We are one of a few kennels that offers a LIFETIME genetic health guarantee.
How can we afford to offer such an extensive guarantee?
We have invested a lot of hard work on knowing our bloodlines, and genetics, as well as by health testing each of our breeding dogs we know what to expect and how to improve each generation.
We do not however, claim to breed perfect dogs. There will inevitably be genetics we cannot yet test for. Due to this there may be genetic conditions that may arise which is why we offer a Lifetiame Genetic Health Guarantee.
Contract Terms
Deposit: A [non-]refundable Reservation Fee of $ 500.___ (“Reservation Fee ”) was paid to Seller upon acceptance of this contract. The Reservation Fee shall be applied to the final Purchase Price (defined above). The Reservation Fee non-refundable unless no suitable puppy is available within the Reservation Fee Period (defined below), in which case the Buyer may elect to have the Reservation Fee refunded or transferred to the next available litter. The Reservation Fee secures a puppy/dog for 10 days from eight (8) weeks of age. If the Buyer fails to complete full payment and arrange either boarding arrangements, pickup, or transport within this period, the Reservation Fee is forfeited, and the Breeder may relist the puppy/dog for sale.
Purchase Price: The full purchase price (defined above) is agreed upon with the balance due in full before departure of the delivery driver or at the time of pickup if the buyer is taking possession themselves. Any shipping and handling, medical, and/or rehabilitation bills incurred for the puppy/dog expenses are the responsibility of and shall be paid by Buyer. If the Buyer fails to complete payment within the agreed timeframe, misses scheduled appointments without reasonable notice, or delays transport arrangements beyond the Deposit Period, the Breeder may cancel the sale. In this case, the Buyer forfeits their Deposit, and the Breeder retains full rights to the puppy/dog;
Refund:
The Buyer must have the puppy examined within 72 business hours of receipt. If a licensed veterinarian finds the puppy/dog to be "unfit for purchase," the Buyer may return the puppy for a refund or replacement at Sellers discretion. If Buyer(s) choose to return the puppy, for reasons other than veterinarian-certified health issues, the seller will arrange for transportation back (at the buyer's cost) if needed, have the puppy examined by the seller's veterinarian, and quarantine for no less than 8 days (at the buyer's cost). If, after that period, the puppy is deemed healthy, he/she will be placed for sale at fair market value, which may be less than you paid due to uncontrollable fluctuations in market value. Once re-sold, Seller will refund the Buyer the resale price minus any shipping costs, veterinarian fees, and deposits;
Right to Refuse Sale:
The Breeder reserves the right to refuse to complete the sale at any time before ownership is transferred if the Buyer is deemed unfit to care for the puppy/dog, exhibits unreliable communication, or fails to meet agreed payment deadlines. If this occurs, the Breeder may refund the Deposit (minus any incurred costs);
Health:
1. Seller certifies that this puppy/dog is, to the best of their knowledge, healthy, and current on all vaccinations appropriate for the age of the puppy at the time of sale, as included in the record provided by Seller, unless otherwise noted within.
(a) Due to the nature of raising a large litter of puppies together, the puppy may have been exposed to and/or treated for parasites, or germs which can (re)activate under the stress of transportation or adjusting to a new home.
(b) If a puppy is sent home with medication as a preventative and/or treatment, it is the responsibility of the Buyer to complete the recommended course as outlined by the Seller before departure.
(c) Seller does not warranty against conditions brought on by stress or environmental changes that cannot be controlled once the puppy/dog leaves Sellers care; therefore this health guarantee does not cover the following including but not limited to hypoglycemia, parasites, giardia, viral or bacterial infections, parvovirus, coccidiosis, distemper, mycoplasma, brucellosis, herpes, or coronavirus as these are environmentally affected or highly contagious diseases that can be contracted immediately upon leaving Sellers property and/or in transit to the Buyer(s) home.
(d) Seller is not liable for any zoonotic diseases that may be transmitted from the puppy/dog after Buyer takes possession.
(e) Seller will provide a copy of all health records, which are also accessible by the buyer in their online Pet Portal.
2. The buyer is strongly advised to have female puppy/dog(s) spayed by 24 months and 18 months for males to be neutered;
(a) Seller is not liable in case of accidental pregnancies, pyometra, or other issues that may stem from not spaying/neutering the puppy/dog before sexual maturity;
(b) Buyer must provide the Seller with a veterinarian statement (including microchip number) as proof of spay/neuter. If the buyer fails to supply the required documentation within the allotted time frame, the health warranty will be void, and additional fines or fees may be owed by the buyer.
3. While every effort is made to ensure our dogs are bred from only healthy bloodlines and properly socialized before they leave, Seller gives no warranty as to confirmation, adult size, or temperament of any puppy;
4. If the terms of this contract are met and the puppy/dog purchased through this contract is diagnosed by a licensed veterinarian within its natural lifetime to have a verifiably genetic and life-threatening health defect(s), (not including illness caused by accidents, cancer, seizures and/or health conditions caused by improper care, or communicable diseases) he/she may be returned to Seller for a replacement of equal value at Seller's discretion or if Buyer decides to keep the puppy/dog instead they will be credited half off of the listed price of a different puppy;
All veterinarian records of illness or other related documentation shall be provided to the seller before compensation will be considered. Seller shall reserve the right to have the diagnosis confirmed by a veterinarian of their choice before any compensation will be provided.
6. Buyer(s) understand the puppy/dog purchased must continue to receive regular vaccinations and/or titers to prevent common infectious diseases, de-worming as recommended by their vet until 16 weeks old, as well as annual checkups, boosters, and rabies vaccinations;
7. The puppy/dog is being sold solely as a companion; breeding of the puppy/dog is expressly prohibited. If at any time the puppy/dog produces any offspring, all of Seller’s warranties outlined in this Agreement will become null and void, Seller has the right to confiscate all offspring without reimbursement, and prosecute Buyer(s) to the full extent of the law for breach of contract;
Care/Ownership:
1. Buyer(s) understand that choosing to feed the puppy/dog a brand other than Life's Abundance Brand dog food unless otherwise approved in writing by Seller or instructed in writing by a licensed veterinarian due to allergies or other health reasons, and provided to the Seller, will void the health guarantee;
2. Buyer(s) agree to provide the puppy/dog a healthy and loving environment, including but not limited to proper shelter from the elements, clean water, exercise, and socialization;
3. If the Seller has reason to believe the puppy/dog is not getting proper care and treatment, the Seller has the right to have the puppy/dog examined by a licensed veterinarian. If the veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse, or neglect, (a) the Seller has the right to take full possession of the puppy/dog [and its duly signed [Registry] transfer papers/registration] and (b) all Seller warranties herein shall become null and void. For the avoidance of doubt, if Seller takes possession of the puppy/dog in accordance with this section, the Buyer shall not be entitled to any refunds of any payments made to the Seller.
4. If Buyer is found guilty of neglect or abuse by the proper authorities, Seller reserves the right to re-take ownership and/or possession of the puppy/dog without any reimbursement to Buyer(s);
5. If the Seller is contacted by a rescue or animal control facility regarding their possession of the puppy/dog, and the contact information is found to be not up to date, the Seller reserves the right to reclaim ownership and or possession of the puppy/dog without reimbursement to the Buyer.
6. The puppy/dog and the rights and privileges conferred hereby may not be sold, transferred by gift, pledged, hypothecated, or otherwise transferred or disposed of (whether by operation of law or otherwise) in any manner otherwise than by will or by the laws of descent or distribution, will not be subject to sale under execution, attachment, levy or similar process and may be exercised during the lifetime of the Participant only by the Participant. This contract is binding upon the executors, administrators, heirs, successors, and assigns of the Participant;
7. If the Buyer(s) is/are at any time unable to continue care of the puppy/dog, they are required to notify the Seller, even if a replacement home is arranged by the Buyer, it is the Seller's right to approve the new home and/or have the first right to purchase the puppy/dog back. If needed, the seller will be happy to aid in finding a suitable new home for the puppy/dog. Should the Seller discover the puppy/dog has been rehomed or offered for sale without such notice, Seller has the right to take full possession of the puppy/dog [and its duly signed [Registry] transfer papers/registration] and (b) all Seller warranties herein shall become null and void. For the avoidance of doubt, if Seller takes possession of the puppy/dog in accordance with this section, the Buyer shall not be entitled to any refunds of any payments made to the Seller.
8. If, after approval of rehoming by Seller, a suitable replacement home is not able to be found, the puppy/dog must be returned to the Seller. The seller will arrange for transportation back (at the buyer's cost) if needed, have the puppy examined by the seller's veterinarian, and quarantine for no less than 8 days (at the buyer's cost). If, after that period, the puppy is deemed healthy, he/she will be placed for sale at fair market value, which may be less than you paid due to uncontrollable fluctuations in market value. Once re-sold, Seller will refund the Buyer the resale price minus any shipping costs, veterinarian fees, and deposits.
9. Under no circumstances should the puppy/dog be dumped, surrendered, re-sold through a broker, or placed in a pet store, research facility, or rescue.
10. Buyer(s) understand that it is the responsibility of the Buyer to notify the Seller of any change of contact information so they can not only update their records but also the registration of the puppy/dog's microchip to ensure the timely return of the puppy/dog should it become separated from the buyer.
Defamation:
Buyer(s) agree(s) he/she, and/or their spouse, or significant other if applicable, will not publicly criticize, defame, be derogatory toward, or otherwise disparage the seller, its animals, products, services, home, kennels, or any past, present, family members, employees, agents, representatives, or affiliates, including but not limited to any animal husbandry practices, plans, or actions, to any third party, either orally, online, or in writing; Provided however that this provision will not preclude buyer(s) from giving truthful testimony in response to a lawful subpoena;
Miscellaneous:
Buyer(s) understand if any of the terms of this contract are not upheld, the Lifetime Genetic Health Guarantee becomes null and/or Seller has the right to prosecute Buyer(s) to the full extent of the law for breach of contract;
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions, and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications, or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts, and such counterparts together shall constitute the same instrument. This Agreement will be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
Agreement to Mediate.
If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Governing Law.
This contract is a legal instrument and supersedes all previous agreements, whether verbal or written, and is governed by the laws of the state of Utah. All legal disputes related to this contract must be delivered to the seller in written form and addressed first through mediation provided by the courts of Box Elder County, Utah.
IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement effective as of the Effective Date.