LIMITED HEALTH GUARANTEE
Seller agrees to make every reasonable effort to provide Purchaser with a healthy dog. A final and thorough health check will be made by a licensed veterinarian prior to transport. This health check will include, among other things, a thorough physical check and Puppy will be deemed to be in good health, free of any diseases including Parvo, Distemper and Coronavirus. A health certificate will be provided by Seller to Purchaser as part of the “puppy packet.”
Puppy will be vaccinated with the veterinary recommended standard puppy shots at the age of eight weeks, twelve weeks and sixteen weeks, and will be treated for worms, if necessary. If Puppy is sixteen weeks old when shipped, Puppy will have received its first Rabies shot. Purchaser will receive a record of all of Puppy’s shots. It is strongly recommended that Purchaser continue on a schedule of vaccinations through a licensed veterinarian. Purchaser is advised that excessive and combined vaccinations can jeopardize the health of any dog. Any shots for the Puppy should be given at least two weeks apart.
Within the first 72 hours (not counting weekends) following Puppy’s delivery to Purchaser, Purchaser shall take Puppy to a licensed veterinarian for a health check (hereafter, the “Initial Health Check”). In the unlikely event that the veterinarian diagnoses Puppy with a serious health condition during the Initial Health Check, Purchaser shall report all such health conditions to Seller within 24 hours of the Initial Health Check. To trigger the Pet Find SA LLC’s Limited Health Guarantee, Purchaser must first provide Seller with a veterinarian report, in writing, identifying the health condition of Puppy. This report must identify the microchip identification number along with Puppy’s name, and date of birth. The report must be clear and precise stating the symptoms, exact problem, how severe and what tests have been performed and/or are needed to correct the problems. The Initial Health Guarantee does NOT cover kennel cough, a cold, bloat, coccidiosis, manage, fleas, worms, ear mites, heart worm, Parvo, Coronavirus, pneumonia, bacterial infections, Distemper, Giardia Lamblia, or Lyme Disease. These are diseases that if treated, are not life threatening and do not adversely affect the health of the dog. Along with above mentioned diseases, other conditions like; Demodectic Mange, grade 1 or 2 heart murmur, grade 1 or 2 Luxating Patella, bladder stones, cherry eye, inverted eye lids as in entropion or extropion eye conditions, inverted tails, testicle descending issues can arise and are not covered by the Initial Health Guarantee. There are also issues that are considered breed specific and normal to some types of dogs. For example; Bulldogs and Neapolitan Mastiffs can develop issues such as cherry eye, entropion, loose hips, and skin allergies including Demodectic Mange. None of these conditions are considered life threatening and do NOT adversely affect the health of the dog. The veterinarians used by Seller screen for all of the above conditions and diseases prior to transport. If it is determined, at Seller’s discretion, that the health condition of Puppy identified in the veterinarian report is severe, Seller shall provide to Purchaser a replacement dog of equal or greater value, consistent with the procedure described in Section 6, below. The failure by Purchaser to
(i) obtain an Initial Health Check within this 72 hour period, or
(ii) report any serious health conditions to Seller for Seller’s consideration will result in the cancellation of the Pet Find SA LLC’s Limited Health Guarantee and void all warrantees stated in this Agreement.
In addition to the Initial Health Guarantee set forth above, Seller also agrees to provide Purchaser with a three-year limited guarantee in which Seller guarantees the health of the Puppy from any of the following covered health defects: moderate and severe hip dysplasia, moderate to severe elbow dysplasia, severe heart murmurs and cardiomyopathy (hereafter, the “Covered Health Defects”). In the event Puppy is diagnosed with any of the Covered Health Defects and Purchaser notifies Seller of such diagnosis within three years from the effective date of this Agreement, Seller shall provide to Purchaser a replacement dog of equal or greater value, consistent with the procedure described in Section 6, below. For the Three-Year Limited Guarantee to take effect, Purchaser must first provide seller with a complete copy of any autopsy or other official veterinary records and/or opinions identifying the cause of infirmary or death. The records and/or opinions must be clear and precise stating the symptoms, exact problem, how severe and what tests, if any, were performed. If the cause of illness is unknown and cannot be clearly determined by the autopsy or other official veterinary records and/or opinions provided, no warranty claim will be accepted by Seller. The Three-Year Limited Guarantee does NOT cover kennel cough, a cold, bloat, coccidiosis, manage, fleas, worms, ear mites, heart worm, Parvo, Coronavirus, pneumonia, bacterial infections, Distemper, Giardia Lamblia, or Lyme Disease. These are diseases that if treated, are not life threatening and do not adversely affect the health of the dog. Along with above mentioned diseases, other conditions like; Demodectic Mange, grade 1 or 2 heart murmur, grade 1 or 2 Luxating Patella, bladder stones, cherry eye, inverted eye lids as in entropion or extropion eye conditions, inverted tails, testicle descending issues can arise and are not covered by the Three-Year Limited Guarantee.
WAIVER OF GUARANTEESThe Initial Health Guarantee and Three-Year Limited Guarantee are null and void if any of the abovementioned conditions are not met, or if there is a change of ownership of Puppy. Purchaser waivers any health guarantees associated with this Agreement if Puppy has been physically mistreated or deprived of proper nutrition, worked or excessively exercised giving rise the injury or other defective condition. Seller is not responsible for any physical injuries sustained by Puppy while in Purchaser’s care. Seller is not responsible for Puppy if it has suffered neglect, mistreatment, or exhibits temperament faults which are the result of lack of training or abuse by Purchaser.
Replacement Dog: In the event Purchaser exercises either the Initial Health Guarantee or Three-Year Limited Guarantee, consistent with the conditions set forth in this Agreement, Purchaser will have 6 months from the date Purchaser notified Seller of the tragic event to choose a replacement dog from Seller. To exercise this right, Purchaser must notify Seller in writing and during 6 month period of desire to acquire new, replacement dog. All transportation charges incurred in connection with any replacement dog will be the sole responsibility of the Purchaser.
Third-Party Fees: Seller will not pay for any veterinarian visits, fees, services, or other bills in connection with Puppy after Puppy has been delivered to Purchaser. Purchaser understands that, in some instances, veterinarian fees can be expensive and it is highly recommended that Purchaser obtain pet insurance to cover unexpected veterinarian fees.
No Representations: Purchaser acknowledges and agrees that Puppy is being purchased as a pet only. Purchaser further acknowledges and agrees that no guarantee or representation regarding show or breeding quality of Puppy have been made by Seller. Seller does not make any claims or other representations as to adult size, weight, color, conformation or temperament of Puppy. Temperament issues can be caused by lack of training and/or socialization and are not within the control of Seller.
Care: It is expected that Purchaser will educate him/herself on the best ways to feed and care for Puppy. It is recommended that Purchaser provide Puppy with a premium dog food and not allow Puppy to become obese. Neglect or improper care by Purchaser may cause a variety of health disorders of Puppy that are not covered by the health guarantees set forth in this Agreement. Regular veterinarian care is recommended. If Purchaser has any questions concerning care for Puppy, he/she can contact Seller.
Limitation on Liability: Seller is not responsible for any damages or bodily harm caused to Purchaser or any third-party either directly or indirectly caused by Puppy.
Governing Law; Venue: Seller is a company duly organized, validly existing and in good standing under the laws of the State of Wyoming, with all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby. This Agreement was made and enforce, in part, in the State of Wyoming. Accordingly, this Agreement shall be governed in its enforcement, construction and interpretation by the laws of the State of Wyoming. The Parties agree that venue shall be in Johnson County, Wyoming, and the Parties waive all rights they may have to require venue in any other location.
Invalidity of Provisions: The unenforceability, for any reason, of any term, condition, covenant or provision of this Agreement shall neither limit nor impair the operation, validity or enforceability of any other term, condition, provision or covenant of the Agreement.
Attorneys’ Fees and Costs: In the event either party engages legal counsel, whether or not a lawsuit is actually filed, or institutes litigation between the Parties arising out of or relating to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover all costs incurred and reasonable attorneys’ fees.
Entire Agreement: This Agreement constitutes the entire agreement of the Parties hereto with respect to the transactions contemplated herein and may not be amended or modified except in a writing signed by all Parties. All prior understandings and agreements between the Parties hereto or any person affiliated with the Parties hereto with respect to the transactions contemplated herein are merged in this Agreement, which fully and completely express the Parties’ understanding with respect to the purchase of the Development Rights to the Territory.
Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute, as to the particular Agreement or document, one and the same instrument, and it shall not be necessary in making proof of this Agreement or any of the other documents delivered in connection herewith to account for more than one of such counterparts.
Non-Transferable: This Agreement is non-transferable and may only be enforced by the Purchaser.