Health Guarantee Contract

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Full Legal Name of the Buyer, Hereafter known as the Buyer:
Buyer Address:

SECTION 1 - HEALTH RECORD

- The Breeder guarantees that at the time of delivery, the puppy is in good health. All puppies have been vaccinated, dewormed, and have received age-appropriate vaccinations. The breeder will provide a record to the buyer of all vaccinations and deworming. Upon arriving, should the puppy be found to have poor health of a serious nature, the breeder will provide the buyer with a replacement puppy from another litter OR a full refund of the purchase price of the puppy.

SECTION 2 - VET CHECKUP

- The buyer is to arrange a check-up by a qualified veterinarian within 7 business days of receiving the puppy. During this initial exam should a veterinarian detect a Genetic defect threatening the life of the dog, you must contact the seller immediately. We do this with only a 7-business-day time frame to have a point of reference as to the health of the dog. Unfortunately, we cannot control how the dog is handled after it leaves our care. In the event your vet diagnoses a life-threatening genetic defect at this initial exam, you must return the puppy within 14 days of the exam with the veterinary report of the diagnosis. The buyer is responsible for returning the puppy and all papers (registration, Shot record) to the seller. In case of the death of the puppy before the initial exam, the buyer must submit a veterinarian’s necropsy report as to the cause of the death, and death must be entirely due to a congenital defect. Necropsies are generally performed at your county agricultural center for a very small fee of around $40. The buyer shall notify the breeder immediately in the event that the puppy has an illness, or does not eat well before the initial vet exam. Failure to have the initial vet check done within 7 days or to notify the breeder of illness or poor eating before the initial exam will void this warranty. The breeder shall NOT reimburse any veterinary expenses or other expenses incurred by the buyer at any time. Breeders warranty is limited to a replacement puppy, upon the immediate return (within 14 days of vet exam) of the puppy (uninjured and unharmed), its registration papers, and a written veterinarian statement that includes the complete diagnosis of the congenital life-threatening defect. Failure to produce AKC paperwork if given at the time of sale will result in this warranty being void, and no puppy will be given as a replacement. This is to prevent AKC paperwork fraud. Failure to give the breeder access to all medical records at the vet's office will result in refusal of return or replacement puppy. This is to prevent the buyer from attempting to get a replacement puppy fraudulently.

SECTION 3 - NOT COVERED

- Not covered - internal or external parasites, hernia, undescended testicles, under or overbite, injury, allergies, heat exhaustion, or hypoglycemia. These are common ailments in young puppies with immature immune systems. We do Not cover luxating patellas. Not covered is collapsing trachea. Luxating patellas can be caused by injury and overworking the joint in the first year of life. Collapsing trachea is not covered because it can be caused by injury and the use of a collar. Not covered is Leg Calve Perthes - the cause is unknown. The Buyer waives any and all liability in relation to these items listed in Section 3. Under no circumstance will the Buyer be refunded any money for any of these conditions. Coccidia, Giardia, hookworm, whipworm, or any type of parasite is NOT COVERED. We do not cover Mites or external parasites. The Buyer understands and agrees to the NOT Covered agreement.

SECTION 4 - BREEDING QUALITY NOT GUARANTEED

No dog or puppy sold with or without breeding rights is guaranteed to be breeding quality. Determining a dog's breeding quality is 100% opinion. There are things like hernias, that some breeders think are ok to breed and some think are not. Some breeders weigh all the good traits as enough to outweigh another bad trait and decide to breed even with small defects. I cannot control what one breeder will or will not consider breeding quality. The Buyer will not be refunded any money or traded back for another puppy or given a stud fee for any reason or trait found to be present in the puppy regarding this contract, including but not limited to any physical disease or defect.

SECTION 5 - HEALTH GUARANTEE ON HEREDITARY DEFECTS

- If your puppy is diagnosed with a life threatening hereditary defect, it will be replaced with one of equal value as soon as one is available. The value of the puppy being sent as replacement will be determined by the Breeder. All registration papers given to the buyer must be signed into the breeders name and returned to breeder or the guarante is void. Buyer is responsible for all transportation of puppies. Puppy must not be euthanized without prior written approval from the breeder or this guarantee is void. Text or email being considered acceptable written approval. Buyer understands that the following slight defects are not considered life threatening hereditary defect and therefore are not covered - hernia, parasites, undescended testicle, and under/over bites. Buyer understands that replacement option is only valid when health problems are attributed solely to a hereditary problem not a congenital defect (present at birth. and are not due to accident or injury. In case of death, a necropsy will be required to determine if death is due to a hereditary genetic problem in order to have the puppy replaced. Sometimes in the case of necropsy, if there is not an obvious defect, further blood testing can be done to determine cause of death. The buyer will be required to do and pay for all available tests to determine cause of death. Failure to follow the veterinarians recommended medical advice and/or treatment while the dog is in the care of the buyer will void this guarantee.

SECTION 6 - HEALTH GUARANTEE ON CONGENITAL DEFECTS

- The Buyer understands that there is a difference on hereditary and Congenital Defects. Hereditary means inherited from a parents genetic profile, and congenital means present at birth. The buyer understands that some defects can be caused hereditarily or congenital. Congenital defects can be cause by a single cell splitting trillions of times to make up a puppys body, and something goes wrong. Usually causing a structural defect. Congenital Defects do not come as an inherited trait from a parent. As a breeder we provide proper nutrition and environment to try to prevent any type of congenital defect from coming about. However, no breeder can prevent Congenital Defects from arising. A structural defect can result in a major organ not working properly. The Buyer understands that the financial cost of veterinary care to determine an type of Hereditary or Congenital Defect is the sole responsibility of the Buyer. The Seller guarantees the puppy against life threatening congenital defects. The guarantee is limited to a replacement puppy of the same value determined by the Seller, and will be given as soon as the Seller has one available. If a congenital defect is found in the Buyers puppy that is not life threatening there will be no replacement puppy given by the Seller, nor any kind of financial assistance for medications. The Buyer releases any liability regarding the puppy to the Seller and its owners. The Seller understands that they are only entitled to a replacement puppy of the same value as the puppy listed in this agreement.

SECTION 7 - VETERINARY DIAGNOSIS

- Veterinarians can have different medical opinions. Because of this - Designer Yorkies retains the right to pick a veterinarian of they’re choosing to examine the dog to confirm the diagnosis given by the Veterinarian selected by the Buyer. If the Breeder requests that the dog be taken to a specific veterinarian to confirm diagnosis - the Breeder will pay for the examination and any tests or procedures approved to be done by the Breeder.

SECTION 8 - SHIPPING

- If shipping has been approved by breeder, arrangements will be made between breeder and buyer. Puppy becomes the sole responsibility of the buyer physically and financially once the breeder delivers the puppy to transport personnel and the puppy is in their care. Once the breeder has delivered the puppy to the agreed upon transport personal the burden of delivery to owner is considered fulfilled.

SECTION 9 - FULFILLMENT OF HEALTH GUARANTEE

- This health guarantee applies only to the original owner of the puppy listed in this contract as the Buyer. The Health Guarantee is not transferrable to another owner. In the event the guarantee is needed, the puppy/dog must be returned to the Breeder with any AKC papers. A refund will not be given in any situation, only a replacement puppy as soon as one of equal value can be given. The Breeder determines the value of the replacement puppy. Shipping arrangements for an additional puppy are at the expense of the buyer, and return of the original puppy to fulfill the guarantee are also at the expense of the buyer. The Breeder may choose to refund the return shipping expense of a puppy if defect is to be found to be 100% hereditary and life-threatening to the puppy, and the Buyer is completely transparent with any and all health records, but its will be at the discretion of the Breeder.

SECTION 10 - CARE OF PUPPY

- Buyer agrees this puppy is not being bought for resale and shall be maintained and kept under the personal control of the buyer, this puppy shall be given adequate housing, food and vet care, and shall in no manner be mistreated, neglected, or allowed to roam freely. If circumstances become so that the buyer cannot keep this dog, buyer promises not to discard the dog at any shelter, humane society, or rescue group, and make every effort to place the dog in another suitable home. If the buyer is unable to find a suitable home for the dog. The dog shall be returned to the breeder.

SECTION 11 -BREEDING RIGHTS (FULL AKC)

- AKC papers are only provided to the buyer if they are purchasing breeding rights also known as “Full AKC”. If you are not interested in breeding, no papers will be provided. The breeder may provide copies of parents AKC papers to prove the puppy is from AKC purebred bloodlines. The guarantee is void if the dog has been sold as a pet but has been bred either accidentally or intentionally to any dog including dogs owned by the buyer. The buyer is to be responsible in not letting an accidental breeding regarding the puppy in this contract to occur before paying A $10,000 breeding fee. A fine of $10,000 must be paid to the breeder in the event of an accidental or purposeful breeding of the puppy aforementioned and no AKC papers will be provided after the fee is paid. This fine must be paid within 30 days of the day of notice from the Breeder via text, email, or in writing. Failure to pay within the 30 days from notice - will result in legal recourse to be filed and carried out in the county where the buyer resides. The buyer agrees to pay Filing fee’s, serving fee’s, and attorney’s fees incurred when the suit is filed at the county courthouse.

SECTION 12 - FINACIAL BURDEN OF CARE

- The buyer will assume any and all veterinarian cost and any other expenses that might be incurred in connection with my puppy and waive any cost or claim whatsoever against the Breeder. Buyer understands that full price is due when puppy is picked up or before puppy is delivered to transport personel.

SECTION 13 - NO GUARANTEE ON SIZE

- We do our best to use all the predictors of size to give you an estimated adult weight. We do not take returns on puppies or refund any money for a puppy becoming either to large or to small. Buyer agrees they will not seek any form of restitution for the puppy at adult weight.

SECTION 14 - FAILURE TO PICK UP

- Buyer agrees to pick their puppy up by 12 weeks of age unless otherwise arranged. If the puppy is not picked up at 12 weeks old or the agreed upon day, a $45 per day boarding fee will apply. The breeder has the right to sell the puppy to another person at anytime after the 1st missed pick up. The breeder can elect to move you to the waiting list or ask you to work with another breeder. You will not be refunded your waiting list payment. The breeder also has the right to deduct the $45 per day boarding fee from any monies paid to the breeder; starting the 1st calendar after the 1st time of missed pickup.

SECTION 15 - MUTUAL NON-DISPARAGEMENT

- The Buyer agrees not to make public negative statements or communications disparaging The Breeder or its agents, products, members, directors or officers. Public communications also include electronic platforms. The Seller (Including its agents, members, directors and officers) agrees not to make public negative or disparaging statements or communications about the Buyer. This clause is not violated when statements and evidence is required in response to legal proceedings in which both parties have agreed to subject themselves to resolve a dispute outside the boundaries of this contract. Including, but not limited to, evidence supplied for court filings, depositions, and hearings.

SECTION 16 - FINANCIAL RESPONSIBILITY FOR HEALTH CARE

- It is highly recommended by the Breeder to the Buyer to obtain health insurance on their puppy. We do this because veterinary costs can be high, especially to diagnose or treat an illness. We also make this recommendation because puppies have their immune systems very fresh and beginning to work on their own at 7-8 weeks old. They are susceptible to all types of viruses, parasites, and illnesses at this age. If you are seeking a diagnosis on your puppy to fulfill the health guarantee and get a replacement puppy, the health insurance may be able to cover some of those costs. Buyer is aware of this recommendation.

SECTION 17 - COUNTY OF INITIATION AND FINALIZATION

- It is deemed that this contract is initiated and finalized in Wasatch County, Utah. Any legal action brought by the Buyer or the Breeder will be preceded with a court appointed mediator. Any legal action will be ignited only in the county of initialization and finalization which is Weber County, Utah.

SECTION 18 - AGREEMENT TO TERMS

- Buyer agrees by signing below, to all the terms of this agreement included in sections 1-19. This agreement by the Buyer and the Seller is a binding contract, and is the only expressed agreement between the buyer and the Seller . I understand that I (buyer) will assume any and all veterinarian cost and any other expenses that might be incurred in connection with my puppy and waive any cost or claim whatsoever against the Breeder and its owners. I understand that full price is due when puppy is picked up or before puppy is delivered for flight. I understand that no other guarantees are meant or implied and I understand this contract is legally binding.

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