Our Contract
I want to share our contract and thought offering the reasons behind the conditions would be helpful for our prospective buyers. There's always a method to my madness, but a path is sometimes needed to follow my jumble.
This is a copy of our current Conditions of Sale, as of Otober 2021 All previous adoptions/signed agreements copies are in effect and kept both with litter records and the revisions file on our website.
Seller certifies to the best of her knowledge that, upon receipt by the Buyer, the dog is in good health. The Buyer has reviewed and agreed to following conditions:
Buyer is submitting a 50% deposit for the puppy. The deposit is nonrefundable and nontransferable, The remaining 50% is due on Seller’s designated pick-up day.
If a puppy is lost or does not pass their health exam prior to scheduled pick-up day, Seller will transfer Buyer’s deposit to the next available litter of similar breed/size.
The Buyer has THREE (3) days following receipt to have the dog examined by a veterinarian at their own expense. Should dog be found to be in poor health of a serious nature that is diagnosed as permanently life altering by said veterinarian, Buyer must notify Seller immediately and return the dog within 24 hours. Seller reserves the right to have the dog re-examined by our veterinarian at our cost. A replacement puppy will be provided from the next available litter.
The dog is warranted only for the purpose of being a companion animal, Seller does not guarantee size, color, or appearance of the dog.
The Buyer agrees that the Dog will be housed indoors.
This dog is to be spayed/neutered, however any warranty agreed to herein shall be terminated and extinguished if the dog is spayed/neutered prior to skeletal maturity at approximately TWELVE (12) months of age or after EIGHTEEN (18) months after receipt, and written proof shall be provided to Seller within THIRTY (30) days
Buyer will under no circumstances relinquish the dog to a shelter.
LIMITED WARRANTY:
THE ONLY FORM OF COMPENSATION OFFERED IS A REPLACEMENT DOG. NO MONETARY COMPENSATION, NO EXCEPTIONS. SELLER IS NOT RESPONSIBLE FOR ANY VETERINARY COSTS INCURRED BY BUYER AND WILL NOT REFUND VETERINARY COSTS IN PART OR IN FULL.
Any condition that is minor, correctable, or a breed-related minor condition is not covered, and no condition which could go away, or is considered to be a condition which a dog will likely grow out of is covered. Minor health ailments including, but not limited to: parasites, diarrhea, umbilical hernia, or minor heart murmur are not covered.
Seller does not accept responsibility for contagious disease diagnosed after SEVEN (7) days from receipt.
Hip dysplasia is covered for ONE (1) year from date of birth, subject to the following: (1) the dog must not have been allowed to become overweight or developing joints be overstressed at any point during the warranty period; (2) veterinary documentation of the growing dog’s weight will be required along with the date of spay/neuter; (3) An evaluation of the hip x-rays must be conducted by Orthopedic Foundation for Animals. If results from the OFA evaluation indicate that an injury occurred which caused or contributed to the issue, the hip warranty will be terminated; and, (4) a replacement dog will not be provided unless the dysplasia/disorder necessitates euthanasia of the dog prior to reaching TWO (2) years old.
Heat stroke, exhaustion, dehydration and other heat related conditions are not covered in any way.
Proof of examination and diagnosis submitted directly from a licensed veterinarian must be provided to Seller and subject to review by Seller’s veterinarian, should Buyer wish to replace the dog. This entire warranty will be terminated immediately if the dog is not examined by your veterinarian within the allotted time.
Diagnosis of and/or death due to a life-ending genetic disease is covered for TWO (2) years after the dog’s date of birth. A dog must be diagnosed with a life-ending genetic condition by the age of two years, with death occurring within twelve months of diagnosis to be covered under this warranty. Any replacement for a deceased dog will only be provided when the cause of death is documented by a necropsy performed at a state lab and the findings prove the cause of death to be that genetic condition.
Conditions that, with medical treatment, allow the dog to live a normal companion life are not covered.
Conditions that are side effects of any substance the dog is exposed to will nullify this warranty for said condition(s).
In the event of covered health condition, Seller will provide Buyer with a replacement dog from the next available litter of similar type/breed after the necropsy report has been received and reviewed by our vet. Buyer acknowledges that the only compensation offered/owed pursuant to this warranty is a replacement dog.
When a replacement dog, from the next available litter of like kind, is offered but refused, Seller has fulfilled all obligations to the Buyer, and no further relief is available. No reimbursements under any circumstances.
General provisions:
Any changes to this contract must be in writing and signed by both parties.
This contract and all conditions/warranties are between Seller and the original Buyer and is non-transferable.
This contract is legal and may be enforced by legal means at the Buyers’ expense. In no event shall Seller be held-responsible for legal expenses or costs incurred by Buyer.
All business transactions have been conducted at Seller’s residence in Augusta County, VA and subject to jurisdiction in Augusta County VA. All legal disputes must be filed/settled in Augusta County, Virginia. Buyer shall be responsible for all reasonable legal fees and costs incurred by Seller for defense outside Augusta County, Virginia.
Should Buyer have any complaints regarding the Seller or the dog, Buyer agrees to diligently address the matter in an entirely private manner with Seller prior to filing suit.
If any provision or part thereof contained in this contract shall, for any reason, by held to be invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provision of this contract; and this contract shall, to the fullest extent lawful, be reformed and construed as if such invalid, illegal or unenforceable provision had never been contained herein, and such provision reformed so that it will be valid, legal and enforceable to the maximum extent possible.
SELLER RESERVES THE RIGHT TO IMMEDIATELY TERMINATE ALL WARRANTIES PROVIDED HEREIN
UPON NOTICE OF BUYER’S VIOLATION OF ANY PROVISION OF THIS CONTRACT
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.
And now the explanation:
We try our best to make sure the puppies are free of any parasites or diarrhea. Even with bleaching and steam cleaning these things can happen. Our puppies are wormed every two weeks beginning at two weeks of age. As a preventative, they are given treatment for loose stools and parasites for seven days prior to leaving.
Our requirement for the first vet visit to be within3 days coincides with the shot due at 9 weeks so that you aren't paying for two visits and the puppy isn't receiving the shot before it's due.
Unfortunately, we've had several less than honest families over the years that have attempted to falsify ailments, that's why we now require strict documentation prior to replacement.There will be no exceptions.
The hip dysplasia portion of the contract is more specific for a reason. I can provide the information, however, I have no control over whether or not the suggestions are implemented. Hip dysplasia is a polygenic trait, however, environmental factors such as diet and types of activity are also involved.