NON-BREEDING & RIGHT OF FIRST REFUSAL AGREEMENT

 

Date: ____ / ____ / ______

 

This Agreement is made between:

 

Breeder:

Crystal Creek Kennels Pty Ltd

(“the Breeder”)

 

and

 

Purchaser(s):

Name(s): _______________________________________________________________

 

Address: _______________________________________________________________

 

Suburb: __________________________________ State: __________ Postcode: __________

 

(“the Purchaser”)

 

1. Puppy/Dog Details

 

Breed: Golden Retriever

 

Registered Name: ____________________________________________________

 

Microchip Number: ___________________________________________________

 

Date of Birth: ____ / ____ / ______

 

Date of Purchase: ____ / ____ / ______

 

2. Non-Breeding Condition

 

The Purchaser acknowledges and agrees that the puppy/dog identified above has been sold by Crystal Creek Kennels Pty Ltd strictly as a non-breeding companion animal.

 

The puppy/dog must not be bred, mated, used for stud purposes, or otherwise used for the production of offspring, whether intentionally or inadvertently, by the Purchaser or by any other person.

 

The Purchaser must not alter, remove or otherwise change the non-breeding status of the puppy/dog without the prior written consent of Crystal Creek Kennels Pty Ltd.

 

3. Desexing Requirement

 

The Purchaser agrees to have the puppy/dog desexed within 12 months of its date of birth, unless Crystal Creek Kennels Pty Ltd has provided written approval for an extension.

 

The Purchaser must provide Crystal Creek Kennels Pty Ltd with a copy of the veterinary desexing certificate or other satisfactory veterinary evidence confirming that the procedure has been completed.

 

Where a registered veterinary practitioner recommends that desexing be delayed for legitimate veterinary reasons, the Purchaser must provide written veterinary evidence to Crystal Creek Kennels Pty Ltd. Any extension to the 12-month period must be agreed to in writing by Crystal Creek Kennels Pty Ltd.

 

4. Registration

 

Within approximately four (4) weeks of the Purchaser receiving the puppy/dog, the Purchaser will be provided with, or will have access to, a Certificate of Registration issued by Central Animal Records (C.A.R.), recording the Purchaser as the registered owner, subject to the applicable registration requirements.

 

The Purchaser agrees that the puppy/dog’s non-breeding status is an essential condition of the sale.

 

5. No Breeding, Leasing or Loaning

 

The Purchaser must not lease, loan, co-own, breed, use for stud purposes, or otherwise make the puppy/dog available to another person for breeding purposes.

 

The Purchaser must not permanently or temporarily transfer possession of the puppy/dog to another person in circumstances that could reasonably result in the puppy/dog being bred without the prior written consent of Crystal Creek Kennels Pty Ltd.

 

6. Transfer of Ownership

 

If the Purchaser wishes to sell, surrender, rehome, transfer or otherwise permanently dispose of the puppy/dog, the Purchaser must first notify Crystal Creek Kennels Pty Ltd in writing.

 

The Purchaser agrees to provide Crystal Creek Kennels Pty Ltd with the opportunity to exercise its Right of First Refusal before the puppy/dog is offered or transferred to another person.

 

No transfer of ownership should be registered or completed without ensuring that the new owner has agreed in writing to the same non-breeding obligations contained in this Agreement, including the requirement to maintain the puppy/dog as a non-breeding animal.

 

7. Right of First Refusal

 

If the Purchaser intends to sell, surrender or otherwise permanently transfer the puppy/dog, the Purchaser must first provide Crystal Creek Kennels Pty Ltd with written notice of the proposed transfer.

 

Crystal Creek Kennels Pty Ltd will have the first opportunity to repurchase the puppy/dog on terms to be agreed between the parties.

 

If Crystal Creek Kennels Pty Ltd declines to exercise its Right of First Refusal, the Purchaser may transfer the puppy/dog to another suitable person, provided that:

 

1. the new owner agrees to the non-breeding conditions of this Agreement;

2. the new owner signs an agreement containing substantially identical non-breeding obligations; and

3. Crystal Creek Kennels Pty Ltd is provided with a copy of the signed agreement upon request.

 

8. Breach of Agreement

 

If the Purchaser breaches this Agreement, including by allowing or permitting the puppy/dog to be bred, failing to comply with the agreed desexing requirement without an approved veterinary extension, or transferring the puppy/dog without complying with the conditions of this Agreement, Crystal Creek Kennels Pty Ltd may exercise any rights or remedies available to it under this Agreement or applicable law.

 

Where the parties have agreed that Crystal Creek Kennels Pty Ltd may repurchase the puppy/dog following a breach, the repurchase amount will be no greater than the original purchase price, unless otherwise agreed in writing.

 

Upon payment of the agreed repurchase amount, the Purchaser agrees to immediately return the puppy/dog, together with any relevant registration documents, to Crystal Creek Kennels Pty Ltd.

 

9. Acknowledgement

 

The Purchaser acknowledges that:

 

• they have read and understood this Agreement;

• the non-breeding condition is an important condition of the sale;

• they have had the opportunity to ask questions about the Agreement before signing;

• they understand that the puppy/dog is being sold as a non-breeding companion animal; and

• they agree to comply with all obligations contained in this Agreement.

 

10. Signatures

 

Puppy/Dog

 

Registered Name: ____________________________________________________

 

Microchip Number: ___________________________________________________

 

Date of Birth: ____ / ____ / ______

 

⸻

 

Purchaser 1

 

Full Name (print): ___________________________________________________

 

Signature: ___________________________________ Date: ____ / ____ / ______

 

Purchaser 2

 

Full Name (print): ___________________________________________________

 

Signature: ___________________________________ Date: ____ / ____ / ______

 

⸻

 

Witness

 

Full Name (print): ___________________________________________________

 

Signature: ___________________________________ Date: ____ / ____ / ______

 

⸻

 

For Crystal Creek Kennels Pty Ltd

 

Authorised Representative: ___________________________________________

 

Position: ___________________________________________________________

 

Signature: ___________________________________ Date: ____ / ____ / ______