Puppy Contracts, 50% discount for replacement? - Page 8

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by Speaknow on 23 February 2008 - 01:02

Contracts take numerous forms, Agar; drive into your local car-wash or select an item from the supermarket shelf and you’re automatically entering into a contract, and that without a word being said. Detailing the terms of a transaction in an e-mail (noting especially purpose for which animal is intended, together with any mutual special undertakings and so forth ), and like acknowledgment thereof, constitutes a perfectly valid, readily enforceable contract in its own right.

by Blitzen on 23 February 2008 - 02:02

I never sold a dog without issuing a sales contract and I'll never buy one without getting one from the breeder. Blitz's breeder guaranteed that he would OFA at 24 months or she'd give me a full refund or another dog at NC. He was purchased as a pet. I only had him preliminaried when he was neutered and I had no reason to do him again for an OFA number. Had she asked me to, I would have. Having said that, I would certainly never buy a dog from anyone if the contract was written so as to give that breeder a dozen obvious loopholes that would allow him or her to opt out of honoring what was promised in writing. Saying stuff like - it must be genetic HD or no refund is ludicrous when there is no way to ever prove that one way or the other. How can any buyer  prove to a breeder that their dog ate the right diet, didn't get too much exercise or was never overweight? There is no way, so those sorts of requirements are just loopholes for the breeder, they don't mean crap to the buyer. Sadly many buyers, especially novices,  don't have the experience to be able to recognize that they are about to be taken for a ride. If an experienced dog person agrees to such a one-sided contract, then shame on him.


by Speaknow on 23 February 2008 - 03:02

Not so much a contract as self-promotion?

darylehret

by darylehret on 23 February 2008 - 04:02

Don't accuse me of starting an "off topic pissing match". You are the one who jumped in here telling everyone what a great contract you offer, you opened the subject not me.  If you are as ahonest as you want everyone to think you are, why do you  object to being asked questions about your contract? 

 

If you had any knowledge at all about HD you would know better than to say a vet determines whether or not it is genetic or environmental. It is impossible to know what causes HD. No one knows that. 

 

Your mumbo jumbo is exactly how breeders sneak out of honoring contracts. 

I don't have a problem with anyone questioning my contract.  I wasn't touting how great my contract is, only reiterating where 100% and 50% replacement comes into play (y'know, the topic of this thread!).  You're right, dysplasia is spelled incorrectly in that contract, as a result of the "autospell" feature in the word processing program (big deal).  The spelling and wording was corrected and clarified in a separate draft of the contract, and the wrong draft appearantly was uploaded to the website.  Shame on me for not error-checking/reading it afterwards.

Anyway, who better qualified to diagnose the cause of HD, than "by a licensed Veterinarian certified and skilled at producing hip x-rays for OFA evaluation"?  Not me, and probably not you either!  A third party should be the determinant, in my opinion that's fair.  Requiring prelims at 1 year are important for making that determination.  If prelims that were Excellent at 1 year, take a drastic turn for worse at 2 years, let the professional make that call.  If he feels that the cause is environmental because the dog is grossly overweight, malnourished, overly excercised prior to more complete bone development, or some form of obvious negligence then so be it, sounds like that person doesn't need another one of my dogs anyway.  In my opinion, there'd have to be pretty strong evidence for a vet to say "it's not genetic" or "purely environmental".

In similar fashion, a qualified professional determines if the dog is breedworthy on merits of temperament and working ability.  A third party, not the buyer or seller.

I just fail to see how you could possibly be so accusative, and insinuate that any breeder is automatically some type of crook.  None of my clients have ever complained, and you think you know me?

I'm not even sure what you meant by that, but let me just tell you the facts - YOU are not permitted to fill in any of the dog's name on the registration papers UNLESS you register the dog in your name and then transfer it to the new owner. Don't take my word for that, ask AKC.  The dog belongs to the nuyer and the buyer gets to name it anything he wants period.

That's about the most idiotic idea, and if it happens to be true and not total BS, I guess the AKC can just kiss off.  My contract states,

Puppy’s AKC Registered Name__________________von Ehret. Buyer(s) agrees to add the kennel name von Ehret
to the end of the puppy’s name. Failure to register with the kennel name will make this contract null and void.

That part of the contract is definitely "one sided", I'll admit.  That is, if AKC registration holds some degree of importance to the buyer.


by Blitzen on 23 February 2008 - 05:02

Whatever.............it's your reputation, not mine.


by Speaknow on 23 February 2008 - 05:02

With respect, darylehret, why so intent on digging an ever deeper hole for yourself!? In effect, you’re merely starkly advertising your own ignorance on a variety of GSD issues.

darylehret

by darylehret on 23 February 2008 - 05:02

Blitzen: My reputation is at stake...........because why?  For what?

Speaknow: Ignorance of what?  Some unwritten AKC registration rule?  Or the blather you were posting about?


by Blitzen on 23 February 2008 - 06:02

If you want to be sure every dog you breed is registered wih your kennel name, simply register them in your own name and transfer them to the new owner using the back of the AKC registration form.  That way you don't need to say - this is null and void if you don't registered the dog using my kennel name. Don't ever fill in the name on the registration form, that will get you into hot water with AKC if the buyer reports you.

Can't really think of anything else to say about a vet's being able to tell if a dog has HD due to genes or the environment, your mind is made up.  I'd suggest you do some research on that by contacting the radiology dept at your local vet school.


by Blitzen on 23 February 2008 - 17:02


by Speaknow on 23 February 2008 - 20:02

Ignorance truly is bliss.





 


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