Contract and Health Guarantee

 By placing a non-refundable reservation fee or payment of full price, the buyer agrees to all terms and conditions of our Contract & Guarantee listed below: 

SECTION 1 - CARE OF PUPPY 

• Buyer agrees this puppy is not being bought for resale and shall be maintained and kept under the personal control of the buyer, this puppy shall be given adequate housing, food and vet care, and shall in no manner be mistreated, neglected, or allowed to roam freely. If circumstances become so that the buyer cannot keep this dog, buyer promises not to discard the dog at any shelter, humane society, or rescue group, and make every effort to place the dog in another suitable home. If the buyer is unable to find a suitable home for the dog. The dog shall be returned to the breeder.

SECTION 2 - SPAY/NEUTER 

• All puppies are sold as pet quality on a spay / neuter contract. The seller does not and cannot guarantee the size or color of the puppy when it matures. No warranty is given to the buyer for any special purpose or function of this dog. The buyer agrees to neuter a male by 6 months of age. The Buyer agrees to spay a female by 12 months of age.

SECTION 3 - HEALTH RECORD

• Breeder guarantees that at the time of delivery, the puppy is in good health. All puppies have been vaccinated, dewormed, and have received age-appropriate vaccinations. The breeder will provide a record to the buyer of all vaccinations and deworming.

SECTION 4 - FULFILLMENT OF HEALTH GUARANTEE 

• This health guarantee applies only to the original owner of the puppy listed in this contract as the Buyer. The Health Guarantee is not transferrable to another owner. In the event the guarantee is needed, the puppy/dog must be returned to the Breeder. Shipping arrangements for an additional puppy are at the expense of the buyer, and return of the original puppy to fulfill the guarantee are also at the expense of the buyer. A refund will not be given in any situation, only a replacement puppy as soon as one of equal value can be given. The Breeder determines the value of the replacement puppy.  The Breeder may choose to refund the return shipping expense of a puppy if defect is to be found to be 100% hereditary and life threatening to the puppy, and the Buyer is completely transparent with any and all health records, but its will be at the discretion of the Breeder.

SECTION 5 - FINANCIAL RESPONSIBILITY FOR HEALTH CARE 

• It is highly recommended by the Breeder to the Buyer to obtain health insurance on their puppy. We do this because veterinary costs can be high, especially to diagnose or treat an illness. We also make this recommendation because puppies have their immune systems very fresh and beginning to work on their own at 7-8 weeks old. They are susceptible to all types of viruses, parasites, and illness at this age. If you are seeking a diagnosis on your puppy to fulfill the health guarantee and get a replacement puppy, the health insurance may be able to cover some of those costs. Buyer is aware of this recommendation.

SECTION 6 - VET CHECKUP

• The buyer is to arrange a check-up by a qualified veterinarian within 3 business days of receiving the puppy. During this initial exam should a veterinarian detect a Genetic defect threatening the life of the dog, you must contact the seller immediately. We do this with only a 3-business-day time frame to have a point of reference as to the health of the dog. Unfortunately, we cannot control how the dog is handled after it leaves our care. 
•  The buyer is responsible for returning the puppy and all papers (health record, Shot record) to the seller. In case of the death of the puppy before the initial exam, the buyer must submit a veterinarian’s necropsy report as to the cause of the death, and death must be entirely due to a congenital defect. Failure to have the initial vet check done within 3 days will void this warranty. The breeder shall NOT reimburse any veterinary expenses or other expenses incurred by the buyer at any time. Breeders warranty is limited to a replacement puppy, upon the immediate return of the puppy (uninjured and unharmed), and a written veterinarian statement that includes the complete diagnosis of the congenital life-threatening defect. This is to prevent fraud. Failure to give the breeder access to all medical records at the vet's office will result in refusal of return or replacement puppy. It is agreed any shipping expenses associated with the delivery or return of the puppy and or the replacement puppy is solely the responsibility of the Buyer.

SECTION 7 - HEALTH GUARANTEE ONLY ON LIFE THREATENING DEFECTS 

• If your puppy is diagnosed with a life threatening defect, it will be replaced with one of equal value as soon as one is available. The value of the puppy being sent as replacement will be determined by the Breeder. All health records and papers given to the buyer must be signed into the breeders name and returned to breeder or the guarantee is void. Buyer is responsible for all transportation of puppies. Puppy must not be euthanized without prior written approval from the breeder or this guarantee is void. Text or email being considered acceptable written approval. Buyer understands that the following slight defects, virus', bacteria, etc, are not considered life threatening and therefore are not covered - hernia, parasites, undescended testicle, under/over bites, Parvo, any virus, bacteria, or parasite. Buyer understands that replacement option is only valid when health problems are attributed solely to a life threatening defect and are not due to accident or injury. In case of death, a necropsy will be required to determine if death is due to a hereditary genetic problem in order to have the puppy replaced. Sometimes in the case of necropsy, if there is not an obvious defect, further blood testing can be done to determine cause of death. The buyer will be required to do and pay for all available tests to determine cause of death. Failure to follow the veterinarians recommended medical advice and/or treatment while the dog is in the care of the buyer will void this guarantee.

SECTION 8 - NOT COVERED 

• Heart, kidney, and liver are the ONLY conditions that are covered by this contract. 
• This guarantee does NOT cover Giardia, coccidia and kennel cough which is usually caused by bacteria and is common in puppies that are shipped. Kennel cough is self-limiting and like the common cold must run its course. On its own, kennel cough is not life threatening and full recovery is expected. Should any symptoms present, please consult with your veterinarian. Many veterinarians recommend that the puppy be placed on a mild antibiotic as a cautionary measure. Full recover is expected and on its own kennel cough is not life-threatening. 
• This guarantee does NOT cover that which we see common in the Shih-Tzu breed: dry eye, cherry eye, pinched nostrils/ stenotic nares, under bite, and both inguinal and umbilical hernias etc. Most hernias can be fixed easily when puppy gets spayed/neutered. Hernias must be certified by a veterinarian, to be currently life-threatening and to have rendered the puppy unfit for purchase, for surgical repair reimbursement consideration. After receiving certification as to this condition by a qualified veterinarian Seller reserves the right to directly discuss the issue with the certifying veterinarian and / or allow the seller's veterinarian to communicate with the certifying veterinarian. In the case of a life-threatening Hernia, The Breeder/Seller reserves the right to determine an appropriate reimbursement amount for any hernia repair associated with said puppy. 
• This guarantee does NOT cover internal or external parasites, hernia, undescended testicles, under or overbite, injury, allergies, heat exhaustion, or hypoglycemia. These are common ailments in young puppies with immature immune systems. This guarantee does NOT cover luxating patellas, collapsing trachea. Luxating patellas can be caused by injury and overworking the joint in the first year of life. Collapsing trachea is not covered because it can be caused by injury and the use of a collar. This guarantee does NOT cover Leg Calve Perthes - the cause is unknown. The Buyer waives any and all liability in relation to these items listed in Section 3. Under no circumstance will the Buyer be refunded any money for any of these conditions. Coccidia, Giardia, hookworm, mites, whipworm, or any type of parasite is NOT covered. The Buyer understands and agrees to the NOT Covered agreement. 

SECTION 9 - VETERINARY DIAGNOSIS 

• Veterinarians can have different medical opinions. Because of this - The Breeder retains the right to pick a veterinarian of they’re choosing to examine the dog to confirm the diagnosis given by the Veterinarian selected by the Buyer. If the Breeder requests that the dog be taken to a specific veterinarian to confirm diagnosis - the Breeder will pay for the examination and any tests or procedures approved to be done by the Breeder. If the Veterinarian of Debbie's Darling Shih Tzus does not agree with the diagnosis given by the Buyers Veterinarian, Debbie's Darling Shih Tzus will not replace said puppy. If the buyer wishes to transport the puppy back to their location, the buyer will be responsible for the cost and any fees associated with the transport.

SECTION 10 - SHIPPING 

• If shipping has been approved by breeder, arrangements will be made between breeder and buyer. Puppy becomes the sole responsibility of the buyer physically and financially once the breeder delivers the puppy to transport personnel and the puppy is in their care. Once the breeder has delivered the puppy to the agreed upon transport personal the burden of delivery to owner is considered fulfilled.

SECTION 11 - FINACIAL BURDEN OF CARE 

• The buyer will assume any and all veterinarian cost and any other expenses that might be incurred in connection with my puppy and waive any cost or claim whatsoever against the Breeder. Buyer understands that full price is due when puppy is picked up or before puppy is delivered to transport personnel.

SECTION 12 - NO GUARANTEE ON SIZE OR COLOR 

• We do our best to use all the predictors of size to give you an estimated adult weight. We do not take returns on puppies or refund any money for a puppy becoming either to large or to small. Buyer agrees they will not seek any form of restitution for the puppy dogs adult weight. We do not guarantee your Shih Tzu to have a specific color. 

SECTION 13 - FAILURE TO PICK UP 

• Buyer agrees to pick their puppy up by 8 weeks of age unless otherwise arranged but the full price of the puppy will be paid at 8 weeks of age. If the puppy is not picked up at 8 weeks old or the agreed upon day, the breeder has the right to sell the puppy to another person at anytime after the 1st missed pick up. The breeder can elect to move you to the waiting list or ask you to work with another breeder. You will not be refunded your non-refundable deposit payment. 

SECTION 14 - COUNTY OF INITIATION AND FINALIZATION 

• It is deemed that this contract is initiated and finalized in Stanislaus County, California. Any legal action brought by the Buyer or the Breeder will be preceded with a court appointed mediator. Any legal action will be ignited only in the county of initialization and finalization which is Stanislaus County, California.

SECTION 15 - PAYMENTS 

• Any monies up to $500 sent from the Buyer to the Breeder are considered non-refundable reservation fees for holding their place in line to pick their puppy. Reservation fees are applied to the puppy at the time of pick up. Reservation fees hold your place in line, and are considered a service provided by the Breeder, and are not refundable for any reason or change of life circumstance. Full price is due when puppy is picked up or before puppy is delivered for flight.

SECTION 16 - AGREEMENT TO TERMS 

• Buyer agrees by placing a non-refundable reservation fee, to all the terms of this agreement included in sections 1-18. This agreement by the Buyer and the Seller is a binding contract, and is the only expressed agreement between the buyer and the Seller . I understand that I (buyer) will assume any and all veterinarian cost and any other expenses that might be incurred in connection with my puppy and waive any cost or claim whatsoever against the Breeder and its owners. I understand that no other guarantees are meant or implied and I understand this contract is legally binding.