SALES AGREEMENT -- HEALTH WARRANTY
The buyer agrees to this document as the sales contract and breeder warranty
The puppy has been veterinarian examined and found healthy. A certificate of
health was issued by the attending veterinarian for any shipped puppy. The standard health
examination includes:
1) Heart --Lungs
2) Internal and External Parasites
3) Coat--Skin Condition
4) Knee--Hip Joints
5) Eyes, Ears, Teeth and Mouth
6) General appearance of the puppy.
7) Temperament
8) Fecal Float. The fecal must be negative to pass the health exam.
Should the puppy not pass his first vet exam due to parasites, he will be held at our home, treated
and once clear of parasites, we will then release the puppy to you. A puppy who needs to be retained is not grounds for a refund. You agree and understand that we are concerned breeders who want the best for you and our puppy.
The above puppy has been raised with love and care in a clean environment with the sole purpose of being an excellent family pet.
Seller Representations
Reasonable precautions have been taken to prevent this puppy from acquiring hereditary defects.
Within 2 years from date of birth
Should the puppy be found to be suffering with any heart, lung, liver, hearing, or PRA of the eyes by two veterinarians, 1 of which is a licensed tenured Veterinarian Specialist, the buyer shall provide a replacement puppy of equal value to the buyer. Registration papers, diagnosis letter, and any other medical records requested by the seller shall be provided to the seller prior to the seller providing the replacement puppy. The replacement shall be from the sellers next available litter. The puppy need not be returned to the seller.
Veterinary Expenses are not the Seller's Responsibility -
Buyer understands that all veterinary fees and expenses are the responsibility of the buyer. Under no circumstances shall the seller be held responsible for any expenses for any puppy not in possession of the seller. Seller in no way, nor shall in any way be, responsible for any veterinary expenses, including yet not limited to treatment, medications, diagnosis, etc.
As vet care can be expensive, it is recommended that the buyer purchase a Veterinarian Health Insurance prior to the puppies arrival.
VETERINARIAN As a new puppy owner you will rely 100% on the veterinarians professionalism and honesty, It is suggested that you find an established veterinarian office. Owned by a veterinarian who has been treating for more than 10 years. Not a Banfield or VCA hospital. These two are known to charge well above average fees, pay commissions to veterinarians and staff for selling products Management encourages tests you may not need. and you may never see the same vet twice. most veterinarians in these locations are new to the field and have not much experience treating. Most honest vets do not charge a fortune for a diagnosis. Most can rely on physical symptoms to determine if it has a deadly illness and decide if euthanasia or treatment should be applied.
The Following Terms and Conditions Apply to the Buyer
The seller relies on the expertise of a veterinarian or health certification by the veterinarian when releasing the pups to their new homes.
FIRST Examination - Buyer agrees to have the purchased dog examined by a licensed veterinarian within 48 hours of receipt. If the puppy is found, by your veterinarian Unfit for purchase, the puppy is to be Returned to the seller immediately. (Shipped puppies should be returned within 2 days of diagnosis.) A verified letter specifically addressing the purported illness is required. This includes illness from any health condition, or viral deemed present prior to removal from seller. The seller shall Refund the purchase price of the pet within 10 business days to the buyer. Seller has made every effort to assure the puppy is healthy. Continual care items as Ear mites, parasites, coccidia, giardia, upper respiratory are not serious health problems Hernias of any type if present If the puppy is found with these conditions you must have the puppy treated at your expense.
Buyer agrees not to allow, any veterinarian on this first check up to administer any vaccine to the puppy, as it could be harmful to the puppies health if done while the puppy is under excess stress of changing homes. Buyer agrees they have educated themselves prior to purchase on over vaccination in puppies/dogs.
Viral Coverage-Puppies are easily exposed to a dog virus once they are in the public realm. Such as, but not limited to, Vets Office, Apartment dog walks, potty areas, Parks, Pets Mart, dog groomers, playing with another puppy and any other places that other dogs visit. While the puppy is started on vaccinations, in no way does this apply that the puppy is fully protected from acquiring a virus. Puppies immune systems do not start to mature (become resistant) until the age of 16 weeks, and then only with proper vaccinations.. Once the puppy leaves the seller, the seller will only accept responsibility for the first 48 hours. For such viral as Parvo, dog flu, etc., with the exception to Distemper. Distemper will be covered by the seller up to the 7th day. Should your veterinarian diagnosis your puppy with a virus with in the covered periods, contact me immediately. By phone, fax or e-mail. For the purpose of claims, the first contact day is considered the first symptom day. Do not treat until I have spoken with your veterinarian. Once I have spoken with your veterinarian, received the documentation from the veterinarian, you may return the puppy to me for a Full Refund of the purchase cost. Viral can be fatal in puppies, even with costly treatment. No one can guarantee treatment will be successful. Should you decide to retain the puppy and have your veterinarian treat the puppy, with disregard to this agreement you are releasing the seller from all financial responsibilities to you. As the seller can not be held responsible for your decisions. Seller does not pay for vet costs.
Acceptance of Animal - Buyer agrees that if they fail to have the puppy examined with in 48 business hours after arrival, the dog purchased under this agreement, buyer accepts the animal "as is".
Medical Care, Treatment , Microchip- Buyer further agrees, as part of buyer's performance under this agreement, that the dog, if not done prior, will have the puppy micro chipped at the first vet visit. The buyer understands that it is important that the breeder be able to properly ID the dog should a claim need to be made. This is the only acceptable ID. Should the buyer fail to comply the warranty is void. Continental Airlines, requires the puppy to be micro chipped. The puppy must be micro chipped prior to departure. The $35.00 fee will be billed to you through Pay Pal. and must be paid prior to the vet check. Buyer agrees to provide proper medical care including but not limited to vaccinations, annual boosters, regular de-worming and professional dog food. Buyer agrees that the dog will receive emergency care if necessary. Buyer agrees the dog will reside in the buyers residence, as a member of their home, provide adequate food, housing, and exercise for the dog. Buyer will provide grooming and training - Buyer agrees that he will groom, train, and care for the dog in a manner consistent with high quality animal husbandry practices.
Never Surrender - Buyer agrees this dog will never be surrendered to humane society, animal services, animal rescue group, or animal shelter, any breeding home or pet store. Seller will accept any dog that is unable to be cared for and shall assume ownership of, possession of, and responsibility for such animal.
Costs of Returns - Buyer agrees that should an animal purchased under this agreement be returned for any reason whatsoever, buyer accepts responsibility for and shall pay any and all transportation expenses, veterinary charges, crate fees, air freight charges, and to and from the involved airports. Should an exchange animal be agreed upon, buyer shall be responsible for any and all costs, charges, and fees associated with transportation of the exchanged dog from seller to buyer.
Restrictions against Purpose - Buyer agrees that this dog is not to be used for any purposes of research, vivisection, or breeding and shall not be sold nor given to any wholesale establishment, chain store, dog auctions, pet store, or puppy mill. Buyer agrees to have the dog spayed/neutered by the age of 1 year and understands that no registration papers will be provided until seller has received proof and verified that the dog has been sterilized. Should the pet not be sterilized by one year of age the warranty will expire at one year.
SHIPPING is a service, not a condition of sale. Any delays by the airlines due to weather, canceled flights etc.. are not terms for a refund of this purchase. Seller will make every effort to provide shipping as soon as your airline permits. If purchasing for a gift it is suggested that you choose the closest airline that Continental ships puppies to. Continental is the only temperature controlled flights and over 98% of these flights are non-stop. Once the puppy has been delivered to the airlines all further related costs are the responsibility of the buyer. This is established by the law. Seller reserves the right to delay or reschedule the flight due to emergencies beyond our control, vet says the puppy is not ready, or puppy not feeling well. These are Not a basis for a REFUND.
Continental Airlines, requires the puppy to be micro chipped. The puppy must be micro chipped prior to departure. The $35.00 fee will be billed to you through Pay Pal. and must be paid prior to the vet check.
DEPOSITS- are Non-Refundable/Transferable. The seller will not return funds on deposits. including but not limited to allergies, Landlord/Tenant, marital, adjustment problems, change of mind, neighbor does not like breed. my husband loss a client etc.
Balance of purchase price is due prior to the puppies 7th week birthday. Should the buyer fail to comply with payment.shipping costs,
The puppy will be deemed abandoned by the buyer. At which time seller shall offer the puppy to the public for sale.
Covenant not to Disparage - Buyer understands that the eventual personality and/or behaviour traits of the dog purchased under this agreement are not nor can be guaranteed. As such and knowing that any disparaging remarks against seller will result in irreparable harm. Buyer agrees to refrain from any disparaging remarks or comments whether publicly or privately made concerning seller and dogs. Buyer agrees to pay liquidated damages of five thousand dollars for each and every single disparaging remark.
You agree and understand that when purchasing a puppy you are making a lifetime commitment.
You agree that you are purchasing this puppy as a pet/companion. You understand that crosses are not showable/breedable/registered. Unless registered is stated on our website. Seller does not certify the heritage to mixes unless registered. Pet registration are provide marked limited. Papers will be provided once all warranty terms have been met including spay-neuter and the micro-chip. Breeding rights are available on some puppies for an additional fee to approved clients. Providing in writing prior to purchase. Registrations are UAB, CPR or APR
General Terms
Jurisdiction- All claims will be held in Waller County, Tx courts.
Choice of Law - The parties' to this agreement agree that law governing any and all disputes concerning this agreement or concerning the parties' performance under this agreement shall be the laws of the state of Texas.
Attorney's Fees - Should an action be brought in any court for the purported violations of the terms of this agreement, the prevailing party shall be entitled to an an additional award of reasonable attorney's fees and costs. The prevailing party shall be determined by the judge, magistrate, commissioner, or other judicial figure who presides over any such proceeding.
This agreement has been read and understood by the buyer. Buyer accepts and agrees to all terms contained in this agreement and further acknowledges receipt of a copy of this agreement.
All claim/paperwork is to be e-mailed to jjdiva@live.com
ATTN Jack Jullian Jackson
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