Health Guarantee/Contract

Subject Of Sale:

The Parties agree that above stated Puppy is sold as a family companion/pet and shall not be used for breeding. Breeding rights belong solely to Seller. Puppy will be de-sexed (sterilized) prior to delivery or sold with a Spay/Neuter contract. If not sterilized prior to delivery, sterilization is to be completed as stated below without exception. 

Health:

1) The Seller warrants the Puppy being sold, as described above of this agreement, to be in good health at the time of sale and that Puppy has received all necessary, age-appropriate vaccinations and de‐worming. The Puppy has also been examined by the Seller’s licensed veterinarian and leaves Seller’s possession with a good bill of health. 

2) Buyer shall have the Puppy examined by a licensed veterinarian within 72 hours of possession. A copy of the health exam must be sent to Breeder within 10 days or the warranty is null & void. 

1. 3)  Request to return the Puppy to Seller for a refund must be made within this 72 hour time‐period.

    

2. 4)  Seller will only accept request for a refund/return of Puppy if the said Puppy is diagnosed by a licensed veterinarian as sick upon arrival or to be in poor health or have a health issue of such nature that the quality of life will be seriously shortened or altered. 

3. a)  Seller has the right to a 2nd opinion from a licensed veterinarian at their expense.

   
   

4. b)  Seller is not responsible for veterinarian expenses incurred by Buyer

   
   

5) The Buyer will not under give any type of ORAL FLEA MEDICATION.

6) If Buyer does not meet the requirements stated above, the health warranty offered by Seller is null and void, and a replacement puppy or refund will not be offered. 

Spay & Neuter:

7) This puppy is sold as a companion pet only, not for breeding purposes. If puppy has not been sterilized prior to Buyers receipt of puppy, then it will be the Buyers responsibility to sterilize the dog/puppy at the Buyers expense before the dog/puppy is 8 months of age. Sterilization must be done by traditional spay/neuter, or ovary sparing spay or vasectomy. Buyer must provide proof of sterilization to seller within 5 days of the surgery. The sterilization proof must be emailed to Brooksidelabradoodles@gmail.com from a certified Veterinary Hospital, showing the Veterinarian's office address and phone number. The email should also state the owners name, pets name & microchip number. Puppy is not to be sold, given away or otherwise released by Owner prior to Spay/Neuter surgery. 

8) Failure to comply with the spay/neuter conditions of this contract will be considered a breach of contract and will result in the Seller reclaiming the puppy without compensation to the Buyer and/or a $10,000.00 Breeding Dog Fee will be paid from Buyer to Seller. This amount is based on the average Breeding Dog Fee of $12,800.00 minus the Puppy price already paid of 2,800.00. Buyer agrees to not resale or give puppy away prior to spay or neuter surgery, or Buyer is responsible to pay Breeder the Breeding dog price as stated above. 

Buyer fully understands above puppy has not been sterilized prior to receipt and agrees with the Spay & Neuter terms stated above.

Genetic Health Warranty Terms & Conditions:

Seller offers a 2 year Genetic Health Warranty against any incurable inherited, life threatening diseases until Puppy turns 24 months of age. This Health Warranty expires upon the Puppy’s 2nd birthday. 

Buyer:

9) Buyer agrees not to abandon or sell the Puppy to an animal shelter, Humane Society, Puppy pound, pet mill or pet store. If Buyer is unable to care for or keep puppy, they are to contact Breeder imminently for re-home assistance. 

10) The Health Warranty is only applicable to the original Buyer stated in this contract.

If Puppy has changed ownership, been sold or given away, the Health Warranty immediately becomes void. 

1. 11)  Buyer acknowledges that there is no promise (express or implied) that the Puppy will be non‐shedding or non‐allergenic.

    

2. 12)  Buyer agrees that the Puppy’s physical development is not predictable and the Seller makes no promise or warranty regarding size, color, coat appearance, proper bite, or any physical/behavioral trait. 

13) Should the Puppy be diagnosed with an inherited, life threatening disease, Buyer must: 

1. a)  Notify Seller immediately in writing.

    

2. b)  Send Seller official diagnosis & prognosis report from a licensed veterinarian, along with any records showing proof of the inherited, life threatening disease (ie: blood results, x‐rays, etc) within 3 days of diagnosis.

14) Health Warranty will be terminated immediately and void should a licensed veterinarian determine that an injury, poor health 

management/diet or mistreatment to Puppy be the cause of, or contribute to, the animals condition. 

15) Health Warranty will be terminated immediately and void if all terms & conditions in this entire contract are not met by buyer. 

Seller:

Should the Buyer meet all the above criteria and should a licensed veterinarian diagnose the Puppy, in a written report, as having an incurable life threatening, hereditary disease before the Puppy turns 24 months of age, the Seller will: 

16) Exchange the Puppy with one of equivalent and comparable quality from Sellers next available litter or refund buyer $1,400.00 should they elect to keep the puppy. Buyer to pay for any shipping/handling costs incurred for replacement puppy. 

17) Seller reserves right to 2nd opinion by licensed veterinarian of their choice. 

Statement of Agreement:

The parties agree that this Contract was made in the State of California and agree that it shall be governed by and construed in accordance with the laws of the state of California and the parties agree to submit to the jurisdiction of the courts of the State of California for any dispute arising from this Contract or transaction. Venue shall be in Sacramento County, California. Each party will bear its own costs of litigation, except for breaches of contract arising from this Contract. 

In order to validate this contract, the contract must be fully completed & signed by the Buyer the legal new owner of the Puppy described herein, as well as signed by the Seller, and delivered to Seller prior to the subject Puppy leaving Seller’s premises. The terms/conditions of the health warranty, including but not limited to replacement of Puppy or refund, will be null and void if Buyer fails to complete all material conditions, terms and requirements stated throughout this contract and health warranty. 

I, as the Buyer of the Puppy described in this Contract, do hereby declare that I have read and fully understand and agree with all the terms, conditions, and warranties contained herein. I also understand that under no circumstances shall the Seller be liable to the Buyer for consequential incidental or special damages resulting from or in manner related to the Puppy. Additionally, Buyer shall indemnify Seller from any damages to a third party related to the Puppy. 

Upon execution of this contract, all expenses related to the stated Puppy, including but not limited to, feeding, training, veterinarian expenses, are the sole and exclusive responsibility of the Buyer. 

Seller affirms that the Puppy described in this Contract of Sale and Warranty is the Puppy delivered to Buyer. Seller agrees to the terms, conditions and warranties contained herein.