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  #41 (permalink)  
Old 02-01-2013, 09:50 PM
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Originally Posted by Conquerergold View Post
May I ask why that is a bad thing? I do have stipulations on what foods not to feed (not the actual foods, but certain ingredients), and also a vaccination schedule. Not only are they in my contract, all owners are provided with lots of literature of why they are in my contract.

As a breeder I do everything in my power to stack the odds in favour of producing healthy, happy, long lived dogs, if they are vaccinated for everything under the sun every year of their life and fed Ol' Roy, should I be expected to stand behind that dog health and temperament warranty/guarantee?

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I think having overly restrictive contracts that do not allow the owner to exert some influence over how a dog is raised would put off many reputable owners. I know there are contracts that specify not to give shots for leptospirosis, but it has become very prevalent in my area. If I vaccinate for something that could kill my animal should my warranty / gaurantee be voided?
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  #42 (permalink)  
Old 02-01-2013, 10:00 PM
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My point... I think there is more to longevity than diet..
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  #43 (permalink)  
Old 02-01-2013, 10:06 PM
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My point... I think there is more to longevity than diet..
I would hope anyone would think that is a given! But to ignore it as a contributing factor (one of many), I also think is not the best choice. If we could only be so lucky to pinpoint cancer on one factor.

As I have said before, it is about stacking the odds in our favour, if a person is looking at a certain breeder who may have strong views on food/vaccinations/spaying/neutering it may be better to ask and try to understand why they feel that way instead of seeing it as a deal breaker. It could be a deal breaker in the end, but at least a conversation has been had.
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  #44 (permalink)  
Old 02-01-2013, 10:54 PM
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I think having overly restrictive contracts that do not allow the owner to exert some influence over how a dog is raised would put off many reputable owners. I know there are contracts that specify not to give shots for leptospirosis, but it has become very prevalent in my area. If I vaccinate for something that could kill my animal should my warranty / gaurantee be voided?
I did have to break that part of my contract, actually I am not sure if it was a guideline or in the I tract, but I was told no lepto. My dogs come in contact with wildlife in my backyard almost everyday, it is very important in my area to be vaccinated against it.

When I was in MA, my vet was trying to talk me into neutering Brady younger, I told her my contract said after a year, she told me the contract was worthless, I am the owner. I did wait until he was older, but I have been told multiple times, maybe it is just MA and RI, that the contracts are worthless. My friend was told that by the lawyer that wrote up her contracts for her litters too.
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Old 02-01-2013, 11:48 PM
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The contract is unenforceable.


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Old 02-02-2013, 12:40 AM
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The contract is unenforceable.


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Not in every case. IF it goes as far as a court of law, a purchaser is less likely to gain any monetary judgement if what they have signed has been broken (within reason). When I drafted my contract I did get some tips from a lawyer friend on how to make it as cut and dry and legal as possible.

If someone chooses to neuter their dog before the date on my contract could I repossess the dog? No, that would not hold up in a court of law. If the dog suffered from a condition linked to early alteration would I be held responsible? No, not likely.

A conditional health/temperament guarantee is just that, conditional. If one half of the party that entered the guarantee does not hold up to the outlined and agreed upon terms, it can become null and void.

There ARE cases of hefty monetary judgements in the breeders favour when owners break contracts (a breeder friend of mine was awarded what she stipulated in her contract if a dog was bred on a non-breeding contract, which was $5,000).
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Old 02-02-2013, 12:56 AM
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I'm operating on an iPhone right now, and can look up that breeders contract, but I can't imagine how they can enforce food selection. Do they expect puppy buyers to keep receipts? I highly doubt many of those things ever get enforced. The examples you gave might get you off the hook for any guarantees, but I've seen some odd things in breeder's contracts. I completely understand why you would put them in there. The puppy buyer is more likely to follow that course of action if you've had the conversation with them. I haven't read your contract, so I'm not referring to yours.

By the way, I enjoyed those articles that you linked.


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Old 02-02-2013, 08:40 AM
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The contract is unenforceable.


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You are correct. All puppy contracts have a range of items required by the buyer and the seller. There are almost never any consequences for failure to perform any of the items. Without a consequence there is nothing to enforce.
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Old 02-02-2013, 09:23 AM
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I can't imagine how they can enforce food selection. Do they expect puppy buyers to keep receipts? I highly doubt many of those things ever get enforced.

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The breeders I have seen stipulate that what the dog must be fed usually sell or have an online code that you must use to purchase food. There is a online only dog food company in Ontario, that I have seen breeders require their puppy owners feed in order to maintain their warranty. What they don't tell you is they get a kick back from every bag you order. (Not a breeder I would want to do business with.)

Having a clause in your guarantee stating the puppy should not be fed grocery store brand food etc. would not bother me. That is in the best interest of the puppy not the breeders pocketbook.
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Old 02-02-2013, 12:25 PM
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I'm operating on an iPhone right now, and can look up that breeders contract, but I can't imagine how they can enforce food selection. Do they expect puppy buyers to keep receipts? I highly doubt many of those things ever get enforced. The examples you gave might get you off the hook for any guarantees, but I've seen some odd things in breeder's contracts. I completely understand why you would put them in there. The puppy buyer is more likely to follow that course of action if you've had the conversation with them. I haven't read your contract, so I'm not referring to yours.

By the way, I enjoyed those articles that you linked.
What contracts do (or should I say, are supposed to do) is spell out the conditions and expectations of both parties to cover any warranty/guarantee. We can use any 'product' as an example for contractual warranties/guarantees, for example a Computer. Most are covered under an extended 'contract' with the manufacturer, but become null and void if for example the purchaser decides to open the computer and switch wires around etc. The manufacturer can not say 'Give me the computer back', but they can say, 'Sorry you are out of luck, the repair is not going to be covered and you will have to pay for it to be fixed'.

But you are right! There are many breeders that feel a contract is a dictation, and some of the things included would never stand up in court (but some will, depending on the judge).

I have 1 supplement that I require all puppies be put on for, minimum, the first 24 months of life (I do not spell out where to get it, I will supply where I get it if asked), receipts are required to be kept, can I force a purchaser to do this, no I can't, but any issues that may arrise from not giving it, are also no longer my responsibility.

I, personally, am a stickler for contracts. When I have purchased a dog I follow them to a T, if there was something I didn't agree with I would discuss with the breeder or not purchase the dog.

Thanks for the compliment on the articles ;-) I have to get back in the swing of updating the blog...maybe I'll put my thoughts on contracts down on paper
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