Contract

We do not sell with breeding rights unless pre-arranged ahead of time. We are very selective with our breeding rights. All but a very select few of our dogs are placed in pet homes with a strict spay and neuter contract.

 

Puppy Deposit Contract(filled out when deposit is placed)

Puppy Deposit Agreement

Breeder has agreed to sell and the Buyer has agreed to place a deposit to reserve a Pomsky puppy from Calimex Pomskies under the terms in this Agreement and described as follows:

Breeder

Name: Eric Congdon

Phone: 347-925-8225

Address: __________________________

Buyer

Name: ___________________________

Phone: ___________________

Address: ____________________________

Proposed use of the Puppy

(X) Pet or family companion-Limited Rights

(   ) Performance competitions/Therapy/Assistance-Limited OR Full Rights

(   ) Breeding-Full Rights

DEFINITIONS:

  1. Buyer: Buyer means the purchaser of the animal at issue and its present parents, subsidiaries, and partners at the time of purchase.

  2. Puppy: Puppy refers to the animal at issue being bought by the Purchaser. Dog may also refer to Puppy.

  3. CM Kennels: Calimex Pomskies is the original owner and producer of all Puppies discussed in this contract. They may also be referred to as “Breeder” or “The Breeder”.

  4. Breeding Rights: Breeding rights are the rights you can possess to breed a dog. Breeding rights are a tool used by dog breeders to control the development of their bloodline when a dog is sold to a third-party. A dog can be sold on limited or full registration at the choice of the Breeder, which is defined below.

  5. Limited Registration: You cannot breed the purchased dog, and under the Breeder’s circumstances, the dog must be spayed/neutered.

  6. Full Registration (Full Breeding Rights): You have the total rights to breed the dog. This registration costs more.

  7. Deposit: a sum payable as a first installment on the purchase of a Puppy as a pledge for a contract, the balance being payable later.

Deposit

The Buyer agrees to place a NON-REFUNDABLE holding/deposit fee for a puppy from an Calimex Pomskies litters. Surety of Action Non-refundable Holding/Deposit Fee in the amount of $500.00 is required to hold one puppy for Buyer until puppy is at least 8 weeks old. Our deposits never expire, and if a puppy is not chosen will continue to roll to the next litter until a puppy is chosen.

Purchase Price

The total Purchase Price of the Puppy is determined after birth based on eye color,(as soon as it can be determined), markings, estimated size, and coat type. The balance due after crediting the holding/deposit fee of $500.00, will be paid in full at the time of delivery of the Puppy to the Buyer if paid in cash. If paying electronically, the remaining balance must be paid 1-2 weeks before delivery. 

This purchase price does not include any delivery or shipping charges which is calculated separately at Buyer's choice. 

The Breeder reserves the right to void this transaction and refund the holding/deposit fee if we learn of any reason why Buyer might not be suitable for the Puppy – (i.e. Buyer is found to be an animal abuser, violent person, representative of a Pet Store, representative of a pharmaceutical research laboratory etc.) We will also return the deposit in times of tragedy, which is immediate family death and severe illness. In these cases we will ask for proof to be provided. If the transaction is voided or if the puppy should no longer be available due to illness or through some tragic accident the Puppy were to die or otherwise be seriously injured before it goes to its new home then, of course, the holding/deposit fee will be returned to the Buyer.

GENERAL

This written Agreement contains all of the terms and the above conditions of the holding/deposit fee of this Puppy Deposit Agreement. By signing below, Buyer states that they have read the Puppy Deposit Agreement and is in complete agreement. Buyer agrees that they understand this contract fully, that this contract is under jurisdiction of the State of Iowa, in Appanoose county.

I have read and I understand and agree to all conditions as indicated by my signature below.

AGREED:

Buyer Signature ____________________________

Buyer Name Printed:__________________________

Date: ____________________

Breeder Signature _____________________________

Breeder Name Printed_____________________________

Date: ____________________

Puppy Contract(Filled out once puppy is picked)

Calimex Pomskies                     
Puppy Contract 2023
Kennel Name:
   Calimex Pomskies
Breeder Name: Eric Congdon
Address: 
Phone: 3479258225
Buyer Name:   
Address:   
Phone:     
Date of Sale: 
Date of Delivery: 
Price: 
Deposit: Date: 
Transportation fee(not included in the original price): 
Balance paid:  Date: (Balance due before delivery)
Description of the Puppy
Breed: Pomsky
Gender preference: (   ) Male (  ) Female
Puppy Generation: 
Puppy’s Litter Given Name: 
If Renamed, New Name: 
Color: 
DOB:(Puppies must be 8-9 weeks or older before delivery)
Litter Name or Number:
Sire:
Dam:
Proposed use of the Puppy
(X) Pet or family companion-Limited Registration 
DEFINITIONS:

  1. Buyer: Buyer means the purchaser of the animal at issue and its present parents, subsidiaries, and partners at the time of purchase.

  2. Puppy: Puppy refers to the animal at issue being bought by the Purchaser. Dog may also refer to Puppy.

  3. CM Kennels: Calimex Pomskies is the original owner and producer of all Puppies discussed in this contract. They may also be referred to as “Breeder” or “The Breeder”.

  4. Pick-up: Pick up is the scheduled date agreed upon between Calimex Pomskies and the Buyer for the buyer to receive or pick up their agreed upon Puppy.

  5. Breeding Rights: Breeding rights are the rights you can possess to breed a dog. Breeding rights are a tool used by dog breeders to control the development of their bloodline when a dog is sold to a third-party. A dog can be sold on limited or full registration at the choice of the Breeder, which is defined below.

  6. Limited Registration: You cannot breed the purchased dog, and under the Breeder’s circumstances, the dog must be spayed/neutered.

  7. Full Registration (Full Breeding Rights): You have the total rights to breed the dog. This registration costs more.

  8. Guarantee: A guarantee is offered by a Breeder to provide protection and reassurance to both parties regarding the future health and wellness of the Puppy.

  BUYER/BREEDER AGREEMENTS

  1. Health: The Puppy sold is in good health on the date of sale. The first sets of shots have been given and the Puppy has been dewormed every two weeks. The Puppy’s sire and dam are both DNA tested. Puppies receive two fecal testings before they go home and those results are shared. The Puppy is expected to be free of the hereditary issues known to Pomeranians and Huskies that are specifically tested for through Embark. However, no guarantee of such is or can be made for all of the hereditary issues that may be possible, as they can not yet all be tested for. CM Pomskies does not assume any liability for any injury, illness, or issues that may occur to Puppy after delivery outside of the warranty. 

  1. Short Term Guarantee: Calimex Pomskies guarantees the Puppy free of any life-threatening illnesses for 48 hours. The Buyer is recommended to arrange a veterinarian examination within 48 hours of bringing the Puppy home. Should the veterinarian find the Puppy has a life-threatening condition in which the cause was attributed by Calimex Pomskies the Puppy may be returned and Buyer refunded everything.Calimex Pomskies has the right to ask a second opinion by a veterinarian of their choice. If the Buyer does not have proof of taking the Puppy to a veterinarian within 48 hours of purchase or does not contact the Calimex Pomskies about the scheduled date before the Puppy goes home, the refund is null and void. Transport back to Calimex Pomskies will be arranged and covered by the Buyer.

  1. Warranty: This warranty covers any genetic condition that causes a Puppy to die unexpectedly or be euthanized immediately by a veterinarian within the first two years of the Puppy’s life. Upon determination that a Puppy has a life-threatening genetic condition, Buyer has 48 hours from the time of the Veterinary findings to notify Calimex Pomskies Kennels with written documentation of said findings; failure to notify Calimex Pomskies will result in nullification and voiding of this warranty. In the case that a puppy dies, the owner may pick one puppy from a born or future litter as a replacement.

  1. Health insurance: The buyer agrees to keep the Puppy on health insurance for the entirety of its life. The Breeder sends each puppy home with one month of Trupanion pet insurance.

  1. Supplements: Calimex Pomskies keeps all of their dogs and puppies on Nuvet, which is a health supplement for dogs. Calimex Pomskies strongly recommends that the Buyer keep their dogs on Nuvet. The code to order for NUVET is 279923. 

  1. Issues Not Covered in Any Warranty: Any condition that is minor, correctable, treatable, avoidable with caution, or non-life threatening, is not covered. Conditions which may go away or are considered to be a condition which a Puppy may grow out of, or does not cause death, are not covered. Calimex Pomskies vaccinates our dogs as per the recommendation of our vet, and shot records are given to the owner when the Puppy goes home(Though dogs are vaccinated, that does not mean that the Puppy cannot get conditions/diseases that they are vaccinated against). This warranty does not protect against communicable illnesses like Parvo after a Puppy goes home. Calimex Pomskies recommends you DO NOT take your Puppy somewhere they could have picked it up after being taken home like a dog park or a pet store, as it will not be covered in our warranty. Conditions not covered include but are not limited to; umbilical/inguinal hernia, hip dysplasia, patella issues, retained testicles, kennel cough, autoimmunity, anxiety, cuts, grade 1-2 innocent heart murmurs, ear/skin mites, skin disorders such as mange and allergies, or any other minor condition. Due to the breadth of possible minor conditions, every possible condition would be too numerous to cover in this document. Any minor condition may be discussed with Calimex Pomskies for further consideration, but a presumption of no-coverage is implied for any condition deemed non-life-threatening.

  1. Vaccinations: The Buyer agrees to finish all Puppy vaccines before taking their dog out in public, letting their Puppy on public sidewalks and grasses, or letting their Puppy be touched by people outside of the family. This reduces the chances of your Puppy picking up a communicable disease such as Parvo WHICH CAN BE FATAL. 

  1. Pomsky Markings/Size: Calimex Pomskies cannot guarantee size, color, or markings as an adult. These genetics are determined by chance.Calimex Pomskies will give the Buyer their best predictions based on experience, but are not guaranteed as adults. No refunds or replacements will be given due to size, color, or markings.

  1. Pet Only/Spay and Neuter Required: A Puppy sold as a pet on limited registration is never to be used for breeding purposes; the Puppy is to be spayed or neutered before 18 months of age. The Puppy being purchased under Limited Breeding Rights must have proof of spay/neuter presented to Calimex Pomskies by a licensed veterinarian prior to 20 months of age. Such proof shall be provided with veterinary records or by a photo of the incision with the pertinent veterinarian’s contact information. If the Puppy cannot be fixed at 20 months due to a health issue, relevant proof must be provided. 

  2. If a Buyer with limited registration is thinking about breeding after the dog is purchased, full registration and breeding rights must be purchased directly from Calimex Pomskies. Calimex Pomskies reserves the right to refuse breeding rights to anyone at any point in time. If Full Breeding Rights/registration is allowed by Calimex Pomskies and is purchased, the Buyer is free to breed, show and sell offspring of the Puppy.  The Buyer agrees to use CMP as a prefix on any registration papers. 

  3. If the Buyer does not show proof of spay/neuter at 20 months of age or proof of breeding is discovered, it will be deemed a breach of contract and legal action will be pursued. A breach of this contract in this manner shall be punishable by:

  4. $4,000 per Puppy bred from the fruits of the purchased Puppy. $4,000 is the price of a Pomsky of quality at market, therefore, is the breach amount to be rewarded if said dog is bred and puppies are produced. 

  5. $1,000 for violation of Calimex Pomskies rights. This is the price charged for those that purchase breeding rights upfront. 

  6. Maintaining Proper Health: The Buyer agrees to maintain preventative health care including but not limited to; inoculations, internal as well as external parasites and heartworm preventative medication. The Buyer agrees to feed high-quality food as well as provide proper socialization and training. In the event a Buyer exercises return rights under the genetic guarantee, all documentation that the above maintenance has been performed must be provided to Calimex Pomskies . If the Buyer does not provide such proof that every step was taken to assure the good health of the Puppy, the Warranty is void. 

  1. Rehoming Provisions: If the Puppy needs to be rehomed at any time in its life, the Buyer is to contact Calimex Pomskies immediately. Upon such notification, the Puppy will either be returned to Calimex Pomskies for new home evaluations; or Calimex Pomskies will assist the Buyer in finding the Puppy a new home. If the Buyer dies, the Breeder is to be contacted, and the dog will either be returned to the breeder or the remaining family can work with the Breeder to settle who will keep the dog. If the Buyer rehomes this dog and fails to notify Calimex Pomskies , this may be deemed a breach of contract. Such a breach may lead Calimex Pomskies to pursue legal remedy in the amount $1,500, for Court Costs, and Attorney Fees. It is Calimex Pomskies duty as a breeder to ensure that its dogs are always in good homes and are never placed in an unsatisfactory home or shelter. The return of a Puppy to Calimex Pomskies does not guarantee a refund. Such actions may be considered by Calimex Pomskies

  1. Puppy Mistreatment: If Calimex Pomskies determines that the Puppy/dog is not suitably cared for, or that it has been mentally or physically mistreated, Calimex Pomskies has the right to take full possession of the dog without refund. Calimex Pomskies opinion is the only authority required to justify this action. Testimony of other people will not supersede the Calimex Pomskies judgment on this matter. Under such circumstances, all guarantees are then void. The death, injury or loss of said dog due to theft, carelessness, recklessness, abuse, neglect, or heat stroke will not entitle the buyer to any compensation from Calimex Pomskies in the terms of any warranty, which are then null and void. This Puppy is warranted only for the purpose of being a companion animal, not for any other purpose or reasons. This Puppy is not to be used for any illegal or immoral activities and is not to be used for any type of Puppy mill, dog farm or other mass-producing or money making operation. Such interference by Calimex Pomskies will not occur unless there are significant factors justifying such actions. Significant factors yielding this type of action by Calimex Pomskies include but are not limited to: 

  2. embedded collars, signs of old wounds left untreated, untreated skin conditions, emaciated appearance, extreme parasite infestations, observation of a person hitting or otherwise physically abusing an animal, being outside for long periods of time without adequate food, water or shelter.

  1. Slander: By signing this contract, the Buyer agrees to not slander, speak negatively, bash, or leave/make any sort of negative review about Calimex Pomskies or the puppies raised here to others or on any sort of social media platforms.

  1. Breeder Guarantee: Calimex Pomskies agrees that the Puppy is sound in health, temperament, and condition and is satisfied with the purchased Puppy. Calimex Pomskies agrees to always help if there are any questions or concerns with the Puppy throughout its lifetime. Calimex Pomskies also agrees to take back the Puppy if the Buyer is no longer able to keep it or will help in rehoming to a new suitable home. The Buyer acknowledges that Calimex Pomskies has done everything possible to make this a great experience and to create a puppy that is at breed standard in health and temperament. Calimex Pomskies guarantees to always be swift to reply and be of any assistance to the Buyer throughout the Puppy’s life.Calimex Pomskies agrees to always be honest and fair. 

This agreement is made and signed by both parties to ensure the wellbeing and protection of this animal. If any part of this Agreement is breached, Calimex Pomskies is released from any further obligations hereunder. Should Calimex Pomskies need to seek legal action against the Buyer or the Buyer seek legal action against Calimex Pomskies due to violations in this agreement, the Buyer will assume any and all attorney and court fees. This Contract and Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California in Los Angeles County. Buyer agrees and understands that this contract is non-transferable, as it applies only to the original puppy and Buyer.

Buyer Signature: _____________________________
Buyer Name Printed: __________________________
Date: _____________
Calimex Pomskies /Breeder Signature: ____________________________
Print: ________________________
Date: _______________