Reservation and Purchase Contract

Puppy Selection

THE BUYER (henceforth referred to as Buyer) understands and agrees that Berry Hill Berners puppy families choose their puppy in order of the reservation list. When it is Buyers time for puppy selection Buyer understands and agrees that Buyer can choose from the puppies that are available (specified by Berry Hill Berners). Buyer understands and agrees that Buyer may not get the puppy that Buyer wants (this includes gender of the puppy) due to others before me on the reservation list or unforeseen circumstances -such as miscarriages or puppy dying after it is born (i.e. failure to thrive). However, Buyer understands that Buyer can continue to wait (deferring Buyers place in line) and adding Buyer to a future waitlist until Buyer does get Buyers desired puppy, and Buyer understands that Buyer may do this up to 3 times and then Buyers reservation is forfeited. Buyer also understands that if Buyer chooses to exit the Berry Hill Berners waitlist for any reason my reservation is canceled, and Buyers reservation fee is forfeited.

Timing

Buyer understands and agree that timing of a litter is uncontrollable, as well as a successful pregnancy and the timing of heat cycles. As such, replacement puppies as specified in this contract may not be IMMEDIATELY available. 

Transportation and Boarding

Buyer understands and agrees that Berry Hill Berners is not responsible for any travel costs or transportation of Buyers puppy. Buyer understands and agrees that Buyer will have all transportation needs arranged prior to pick-up day (made and agreed upon between the 6th and 7th week of the puppy's life), or Buyers puppy may be forfeited as well as Buyers reservation fee. Buyer understands and agrees that Berry Hill Berners will not keep Buyers puppy for Buyer after 9-weeks of age, unless prior arrangements and agreements have been made. Buyer understands and agrees that if Buyer does not show up on the day of pick-up, Buyer will be deemed a "no-show" and Buyers puppy will be forfeited as well as Buyers reservation fee.

Cancellation

Buyer understands and agrees that Berry Hill Berners reserves the right to cancel a reservation and put someone back on the waitlist if it is in the best interest of either the sire & dam. Buyer agrees that the health of the parents is of the utmost importance. PLEASE NOTE: your reservation fee will remain in effect. In the event of a cancellation, Buyer understands that Buyer will be given options of upcoming litters, and that Buyer may or may not agree to being on the waitlist. However, if Buyer chose to exit the Berry Hill Berners waitlist Buyers place in line is forfeited, as well as Buyers reservation fee.

Reservation Fee and Payment

Buyer understands and agrees that Berry Hill Berners asks for the reservation fee to be made via Venmo. Buyer understands that upon the birth of the puppies and following a voice conversation, Berry Hill Berners will invoice Buyer via Venmo for the amount of $300.00 USD. Buyer understands and agrees that Berry Hill Berners asks for the remainder of the balance ($2700.00 USD) to be paid in cash on the day Buyer comes to pick up Buyers puppy and bring them home. Buyer understands and agrees that the puppy will not be released if Buyer tries to pay by check, money order, credit card or any other forms of payment.

Health Guarantee(s)

The Seller guarantees this puppy to be of sound health and temperament at the time of the sale. The Seller will provide a health record of all shots, worming, and a veterinarian exam. The Buyer agrees to take this puppy to a licensed veterinarian of their choice within 72 business hours. Failure to have the puppy examined by a vet within three days of the puppy’s delivered/picked up date or if the Buyer fails to provide required immunizations and medical treatment will void this health guarantee. Dehydration, Diarrhea,Hypoglycemia, Coccidia, Kennel Cough, Internal and External Parasites,Giardia, Fungal Infections, or any condition that can be corrected by veterinarian treatment and any other preventable conditions are not covered. We provide a one (1) year health guarantee for life-threatening health issues (valid until the puppy’s FIRST birthday). Illnesses must be documented in writing by a licensed vet within 72 business hours. The Seller must be made informed of the examination that indicates that at the time of sale, such animal was unfit for purchase due to life threatening illness, disease, or congenital defect with proper documentation by a licensed vet. If the puppy was in fact unfit for purchase Buyer may return the puppy for an exchange of equal value and the failure to do so within 72 hours will result in the cancellation of a replacement puppy. The seller will offer a replacement puppy of comparable value and no money will be refunded. This is subject to availability, breeder’s first choice for breeding program then the buyer second. Conditions not considered life-threatening and therefore not covered include but not limited to luxating patella, hernias of any kind, collapsed trachea, etc. If the condition can be treated, it is NOT considered life threatening. In the event of a life threatening condition the affected puppy must be returned with all veterinary documentation at the Buyer’s expense. The Buyer understands that a replacement puppy will only be given if it’s discovered to be a hereditary problem and not due to accident or illness. The Seller guarantees the puppy against fatal viruses for 72 hours. These include Distemper, Parvo, and Corona. It does not include Coccidia and Kennel Cough, which is self-limiting and must run its course with antibiotic treatment and is not life threatening.

If the puppy should die from a suspected congenital defect within 12 months of its birth date, an autopsy must be performed at the purchaser’s expense by a veterinarian. If the autopsy shows a congenital defect as the reason for death, the seller will provide another puppy of equal value to the purchaser. A written statement from the licensed veterinarian must be provided with the Seller’s name. The guarantee is void in the event of an indeterminable or inconclusive diagnosis.

In the event there are no puppies available at that time, the buyer will then be placed on a waiting list for the first suitable replacement puppy in comparable value when one becomes available. The Buyer understands that any and all guarantees expire one year from the date of birth. If an autopsy is not performed this guarantee is no longer valid and the puppy will not be replaced. Buyer is responsible for the transportation cost of the replacement puppy. This contract will only be valid while the seller is breeding Australian Shepherds. Should the Seller discontinue breeding dogs, this contract shall be void. Thiscontract is between the Seller and Buyer(s) signed below. If this puppy/dog issold to a third party, this contract shall be void.

 

LIMITATION OF GUARANTEE:

Seller does not guarantee fur color, eye color, adult size, reproductive ability, testicles descending, retained teeth, personality, potty training ability, coat quality, length, weight, or the temperament of the puppy. This guarantee does not cover common conditions such as hip dysplasia and/or other musculoskeletal comprimise and is limited only to defects largely considered life threatening. The Seller is not responsible for any veterinarian bills incurred once the puppy is sold, the Buyer assumes all responsibility for the puppy. Buyer understands that adult sizes are an estimate only, based on Seller’s experience. Buyer acknowledges that there is no guarantee on final adult weights, actual size, color or eye color. This guarantee does not cover any veterinarian costs associated with spaying or neutering, including undescended testes. We do not warrant against any condition caused by carelessness, negligence or abuse.

Limitation Provisions to Genetic Disease(s):

Any puppy purchased from Berry Hill Berners must show a life threatening hereditary defect by 12 months of age to be covered under this guarantee. Dogs older than 12 months are not covered under this guarantee. If after the Buyer discovers a life threatening condition within a year of purchase and the owner wishes to retain the puppy the owner then waives the right to a replacement puppy unless otherwise agreed upon in writing from the Breeder stating the Buyer may keep their original puppy and also receive a replacement puppy. Shipping charges on any replacement puppy is the responsibility of the Buyer. If the puppy is found to have a life threatening/hereditary condition that required the dog to be euthanized, documentation by the Buyer’s veterinarian must be provided to the Seller and must show a serious untreatable medical issue to warrant the dog to be euthanized.

Buyer’s Responsibility: The Buyer agrees to provide a life-long commitment, comfortable environment, prompt medical attention, proper grooming and responsible care. This includes keeping this puppy/dog parasite free and up to date with vaccines, proper nutrition, which consists of a good quality dog food, fresh water at all times and teeth cleanings as needed to ensure longevity of life. The Buyer promises to provide a safe environment for the dog and never allow the dog to roam freely without proper fencing or supervision. Seller is not responsible or liable for payment of ANY medical, dental, or surgical procedures to maintain the animal’s health or well-being after the time of purchase.

Open Door Policy: 

If at any time, the Buyer can no longer retain possession of the dog, the Seller must be notified and granted full ownership of the dog back to Berry Hill Berners who will find a suitable home for the dog. Our puppies are considered property of Berry Hill Berners. No refunds. The dog must be returned with all medical records. Under no circumstances will the Buyer rehome the dog, which includes surrendering the dog to the pound or any rescue center. This provision is to ensure that our Bernese Mountain Dogs will not end up homeless or destroyed, and a proper suitable home is found. Rehoming of our puppy without written consent from Berry Hill Berners will be considered breach of contract and the Buyer will be sued for damages for the actual value of the puppy at the time of original sale (purchase price) and any fees incurred to regain possession on the dog.

Vaccinations Limitations:

Your puppy has not been fully vaccinated and the recommended vaccination protocol schedule as age appropriate must be continued in order to maintain the one (1) year Guarantee outlined, the Buyer must have all immunizations done by a licensed veterinarian and provide proof of treatment to Seller upon request.

Legal Provisions:

In the event of any litigation in connection with this contract, the Breeder will be paid reasonable attorney fees, court costs and all travel expenses, which resulted for the litigation via the responsibility of the Buyer. This Contract will be deemed a legally binding Contract, and is under the jurisdiction of the state of Connecticut, in the county of Tolland. Buyer agrees that in the event of any legal action the Buyer must turn over the puppy to Seller (Berry Hill Berners) until all court proceedings are finalized. It is further agreed that, if for any reason, filing for court, the place of venue shall be Rockville Courthouse (Geographic Area 19) located in Vernon, CT. 

Breeding Rights and Restrictions:

- The Buyer acknowledges that the Dog is sold primarily as a companion animal and not for breeding purposes.

- The Buyer agrees to spay or neuter the Dog before it reaches 24 months of age by a licensed Veteranarian. Proof of the procedure must be provided to the Seller within 90 days of completion.

- If the Buyer wishes to breed the Dog, they must obtain explicit written permission from the Seller and pay a fee of $5,000 for breeding rights.

- Should the Buyer breed the Dog without the Seller's permission, they agree to pay damages of $13,000 to the Seller, not as punishment, but as compensation for potential harm to the Seller's breeding program.

- The Seller retains the right to approve any potential breeding partners for the Dog, even if breeding rights have been purchased.

- Any puppies produced by the Dog must be placed in loving, caring homes. Under no circumstances shall they be sold to pet shops, animal shelters, research laboratories, or similar facilities.

- The Buyer agrees to provide the Seller with updates on any litters produced, including the number of puppies and their placement.

- Failure to comply with these breeding terms may result in legal action, with all associated costs borne by the Buyer.

Lifetime Daycare/Boarding Discount

For the life of your puppy, you will be entitled to a 20% discount off the current rate at the time of booking for daycare and/or boarding the puppy you puchased from Berry Hill Berners. This offer is for the time period until Berry Hill Berners discountinues daycare or boarding as a service. This offer does not extend to other pets not purchased from Berry Hill Berners. This offer requires a reservation 14 days prior to the beginning of the stay. This offer is subject to availability in the daycare and/or boarding schedule. 

Please sign below acknowledging that you agree with and understand the above items: