2. Breeder's Representations and Health Warranties
Breeder Represents and Warrants to Buyer that:
(a) Breeder is the legal and true owner of the dog and that the Breeder has full right and authority to sell the dog.
(b) The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
(c) All puppies are checked by a licensed veterinarian and given a clean bill of health and free of communicable diseases before they leave our home. If the buyer so chooses, they have 7 days from the time that the dog is in their custody to have the dog examined by a licensed veterinarian, at Buyer's sole cost. If the dog fails the examination, Buyer may return the dog, with a written statement from the veterinarian, for a full refund (minus the deposits) or replacement puppy from a future litter. Failure by Buyer to have dog examined within the allotted time will nullify warranty. If buyer chooses to keep puppy, no replacement puppy or refund will be given, and all medical costs and treatments are the sole responsibility of the Buyer. This health guarantee is then null and void.
(d) This dog has a health guarantee of 10 years against genetic diseases relevant to Australian Shep- herds and Poodles. Genetic diseases in which this guarantee covers are Progressive Rod-Cone Degeneration, Multidrug sensitivity, Hyperuricosuria, Hereditary cataracts, Degenerative Myelopathy, Von Willebrand Disease, Neonatal Encephalopathy, Osteochondrodysplasia, Collie Eye Anomaly and Canine multifocal Retinopathy. Diagnosis of a genetic diseases must come up in a DNA test result as "AFFECTED", or holding two copies of the gene, as well as be confirmed by two separate licensed veterinarians confirming that the dog is suffering from such genetic disease(s) This dog is also warranted for 3 years against hip dysplasia (graded moderate/severe by two separate licensed veterinarians that the condition is congenital and supported by OFA or Pennhip) as well as luxating patella (grade 2 and 3) requiring surgical intervention, verified by two separate licensed veterinarians. Once it is established that the dog has a congenital disease the buyer, upon request, may get a refund on the purchase price of the puppy (minus the deposits) or receive a replacement puppy if they so choose. We understand that dogs become part of our family once in our home so if one of these conditions does come up and the buyer chooses to keep the dog instead of surrendering over to the breeder, no replacement puppy will be given and the sole responsibility of all medical costs and treatments are on the buyer.
(e) This guarantee does NOT cover Cherry eye, Entropian, Ectropian, Allergies, undescended testicles, stenotic nares, elongated soft pallet, umbilical hernia, underbites/overbites, dermatitis, demodectic mange, any form of cancer and autoimune diseases. Secondly, this guarantee does not cover Chondrodystrophy, or CDDY for short, as it is prevelant in roughly 80% of all miniature poodles in which we breed with, however it is our goal to breed away from this trait. Health guarantees/warranties will be null and void upon evidence that the dogs illness is caused by abuse, neglect, exposure to weather, injury, choking, poisoning etc. Veterinary/medical care and its associated costs are the sole exclusive responsibility of the Buyer. The breeder will NOT replace a puppy due to heat stroke, abuse, neglect, or improper socialization.
(f) Breeder has the right to have the puppy/dog examined by their veterinarian, acquire DNA testing to determine the dog/puppy's health status before issuing a refund.
(g) To ensure that Buyer does not euthanize the dog or take it to an animal shelter, Breeder will take the Dog back at any time during the dog's lifetime. Breeder will not issue a refund or provide another dog to Buyer unless the dog's return was a result of any misinterpretation on the part of Breeder with respect to the dog's health.