The AMPA Breeder’s Code of Ethics requires breeders to offer a health guarantee on all piglets sold. A standard sales contract is strongly encouraged to put clear terms in writing that the breeder and buyer agree to. A good contract will protect the breeder, buyer, but above all it will protect the piglet from human conflict or error. This form of open communication can help prevent misunderstandings or assumptions. It is a good practice to provide the family an extra copy of the contract to keep for their records.
If you are an AMPA Breeder member and would like assistance building a contract & health guarantee for your businessness, you are welcome to contact Stephanie Matlock for help at [email protected]
Points to consider:
The point of the contract is to lay out the responsibilities of the owner/buyer and the responsibilities of the breeder in order to protect the piglet.
Requiring a veterinary visit within a certain amount of time will protect you and the piglet. Once the piglet leaves your care, s/he is vulnerable to environmental factors, infections, and injuries outside the control of the breeder. An initial veterinary visit will clear the pig of any pre-existing infections or illnesses & make sure they are in optimal health during the stressful home transition. You may choose to require a veterinary examination within 72 hours after delivery of the piglet, but allow your customers extra time, as long as 7 days, as long as they keep in contact and let you know.
Replacement and refunds. Many breeders choose a NO REFUND policy; instead offering a replacement piglet. If you do offer refunds in your contract, you will need to be very specific on what you will and won’t refund, how much of the purchase price will be refunded, and how long the refund offer is valid.
Keep careful records of any potentially genetically connected complaints or health issues. It is against the Code of Ethics to breed pigs that are passing on genetic defects.
If in doubt, put it in writing. It’s always better to have more than necessary, than to face the predicament of not having an issue laid out in the contract.
The following is a sample health guarantee and sales contract put together by Dr. Cathy Zolicani and Stephanie Matlock. You may choose terms that suit your situation & what you are comfortable agreeing to.
SAMPLE Health Guarantee and Sales Contract
Our care expectations and policies on replacement/refund are stated below.
The BREEDER has done everything possible to produce healthy sound piglets both by breeding only sound parents that are free of known problems, and by raising the piglets in the best way possible in regards to diet, exercise, socialization and veterinary care.
The BUYER agrees to maintain the pig’s health in good condition, and to provide yearly examinations, vaccinations, hoof trims, and any other usual procedures necessary to assure good health. This pig has never been exposed to aversion or harsh correction training and buyer agrees to not allow this type of training.
The BUYER agrees to provide a suitable fenced area for this pig.
The BUYER hereby agrees that if at any time the BUYER cannot take proper care of the pig, the BUYER must contact the BREEDER and the BREEDER will have the first choice to either: (a) take the pig back or (b) assist the BUYER in finding a suitable home for the pig.
There are many factors that can influence growth and development, such as diet, exercise, weight gain, etc. The BUYER assumes the responsibility to carry on with the appropriate vaccinations, exercise and feeding schedule, as supplied by the BREEDER.
The BREEDER guarantees the above described pig to be healthy at the time of the sale.
The BREEDER has a NO REFUND policy, except in the case the piglet is found to be less than healthy documented by a veterinarian within 72 hours of delivery.
The BUYER agrees to have this pig examined by a veterinarian within 72 hours after delivery. If the pig is not examined by a vet within the 72 hour time line then this health guarantee is considered null and void.
If the pig is found to be other than healthy by the BUYER’S veterinarian, it shall be returned to the BREEDER immediately, and the purchase price will be refunded. Deadline for this refund is 72 hours after delivery. Pig must be returned within one week after veterinary determination.
The guarantee below to replace piglet at the discretion of the breeder, is good for 24 months from the date of purchase.
The BREEDER does not assume any liability for any injury to said pig after delivery.
The BREEDER will replace the piglet with another piglet if the piglet is found to have genetic defect in which the disease is crippling and properly diagnosed within 24 months of the date of purchase. The X-rays, veterinary record, necropsy, diagnostics and other documentation relevant to the diagnosis must be shared with the breeders.
In the case of suspicious death, a necropsy report must be provided.
This contract does not guarantee against ANY transmittable diseases such as erysipelas, except in the 72 hour period after delivery.
The BUYER agrees that neither he/she nor the BUYER’S estate/executors may sell this piglet or transfer ownership of this piglet without the BREEDER’S knowledge and written consent.
The BREEDER neither makes nor implies any warranties or guarantees, express or implied, other than those written in the agreement including, without limitation, the warranties of merchantability and fitness.
This document constitutes the entire agreement between the Breeder and Buyer with respect to this sale. The Buyer’s signature below indicates that he/she has read, agrees and does understand all the conditions of the Sales Agreement and Contract of Sale.