Health Guarantee and Contract
This is a binding contractual agreement between seller (Rustic River Ranch- Tiffany Etter) and Buyer listed below.
This puppy is a Toy or Miniature Australian shepherd, He/she is being sold as a Pet or Breeding prospect. If sold as a pet he/she will come with Limited registration, and if sold with breeding rights he/she will have Full registration.
The kennel name is registered with ASDR and has to be at the front of the registration papers (Rustic River Ranch)
Rustic River Ranch requires a nonrefundable deposit of $200 to hold a certain puppy until he/she is ready to go. This will be deducted from the total purchase price of the puppy. The deposits can be made via snail mail check as long as it has time to clear my bank before puppy leaves, cash app, Zelle. The only way the deposit is refundable is if something were to happen to the puppy while still in my care. At that time the deposit can be put towards another puppy or refunded.
Rustic river ranch is willing to meet part way. Or I also have used a few different ground transporters that deliver door to door. The cost of transportation is up to the buyer.
***Adoption agreement*** if at ANY time you can no longer care for the puppy purchased from me I want first right to get him/her back, and will help you locate a new home for the pup/dog. I do NOT want my dogs ending up in a shelter. No money will be returned until puppy/dog has found their new forever home.
Health guarantee: Rustic River Ranch warranties the puppy/dog to be in good health and free from Genetic and Congenital defects. The puppy/dog will be current on all dewormings and vaccinations as suggested for their age. They will have their puppy physicals done by my licensed veterinarian before leaving for their new homes. Buyer has 3 business days to get the puppy examined by a licensed veterinarian for general health from the date of delivery/purchase, or this health guarantee is VOIDED. Under no circumstances will Rustic River Ranch accept any liability for communicable diseases. If the puppy does not pass their general health exam due to genetic or congenital defect, buyer agrees to notify within 24hrs and provide a copy of the original signed statement from your licensed vet of health within 48hrs of examination. Although every effort will be made to prevent minor, treatable problems (such as diarrhea, coccidiosis, parasites, etc) it is understood that these are common issues especially under stress of new circumstrances, and will not be covered by this health guarantee. Buyer acknowledges that seller is not responsible for buyers vet expenses at any time or under any circumstances. If the puppy/dog has a cosmetic defect such as a hernia, retained dew claw, or any condition that is not life threatening, such condition is not covered by this health guarantee. In the case of a hereditary hip deformity, the animal must be tested before the age of 3yrs old and a copy of written notification must be given to the seller from the Orthopedic Foundation for Animals (OFA) In the case of a genetic eye deformity, the dog must be tested before the age of 2yrs and written notification must come to the seller from a Board Certified veterinary ophthalmologist. Adult dogs older than the listed ages do not qualify for the OFA or Eye Defect portion of this guarantee. If a genetic or Congenital disorder is found within 90 days of Delivery, the buyer has the option to keep the puppy/dog. Or, If the buyer wants a different puppy/dog, it is up to the buyer to pay shipping cost, travel costs, to get the dog back to the breeder, and the breeder will try and replace the dog for the same coat color and sex within a year, If breeder cannot fulfill a replacement within a year, the breeder reserves the right to refund the purchase price at their discretion. If the buyer wishes to keep the dog it MUST be spayed/neutered and proof sent to the breeder. Once proof of spay/neuter is received the buyer will have the option to purchase another puppy at 50% off purchase price. Should proof spay/neuter not be provided, the seller reserves the right to refuse any future sale and give no discount on the purchase of any additional animals. Should the buyer not purchase another dog within a year's time, the discount will be forfeited.
Should the buyer not specifically perform any of the functions outlined or required by this health guarantee or not meet all deadlines as required the health guarantee shall be considered VOID. The health guarantee portion of this contract will only be valid while the seller is still breeding Australian shepherds.
Rustic River Ranch CANNOT guarantee, coat length, size, eye color, conformation, breeding ability if sold with full breeding rights. We strive to do our best and produce the best quality possible.
Jurisdictional Exclusivity: Should ANY case be brought to a court of law by either buyer or seller, the buyer consents personal jurisdiction exclusively to the jurisdiction of the court within the county and state in which Rustic River Ranch and it's proprietors resides.
This is a binding contract between the buyer and the seller listed below. Should this dog get transferred to a third party, this health guarantee shall be VOID.
Sellers electronic Signature:
Rustic River Ranch Aussies
PO Box 128
Browerville, MN 56438
A Statement of Minnesota Law Governing the Sale of Dogs and Cats
The sale of dogs and cats is subject to consumer protection regulations. Minnesota law also provides safeguards to protect pet dealers and animal purchasers. Attached is a copy of Minnesota Statutes, section 325.79 Contained within this law is a statement of your consumer rights.
Section 1. [325F.79] [DEFINITIONS.]
For purposes of sections 1 to 3, the following definitions apply:
(a) “Animal” means a dog, wholly or in part of the species Canis familiaris, or a cat, wholly or in part of the species Felis domesticus.
(b) “Pet dealer” means any person, firm, partnership, corporation, or association, including breeders, that is required to collect sales tax for the sale of animals to the public. Pet dealer does not include humane societies, nonprofit organizations performing the functions of humane societies, or animal control agencies.
(c) “Breeder” means any person, firm, partnership, corporation, or association that breeds animals for direct or indirect sale to the public.
(d) “Broker” means a person, firm, partnership, corporation, or association that purchases animals for resale to other brokers or pet dealers.
(e) “Health problem” means any disease, illness, or congenital or hereditary condition which would impair the health or function of the animal that is apparent at the time of sale, or which should have been apparent to the seller from the veterinary history of the animal.
(f) “Veterinarian” means a licensed veterinarian in the state of Minnesota.
Sec. 2. [325F.791] [SALES OF DOGS AND CATS.]
Subdivision 1. [DISCLOSURE.] Every pet dealer shall deliver to each retail purchaser of an animal written disclosure as follows:
(a) The name, address, and USDA license number of the breeder and any broker who has had possession of the animal; the date of the animal’s birth; the date the pet dealer received the animal; the breed, sex, color, and identifying marks of the animal; the individual identifying tag, tattoo, or collar number; the name and registration number of the sire and dam and the litter number; and a record of inoculations, worming treatments, and medication received by the animal while in the possession of the pet dealer.
(b) A statement signed by the pet dealer that the animal has no known health problem, or a statement signed by the pet dealer disclosing any known health problem and a statement signed by a veterinarian that recommends necessary treatment. The disclosure shall be made part of the statement of consumer rights set forth in subdivision 10. The disclosure required in paragraph (a) need not be made for mixed breed animals if the information is not available and cannot be determined by the pet dealer.
Subd. 2. [RECORDS.] The pet dealer shall maintain, for one year, a copy of the statement of consumer rights delivered to the purchaser.
Subd. 3. [REGISTRATION.] A pet dealer who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser, within 90 days of final payment, the documents necessary for registration. If these documents are not received from the pet dealer, the purchaser may retain the animal and receive a refund of 50 percent of the purchase price, or return the animal, along with all documentation previously provided, and receive a full refund. The pet dealer shall not be responsible for delays in registration which are the result of persons other than the pet dealer.
Subd. 4. [HEALTH.] No animal may be offered for sale by a broker or pet dealer to a retail purchaser until the animal has been examined by a veterinarian. The veterinarian used by the broker shall not be the same veterinarian used by the pet dealer. If the pet dealer is not the breeder of the animal,
each animal shall be examined within two days after receipt of the animal by a pet dealer and within four days of delivery of the animal to the purchaser by the pet dealer. The cost of the examination shall be paid by the pet dealer.
Subd. 5. [RESPONSIBILITIES OF PURCHASER.] To obtain the remedies provided in subdivision 6, the purchaser shall with respect to an animal with a health problem:
(a) Notify the pet dealer, within two business days, of the diagnosis by a veterinarian of a health problem and provide the pet dealer with the name and telephone number of the veterinarianand a copy of the veterinarian’s report on the animal.
(b) If the purchaser wishes to receive a full refund for the animal, return the animal no later than two business days after receipt of a written statement from a veterinarian indicating the animal is unfit due to a health problem. With respect to a dead animal the purchaser must provide the pet dealer a written statement from a veterinarian, indicating the animal died from a health problem which existed on or before the receipt of the animal by the purchaser.
Subd. 6. [RIGHTS OF THE PURCHASER.] If, within ten days after receipt of the animal by the purchaser, a veterinarian states, in writing, that the animal has a health problem which existed in the animal at the time of delivery, or if within one year after receipt of the animal by the purchaser, a veterinarian states, in writing, that the animal has died or is ill due to a hereditary or congenital defect, or is not of the breed type represented, the animal shall be considered to have been unfit for sale at the time of sale. In the event an animal dies due to a health problem which existed in the animal at the time of delivery to the purchaser, the pet dealer shall provide the purchaser with one of the following remedies selected by the purchaser: receive an animal, of equal value, if available, and reimbursement for reasonable veterinary fees, such reimbursements not to exceed the original purchase price of the animal; or receive a refund of the full purchase price. In the event of a health problem, which existed at the time of delivery to the purchaser, the pet dealer shall provide the purchaser with one of the following remedies selected by the purchaser: return the animal to the pet dealer for a refund of the full purchase price; exchange the animal for an animal of the purchaser’s choice of equivalent value, providing a replacement is available; or retain the animal, and receive reimbursement for reasonable veterinary fees, such reimbursements not to exceed the original purchase price of the animal. The price of veterinary service shall be deemed reasonable if the service is appropriate for the diagnosis and treatment of the health problem and the price of the service is comparable to that of similar service rendered by other veterinarians in proximity to the treating veterinarian.
Subd. 7. [RIGHTS OF PET DEALER.] No refund, replacement, or reimbursement of veterinary fees shall be required if any one or more of the following conditions exist:
(a) The health problem or death resulted from maltreatment, neglect, or a disease contracted while in the possession of the purchaser, or from an injury sustained subsequent to receipt of the animal by the purchaser.
(b) A veterinarian’s statement was provided to the purchaser pursuant to subdivision 1, paragraph (b), which disclosed the health problem for which the purchaser seeks to return the animal.
(c) The purchaser fails to carry out recommended treatment prescribed by the examining veterinarian, pursuant to
subdivision 1, paragraph (b). Subd. 8. [CONTEST.]
(a) In the event that a pet dealer wishes to contest a demand for the relief specified in subdivision 3 or 6, the pet dealer may require the purchaser to produce the animal for examination or autopsy by a veterinarian designated by the pet dealer. The pet dealer shall pay the cost of this examination or autopsy. The pet dealer shall have a right of recovery against the purchaser if the pet dealer is not obligated to provide a remedy under subdivision 6.
(b) If the pet dealer does not provide the relief selected by the purchaser set forth in subdivision 3 or 6, the purchaser may initiate a court action.
(c) The prevailing party in the court action shall have the right to recover costs and reasonable attorney fees not to exceed $500.
Subd. 9. [POSTED NOTICE.] Every pet dealer shall post in a prominent location of the facility, a notice, in 48-point bold-face type, containing the following language: “Information on all dogs and cats is available. You are entitled to a statement of consumer rights. Make sure you receive this statement at the time of purchase.”
Subd. 10. [STATEMENT OF CONSUMER RIGHTS.] Every pet dealer shall provide the retail purchaser a written notice of rights, which shall be signed by the purchaser, acknowledging that the purchaser has reviewed the notice, and signed by the pet dealer certifying the accuracy of the information contained in it. A signed copy shall be retained by the pet dealer and one given to the purchaser. The notice shall be in
16-point bold-face type and shall state as follows: “A STATEMENT OF MINNESOTA LAW GOVERNING
THE SALE OF DOGS AND CATS” The sale of dogs and cats is subject to consumer protection
regulations. Minnesota law also provides safeguards to protect pet dealers and animal purchasers. Attached is a copy of
Minnesota Statutes, section 325F.79. Contained within this law is a statement of your consumer rights.” The statement of consumer rights shall also contain or have attached the disclosures required under subdivision 1. Subd. 11. [LIMITATION.] Nothing in this subdivision shall limit the rights or remedies which are otherwise available to a purchaser under any other law. Any agreement or contract by a purchaser to waive any rights under this chapter shall be null and void and shall be unenforceable.
Sec. 3. [325F.792] [ADDITIONAL PENALTIES.] Subdivision 1. [CRIMINAL PENALTY.] A violation of any
United States Department of Agriculture statute or regulation covering animal breeders or groomers, pet dealers, or the transportation of dogs or cats is a misdemeanor.
Subd. 2. [CIVIL PENALTY.]
(a) A pet dealer who:
(1) sells an animal without delivery of the disclosure required in section 2, subdivision 1;
(2) fails to maintain the records required by section 2, subdivision 2;
(3) fails to provide registration papers as provided in section 2, subdivision 3;
(4) fails to make or provide payment for the examinations required by section 2, subdivision 4;
(5) fails to post the notice required by section 2, subdivision 9; or
(6) fails to provide the statement of consumer rights required by section 2, subdivision 10, is subject to a civil fine of up to $1,000 per violation.
(b) Civil fines collected under this subdivision shall be collected by the court and turned over to the prosecuting attorney.
Sec. 4. [EFFECTIVE DATE.]
This act is effective December 1, 1992.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 10:37 a.m.
By Signing below you agree that you have received your health guarantee, you have read it and understand it, and copy of the MN state law governing the sale of dogs/cats.