In answer to the complaint filed by Robin Ann Plischke (email - email@example.com) filed on 2/2/09. West and Robin Plisechke bought a mini aussie puppy in August 08. I evaluate the puppies at 8 weeks and told West he could have his first choice if I did not keep him to show or his second choice if I or the stud dog owner kept that puppy. I kept the first puppy and West took there second choice from 3 I made available to him to chose from not including the puppy I kept. The puppy West chose evaluated as confident and biddable, not alpha. The puppy weighed 4 lbs at 8 wks and just under 8 lbs and 11”s tall at 5 months (he was underweight) when I paid his air fare to have him shipped back to me. West paid $1000 for the puppy, $345 for shipping, crate and health certificate, total $1345-not $1800. Puppy was shipped 8/30/08. I have all of our email correspondence. I emailed the Pet Puppy contract to Robin. She said she did not have Microsoft Word and could not open it. I told her I would print 2 copies and put them in there puppy care package. I asked her to sign both copies and mail them back to me and I would sign 1 and mail back to them. I never received the contracts back. On 11/2/08 West emailed me and I called him as soon as I received his email. He said he had called but I never received his call. I only have a cell phone and some times calls do not come through. West said there 5 yr old daughter was holding the puppy on a leash at a game on a field with children running every where. The puppy jumped at one of them (they are a herding breed) scaring the children. He did not say the puppy bit anyone. He did say he had scratched one of the children. He asked what to do. I asked if he had taken the puppy to puppy kindergarten as is required in my contracts and he said no, it was 40 miles to town and he did not know where to go. I told him PetSmarts have training classes all the time or he could look in the phone book and find a trainer. I also asked if they allowed the puppy to put there mouth on them and West told me he liked to wrestle with him. I told him he could not allow the puppy to put there mouth on them as the puppy has to learn there place as the puppy will play with them just as he would another puppy unless taught other wise. I told him puppy’s teeth are like little needles at that age. He said he would not play with him that way any more. I told West he needed to always supervise any time his children where playing with the puppy. He said he would. I asked West if he had been socializing the puppy and told him there was a socialization chart in the puppy package I had sent. He said they really had not looked at much of the info I had sent. I provide a care package including a puppy training tape with 3 wonderful dog trainers, vaccination record, printed training material including a socialization guide and chart to make sure your puppy receives proper socialization, and information about the Australian Shepherd breed, dog food guide, toys, treats, leash and collar. I asked if he had watched the puppy training tape I provided with the puppy care package or had read the printed training material. He said he did not have a VCR and had not read the material I sent. I asked him to rent a VCR and watch the tape as most of the things he needed to know about how to raise a puppy are covered in it. He said he would. West called a week later and said the puppy had growled at his 5 yr old and his wife was going to lock him in a crate. I asked him if he had started puppy classes yet or watched the tape. He said no, his wife wanted to send him back. West told me he called Petco and they had refused to train the puppy. I asked who he talked to as I would like to talk to them. I could not believe they would refuse to train the puppy with out even seeing him. West said he did not know who he talked to on the phone. I made arrangements to have the puppy transported back to me from California to Arizona. West said he would keep the puppy for a couple of weeks then drive the puppy to the person transporting the puppy. I told West the stud dog owner would be there to see what she thought about the puppy. She is a third generation breeder/handler. West never showed up or called the transport so I called West after the person providing the transport called wanting to know where the puppy was. He said he changed his mind and was going to keep him and get him into puppy classes as he had been perfect for 3 weeks. West called a couple of days later and told me he had been sitting in a room when his 5 yr old daughter came running in screaming with bloody lip. He said he did not see what happened but his wife said she was going to lock the puppy up in a crate and let him die in there if I did not take him back. I told him to put him on a plane ASAP and send him COD. I told him to be sure and send his shot record and vet records with him. I told West I would evaluate the puppy and if I found he had a bad temperament I would provide a replacement puppy. He said his wife did not want another puppy. I told him I would give him back his purchase price minus the money I had to pay for the puppy’s air fare if I found the puppy had a bad temperament. When I picked the puppy up he did not have any type of shot record with him. I called and left a message for them to send his shot record to me. I never received anything. The vet had given him his rabies shot the day he was shipped as the airlines will not take a dog with out proof of rabies and he was over 5 months of age. He had not received any shots other than the ones I gave him so I started his shots all over. I talked to their vet (the one that gave him his rabies shot at over 5 months of age in order to get on the plane) and they told me the puppy had been seen one other time that they had brought him in. He had been poked in the eye at 3 months old. They did not get any vaccinations for their puppy at that time or for that matter did they take him in within 3 working days from the time they received him per the contract.in my evaluation I found the puppy had not learned to walk on a leash properly, he pulled at the end of his leash continually and did not listen. If he had been a big dog he would have been dragging me. He also continually jumped up on me and had not been taught to stay down. I kept the puppy for 1 month and evaluated his temperament. He was afraid of my 4 yr old grand daughter at first but came around to not being afraid. My 4 yr old granddaughter and 8 yr old grandson started training him and he did very well. He learned to walk on a leash and not pull, stay down and not jump up on you and was well on his way to learning to sit pretty, down, stay, roll over and get up on a bucket and sit there. My grand children have been raised around puppy/dogs and know how to respect them. I gave the puppy to another family. I told West when I spoke to him the last time that I had re-homed the puppy for free, not receiving any money for him. They have 2 grand children, ages 5 and 8, that also know how to treat puppy/dogs. They love him and have not had any trouble at. They tell me he is one of the smartest and easiest dogs to train they have ever had. “Jaxon” grew up to be 15”s so is not a toy aussie as toy’s are under 14”s. I talked to West approximately the end of January 09 to let him know there was nothing wrong with the puppy’s temperament. I also told him he had not fulfilled his end of the contract as he had not socialized the puppy, not provided the puppy kindergarten training that was required and had not kept up on the puppy’s vaccinations. I told him owning a puppy was a responsibility that needed to be taken seriously and he had not put any effort into getting his puppy into training as required. West started screaming at me and cussing at me and said he would make my life miserable. He hung up on me. I called the stud dog owner and spoke to her. She also called West and he started screaming and hung up on her after telling her he was going to take me to small claims court. I and a friend flew to Santa Barbara, California on 4/10/08 to meet with the stud dog’s owner and meet the potential stud dog and evaluate his temperament. The stud dog has a wonderful out going and friendly temperament. The dam of the puppy is also very sweet and friendly. I will only breed dogs with great temperaments. I told West all of this before they purchased the puppy. I tried attaching the contract I sent West and Robin Plischke so you can see what they really paid and what there requirement was when they purchased the puppy from me.
Kathy Tomerlin 520-260-4587
Quality Pet Puppy Sales Contract
Quality Pet: These puppies are sold only as puppies to be spayed or neutered. This puppy may or may not have a disqualifying fault or other shortcomings that would prevent its being considered for showing and/or breeding. If there is a fault, it will not prevent the puppy from living an otherwise normal and healthy life.
Date: 8/26/08 Breed: North American Miniature Australian Shepherd Color: Black Tri
DOB: 7/2/08 Dog XXX Bitch _ Eye Color: Left eye - Brown Right eye - Brown
Sire: Tayins Bigshot At Stockholder Reg # D0423KK2127
Dam: P Williams Polly Reg # M-872 This puppy is sold as a quality pet puppy for the price of $1000 and under the following terms:
Deposit: $ 200 Paypal Certified Check #_ Money order_ Cashiers Check_ Cash _ Balance due: $1145 including shipping Date: 8/26/08
*Personal checks require 10 days to clear THANK YOU
PROVISIONS OF SALE
1. Seller agrees to provide health records, pedigree and registration forms on this dog. Registration papers will include Boldheart as the first part of the puppies name.
2. Seller guarantees the above dog to be in good physical and mental condition and free from disease at the time of sale. Buyer agrees to have the puppy examined by his/her own veterinarian within 3 working days following possession by Buyer. If any sign of illness is found (other than worms, diarrhea from change in diet, change of
enviroment or travel stress, etc.), the Buyer must contact the Seller immediately. The Buyer may elect to keep the puppy and assume all costs for its care, or may return the puppy for a full refund upon the Sellers receipt of the
veterinarian’s statement regarding the puppy’s health. Buyer is responsible for any and all vet bills. Return will be at Buyers expense. This is to protect the Buyer as well as the Seller. Seller’s intent is that the Buyer will both be 100% satisfied with his/her purchase and understand that when dealing with live animals, some things are beyond human control.
3. Buyer is expected to properly socialize and expose puppy to various situations as to develop a sound temperament. The first two years are especially important. If this puppy has not attended obedience school as well as puppy kindergarten, guarantee is null and void regarding temperament. It is important that the puppy learns who the leader is and how to socialize with other puppies/dogs as well as people.
4. Most of Seller’s puppies are on a spay/neuter contract. It is most important to me that they go to permanent loving homes where they will receive good food as well as necessary veterinary care and of course, lots of LOVE. All pet puppies will be required to be spayed or neutered. Registration papers on all pet puppies will be held by Seller until proof of spay or neuter by the attending veterinarian is received by the breeder. It is advised that this is done between the ages of 6 to 10 months of age. “Proof” may be a copy of the bill with the following: veterinarian’s name and address, date of procedure, name of dog and owner’s name and address. The papers on all pet puppies will be marked “This dog is not to be used for breeding and if bred, the resultant puppies will not be registered.
5. If prior to this agreement, the puppy as determined to be pet quality and the puppy purchased as such develops within 26 months from the date of birth any eye defects, hip dysphasia, or any inheritable or genetic defect which would prevent it from enjoying a reasonable and normal life, the Seller will replace the puppy with a comparable puppy in the Seller’s next available litter. Buyer will be responsible for all shipping costs.
Before any guarantees will be honored, buyer must provide seller with a veterinarian’s statement, on veterinarian’s letterhead, stating the health condition and the genetic origin of health condition as well as prescribed treatment routine. The seller reserves the right to have a second veterinarian of choice evaluate the dog’s condition, at seller’s expense, before the guarantee will be honored, except in the case of OFA evaluated hip x-rays or CERF eye results.
6. The Buyer certifies that the puppy will live with the Buyer, be confined by a fenced yard or other agreed upon arrangement, and will have adequate exercise, nutritious food, and necessary health care including yearly vaccinations.
7. The Buyer and family shall treat the puppy in a humane and loving way at all times, and make sure that anyone temporarily caring for the puppy shall do the same.
8. The Buyer certifies that he/she is not acting as an agent in this purchase and under no circumstances will this dog ever be sold, leased, or given to any pet shop, research lab, shelter, pound or similar facility.
9. The Buyer agrees that Seller shall repossess puppy immediately upon evidence of neglect, endangerment, and/or abuse at no expense to Seller
10. If at any time in the life of the dog the buyer is unable to keep this dog, Seller will try to assist buyer in finding a new home for the dog. There is no reason that any Boldheart puppy should ever end up in a pound or rescue situation!!!
This contract is non-transferable. Should Buyer relinquish ownership in the puppy, for any reason, this contract shall be null and void.
Although there are no plans at present to stop breeding Mini Aussies, the above guarantees are valid only so long as Seller is breeding said dogs. Should Seller cease breeding said dogs, for any reason, this contract will become null and void.
This contract is made and signed by both the Seller and the Buyer for the well being of the said puppy. If the Buyer breaches any part of this contract or any Special Addendums attached to this contract, the Seller can and will repossess the puppy.
Seller: Kathy J. Tomerlin
Seller’s Kennel: Boldheart
Seller’s Address: PO Box 91, Kearney, AZ 85237
Seller’s Telephone: 520-260-4587
Seller’s Web Site: www.boldheartminiaussies.com
Seller’s Signature: _ Date: _
Buyer: Robyn & West Plischke
Buyer’s Address: 190 Joaquin Miller Rd. Lake Arrowhead, Ca. 92352
Buyer’s Telephone: 909-744-8404
Email address: NUCLEUS@BATTLEAXERRECORDS.com
Buyer’s Signature: _ Date: _
Thank you and enjoy your BOLDHEART puppy.