Breeder's prior knowledge and consent. Buyer further agrees that said puppy should not be used for medical or any other experimental purposes or sold to the supplier, wholesaler, shelter, pound, or humane society.
If the dog dies for any reason, a veterinarian's report verifying death must be supplied to the Breeder. Failure to comply with these provisions will render any guarantee null and void.
If, at any time, Buyer is unable or unwilling to care for this dog, the Buyer agrees to contact and return said puppy to the Breeder. Neither refund nor replacement will be given. The buyer may only sell the dog with the breeder’s consent, and the breeder always has the first right of refusal of the puppy.
Temperament
No replacement for temperament will be given. After 7 weeks of age, the environment and handler will govern the dog’s character. The breeder is responsible for the social evaluation of puppies to ensure proper temperament for family placement is present. Any temperament issues in a very young puppy will be due to medical or training issues.
As responsible breeders, we expect that this puppy be properly socialized and must attend puppy obedience classes.
Responsibility is the Buyer’s as to proper feeding, exercise, socializing and training, of which all have a bearing on the results of a sound adult dog. The breeder is not responsible for any damage the puppy might do at any given age.
Loss or Theft
If said puppy becomes lost or stolen, Buyer agrees to notify Breeder immediately. The Breeder will not be responsible for this loss, and the Breeder will not refund the purchase price of the puppy, nor will the Breeder give another puppy for replacement. The Buyer also agrees not to sell, trade or dispose of this puppy.
Identification
A microchip has been inserted, and the documentation has been provided to the Buyer.
Paperwork
All dogs/puppies come with a CKC limited registration under the buyer’s name. Paperwork may take up to 1 year to receive after full payment has been given to the breeder. The Breeder will be provided with a copy of the sire and dam’s registration papers, a copy of the puppy’s pedigree, a record of immunizations, and a health guarantee/contract, as well as any other necessary information about said puppy, upon pick up. Breeder reserves the right to withhold Certificate of Registration until proof of spay/neuter has been received.
Non-Breeding Agreement
All puppies are first sold as pet quality on a CKC NON BREEDING CONTRACT. Although the breeder does their best to place the appropriate puppies into appropriate homes (i.e show puppy), all puppies are sold as PET QUALITY ONLY for the regular selling price of PET QUALITY puppies. Should the buyer decide to show or compete, the buyer has until the age of 2 years to receive his/her first title. If the dog has not received a title by 2 years of age, the dog must be spayed/neutered within one month of its second birthday. Documented proof must be provided to the Breeder. If the dog has received 2 titles by 2 years of age, then the buyer has 6 months from the dog's second birthday to get all necessary health clearances. This includes OFA for hips, eyes, VWD, SA, and thyroid. If the dog passes all necessary health clearances with acceptable scores, then the non-breeding contract may be lifted with the breeder’s approval. The fee to lift the non-breeding contract is $2200, which may be paid to the breeder in cash, OR if the breeder prefers, a choice puppy from the first litter will be provided to the breeder. Should the dog not have his/her health clearances by 2.5 years of age, or the dog has not passed all components of health clearances, the dog must be spayed/neutered by 31 months of age, regardless of any achieved titles. NO DOG WILL BE BRED without the breeder's full knowledge, or before they are two years of age. Dogs must pass all health clearances before breeding with no less than 2 titles, and not before the non-breeding contract has been officially lifted with the CKC papers. Dogs of opposite sex for breeding must ALWAYS be approved by the breeder first, and the breeder must ALWAYS be aware of breeding plans and estrus cycles. This dog may ONLY be bred to an approved CKC or AKC registered dog of the same breed. Should any of these terms be broken, the Breeder reserves the right to confiscate the dog and any puppies produced, and there will be a $10,000 fine. The Buyer is responsible for all fees associated with breeding and titling this dog.
Definition
The warranty outlined in this contract is the sole warranty and is given in lieu of any and all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose. The Buyer’s sole remedy is under the warranty provision of this contract, and the Breeder disclaims and will not be liable for any other damages, including consequential damages, property damage, emotional distress, loss of use, business interruption or veterinary fees unless specifically outlined in this warranty provision.
This contract sets forth the entire agreement between the Breeder and Buyer, and any inconsistent oral terms do not affect this contract. Any breach of this contract is grounds for the breeder to revoke ownership of the puppy, and the breeder may confiscate the puppy from the buyer's home. Ownership will then be transferred back to the breeder, and no refunds will be given.
If there is any dispute or litigation between the Breeder and Buyer, the Buyer is responsible for any and all fees and costs.
This contract is only valid while the Breeder is breeding poodles. Should the breeder cease breeding saiid dogs for any reason, this contract will become null and void.