The Purpose and Function of our Puppy Sale Agreements/Contract

 

Why do I sell my puppies under Contracts?

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To put it simply, placing pups under puppy sale contracts is one of the ways in which we can legally protect the welfare of our puppies and our breeding program. We never aim for our contract to sound controlling or clinical, but we love our dogs and are serious about their welfare and our bloodlines and what happens to them. 

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We put a lot of trust in people who have our precious bloodlines. Breed development is something we take very seriously and we are very passionate about. We have spent so much money on this hobby over the past 20+ years, including importing influential studs from overseas, as well as frozen semen. A lot of money, time, energy and research goes into developing our bloodlines, so we hold them very dear to us. They are our legacy.

Sadly, there have been a few instances where people have selfishly and deliberately broken their contracts which harmed our exclusive bloodlines and work. This resulted in us succeeding in having our contracts legally enforced.

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We have discovered our puppies with dishonest people - one who we found out had 40 dogs! People who abuse dogs and keep them in terrible condition is not something we support. We feel that people with no dog breeding experience should not start up unauthorised backyard breeding programs to use their dogs as their income because they are unemployed either. Illegal activity combined with serious contractual breaches is something we have, and will continue to take seriously. These things also go against our moral and ethical beliefs. Unfortunately, greed and deceptive human nature occurs a lot in the dog world.

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If you are honest about the desexing (or breeding) of your puppy, you have nothing to be concerned about. Many puppy owners have said they find comfort and reassurance knowing they are getting a pup from a breeder who cares enough to do the right thing and stand by their word.

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We have been using our contracts for 20+ years. They were drafted in consultation with a respected legal firm and we have had great success in enforcing them (much to the frustration of the few people who have ever breached them!). Each party knows where they stand and their obligations are clear.

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Unlike many dog breeders, I am not a commercial dog breeder who breeds dogs for money. Breeding is the art of developing bloodlines to a proper and official standard. Responsible breeding is not just a case of breeding two dogs together, regardless of whether health testing has been done. It comes from high standards of husbandry, years of experience in genetics and behaviour, consideration to conformation (structure), movement, temperament and health, balance and type. It's a very intricate and expensive hobby!

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As a breeder, I am a protector and improver of the breed and I take my bloodlines seriously. My breeding program has required immense dedication and hard passion. I have spent a lot of money developing my lines, so I am fiercely protective of them.

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Additionally, we are now wary of selling intact pups, due to the risk that puppies may fall into the hands of irresponsible owners, backyard breeders or puppy farms, which commonly results in physical and emotional damage to animals.

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If more breeders controlled their bloodlines and took their hobby and responsibility more seriously, there would be a huge decrease in backyard breeders and dogs ending up in shelters and rescues. We refuse to contribute to this unfortunate, yet very common situation.

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​​​If an owner is unable to keep their puppy, we will find it another suitable home or the puppy must be returned to us to find it the best and most suitable home.

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There are people in this world who breed dogs for profit in poor conditions, especially where a breeder will not allow you to visit parents or puppies. Puppies get sick and die from diseases that accumulate in poor environments where people own a lot of dogs. Ultimately, it's the dogs who suffer. We have seen the reality behind some breeders with what they present to the public on social media being nothing like the reality of how their dogs are really kept and treated. ​​If by any chance, a pup of mine is abused, mistreated or dumped, the contract allows me to legally remove the puppy from that environment and back into my care.  If there was no contract, I would have no right to take the pup back and find it the best and most appropriate home. I care a lot about each dog I bring into this world – for its entire life.

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​​​When I provide families with my puppies, I also trust that they will always represent the breed with pride, whilst respecting the hard work that has gone into creating them.

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Most of all, I trust people to do the right thing. To be honest and transparent and give their puppy the very best life possible. We want people to spend time training and being responsible pet owners, making their dogs an integral part of their family!

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"Breeders Terms"

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Sometimes, we may sell a puppy under "breeders terms". This is very common place in the dog breeding world. Every breeder has different ways they work their breeding terms.

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Some puppies who have the right colour, conformation and temperament are assessed as they grow and may prove to be beneficial to the development of the breed. We can't keep all the best puppies, as we already dedicate a lot of our time and efforts to our own 5 family dogs.

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Breeding terms enable us to place a top quality puppy in a trusted home where we can work together and achieve the next generation.

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Puppy owners may elect to let us raise a litter from their dog, where they get  the purchase price and expenses reimbursed, but more often than not, we mentor and assist owners who we feel are trustworthy and up to the challenge and responsibility of raising a litter in their own home.

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Some breeders place a puppy for no fee in a home (guardian terms) and the breeder expects them to have several litters with the female dog. We never do this. There are many ways in which "breeders terms" can work, which you can also look up online. Working as a team with any puppy owner whose puppy is on breeding terms is favourable to the owner from the view that they assist us to develop the breed, but also get paid very well for this.

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We can only assess breeding quality after dogs are health tested at between 12-18 months old and we determine whether dogs have the right temperament for the breed. We want our puppy owners to feel they can be honest and transparent with us in relation to contracts, just as we are.  Not all puppies on "breeders terms" develop into the ultimate breed specimens we are looking for, and it may be decided later that they are better off being desexed pets instead.

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We are very fair with our breeding contracts and we always work together with the owner to do what is in the best interests of all parties, most importantly, the dog and the development of the breed. ​People who purchase puppies on "breeders terms" are expected to be honest and comply with our contracts, as they are a legally binding agreement. 

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Why do I have to desex my pet by a certain age?

Unless otherwise agreed in writing to extend the timeframe for desexing, it's generally not in the dog's best interests for pet owners to leave their dogs 'entire' if not planning to breed. Un-desexed dogs can develop of cancer, plus females can develop pyometra, an infection of the uterus which can be expensive to treat, but also be fast-acting and lethal. There can also be problems with hormones negatively impacting behaviour, accidental litters and dogs escaping or getting injured trying find a mate. Hormones can be a very strong thing and even we, after 20 years of breeding, have had a couple of unplanned litters (which we always publish if that's the case), despite our best efforts!

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In addition to the above reasons, in all honesty, as a breeder, we want you to enjoy your dog and don't want to have to keep asking for desexing certificates if it's not done at the agreed time. It helps us be able to manage our puppies and our bloodlines, knowing that what has been agreed to, has been complied with.

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CONTRACT BREACHES & LEGALITY

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Some people believe dog breeder contracts are not worth the paper they are written on. A contract is only worthy if the breeder is willing to enforce the contract.

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One of the cases was set as a binding precedent under the Victorian Civil and Administrative Tribunal (VCAT) whereby it was considered enough of a high profile case that it is listed on Australasian Legal Information Institute website.

 

Case Summary: The Deputy President presiding over the matter went into detail about the case. Deputy President stated that the Respondent (buyer) agreed to buy the puppy on terms which would enable the breeder (us) to have one litter of pups, which the Deputy President stated was not as part of some ambitious money making enterprise, but for the genuine purpose of developing the breed.

 

The buyer made many excuses not to x-ray the dog to assess the dog's breeding suitability. The dog was finally x-rayed after we had to step in and make the appointment, a long time after they were due. The buyer also made excuses such as the dog had not come into season for several years, which was unlikely. We paid for a reproductive specialist to examine and test the dog, which was found to be totally normal. Shortly before mating, the buyer went and desexed the dog behind our back, further breaching the agreement.

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Deputy President acknowledged that in breaching the contract, the buyer caused heads of loss and damage to us. This included (1) financial loss, (2) loss of reputation due to the persons involved and what they posted on social media, (3) loss of bloodline caused by the Respondent taking out a generation, and more.

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Deputy President stated that the Respondent went to entirely "superfluous issues in which she attempted to justify her conduct". 

 

In what the Deputy President called an "appalling and blatant breach of her obligations" under the contract, the Respondent unilaterally desexed the dog, a female sold under breeding terms.

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Deputy President stated that the Respondent was fortunate that the Applicant did not claim further amounts from her in liquidated damages.

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Deputy President closes by saying the Applicant (us) substantially succeeded in the proceeding. We are thankful to the Deputy President of VCAT who presided over this matter, who saw it for exactly what it was. A deliberate breach by tainted and selfish parties who wish to harm our breeding program, reputation and legacy.

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Court cases and civil action is a nightmare to go through, but is necessary for us to protect all that we have worked so hard for over so many years.​