TERMS AND CONDITIONS
Deposit, Payment of Purchase Price, Fees
Buyer has paid a reservation fee of $300 and the remaining balance of $1,500 is due upon release of the puppy to the buyer. The estimated pick up date is 5/22/2021 or such date that both parties mutually agree. Payment of the balance may be made by cash or with the mobile Cash App.
Buyer acknowledges and agrees that Buyer will forfeit reservation fee and any rights to the dog 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 10 days of the agreed pick up 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 the Seller, Buyer's reservation fee will, at Buyer's option, be refunded or transferred to a future litter of puppies.
HEALTH GUARANTEE
All vaccines must be administered by a licensed veterinarian ONLY; otherwise this health warranty is void. Breeder holds the right to have the puppy re-examined by its veterinarian to validate any diagnosis. Any vet expenses incurred by Buyer will not be refunded. Breeder guarantees against death from fatal viruses for seventy-two (72) hours after Buyer takes possession, including, but not limited to PARVO, DISTEMPER, and CORONA. Buyer does not provide any guarantee or warranty that the puppy will not contract any fatal viruses after seventy-two (72) hours after Buyer takes possession. Breeder does not guarantee that the puppy will never develop any health problems.
Worms: Breeder will use standard industry practices to protect and treat the puppy for worms prior to Buyer taking possession, but Breeder does not guarantee or warrant that the puppy will be free from worms and parasites. Buyer’s licensed veterinarian should perform routine stool sample checks at each visit in order to ensure Buyer has effectively treated the puppy long enough to break the continuing cycle. Even though the puppy’s stools may be negative for parasites and worms at Breeder’s veterinarian, it is possible for the puppy to become infected again due to the stress of moving.
Guarantee: Breeder guarantees the puppy from hip dysplasia, elbow dysplasia, eye conditions that are genetic in origin, Von Willabrand's Disease, and genetic heart disorders that are serious enough to require treatment, until twenty-four (24) months of age. If the puppy is diagnosed by OFA (or other accredited certifier) as being severely dysplastic on or before twenty-four (24) months of age, Buyer must submit a copy of the OFA report to Breeder. A veterinarian cannot make the diagnosis. The diagnosis must be made by OFA, Penn Hip, or other accredited hip specialist certifiers and the puppy must be sedated for the radiograph to be taken.
Life Threatening Defects: If Buyer’s licensed veterinarian determines that the puppy has a life threatening hereditary defect as stated above, Buyer must notify Breeder of the defect in writing within twenty-four (24) hours of the determination. A statement setting forth such defect from Buyer’s diagnosing veterinarian, on the veterinarian's letterhead, must be forwarded to Breeder within seventy-two (72) hours of such determination. Breeder reserves the right to have the puppy examined by a veterinarian of Breeder’s choice to validate any diagnosis of life threatening hereditary diseases at Breeder’s expense; all other veterinary and transportation expenses are Buyer’s obligation. If Breeder’s veterinarian verifies the life threatening defect in accordance with the above provisions, Breeder will reimburse Buyer for veterinary expenses related to the defect up to the purchase price of the puppy if Buyer retains ownership of the puppy. Any shipping fees will not be refunded.
Breeder will not replace or refund the purchase price for any puppy for any personal reasons, including but not limited to, allergies, mortality, landlord’s disapproval, family disagreement or any other problems not related to the puppy’s health.
Breeder will not replace or refund the purchase price for any puppy for illness caused by neglect, exposure to weather, injury, choking, poisoning, or any illness or injury caused by Buyer’s neglect or intentional harm to the puppy. This warranty does not extend to viral illnesses, infections, improper bites, hernias, patella luxation, cancer, retained testicles, food allergies, minor heart murmurs (level 1 or 2), thyroid issues, Guardia or Coccidosis. The warranty does not extend to any illness due to the ingestion of foreign objects, food, chemicals, physical injury or issues whose cause is unknown or may have an environmental link. These are not considered life threatening diseases. The Breeder does not guarantee against unknown defective genes that do not produce an illness within the guarantee period. This guarantee excludes conditions that arise from obesity or senior ailments, including but not limited to blindness and diabetes. Once Buyer takes possession of the puppy, Buyer assumes all responsibility for the puppy. Breeder does not guarantee against common puppy issues, including but not limited to coccidia, which can be caused by stress, worms, Guardia, ear mites or kennel cough. These are common puppy ailments and can easily be treated. It is the Buyer’s responsibility to continue any needed treatments and have the puppy checked for parasites on a regular basis. No guarantee is given for hypoglycemia (low blood sugar) which is preventable, training difficulties or behavior problems.
Note: Breeder cannot guarantee size or temperament of the puppy. Breeder can only estimate the size based on weight and the size of the parents. Puppies could grow larger or stay smaller than projected size. Breeder does not guarantee color, coat quality, amount of shedding, reproductive capability or lifespan of puppy. This puppy is PET quality only.
Public Exposure: Buyer may be tempted to rush the puppy to the pet store, parks and other public areas to show off the puppy. Until they have received all vaccines and rabies, the Buyer shall not expose the puppy to unnecessary risks, including allowing people or animals who may be carrying disease or bacteria to touch the puppy. Public exposure, including exposure as described above, prior to the puppy completing necessary vaccines will void this health warranty.
Reproduction: Any dog that has sired or whelped one or more pups is no longer covered under this guarantee.
Changing Possession: If at any time Buyer can no longer retain possession of the puppy, the Breeder is to be contacted and the puppy must be returned to Breeder with their veterinarian records and all paperwork issued for the dog, including any registration documents. The Breeder will take the puppy to a vet of their choice to have the puppy examined and ensure the puppy is up tp date on all vaccinations and heart worm medicine. Once the Breeder has found the puppy a new home the original owner will receive a refund minus the non refundable reservation fee and any vet fees.
Conditions of guarantee and agreement are as follows: This guarantee is non-transferable. If the puppy has been sold or possession of the puppy is otherwise transferred by Buyer, the health guarantee and warranty become void. All veterinary costs are the Buyer’s expense. If the puppy has been physically injured or abused in any manner, whether by accident, negligence or intentionally, this guarantee is void.
Buyer agrees to maintain the puppy in good health through certified Alternative or Traditional methods. The puppy must be kept current on all vaccinations. Vaccines must be no less than three weeks apart and no more than four weeks apart for a series of three and should not begin until the puppy is at least 7 weeks old. Rabies vaccines cannot be administered before 16 weeks of age and should be delayed as long as allowable by law. Routine preventative health care includes inoculation, safe parasitic control and necessary medication or holistic modalities. Monthly heartworm, flea, and tick preventative is required. Failure to use monthly heartworm preventative automatically voids the warranty and guarantee. Copies of these records are required to be submitted to Breeder if Buyer is requesting reimbursement. This health guarantee and warranty is void if the puppy has not been given necessary vaccinations, regular heart worm preventative, or is housed in an outdoor kennel. The puppy must be housed indoors. Buyer agrees to keep records indicating that the puppy was fed high quality food. Failure to abide by these terms will void this guarantee and warranty.
If the puppy should die from a congenital defect before reaching the age of twenty-four (24) months, a necropsy must be performed, at Buyer’s expense, by an accredited institution set up to do such exams, such as Texas A&M University, and the report must accompany the request for a refund. Autopsies done by a local veterinarian are not accepted. Buyer will pay all expenses, including shipping and veterinary expenses, for the necropsy, and these expenses will not be refunded. All registration documents provided to Buyer must be returned. If the necropsy determines that a congenital defect is the cause of death, Breeder will provide another puppy of equal value to the Buyer or refund the purchase price of the puppy.
All purchase agreements and spay/neuter contracts must be signed and returned to Breeder prior to Buyer taking possession of the puppy. Failure to deliver all such agreements and contracts will void this health guarantee and warranty. All certificates of spay/neuter must be provided to Breeder by the end of the 18th month following the puppy’s birth. Failure to provide the certificate will void this health guarantee and legal action may be taken against Buyer.
Signature: This Agreement has been entered into by the Breeder and Buyer in the State of Texas and the laws of the State of Texas shall determine all questions pertaining to the construction and validity of this Agreement. The parties involved agree that this Agreement has been executed in Milam County, Texas. Any actions relating to the puppy or this agreement shall be brought only in a court of law in Milam County, Texas. If Buyer defaults on its obligations under this Agreement, which default results in expenditure of attorney’s fees and/or court costs, to enforce the terms of this agreement or to recover damages for breach of this Agreement, or to defend against a lawsuit brought by the Buyer and the Breeder prevails, then the Breeder shall receive payment for all reasonable and necessary costs in anticipation and preparation for litigation; including, but not limited to, attorney’s fees and court costs.
It is mutually understood and agreed that all terms and agreements in this Agreement shall be extended to and be binding upon any heirs, executors, administrators, successors, and personal representatives of the respective parties and/or their assigns.
No warranties or guarantees, expressed or implied, are made under this Agreement except as expressly stated.
I, AS THE BUYER, OR HIS/HER REPRESENTATIVE, HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE WARRANTY/GUARANTEE. Acceptance of a puppy or puppies is acceptance of this Agreement.
The Undersigned Buyer has read the above conditions and agrees to strictly abide by them.