Contract and Pet Warranty
THIS AGREEMENT IS BETWEEN THE FOLLOWING PARTIES: SELLER AND BUYER
Legendary Labradoodles, LLC
P. O. Box
Plano, TX 75093
DESCRIPTION OF DOG/ PUPPY
The Dog sold pursuant to the terms of this agreement is a Multigen Australian Labradoodle understood to be companion pet only and not sold as a breeding prospect. Dog has been de-sexed before delivery to Buyer and certificate of spay/ neuter will be provided to Buyer upon transfer of possession OR Dog will be sold with a separate Spay/ Neuter contract. Dog has been registered with the ALAA (Australian Labradoodle Association of America) and the following information identifies this dog:
Seller warrants that the Dog is in good health at the time of delivery to Buyer, to the best of Seller's knowledge and belief. Seller assumes no liability for injury of Dog during or after transport to Seller. Seller warrants that, to the best of Seller's knowledge and belief, the Dog is in good genetic health. This genetic health warranty extends for two years from the date of birth of the Dog.
Buyer has THREE (3) days from the time of receipt of Dog to request returning Dog for a full refund. Any request to return the Dog to the Seller for a full refund must be made within this time period and may only be requested if the Dog has been examined by a veterinarian and found to have a health issue of such serious nature that the quality of life of the Dog will be shortened or seriously altered.
Minor health ailments including, but not limited to, fleas, worms, or stress induced diarrhea due to the Dog's transition from the Seller are not reason for the Dog to be returned to Seller. Proof of a pre-existing condition that requires minor treatment and will not alter or shorten the Dog's life will be reason for Seller to reimburse the Buyer for the expenses associated with medications treating that ailment/ condition. A vet report must accompany this request. The parties agree that vet fees for exam and diagnosis are not refundable.
Any issue requiring surgical treatment will require three independent veterinary reports stating the nature of the issue and recommended surgical treatment. One of these vet reports will be vet of Sellers choice. Reports must be provided to Seller before any agreement to refund money is provided. Proof of examination and diagnosis of serious health issue must be provided to Seller and Seller's vet should Buyer wish to request returning dog for a full refund. Shipping fees for returning a Dog are the Buyer's responsibility.
In order for reimbursement of fees, Buyer must have Seller's pre-approval for reimbursement of treatment PRIOR to Dog's treatment.
In the event that Dog is diagnosed, within the warranty period, with early onset of a genetic disorder that is a serious life-altering condition, Seller will reimburse Buyer the veterinary costs for treatment of that condition up to the purchase price of the Dog, if Dog is kept by Buyer, OR provide an additional Dog to buyer for $1,250.00 from an agreed upon litter with availability. Three independent veterinary examinations and reviews must be provided to Seller documenting the genetic disorder. One of the vet reports will be Seller's choice of vet. Reimbursement of veterinary fees is provided to Buyer upon receipt of the medical reports. Reports must state the treatments provided, and fees for the treatments. Seller will only reimburse for fees directly related to the genetic disorder or condition. Seller will not be held responsible for the development of faults, diseases, or disorders that are the direct result of environmental factors or Buyers negligence.
Buyer has been provided with information regarding the potential risks of vaccinations.
Health issues that are the result of vaccinations including, but not limited to: sarcomas, tumors, auto-immune disorders, thyroid disease, allergies & seizures, and occur following an administered vaccine will not be covered under the Health/ Genetic sections of this warranty.
Buyer agrees to not allow vet to administer any vaccine if the Dog's system is under duress from other physical health issues including but not limited to: parasites in the intestinal system, illness or injury.
Buyer also agrees to NOT have the rabies vaccine administered at the same time as any other vaccine, but to allow at minimum two weeks from the last vaccine date before having rabies vaccine administered to Dog.
Buyer acknowledges receiving information regarding the risk factors associated with the Leptospirosis vaccination.
LIMITATION & HEALTH MAINTENANCE
The parties agree that any claim by Buyer for reimbursement from Seller, for any reason, shall be cumulative and that once the price of the Dog has been reimbursed, Seller has no further liability to Buyer. The parties agree that this warranty is the full and maximum financial liability Seller may owe Buyer for the health of the Dog. Buyer agrees to maintain this Dog in good health and provide routine preventative health care. Veterinary records must be provided if requesting refund or replacement.
TEMPERAMENT & TRAINING
Buyer understands that all puppies exhibit certain undesirable behaviors (nipping, chewing, marking, etc). Buyer is responsible for appropriate training of Dog to correctly teach acceptable behaviors and Buyer is responsible for proper socialization of Dog.
Buyer agrees to provide obedience training to Dog within the first six months of Dog's life and continue training as long as necessary to establish a solid foundation for a well behaved and socialized puppy. Training may be done independently or through a professional trainer.
Should Buyer not be successful at obedience training or training of negative behaviors independently, Buyer agrees to seek professional help from a certified trainer should it become necessary.
Behaviors that develop due to lack of proper training and socialization are not the Seller's responsibility. Seller does not claim to be an animal behaviorist or professional Dog trainer and recommends seeking professional help when training questions arise.
If Dog exhibits inappropriate aggressive behavior that is not correctable by professional intervention by the age of 12 months, Seller agrees to assist in re-homing the first dog.
Any fee recouped for re-home of the first Dog will be provided to Buyer.
Seller will provide Buyer with another puppy for Â½ the purchase price.
All shipping fees for replacement puppy are assumed by the Buyer.
Professional documentation must be received from three certified behaviorists stating the nature of the Dog's behavior and the attempted behavior modifications utilized before replacement will be provided. One of these trainers will be Sellers choice of trainer. If trainers indicate that issues are the result of improper training/ raising of Dog or the direct result of Dog's environment, Seller is not responsible for replacing with another puppy.
The parties agree that this contract was made in the state of Texas and agree that it shall be governed by and construed in accordance with the laws of the State of Texas and the parties agree to submit to the jurisdiction of the courts of the state of Texas for any dispute arising from this contract or transaction. Each party will bear it's own costs of litigation, except for breach of contract arising from designated provisions of this contract.
The parties agree to attempt to resolve conflicting issues through impartial mediation prior to submitting the matter for litigation. The cost of mediation shall be shared equally between the parties and the selection of the mediator shall be by mutual consent.
Dog's registered name may not be changed with any registration or association. Official change of name shall void all provisions of this agreement. Warranties shall apply only to original purchaser. Transfer of Dog ownership shall void all such provisions of this agreement.
Under no circumstances shall the Seller be liable to the Buyer or to any third party for any consequential incidental or special damages resulting from or in manner to the Dog.
Upon execution of this contract all veterinary care and its associated costs are the sole and exclusive responsibility of the Buyer.
No changes will be binding on either party to this contract except as agreed upon by both parties in writing.
Buyer has paid Seller the sum of $2750.00 plus sales tax if applicable before the transfer of possession, which is the companion pet price for the Dog.
It is agreed between Seller and Buyer that this Dog is being acquired as a family companion Dog or as a working Dog to be used for tasks appropriate to it's Breed such as therapy, service or exhibition in obedience or agility competition. Both parties agree that the Dog is not purchased for resale nor will it be used or trained for activities which are illegal or for which it is not suited by reason of temperament or conformation.
Seller commits to making the highest effort to determine size & color of Dog when full grown. Seller cannot, however, guarantee these characteristics.
Buyer agrees that under no circumstance is Dog to be taken into retail environments, dog parks or any public area until Dog has been fully vaccinated. Doing so will forfeit the health warranty in this agreement.
FULL AND FINAL AGREEMENT THE PARTIES AGREE THAT THIS WRITING REPRESENTS THE ENTIRE AGREEMENT BETWEEN THEM AND THAT NO OTHER REPRESENTATIONS HAVE BEEN MADE REGARDING THE DOG DESCRIBED ABOVE.
SELLER'S SIGNATURE AND DATE
ALAINA UGLAND, Legendary Labradoodles, LLC
BUYER'S SIGNATURE AND DATE