Policy | Sydney Toy Poodles

Sydney Toy Poodles Policy

1. Parties and puppy details

1.1 The Seller is the breeder named in the Sydney Toy Poodles Sale Agreement.

1.2 The Purchaser is the person signing the Sydney Toy Poodles Sale Agreement.

1.3 The Puppy is the dog described in the Sale Agreement, including microchip number (if

already implanted) and date of birth.

2. Deposit, payments and collection

2.1 A deposit secures the Puppy and is applied toward the purchase price.

2.2 Deposit is strictly non-refundable if the Purchaser changes their mind, cancels, or fails to

collect the Puppy by the agreed collection date (subject always to clause 9 and any rights under

the Australian Consumer Law).

2.3 The deposit is agreed to be a genuine pre-estimate of the Seller’s costs and losses associated

with holding the Puppy, including advertising, administration, ongoing care, and loss of

opportunity to sell to another purchaser.

2.4 If the Seller is unable to supply the Puppy due to illness, injury, death, or other welfare-

related reason (acting reasonably), the Seller will refund the deposit in full or, if the Purchaser

agrees, apply it to another puppy from a future litter.

2.5 The balance of the purchase price must be paid before collection, unless otherwise stated in

writing.

2.6 Title passes to the Purchaser only once the full purchase price has been received.

2.7 If the Purchaser wishes to return the Puppy to the Seller for reasons unrelated to any breach

of the ACL consumer guarantees, the Seller may, at its discretion, accept the return as a

voluntary buy-back within 7 days of date of purchase or otherwise agreed by the Seller.

2.8 If a voluntary buy-back is accepted, the Purchaser acknowledges and agrees that 70% of the

total purchase price paid is forfeited to the Seller to cover costs associated with the sale and

return, including veterinary checks, care, administration, marketing, and loss of opportunity. The

Seller will refund the remaining 30% within 7 business days after the Puppy is returned and the

Seller has received and assessed the Puppy.

2.9 The Purchaser is responsible for transport and return costs unless otherwise agreed in

writing.

3. Risk, care and transport

3.1 Risk in the Puppy passes to the Purchaser at the time the Puppy is collected by the Purchaser

or the Purchaser’s nominated carrier.

3.2 If the Purchaser arranges transport, the Purchaser is responsible for selecting a suitable

carrier and any carrier requirements.

3.3 The Purchaser agrees the Puppy will be transported in a safe manner, with appropriate

ventilation, temperature control, rest breaks and hydration.

4. Breeder representations at sale

4.1 The Seller warrants that at the time of handover the Puppy has been raised with due care

and, to the Seller’s knowledge, is in good health for its age.

4.2 The Seller provides to the Purchaser the Puppy’s vaccination and worming history and any

known relevant health information.

5. Purchaser acknowledgements about living animals

5.1 The Purchaser acknowledges that dogs are living animals and may develop illnesses or

conditions after sale, including conditions with genetic components, and that outcomes can be

affected by environment, diet, exercise, weight, injury, parasites, infectious exposure and

veterinary management.

5.2 The Purchaser acknowledges that no breeder can guarantee a dog will never develop illness,

orthopaedic issues, allergy or behavioural traits.

6. Mandatory post-collection veterinary check

6.1 The Purchaser must arrange a veterinary examination by a registered veterinarian within 72

hours of collection (Initial Vet Check).

6.2 If the Initial Vet Check identifies any concern the Purchaser must notify the Seller in writing

within 24 hours of receiving the report and provide a copy of the report.

6.3 If the Purchaser does not obtain the Initial Vet Check within the timeframe, the Purchaser

may lose access to the voluntary breeder support benefits in clauses 10 to 12 (but this does not

limit ACL rights).

7. Exposure restrictions in the first 72 hours

7.1 Until the Initial Vet Check is completed, the Purchaser must not take the Puppy to high-risk

locations including dog parks, beaches, off-leash areas, grooming salons, pet shops, dog day

care, boarding kennels, group training, or permit contact with unknown dogs.

7.2 A breach of this clause may exclude access to the voluntary breeder support benefits in

clauses 10 to 12 if the illness or condition is consistent with post-collection exposure.

8. Common breed predispositions (disclosure)

8.1 The Purchaser acknowledges that toy poodles, poodles and cavoodles may be predisposed

to certain conditions including (without limitation):

(a) Patellar luxation

(b) Legg-Calvé-Perthes disease

(d) Ear infections and skin allergies

(e) Certain hereditary eye conditions (including forms of PRA)

(f) Endocrine conditions that can occur in poodles (including Addison’s disease and Cushing’s

disease)

8.2 This clause is disclosure only and is not a promise that the Puppy will or will not develop any

condition.

9. Australian Consumer Law statement

9.1 Nothing in this contract excludes, restricts or modifies any rights or remedies that may be

available under the Australian Consumer Law.

9.2 The voluntary breeder support benefits in clauses 10 to 12 are additional to any ACL rights

and are subject to strict conditions.

9.3 Any refund or remedy required by the ACL will override these voluntary terms, including

clauses 2.2 to 2.9.

10. Voluntary hereditary condition support (strict and limited)

10.1 This clause applies only to hereditary or congenital conditions that:

(a) cause significant functional impairment, meaning the Puppy is materially unable to walk, run,

breathe, see, or otherwise function normally for a puppy of its age, or

(b) require major surgical intervention or hospitalisation.

10.2 The Seller’s voluntary hereditary condition support is available only where all of the

following are satisfied:

(a) the condition is detected and formally diagnosed within 12 weeks of the Puppy’s date of

birth

(b) diagnosis is confirmed in writing by an appropriate veterinary specialist (for example,

orthopaedic specialist, ophthalmologist, or internal medicine specialist)

notes

(d) the Purchaser has complied with clauses 6 and 7

(e) the Purchaser has complied with clause 11 (pet insurance requirement), if the Purchaser

seeks the Seller’s financial contribution.

10.3 Exclusions: This voluntary hereditary condition support does not apply to:

(a) mild, intermittent or non-surgical conditions

(b) cosmetic issues or conformation preferences that do not materially impair function

diet, rough play, jumping from heights, or inadequate supervision

(d) parasites or infectious diseases reasonably consistent with post-collection exposure

(e) behavioural or temperament issues

(f) conditions diagnosed after the 12-week period, even if suspected earlier.

10.4 No unilateral surgery (except emergencies):

(a) Except in a genuine emergency, the Purchaser must not authorise major surgery for a

condition claimed under this clause without first giving the Seller a reasonable opportunity (at

least 48 hours) to review the specialist evidence and propose a second opinion.

(b) In an emergency where delay would materially risk the Puppy’s welfare, the Purchaser may

proceed, but must notify the Seller as soon as practicable and provide records.

10.5 Second opinion right: The Seller may require a second specialist opinion arranged by the

Seller at the Seller’s cost, provided it is reasonably available and does not unreasonably delay

necessary treatment.

11. Pet insurance requirement for hereditary contribution

11.1 If the Purchaser wants to be eligible for the Seller’s financial contribution in clause 12, the

Purchaser must:

(a) take out pet insurance within 7 days of collection

(b) ensure the policy includes hereditary or genetic condition cover (to the extent offered by the

insurer)

(d) provide proof of currency and cover on request.

11.2 If the Purchaser does not comply with clause 11.1, the Seller has no obligation to make any

payment or contribution under clause 12. This does not limit ACL rights.

12. Seller contribution capped to excess only (once only)

12.1 If the Purchaser satisfies clauses 10 and 11, and the insurer approves a claim for

hospitalisation or surgery for the relevant condition, the Seller will contribute up to $500 toward

the insurance excess actually paid by the Purchaser.

12.2 This contribution is available once only per Puppy and is the total cap.

12.3 The Purchaser must provide:

(a) the insurer’s written approval and claim outcome

(b) evidence of the excess payment

12.4 This contribution is a goodwill payment and is not an admission of fault or liability.

13. What the Seller will not pay

13.1 Subject always to clause 9, the Seller will not pay:

(a) routine veterinary care, vaccinations, worming, flea or tick treatments

(b) desexing

(d) ongoing medication, physiotherapy or rehabilitation costs

(e) travel costs, loss of income or other indirect costs

(f) any veterinary costs incurred without following the notification and evidence requirements in

this contract (unless emergency).

14. Notification and evidence process

14.1 All notifications must be in writing (email is acceptable).

14.2 Where the Purchaser makes any claim for breeder support under clauses 10 to 12, the

Purchaser must provide full records relevant to the condition, including clinical notes, imaging,

test results and referrals.

15. Return, replacement and refunds (voluntary policy position)

15.1 Any voluntary offer by the Seller to replace the Puppy or refund any portion of the

purchase price (outside ACL remedies) is at the Seller’s discretion and will depend on the

circumstances, including the Puppy’s welfare and the specialist evidence.

15.2 If return is proposed, the parties will act reasonably having regard to the Puppy’s welfare

and practicalities.

16. Breeder compliance and owner registration

16.1 The Seller confirms the Puppy will be sold in accordance with NSW requirements applicable

to breeders and companion animal identification and registration at the time of sale.

16.2 The Purchaser agrees to promptly complete any required owner registration steps after

collection.

17. Privacy and records

17.1 The Purchaser consents to the Seller holding and using the Purchaser’s personal

information for purposes of the sale, post-sale support and compliance, and sharing it with the

Purchaser’s nominated carrier or veterinarian where reasonably necessary.

18. Dispute resolution

18.1 If a dispute arises, the parties agree to first attempt to resolve it in good faith by

exchanging relevant documents and having a phone conference within 7 days of a written

dispute notice.

18.2 If not resolved, either party may refer the matter to NSW Fair Trading for assistance, or

pursue any other lawful remedy.