Terms of contract and conditional guarantee
AS A SUFFICIENT INDUCEMENT TO BUYER AND IN EXCHANGE FOR THE PROMISES OF SELLER, BUYER AGREES AND ACKNOWLEDGES:
1. To have puppy examined within 72 hours of purchase by a licensed and reputable* veterinarian to validate this guarantee. If the puppy is returned due to illness, a letter from the veterinarian is required.
2. The puppy is not being purchased for resale and will never be sold or given up to a pet shop, puppy mill, animal rescue, shelter, research laboratory, or similar facility.
3. Buyer is not to register the puppy under any other Pet Registry, other than American Kennel Club (AKC). Buyer acknowledges that the puppy is sold as a pet only and with limited AKC registration and agrees to have it spayed/neutered at the age appropriate age for this breed (usually between 18-24 months).
4. To provide all annual vet exams, to continue all required vaccine shots as recommended by their vet and proper vet care. It is important the puppy has all puppy shots, and yearly boosters as well as regular worming. Failure to comply with and provide documentation of these requirements voids all guarantees.
5. To provide a life-long commitment, comfortable environment, prompt medical attention, proper grooming and responsible care, including regular exercise and ample socialization. The dog is NEVER to be kept chained, tied, or constantly outdoors. Buyer also promises to give humane care and maintenance in accordance with all current and future state, county, and municipal laws and ordinances where the Buyer resides.
6. The value of the pet for the purpose of this guarantee is solely the original purchase price of the puppy, and does not include any additional prices declared by the Buyer, such as, but not limited to value of show dog or shipping fees.
7. If at any time the Buyer can no longer retain possession of the puppy, the Seller is to be notified and given first opportunity to resume ownership of the puppy. The puppy will be returned with all AKC papers and medical records surrendering all ownership of the puppy. Should any circumstances arise that affect the quality of life of the puppy, the Seller is to be informed so that they may participate in determining the future of the puppy. The Seller reserves the right to approve/prohibit any transfer of the puppy to a third party.
8. A NON-REFUNDABLE deposit must be made in the amount of $500 (US Dollars) by cash, certified check, Money Order, Wire transfer (Zelle), or PayPal (3.5% surcharge applies), in order to reserve a puppy.
9. Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the Puppy if:
(a) Buyer fails to complete the purchase of the Puppy for any reason, or
(b) Buyer fails to pay the balance of the Purchase Price within 3 business days of the agreed purchase date.
In either event, Seller shall be free to sell the Puppy to another party.
In the event that the Puppy is not available due to sickness, death, or any other circumstance owing to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either (i) refunded, or (ii) transferred to another puppy available from the same litter or next available litter.
10. This agreement shall be governed by the laws of the State of Virginia. If for any reason litigation should occur, the venue shall lie in Botetourt County, Virginia. Seller will not be responsible for any costs associated with this process.
11. Failure to comply strictly with all of the foregoing requirements will result in termination and revocation of this Guarantee in the discretion of the Seller. Further limitations are set forth below.
LIMITATIONS OF GUARANTEE:
This guarantee is non-transferable and not subject to assignment. This guarantee is an exclusive guarantee between Seller and Buyer. The puppy must be in good physical condition. No replacement will be given if dog has been bred or abused. A licensed, reputable veterinarian must do all laboratory verifications. The Buyer is responsible for all transportation costs to and from the Seller. The Seller is not responsible for any and all veterinarian expenses accumulated on a returned or replaced dog or puppy. Seller's sole expense and thus the limit on Buyer’s damages shall be the purchase price paid by Buyer to Seller for the puppy.
THE FOLLOWING WILL VOID ALL GUARANTEES IN THE DISCRETION OF THE SELLER:
Buyer permitting the dog to be underfed or overfed at any time.
Underfed: Ribs are highly visible
Ideal Body Condition: Can feel outline of ribs. Dog has waist when viewed from above. Belly is tucked when viewed from the side.
Overfed: Dog has no waist when viewed from above. Belly is rounded when viewed from the side. (Please take into consideration how thick of coat your dog has when viewing)
Evidence of neglect or abuse.
Previous related trauma (broken bones, related injuries, etc.)
Dog has been bred (even accidentally).
Feeding this dog anything other than a premium quality dog food.
Feeding this dog any dog food with wheat, corn, soy, or by-products.
Evidence of Strenuous Exercise – for example: No treadmill, no jogging, no extensive standing on back of legs or excessive tennis ball chasing and retrieving should be done – especially on slippery floors.
AS A SUFFICIENT INDUCEMENT TO SELLER AND IN EXCHANGE FOR THE PROMISES OF BUYER, SELLER AGREES AND ACKNOWLEDGES:
1. Seller guarantees that the puppy has had proper care to date and has been checked by a veterinarian. Puppy has received its first shots and wormed. Shot records will be furnished at time of purchase. If puppy is being shipped a copy of the shots and worming records along with AKC registration documents will be sent by mail within a week (if they are in Seller's possession). If within 72 hours of receiving the puppy and he/she is examined by a reputable* veterinarian and the health of the puppy is found to be at risk due to a congenital defect (existing at birth), Buyer shall notify the Seller and provide a written statement from a licensed veterinarian describing puppy's condition and shall return, at Buyer’s expense, the puppy and papers to the Seller within three days of the examination. Seller will replace puppy or refund money at Seller’s sole election and discretion, provided puppy is in the same condition mentally and physically as when originally purchased. This does not include worms, fleas, mites, coccidia, giardia, or any other parasites as they are common in dogs and puppies.
2. The Seller guarantees that the puppy is a purebred dog, offspring of the purebred sire and purebred dam set out on the documents provided.
3. Seller is not responsible if puppy contracts a communicable disease after leaving Seller's possession.
4. Seller guarantees puppy against any congenital defect causing death of or making necessary euthanasia until one year of age.
5. Seller offers one year hip guarantee on any puppy found to have moderate or severely affected hip dysplasia. For the purpose of this provision, the puppy must have a new x-ray by reputable veterinarian to confirm the diagnosis and it must be documented by an official OFA preliminary consultation.
6. Upon receipt of a letter to Seller from a reputable veterinarian stating that in his/her opinion this condition is congenital, puppy will be replaced by a puppy of equal value OR the puppy purchase price at Seller's convenience. Seller reserves the right to have a second opinion from their veterinarian. Seller also reserves the right to acquire a DNA sample from the puppy to determine the dog or puppy as one of their lineages.
To be covered by this guarantee, the following conditions are applicable and are preconditions:
Puppy must be owned by original Buyer named in this agreement.
In the case of sudden death of puppy, Seller must receive a written notice of puppy's death from Buyer's vet, along with a necropsy report indicating cause of death.
7. Seller does not guarantee color, size, looks, championship, trainability, or temperament of any puppy.
*For purposes of this Agreement, a reputable veterinarian is one who is duly licensed by the state in which he practices and maintains an active, full-time private practice of which the care of dogs owned as pets is the most significant element of his practice.