CONTRACT & HEALTH WARRANTY
THE PURPOSE OF THIS CONTRACT IS TO DEFINE THE ADOPTION CONDITIONS OF THE BUYER AND SMERAGLIA ENTERPRISES (AKA THE "SELLER"). THE BUYER UNDERSTANDS THIS CONTRACT IS A BINDING AGREEMENT, AND NO CONTENTS THEREOF MAY BE ALTERED WITHOUT WRITTEN AUTHORIZATION BY THE SELLER. FOR SIMPLICITY PURPOSES, THE TERM "PUPPY" WILL REFER TO ANY PUPPY (OR DOG) OF ANY AGE PURCHASED FROM THE SELLER.
The following conditions apply to the sale of the Puppy mentioned above:
1. GENERAL TERMS:
Buyer understands that Seller strives to produce a certain look but does not guarantee size, color, appearance, coat type, shedding and non-shedding. The buyer also acknowledges Seller can not guarantee temperament. Buyer understands all puppies exhibit certain undesirable behaviors (i.e.,. nipping, chewing, barking, marking, etc.). Buyer is responsible for the appropriate training of the Puppy to correctly teach acceptable behavior and is responsible for proper socialization of the Puppy. Should Buyer elect to send their Puppy to our Doodle Prep School Program, the Seller and Trainer commit to being involved as much as possible with the in-home transition. Buyer understands Doodle Prep School Fees are an optional service provided by the Seller and are NON-REFUNDABLE AND CAN NOT BE INCLUDED IN ANY REFUND OR RETURN REQUEST.
Any request to return a Puppy to the Seller must be made within seven (7) business days of delivery and may only be requested should the dog be found to have an untreatable health issue. Minor health ailments including, but not limited to parasites, fleas, worms or stress-induced diarrhea due to the Puppy's transition from the Seller, are not considered a reasonable request for a return. Buyer understands any/all test, surgeries or medical procedures that occur without the Seller's knowledge are the sole financial responsibility of the Buyer and can not be requested for reimbursement under any circumstances.
The Buyer has seven (7) business days from delivery to request a return. Buyer understands should a request be approved, they are responsible for any/all transportation cost. The buyer also agrees Prep School Fees and shipping cost related to getting the Puppy to their home are COMPLETELY NON-REFUNDABLE UNDER ALL CIRCUMSTANCES. Once the Puppy is returned, and all paperwork has been signed, any refunds will be issued by the same means by which they were received (i.e. credit card, check, etc.prior to).
2. HEALTH OF PUPPY AT TIME OF DEPARTURE:
Every Puppy is examined by a Licensed Veterinarian and given an official Alabama State Health Cert before leaving our home. To the best of Seller's knowledge, the above-stated Puppy is sold with no known diseases or illnesses. Your Puppy is guaranteed to be free of any/all untreatable health conditions. Buyer understands they are required to have their Puppy re-examined by a Licensed Veterinary in their area within three (3) business days of delivery. If Puppy is believed to have a disease that is untreatable, written documentation from the Buyer's veterinarian outlining his/her diagnoses must be presented to Seller within five (5) business days from delivery of Puppy. Additionally, Buyer must agree to surrender Puppy back to Seller within seven (7) business days of discovery of illness or disease. Seller agrees to provide Buyer with a replacement puppy or a full refund of the purchase price less the cost of transportation. Should Puppy be surrendered, Buyer understands this contract will become null and void. Buyer understands should they fail to surrender the Puppy back to Seller within the timeframe listed above, the Buyer will forfeit all contents of this warranty and agrees to incur any/all medical costs associated with the diagnoses and maintenance of the Puppy. Buyer further agrees to hold harmless the Seller for any current and future medical costs.
3. HEALTH OF PARENTS AGAINST GENETIC DEFECTS:
The Sire and Dam of this Puppy have been examined by a Licensed Veterinarian and have been cleared of congenital health issues. Seller has taken great care to ensure only Parent Dogs with the healthiest possible pedigrees are used in our Breeding Program. Seller warranties against hip/elbow dysplasia on the Puppy up to two (2) years of age. In the rare instance dysplasia occurs, Buyer is required to provide the Seller, a Penn/Hip evaluation confirming the dysplasia. The report showing moderate or severe conditions, or listed as Grade 2 or Grade 3, must be provided to Seller within three (3) business days of discovery of the defect.
Seller also provides a warranty against congenital heart defects for up to two (2) years of age. Congenital Heart Defects must be confirmed by a Licensed Veterinarian and written documentation stating the same must be presented to Seller with five (5) business days of diagnosis. Additionally, Buyer must agree to surrender Puppy back to Seller within seven (7) business days of diagnosis. Seller agrees to provide Buyer with a replacement puppy or a full refund of the purchase price less the cost of transportation. Should Puppy be surrendered, Buyer understands this contract will become null and void. Buyer understands should they fail to surrender the Puppy back to Seller within the timeframe listed above, the Buyer will forfeit all contents of this warranty and agrees to incur any/all medical costs associated with the diagnoses and maintenance of the Puppy. Buyer further agrees to hold harmless the Seller for any current and future medical costs.
4. CONFIRMATION OF PUPPY'S IDENTITY:
Seller reserves the right to verify registered microchip identification or DNA of a puppy to confirm Puppy is from the Seller's breeding program prior to any reimbursements, refunds, replacements, etc.
5. ENVIRONMENTAL AND VACCINATION RISKS:
Buyer understands there can be health risk associated with environmental factors and/or administering of certain vaccinations. Buyer has/will be provided a list of known environmental factors within the Puppy Kit along with a list of potential known vaccine risks. Because there are still unknown risks associated with a puppy's environment, Buyer agrees to protect the Puppy from these risks and to hold harmless the Seller for any/all environmental or vaccine related sarcomas, tumors, autoimmune diseases or disorders, thyroid disease, stomach or GI issues, allergies and/or seizures. Seller understands these types of reactions can occur up to two (2) months after exposure. Buyer agrees to self-educate themselves regarding these potential dangers and agrees not to hold Seller responsible for any adverse reactions to these or other exposures not listed here. Buyer understands any/all medical costs associated with the maintenance of the Puppy's good health are the sole responsibility of the Buyer, including treatment for any reaction to an environmental trigger or vaccine. Buyer acknowledges the Seller strongly recommends the Puppy not to be given the Leptospirosis Vaccine. Buyer understands failure to adhere to any/all guidelines listed above under this section will void this warranty and the contents thereof.
6. PUPPY MAINTENANCE:
Buyer will be provided a list of all vaccinations received while in the Seller's care. Vaccines will be current when Puppy is delivered. Buyer understands there are annual vaccine requirements and agrees to maintain vaccines as scheduled, as well as, annual health check-ups for the life of the Puppy. Buyer agrees not to allow any vaccines to be administered to puppy while the animal is under stress or duress which can include but is not limited to parasites in the intestinal system and/or other illness or injury. Buyer agrees to allow up to three (3) weeks between annual preventative vaccine administration and annual Rabies Vaccine. Buyer agrees not to allow administration of these at the same time. Buyer agrees to provide monthly heartworm preventative and flea/tick control at least every 45 days during the summer months of the year if the dog lives in a state where this is required. Buyer's understand proper puppy maintenance is required and they are solely responsible for any cost related to these expenses.
7. SPAY OR NEUTER:
Buyer agrees Puppy is being adopted as a family pet and will never be used for breeding. Seller requires all puppies to be spayed/neutered by seven (7) months of age, at Buyer's expense. Seller agrees Puppy will not be used for breeding and will provide Seller with written proof of said spay/neuter within seven (7) business days after the procedure is performed. Buyer understands this procedure must be performed by a Licensed Veterinarian and documentation must reflect the same. Buyer understands failure to provide proof of sterilization once the Puppy reaches seven (7) months of age, will result in nullification of this contract and will void all contents thereof. Buyer further understands, any attempt on the part of the Buyer to use the Puppy in a breeding program will result in legal action for breach of contract. Should such actions take place, any/all legal fees associated with this matter will become the responsibility of the Buyer to include any/all Seller attorney fees. Any such litigations shall occur in the State of Alabama and any/all expenses related to travel will also be at the Buyer's expense.
8. ANIMAL RESALE, RESEARCH OR REHOMING:
Buyer agrees never to resale the Puppy to an individual, pet shop, or to a puppy mill. Buyer agrees never to allow Puppy to be used for scientific research of any kind. Buyer agrees to first contact the Seller if they find they are no longer able to care for their Puppy. If a rehoming occurs without the Seller's knowledge, the entire contents of this Health Warranty will become void.
9. HOUSING/FENCING FOR PUPPY:
Buyer agrees to provide safe housing for Puppy. Buyer agrees if their home is a rental, they will receive written permission from their landlord which allows Puppy to live with Buyer. Buyer will provide safe housing for Puppy away from outside weather elements. Buyer agrees Puppy will primarily be considered an "inside" dog and will receive several hours of positive human interaction each day. Buyer agrees never to leave Puppy unattended outside in temperatures above 80 degrees Fahrenheit for more than one (1) hour. Buyer will never leave Puppy outside without water and adequate shade. Buyer will never leave Puppy unattended and staked/tied outside to a tree or post. Buyer agrees to provide Puppy with a fenced-in or chain-link/underground fence. Buyer understands livestock grade electric fencing is dangerous and should never be used for the Puppy.
10. CONTINUED HEALTH OF PUPPY:
Buyer agrees to help Puppy maintain a healthy weight. Buyer understands this warranty will become null and void if Puppy is allowed to become obese or overweight. For weight guidelines, Buyer should consult their veterinarian. Buyer further agrees to maintain a vitamin/nutrition supplements regiment for the first two (2) years of Puppy's life. Seller recommends NuVet and NuJoint vitamins.
11. USE OF SMERAGLIA NAME FOR AKC PURPOSES:
Buyer agrees to use "Smeraglia's" as the prefix for the Puppy's name when competing for AKC agility or obedience titles.
12. FULL AND FINAL AGREEMENT:
By signing either personally or via electronic signature, Buyer agrees to all terms outlined within this contract. Both Buyer and Seller agree this represents the entirety of the agreement between both parties and no other representations have been made or implied regarding the Puppy. This contractual agreement is made, executed and will remain in the jurisdiction of the State of Alabama.
SELLER SIGNATURE: ____________________________________________________
BUYER SIGNATURE: ____________________________________________________