Puppy Contract
(Breeder/seller) and (Puppy Buyer(s) agree to described puppy:
It is very important to us that we follow the best practices in breeding. Our Responsibility as Your Breeder: Your puppy will come from parent dogs that have been well cared for and health tested for an optimal match in breeding. Your puppy will be fed high-quality nutrition, raised inside a loving home, well-socialized to many different sounds, textures, positions, car rides, people, and other dogs. We begin crate training your puppy, (please note it is normal for your puppy to have accidents when arriving at a new home.) Your puppy will begin early neurological Stimulation at 3-16 days old. Your Puppy will leave us with a fecal vet exam, medical record, and deworming. By request, an as a courtesy we can ship puppies to the airport of your choice for and additional cost that includes a crate and bowls, Health Certificate, fuel, and flight cost or by a puppy nanny who flies with your puppy. This breed is generally very healthy with a wonderful disposition! We make every effort to provide accurate up-to-date information about the dog's size, gender, date of birth, color, height, temperament, health, registration details.
A.) Planned Litters are subject to change, (we as breeders try very hard to make sure litters arrive as planned, but many factors can hinder these plans.) Since deposits are non-refundable seller may offer a switch to another available litter. B.) We cannot guarantee Size, gender, coat type, or color preferences. You may switch to any other available litters from Taylormade kennels as long you have not chosen your puppy and you will not lose your deposit. NOTE: Buyer will be subject to the price of the new litter if changing to another litter or puppy.
Once you have CHOSEN your puppy the deposit will no longer be able to switch to another puppy, unless your puppy has a health defect as determined by Breeder/sellers vet. If you want to switch to another puppy for any reason you will forfeit your deposit and you will need to submit a new deposit to reserve a different puppy than was previously chosen. The puppy price is subject to the timeframe of the new deposit. C.) Prices are Subject to change. D.)Seller reserves 1st pick of every litter and the right to keep any puppy, for any reason. Seller reserves the right to repossess a puppy and refund purchase price minus deposit in the event buyer violates the contract.
B.) Deposits: $500 non-refundable deposit will hold your puppy; this is included in your purchase price. DEPOSIT: The deposit will only hold one puppy or one spot on our waitlist. If you have placed more than one deposit with us you will have reserved two puppies, and if you only purchase one puppy then the 2nd deposit will not be applied to the purchase of the first puppy. You will have 2 years from the time that the 1st puppy was purchased to use your deposit on a 2nd puppy or the 2nd deposit will be forfeited.F.) Payment: If you have reserved and chosen a puppy, full payment is due 5 Calender days after you have chosen your puppy. If remaining balance of the Puppy invoice is not paid in full by your due date, a late-fee of $150 will be charged. Late fee and Balance will need to be paid 5 days after fee was applied or failure to make payment implies consent to forfeit your puppy. Your non-refundable deposit will be retained.
C.)To avoid stomach upset in your puppy during the stress of moving to a new home, you must also purchase your puppy’s food through the website link the breeder has provided 10 days BEFORE puppy goes home, unless otherwise indicated and approved by the Breeder/Seller.
Health Guarantee: Your Obligations
YOU MUST FULFILL THESE OBLIGATIONS, AS EXPLAINED HEREIN, OR THIS HEALTH GUARANTEE WILL TERMINATE AND BECOME NULL AND VOID.
a.) Breeder/Seller offers a two year health guarantee in the event of a life threatening or Life Shortening genetic defect. You must keep your puppy on PawTree Holistic food during the health guarantee period. If within two (2) years of the dog’s birthdate, the dog is found to have a genetic life-threatening/shortening defect. b.) The puppy purchase price will be refunded or puppy will be replaced with another puppy, when available at breeder’s discretion, for the original purchase price, same sex, and type of dog, not including shipping costs, and health certificate, veterinarian costs, shipping crate or any additional costs or expenses incurred or asserted by Buyer in connection with the puppy. c.) Genetic Defect must be proved by a veterinarian, with a 2nd opinion by a veterinarian of breeders choice at owner’s expense. d.) Unknown causes of death will not be guaranteed even with a vet suspicion of the cause, the cause must be proven. e.) Guarantee does not cover Parvo, vet bills, parasites, Accidental death, life-threatening Injuries, neglect or abuse. f.) Since seller/breeder has no control of puppy’s environment or lifestyle once it leaves the kennel, all health issues will be the responsibility of the puppy buyer. g.) We do not cover fixable defects that do not shorten life such as but not limited to underbites, umbilical hernias, cherry eye, undescended testicles. h.) We do not guarantee any physical problem that is known to the buyer before you purchase the puppy.) Breeder cannot guarantee size on your puppy. Breeder does chart growth and best estimate on size, but these are only best guesses. i.) These puppies are sold as pets only and not as breeding dogs. Breeder/seller reserves the right to sue, and/or repossess to dog for damages for a dog used for breeding purposes without breeder’s written consent. j.) We do not cover injury by vaccines. Vaccines are known to have risk and buyer assumes all risk caused by vaccines after the puppy is in buyer’s care, consider having your veterinarian titer test your puppy for immunity before vaccinating. We do not cover side effects or reactions to medication. k.) Breeder will be held harmless for any punitive damages caused by the dog after the dog has been transferred to the buyer, such as but not limited to aggression, loss, or health issues pertaining to the dog, these issues are the sole responsibility of the buyer.
Note: Golden Retrievers are prone to hip dysplasia, Buyer agrees not to over-feed or over-exercise your dog and, regardless of breed, do not over-exercise your dog during his or her growth period.
Extended Health guarantee: We want every puppy to enjoy a happy and healthy life! Nutrition is such an important factor to the health, longevity, and quality of life of your dog. The breeder offers an option to extend Heath guarantee from 2 to 5-years. The 5-year guarantee is ONLY available for the buyer who keeps a regular monthly to quarterly EZship with PawTree holistic nutrition system for two years without cancellation of the EZship. EZship or PawClub membership as it is also called can always be adjusted and moved as needed for your dog. Buyer agrees to notify seller before canceling final EZship. Seller is notified by PawTree when an EZship membership is canceled and this will void the extended health guarantee.
Parasites: Seller takes preventative measures against parasites and does not cover parasites in the health guarantee. Parasites are very common and can be contracted anywhere, or live in the puppy's gut, it is the buyer's responsibility to continue treatment of parasites at buyers expense, WE DO NOT COVER VETERINARY COSTS OR BILLS after your puppy leaves our kennel, we highly recommend buyers sign up for a Pet Insurance if there are concerns about paying for veterinary costs.
If your Veterinarian determines you did not received your puppy in a healthy condition, at the breeders discretion, the puppy will be returned and replaced with another available puppy of similar sex and type OR the puppy will be returned and a refund will be given for the full original purchase price of the puppy. Buyer must notify breeder within 7 colander days that the puppy did not arrive healthy. Costs of shipping a returned puppy home is negoiable between breeder and buyer.
3. Veterinary Costs: veterinary costs are not covered by Breeder/seller.
6. Buyer Acknowledgements: Buyer is to provide proper medical care and proper feeding, (do not overfeed your puppy, always follow feeding guidelines and weigh your puppy regularly to ensure the proper amount of food is being fed). Do not allow extreme jumping, run long distances on a leash, or bike with your puppy before 2 years old, this could cause health problems for your puppy including injury or . Do provide fresh water for your puppy at all times. Purchaser is aware that owning a puppy can be a large financial responsibility and that he/she will be responsible for all costs associated with all veterinarian visits, such as but not limited to any veterinarian costs associated with illness, worming, parasites, spaying or neutering, including undescended testes. We recommend waiting until the puppy is 1 year of age before spaying or neutering because studies show less risk of cancer and hip dysplasia. Failure of the Purchaser to provide puppy with regular veterinary care will void this Health Guarantee. Purchasers should follow a recommended nutritional program, including feeding only premium dog foods and vitamin supplements. All dogs should not be over exercised during their growth period. Breeder sells pets for companion purposes only. If your dog is bred, this Health Guarantee shall terminate and become null and void. Temperament issues are not covered under this Health Guarantee as they can be caused by a number of factors outside control of Seller or the breeder including, without limitation, lack of training, discipline or proper dog socialization. The owner/buyer is responsible for all transportation costs to and from the Seller.
*Seller reserves the right to refuse purchase of a puppy for any reason.
7. Puppy Value: The value of the puppy for purposes of this Health Guarantee is limited to the Purchase Price of the puppy, and does not include taxes, shipping, health certificate and veterinarian costs, shipping crate or any additional costs or expenses incurred or asserted by the Purchaser/buyer.
8. Photo Rights: We love to receive pictures and testimonials of your puppy! If you send Breeder pictures, Buyer hereby authorizes copyrights to breeder and photos can be used on our website and social media outlets. We truly appreciate your correspondence!
9. No Monetary Returns: Breeder will not accept any returns of the puppy for monetary refund for any reason including, without limitation, allergies, landlord/tenant restrictions, marital issues, puppy adjustment problems or any other reason. If buyer must return the puppy for any reason, it will be on a surrender basis only with no refund or credit. Buyer and Breeder can negogiate all costs associated with transport back to the breeder. Upon any such surrender, breeder shall use commercially reasonable efforts to find a new home for the puppy through Breeder’s rehoming program.
10. Puppy Surrender: Breeder retains first right of refusal, if Buyer cannot keep puppy, the buyer agrees to contact breeder first before rehoming the puppy. Breeder will always allow a puppy from our kennel to be returned without judgement or criticism. We realize that life has unexpected things come up and we would never want a puppy from us to be in an Animal Shelter. We will lovingly accept a surrendered puppy and appreciate our buyer for the time, expense, sadness, and sacrifice it takes to make a decision to return their fur baby.
11. Cancellation by Buyer: Until such time as Buyer has received confirmation from breeder about the date upon which the puppy will be delivered, buyer may cancel purchase of the puppy by notifying Breeder. In the event buyer cancels the purchase, buyer understands and agrees that the deposit of $500 will be retained by breeder.
12. Shipping: As soon as the puppy is ready for travel, the puppy will typically ship after 8 weeks of age, but occasionally a puppy may need additional time with its breeder before shipping. The final determination of the shipping date for the puppy is made by the puppy's breeder and the breeder's veterinarian, with the health of the puppy being the primary determining factor. Occasionally there may be delays for numerous reasons including, but not limited to, weather, temperature restrictions, logistics, mechanical failure or other unforeseen events. Breeder shall not be liable, directly or indirectly, for any delays including, without limitation, those that may cause Purchaser inconvenience or financial loss, nor shall any delay be a valid cause for cancellation of Buyer’s purchase of the puppy. Buyer understands and agrees that no refund shall be provided by Breeder due to any airline/airport delays or cancellations of the puppy's flight, whether such travel is domestic or international. Buyer is responsible for any and all costs associated with travel of puppy and is solely responsible for any required documentation, health reports, or vaccinations that may be necessary to transport the puppy into any country other than the United States.
13. Agreement to Mandatory Individual Arbitration. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, BUYER AND SELLER AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. PURCHASER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, PURCHASER AND SELLER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION. THE PURCHASER AND SELLER FURTHER AGREE AS FOLLOWS:
14. This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between Buyer and Seller, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Buyer's relationship with Seller; and (4) claims that are currently the subject of purported class action litigation in which Purchaser is not a member of a certified class.
14. Purchaser and Seller hereby agree that Small Claims Court and the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Buyer and Seller agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org. 15. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, BUYER AND SELLER ONLY ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS BUYER AND SELLER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
16. Buyer and Seller each are responsible for their respective costs relating to counsel, experts, and witnesses.
17. If Buyer or Seller fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
18. Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Utah County, Utah.
19. Choice of Law: The Agreement, and any claim, controversy or dispute arising under or related to the Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the Breeder/Sellers Residence, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.
20. Severability. If any provision or provisions of this Agreement is held to be illegal, invalid or unenforceable under applicable law by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired thereby.
21. Entire Agreement. This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale. A deposit put on a puppy conveys that all parties, seller, and buyer, agree to the above terms and conditions. Any changes to this contract must be given in writing a signed by both buyer and Breeder.