2: DEFINITION
OF CERTAIN TERMS USED HEREIN:
1. “Buyer” means the original
purchasing party of any puppy purchased from MI.Puppy.com, LLC.
2.
“Seller and/or
Breeder” refers to our individiual family here at MI.Puppy.com, LLC or Martha Habegger.
3. “Puppy” means any puppy purchased from MI.Puppy.com, LLC, which
is sometimes referred to as the “Purchased Puppy” or “Original Puppy”.
4. “Pet” is only in reference to the puppy (ies) purchased from
MI.Puppy.com, LLC as a domesticated or tamed animal that is kept as a companion and cared for affectionately.
5. “Show dog” means the standards set by organizations and registries
that qualify a dog to meet their show dog requirements.
6.
“Merchantability” means
the state of being fit for market; ready to be bought or sold.
7. “Fitness Activity Level” means
the quality level of energy and physical fitness for the purpose of being active and/or for sportsmanship.
8. “Reputable Licensed Veterinarian” means a licensed veterinarian who is compliant
with their states board of veterinarians and does not have discrepancies with their licensing and/or practice.
Also referred to as “Veterinarian”.
9.
“Implied Warranty”
is a warranty not stated explicitly by the seller of merchandise or real property but presumed
for reasons of commercial or legal custom.
10. “Guarantee” also
referred to as “Lifetime Guarantee” means the terms and conditions listed in this and only this
Health Guarantee.
11. “Equivalent Value” means the dollar amount value equivalent
to that of the puppy(ies) purchased and not anything beyond.
12. “Negligence” means
the failure to exercise the degree of care that is required for the overall protection and quality health of the puppy.
13. “Genetic Loss” means the loss of the puppy in the event of death due to
genetic or hereditary defects.
14. “OFA” is the ©Orthopedic Foundation for Animals.
15. “Registration Papers” is a certificate attesting to the fact that
the puppy has been registered; information is specific to said puppy.
16. “Congenital Defect” means
a defect that is present only at birth.
17. “Genetic Defect” means a disease or
disorder that is inherited genetically.
18. “Life-threatening” means a deadly threat
to the puppy’s health that would make it impossible to maintain the actual life of the puppy.
19.
“Growth Period” is the
stage of development in which the puppy has fully matured into adulthood.
20.
“Timely Vaccinations” means
falling within a prescribed time as recommended by a reputable veterinarian in which vaccines are to be administered.
21. “Over Exercised” means running or jumping or any other strenuous activities which could pose a threat to the puppy’s health.
3: ACKNOWLEDGEMENT:
3a:
The Buyer acknowledges that they are aware of the terms listed in this Health Guarantee and that this guarantee shall
apply to any and all puppy(s) that are purchased from MI.Puppy.com, LLC.
3b: The Buyer also acknowledges that any and all puppy’s
purchased from MI.Puppy.com, LLC are sold solely for the purpose of being a pet and no guarantee is made to the disposition,
size, weight, color, markings, conformation, temperament and breeding ability of the puppy; nor is there any guarantee to
the puppy meeting “show dog” requirements. In addition, the Seller disclaims any and all implied
warranties of merchantability and/or fitness activity level. The Seller is not responsible for photographical
or typographical errors.
3c: The Buyer is required to have the purchased puppy examined by a reputable
licensed veterinarian within two (2) business days of receiving the puppy. We, the Seller, must receive
documentation of the examination results within two (2) business days from the date of the examination results via fax, mail
or email only. Phone calls or voicemails will not be sufficient for proper documentation. Failure
to comply will render this guarantee void.
3d:
Upon receipt of the puppy, the Buyer is responsible for the continued healthcare and future well being of the puppy.
This includes, but is not limited to: all immunizations and exams that are either recommended at
purchase or by that of your reputable veterinarian as part of their continued health plan, which would also include necessary
medications and follow up treatments from veterinarian visits. Receipts and records with specific dates
verifying the continuation of your puppy’s maintenance must be available in order for this guarantee to remain in effect.
Failure of the Buyer to provide puppy with timely vaccinations and regular veterinarian care will void this guarantee.
3e:
In the event of an unlikely death of the puppy due to signs of negligence this guarantee will be rendered void immediately.
3f: In the event of litigation in connection with this Guarantee,
the Seller shall be paid reasonable attorney fees by the Buyer. Venue and jurisdiction for litigation arising
out of or in relation to this Guarantee shall lie exclusively in the County/State of the Seller’s current location at
time of litigation.
3g: This Guarantee is non-transferable and
it is further understood that no warranty or representation outside of this Guarantee has been made.
4: GENETIC
and/or HEREDITARY DISEASES:
4a: In the unlikely event of death of the puppy within one (1)
year from its date of birth due to genetic loss, the Seller shall replace the puppy with another puppy of equivalent value
at no cost to the Buyer within 160 days from the date of notification of the puppy’s death. All conditions in this guarantee shall apply.
4b:
In the event of death of the puppy after the first year of birth due to genetic loss, the
Seller shall issue a credit in the amount of 55% of the original cost of the puppy to be replaced towards the purchase of
a replacement puppy of equivalent value from MI.Puppy.com, LLC within 160 days from the date the Seller is notified of the
original puppy’s death. All
conditions in this guarantee shall apply.
4c: If the Buyer
declines the replacement puppy as mentioned in paragraph 4a and 4b, the Seller shall be under no further obligation and it
will be deemed that the Buyer has released the Seller from all further claims.
4d:
4d:
In the case of severe hip and/or elbow dysplasia the radiograph must be permanently identified in the film emulsion
with: the puppy’s registered name and/or number, name of the veterinarian and hospital processing
the film, date radiograph was taken. In addition, the radiograph and report must meet the OFA’s standard
submission requirements.
5: DEPOSITS, FEES, RETURNS, REGISTRATION &
SHIPPING
5a: The value of the puppy for the purpose of this Guarantee is solely the original purchase
price of the puppy and does not include shipping costs, health certificate, shipping crate or any additional costs incurred
or declared by the Buyer.
5b: Registration papers will be sent along with the puppy (if applicable); otherwise they
will be sent via mail which could take up to six months. Documentation regarding the puppy’s current
vaccinations and/or medications will be provided at the time of sale and/or sent with the puppy. In the
event this Guarantee is exercised the registration papers must be returned to the Seller. No replacement
puppy will be given if the registration application form has expired and/or is not filed with the registry organization within
the first year.
5c:
A Deposit of 25% the purchase price of a puppy is required to reserve a puppy for the period of 30 days.
Final payment for the puppy must be received after the 30th day otherwise the sale of the puppy will be
deemed canceled and no refund of the full deposit shall be given.
5d: An administrative fee of 35% shall be retained by the Seller
should the Buyer cancel the purchase of the puppy at anytime during the course of the transaction. This
fee is to reimburse the Seller for any out-of-pocket costs and overhead expenses associated with the transaction.
The Seller reserves the entitlement to cancel sale at any time during the course of the transaction.
5e: The Seller
will not accept any returns of puppy for any monetary reasons including but not limited to: the Buyer’s
health, marital situation, landlord/tenant conflicts, adjustment problems, etc… If the Buyer chooses
to return the puppy, they do so as a surrendering basis only with no refund or credit given.
5f: Generally the
puppy will ship within 7 – 10 business day. The puppy must be at least 8 weeks or when the breeder
and the breeder’s veterinarian establish the puppy is able to leave. A puppy must be fully weaned
from the dam, eating well on their own, at a good weight and in excellent health before they are sent. The
breeder may decide to wait until the puppy is older if in the best interest of the puppy. Some breeds the
puppy may be allowed to leave at 6 weeks but this is not for all breeds and not recommended.
5f: The puppy will
have a full physical exam from a reputable licensed veterinarian prior to being sent to you. This is when
the puppy would receive their health certificate stating they are found healthy and able to leave, this is required before
the puppy can be sent to you. You will receive the puppy’s health certificate along with you puppy’s
vaccination records at the time your puppy arrives.
5g: Buyer is aware that as a pet owner of the puppy that this
can involve frequent visits to the veterinarian and that the Buyer is solely responsible for all costs. This
guarantee does not cover any medication or veterinarian costs including but not limited to:
- Intestinal parasites (coccidios, giardia, tapeworms, hookworms, roundworms), Kennel cough, skin and/or
ear mites, Cherry eye, allergies and Inguinal, Perineal, or Diaphragmatic Herniation.
- Low blood sugar (hypoglycemia) and or any other non-life threatening illnesses common
to puppies or able to be treated with medication.
5h: This guarantee does not cover any veterinarian costs associated with the spaying or neutering of
the puppy, including undescended testicles.
7: English bulldog Limitation Liability
7a:
English Bulldogs are covered for a period of only one (1) year from the original date of purchase. During
which time this Guarantee does not cover what is considered to be normal with the breed, including but not limited to:
Heat Sensitivity, Cherry Eye and/or Cataract, Eyes Aberrant cilia/Distichiasis, Keratitis sicca/ Keratoconjunctivitis
sicca, Persistent pupillary membrane, Entropion and/or Ectropion, Loose Hips, Skin Allergies and/or Skin Acne, Demodicosis,
Fold Dermatitis, Folliculitis, Muzzle Pyoderma, Pod dermatitis, Elbow Dysplasia, Elbow Subluxation, Fragmented Coronoid, Mouth
& Jaw Abnormal Dentition, Cleft Lip and/or Palate, Elongated Soft Palate, Small Trachea, Skeletal System
Parosteitis, Short Skull, Short Tail, Hip Dysplasia, Spinal Bifida, Hemivertebra, Reproductive Vaginal Hyperplasia, Dystopia,
Hypoplasia of Trachea, Respiratory Stenotic Nares, Mitral valve defects, Ciculatory Arteriovenous fistula, Von Willebrand's
disease, Mitral valve defects, Pulmonic and/or Pyloric stenosis, Miscellaneous Hypothyroidism, Hydrocephalus, Oligodendroglioma,
Brachycephalic Upper-Airway Syndrome.
8:
ADDITIONAL CONDITIONS OF GUARANTEE
The Seller defines “Lifetime” herein
as a period of ten (10) years from the puppy’s date of birth. The following conditions must be met
or this guarantee shall be void: The puppy in its adult stage must be in good physical condition.
In the unlikely event the puppy is found to have a congenital or genetic defect that is life-threatening, a statement
from two (2) different reputable licensed veterinarians confirming the diagnosis is required before approaching the Seller.
The Seller may require the third opinion from a reputable licensed veterinarian of the Seller’s choosing to ensure
appropriate diagnosis of the possible defect. No replacement will be given if the female has been bred.
All laboratory verifications must be done by a licensed Doctor of Veterinarian Medicine. No replacement
will be given if breeds that are prone to hip dysplasia are overweight or over exercised. Puppies must
not be over exercised during their growth period. Temperament, training, socialization and/or discipline
issues are not covered by this guarantee. The Buyer is responsible for all shipping and transportation
costs to and/or from the Seller or Breeder. This contract is not valid outside of the United States.
ACCEPTANCE
By purchasing
a puppy from MI.Puppy.com, LLC you state to have read and agreed to the terms listed in this guarantee.
