Our Terms and Conditions

Our standard terms and conditions are:

  • Definitions

In this Agreement:

  1. ‘Agreement’ means these Terms and Conditions and any schedules or annexures hereto;
  2. ‘Breeder’ means Alexandra Hammond (ABN 76 274 845 138)
  3. ‘Buyer’ means the person or entity to whom the Puppy is provided in accordance with this Agreement;
  4. ‘Commencement Date’ means the day the Breeder receives payment of the Deposit;
  5. ‘Deposit’ means $500 of the Purchase Price payable by the Buyer for provision of the Puppy as set out herein;
  6. ‘Puppy’ means the puppy/s sold by the Breeder to the buyer pursuant to these terms.
  7. ‘Purchase Price’ means the purchase price payable by the Buyer to the Breeder for the Puppy, or as otherwise agreed in writing between the parties.
  • Commencement and Duration
      1. The Buyer requests the Breeder provide to the Buyer the Puppy in accordance with this Agreement.
      2. This Agreement will start on the Commencement Date and will continue until terminated in accordance with its terms.
  • Buyer Obligation of Ongoing Puppy Care
    1. The Buyer agrees with the Breeder that the Buyer will at all times:
  1. Be responsible for the provision of adequate accommodation, fencing, socialisation, feeding, upkeeping, care, grooming and veterinary expenses of the Puppy together with any medicines/vaccinations as and when required. Additionally register the Puppy and keep current such registration in accordance with the laws of the jurisdiction in which the Puppy resides.
  2. The Buyer agrees that he/she is not acting as an agent in the purchase of this Puppy and furthermore that the Buyer shall not knowingly sell this Puppy/dog to any agent or representative thereof, who sells or consigns to a pet store, kennel or individual who retails dogs.
  3. The Buyer herby acknowledges that the Breeder has advised that they should discuss with their veterinarian the benefits of taking out pet insurance for the Puppy to cover accidents, injury and illnesses. The Breeder does not make specific recommendations as to which companies and policies are best suited to the Buyer and suggests that the Buyer seek such recommendations from their veterinarian or a suitably qualified professional.
  4. The Buyer further agrees to notify the Breeder of any problems associated with the Puppy so that informed decisions may be made when determining future planned mating’s.
  • Breeder Obligation of Puppy Care
    1. The Breeder agrees with the Buyer that the Breeder will at all times:
  1. Provide the Buyer with a Puppy that has been vaccinated, microchipped, wormed and vet checked.
  2. Provide the Buyer with a Puppy that has been desexed.
  3. Provide information or help to find information in regard to the health and wellbeing of the said Puppy if the Buyer enquires.
  4. Provide the Buyer with a Puppy that is in good health and in the opinion of the Breeder, the Puppy is deemed appropriate for sale at the time of collection or transportation.
  5. The Breeder will provide the Buyer with ‘Puppy Handover Sheet’ detailing future car requirements the Breeder feels is essential to the Puppy’s wellbeing.
  6. Assist the Buyer in rehoming the Puppy should the Buyer no longer be able to care for the Puppy or take the Puppy back and rehome the Puppy under a separate agreement.
  • General Terms
      1. If within three (3) days from the date of collection or transport of the Puppy, he/she proves unacceptable to the Buyer for any reason, then the Breeder, upon the return of the Puppy to the Breeder in a state comparable to that in which the Puppy was sold to the Buyer, shall give to the Buyer a fifty percent (50%) refund of the Purchase Price paid by the Buyer.
      2. In the event of sickness or ill health during the first twenty-eight days the Buyer must contact the Breeder or the Breeder’s nominated Veterinary Clinic listed below. Any costs or treatment of illness during the 28 days traceable to the Breeder will be met by the Breeder at Culley Vet Services Vet Clinic. The Breeder will not be deemed liable for any costs incurred at other veterinary clinic, regardless if the Puppy has been sent interstate.
      3. Desexing or hernia repairs – if for any reason there are any issues relating to a hernia repair or desexing procedure at any point in the Puppy’s life, the Puppy must be returned to Culley Vet Services where the cost of the review will be covered by the Breeder.
      4. Gut Health – the Breeder undertakes a gut health program on all puppies before they leave the breeding premises. In the event a Puppy has gut/diarrhoea related issues, the costs will not be the responsibility of the Breeder and the Buyer acknowledges they have no right to claim on the Breeder for any gut health issues or gut health related issues with the Puppy. If issues are ongoing, a free of charge review of the Puppy will be covered by the Breeder at Culley Veterinary Clinic.
      5. Rehoming – the Breeder offers a lifetime rehoming policy. The Breeder will agree to have the Puppy returned to the Breeder at any point throughout the Puppy’s life and find it a suitable home. If rehoming occurs, the Buyer has no further claim against the Breeder and this Agreement is at an end.
      6. Transportation – if the Buyer requires the Puppy to be transported the Buyer accepts the risks associated with third party transportation and puppy stress related to the associated transfer. We will guarantee the safe arrival of our puppies when transporting with Ultimate Pet Logistics. Any other company will be considered a third-party transportation.
      7. Social media/defamation – the Buyer agrees upon purchasing a Puppy that the Buyer will not attack, criticise, or defame the Breeder and their business publicly (on public forums, blogs, social networks etc.) at any time. Further, the Buyer agrees not to seek advice on forums, blogs, community groups or any social media in a way that can or does detrimentally affect the Breeder’s business or reputation. If the Buyer breaches this clause of the Agreement the Breeder will prosecute the breach. The Buyer agrees to raise any concerns or questions with the Breeder directly prior to directing those queries elsewhere.
      8. Genetic Disease – The Breeder warrants that a DNA Health testing screening program has began in its breeding program to reduce the likelihood of these conditions developing in its progeny. The Breeder warrants that the Puppy is the progeny of one or more parents that have been DNA Health tested. If any confirmed genetic disease arises within the first twelve (12) months of the Puppy’s life a full refund of the Purchase Price of the Puppy upon its return to the Breeder will be provided. If the Buyer returns the Puppy to the Breeder pursuant to this clause, the Buyer acknowledges and agrees that the Buyer has no further claims against the Breeder on payment of the Purchase Price to the Buyer and this Agreement is at an end. The genetic disease must be a confirmed diagnosis from a veterinary specialist.
  • Buyer Acknowledgements
      1. The buyer acknowledges and agrees that:
      2. They have relied on their own enquiries and have not entered into this Agreement or purchased the Puppy, from the Breeder in reliance on or a result of any representation, promise, statement, conduct or inducement to the Buyer by or on behalf of the Breeder otherwise that as set out in these Terms.
      3. The Breeder makes no warranty or representations in relation to any fitness for nay particular purpose for the Dog, and the Buyer has relied on their own enquiries with respect to the fitness or suitability of the Puppy.
      4. They are purchasing a cross breed Puppy, and on some occasions, the Puppy/s may have variations in coat, colour, and size.
      5. The Breeder undertakes a breed stabilization program but, in some instances, genetics can create variables int the appearance of the Puppy.
      6. The Breeder makes no warranties or representations with regards to the coat, colour or size of the Puppy.
      7. The Breeder will not be responsible for any shedding, colour change or size variations of the Puppy.
  • Hip and Elbow Dysplasia
    1. The Breeder warrants that a hip/elbow screening program has begun in its breeding program to reduce the likelihood of these conditions developing in its progeny.
    2. The Breeder warrants that the Puppy is the progeny of one or more parents that have been x-rayed and are considered within an acceptable score range suitable for breeding and free of these heritable diseases at the time of mating. If requested by the Buyer, the Breeder will advise the Buyer the score of one or more parents of the Puppy. The Puppy is expected to be free of Hip and /or Elbow Dysplasia however no guarantee of such is nor can be made, neither is it intended herein.
    3. The Buyer acknowledges and agrees that the above-mentioned screening tests may not disclose the possibility of latent or patent heritable hip/elbow diseases in the Puppy prior to entering into this Agreement. Upon receiving the test results, the Buyer warrants that under no circumstances will they be reproduced or published to another person or public forum of nonexpert opinion as this information is confidential and must be treated as such.
    4. The Buyer acknowledges and agrees that the above-mentioned screening tests may not disclose the possibility of latent or patent heritable diseases that may manifest in the progeny of the screened sire and dam at some point in the future.
    5. The Breeder is not aware of any non-heritable diseases or other conditions affecting the Puppy and sells the Puppy to the Buyer in this condition and with any latent or patent non-heritable diseases or conditions as at the date of this Agreement that the Puppy has. The Buyer accepts the Puppy in this condition as at the date of the Agreement.
    6. The Buyer also acknowledges and agrees that the phenotype of the Puppy also influences the manifestation of latent and patent hip and elbow dysplasia known to the canine breed/breeds relevant to this purchase. This is in regard to environment, diet, and exercise. The Buyer has no right to claim on the Breeder if environmental factors cause a condition in the Puppy.
    7. The Breeder and Buyer agree that if the Puppy is diagnosed with a latent or patent heritable disease within one hundred and twenty (120) days of the date of this Agreement, the Breeder will require the affected Puppy be returned to the breeder for short or long term management of the condition – the following terms will apply:
  1. The Buyer will at the Buyer’s expense be required to deliver the said Puppy to the Breeder’s premises or such other place as the Breeder shall appoint but at no greater expense.
  2. No financial compensation for the treatment of this condition will be offered by the Breeder to the Buyer upon the Puppy’s return.
  3. Upon return of the Puppy to the Breeder, the Breeder will undertake an independent veterinary assessment and determine viable treatment options for the Puppy. These options are at the discretion of the Breeder and veterinary specialists involved. The Breeder may then opt to return the Puppy to the Buyer at no cost and on agreeable terms to both parties unless the Buyer permanently surrenders the Puppy to the Breeder.
  4. Alternatively, the Buyer may elect to retain the Puppy and the Breeder will not be responsible for any veterinarian expenses, costs, claims or damages associated with the condition.
  1. Clause 7.7 is conditional upon:
  1. The Buyer advising the Breeder in writing with supporting evidence from a veterinarian or specialist within seven (7) days of becoming aware of the existence of a latent or patent heritable disease and the Buyer provides to the Breeder at the Buyer’s expense a veterinarian’s opinion is caused primarily by genetics and not by environmental causes such as obesity, accident or injury.
  2. No financial compensation for the treatment of this condition will be offered by the Breeder to the Buyer upon the Puppy’s return.
  3. Upon return of the Puppy to the Breeder, the Breeder will undertake an independent veterinary assessment and determine viable treatment options for the Puppy. These options are at the discretion of the Breeder and veterinary specialists involved. The Breeder may then opt to return the Puppy to the Buyer at no cost and on agreeable terms to both parties unless the Buyer permanently surrenders the Puppy to the Breeder.
  4. In the case of Hip and Elbow Dysplasia, the Breeder has reasonably satisfied themselves that environmental factors were not the primary cause of the manifestation of any Hip and Elbow Dysplasia.
  5. The Breeder reserves the right to require a second opinion to confirm the report by the Buyer’s veterinarian and the Buyer will make available the Puppy to the Breeder or their representative so that the Breeder may at their expense obtain such report.
  1. In the event that there is a dispute about the presence of a heritable disease the final determination shall be made by a veterinarian or relevant specialist selected by the Breeder, the cost of such determination and any associated tests to be borne by the Buyer.
  2. After the expiration of one hundred and twenty (120) days from the date of this Agreement any latent or patent heritable diseases present or discovered in the Puppy and any treatment, euthanasia or other costs incurred as a result of such a heritable disease are to be borne entirely by the Buyer and the Buyer agrees they have no claim on the Breeder.
  3. In the event that the manifestation of the latent or patent heritable disease in the Puppy is due primarily to the weight or growth rate of the Puppy, then clause 7.7 does not apply and the Buyer has no claim against the Breeder in relation to the latent or patent heritable disease.
  4. Whichever option the Buyer elects, all expenses incurred by the Buyer unless specifically excluded above such as but not limited to; veterinarian expenses, costs related to returning the Puppy to the Breeder and set up expenses in preparing to have the Puppy in their home shall remain the responsibility to be null and void;
  • Agreement
      1. The Buyer indemnifies the Breeder against any veterinary, legal and all other costs or expenses incurred by the Breeder as a consequence of any legal proceedings, testing or medical procedures undertaken with respect to any heritable or non-heritable disease allegedly suffered by the Puppy and any of its progeny initiated by the Buyer unless the contrary appears in this Agreement.
      2. The Buyer acknowledges receipt of the Puppy described above and agrees they will make no charges of any nature against the Breeder, furthermore the Buyer herby releases the Breeder of any liability and responsibility for any illness, disease, accident, injury to or death of the Puppy or any damage or loss arising therefrom, howsoever caused or arising, on the part of the Breeder, its servants or agents, other than the provisions for Canine Hip and Elbow Dysplasia in clause 7.7.
      3. Legal and equitable property in the Puppy vests at all times in the Breeder until the full Purchase Price noted in this Agreement has been paid to the Breeder.
      4. Until the Purchase Price is paid to the Breeder, the Buyer shall not dispose of or otherwise deal with the Puppy.
      5. The parties have not, in entering into this Agreement, relied upon any warranty representation of statement, whether oral or written, made or published by any other party or any person on behalf of any other party or otherwise in connection howsoever with the subject matter of this Agreement, except such as are expressly provided in this Agreement and subject thereto have relied entirely upon their own enquiries relating to the subject matter of this Agreement.
      6. The terms of this Agreement shall not merge upon the payment of the Purchase Price to the Breeder and the handing of possession of the Puppy to the Buyer.
      7. This Agreement may not be assigned or transferred by either party to a third person.
      8. The Buyer will not hold the Breeder responsible for injury during transport by a third party from the Breeder to the Buyer.
      9. The Buyer agrees to allow the Breeder the right to use photographs of the Puppy for advertising purposes.
      10. This agreement constitutes the whole agreement between the parties and no other warranties, guarantees, expressed nor implied are made under this agreement except as stated above.
  • General Provisions
    1. Any variation or replacement of this Agreement must be in writing and signed by the parties.
    2. If any provision of this Agreement is held invalid, unenforceable, or illegal for any reason, it may be deleted or modified to the extent that is necessary and this Agreement will otherwise remain in force.
    3. This Agreement contains the entire understanding between the parties concerning its subject matter and supersedes all prior communications, representations, agreements, and understandings between the parties.
    4. A single or partial exercise or waiver of a right under this Agreement does not prevent any other exercise of that right, or the exercise of any other right.
    5. A party cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of the other parties.
    6. Neither party will be liable for failing to perform any obligation under this Agreement if the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.
    7. This Agreement is governed by the laws of New South Wales.

The Buyer Acknowledges that they have read and understood the above terms and conditions of this Agreement and confirm that they agree to be bound by and accept those terms and conditions.

By purchasing a Puppy from the Breeder, the Buyer agrees to be bound by the terms and conditions of this Agreement regardless of whether this Agreement is signed or not.

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