1. friendlydalmatians.com shall hereinafter be referred to as the “Seller.” The original purchasing party, and solely the original purchasing party, shall thereafter be referred to as the “Buyer.”
Genetic and Hereditary Diseases
2. The Buyer must have the puppy examined by a licensed veterinarian within two (2) days of receiving of the puppy excluding Sunday and holidays. A copy of the examination (vet report) must be sent to the Seller by e-mail or fax within four (4) days of receiving the puppy. Failure to comply will render this guarantee void.
3. The buyer is responsible for the daily health care and maintenance of the pet, including all immunizations and examinations recommended after purchase, as well as providing necessary medication and follow-up treatments from veterinarian visits. In order for the guarantee to remain in effect you must keep receipts and records to verify that you have taken your pet to a duly licensed veterinarian for checkups and all required immunizations.
4. In the unlikely event of the death of the puppy within one (1) year from its birth due to genetics, the Seller shall replace the pet with another of equivalent value at no cost to the Buyer within 120 days. All conditions set forth in paragraph 20 shall apply.
5. In the event of the death of the puppy, due to genetics, after the first year of birth, the Seller shall issue a credit in the amount of 45% of the original cost towards the purchase of a replacement puppy of equivalent value to the buyer within the 120 day respective period. The conditions set forth in paragraph 19 shall apply.
6. If the Buyer declines the replacement puppy, then the Seller shall be under no further obligation and it will be deemed that the Buyer has released the Seller from any and all further claims.
7. In case of severe knee, elbow or hip dysplasia, the radiograph should be permanently identified in the film emulsion with: registered name and/or number, name of the veterinarian or hospital making the film, date of radiograph taken. Furthermore, the radiograph and report must meet OFA’s standard submission requirements.
8. 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 prices declared by the Buyer.
9. This guarantee is non-transferable. In the event this guarantee is exercised, the registration papers must be returned to the Seller.
10. All puppies are sold as pets; no guarantee is made as to disposition, conformation, size, weight, and color, markings or breeding ability.
11. The Seller is solely responsible for supplying the registration papers. Registration papers for all registered puppies will be sent by regular mail, which could take up to six months. Any costs to obtain new or renewal registration papers are the sole responsibility of the Buyer. If the papers are lost, the Seller will assist the Buyer in obtaining new papers at the Buyer’s expense.
12. The Seller makes every effort to provide accurate and up-to-date information on the website regarding the puppies they sell. This information includes, but is not limited to, breed, gender, color, date of birth, weight, parent’s weight and registration. The Seller is not responsible for typographical or photographical errors.
13. Usually the puppy will ship within 1 day of payment, but occasionally a puppy may need additional time with the Seller before shipping or . The final determination of the shipping date for the puppy is made by the Seller’s veterinarian, with the health of the puppy being the overriding factor. In the event the Buyer prevails in litigation, the total awarded value shall not exceed the value of the original purchase price.
14. In the event of any litigation in connection with this contract, the Seller will be paid reasonable attorney fees by the Buyer. Venue and jurisdiction for litigation arising out of or related to this contract shall lie exclusively in.
15. An administrative fee shall be retained by the Seller should the Buyer decide to cancel any time prior to shipping. This fee is to reimburse the Seller for out-of-pocket expenses and overhead costs associated with the transaction.
16. Transportation of the puppy is arranged through third-party carriers. Occasionally there may be delays for numerous reasons including, but not limited to, weather, temperature restrictions, logistics, mechanical failure, or other unforeseen events. The Seller shall not be liable directly or indirectly for any delays that may cause the Buyer inconvenience or financial loss.
17. The Seller disclaims any and all implied warranties of merchant-ability and fitness.
18. The seller will not accept any returns of said puppy for any monetary refund, including but not limited to allergy, Landlord/Tenant, marital, or adjustment problems, etc. If Buyer must return the puppy for any reason, it will be on a surrender basis only with no refund or store credit.
Limitations of Lifetime Guarantee
19. The Seller defines “Lifetime” referred herein as a period of ten (10) years from the puppy’s date of birth. The first 10 years of the guarantee is covered by the Seller. The dog must be in good physical condition. In the unlikely event said puppy is found to have a congenital or genetic defect that is life-threatening, a statement from 2 different licensed DVM’s (Doctor of Veterinary Medicine) of Buyer’s choosing confirming such an event and cause is required before any action will be taken by the Seller. Seller reserves the right to a third opinion of Seller’s choosing to determine the congenital defect. If this guarantee is exercised and a replacement puppy is given then the original puppy must be returned to the Seller. All shipping costs are paid by the Buyer. No replacement will be given if the female has been bred. All laboratory verification must be done by a licensed, DVM, Doctor of Veterinary Medicine. No replacement will be given if the puppy is overweight or over exercised. No replacement will be given if the registration application form has expired. Failure of the Buyer to provide puppy with timely inoculations or regular veterinary care will void this guarantee. This guarantee does not cover any Veterinarian costs. The Buyer is aware that owning a puppy means frequent visits to a Licensed Veterinarian and understands that he/she will be responsible for all payments. This guarantee does not cover any of the following conditions: intestinal parasites (Coccidiosis, Giardia, Tapeworms, Hookworms, Roundworms or Ringworms) Kennel Cough, Pneumonia, Ear Mites, Skin Mites, Mange (Sarcoptic, Demodectic or Cheyletiella), Cherry Eye, Allergies, Herniations (Inguinal, Perineal, or Diaphragmatic), Heart Murmur grades I, II or III, Patella Luxation grades I, II or III. This guarantee does not cover any Veterinarian costs associated with spaying or neutering, including undescended testes. All dogs must not be over exercised during their growth period. Over exercising is as follows: running with the dog or jumping the dog. All the above mentioned conditions must be met or all guarantees above mentioned will be void. Temperament issues are not covered under this guarantee as they can be caused by a lack of training, discipline or proper dog socialization. The owner is responsible for all transportation costs to and from the Seller. If within one (1) year from the date of purchase from Seller, a dog is found and certified by two (2) duly licensed Veterinarian doctors to have congenital or hereditary disorders which adversely affect the health of the animal, and if the Seller is notified within two (2) business days of the veterinarian’s determination, the Seller will provide a replacement puppy of equivalent value. The Seller is not responsible for any veterinarian fees, shipping costs or any other associated costs. Seller sells pets for companion purposes only. Seller does not guarantee against low-blood sugar (Hypoglycemia) or any other non-life threatening illnesses common to puppies. This contract is not valid outside the United States and Canada.
20. This agreement represents the total agreement between the Seller and the Buyer and no other terms or conditions shall be valid to this sale. The Buyer has read this agreement and agrees to the terms and conditions herein.