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DEBBIE’S DARLING SHIH TZUS
PUPPY PURCHASE CONTRACT & HEALTH GUARANTEE
This Puppy Purchase Contract & Health Guarantee (“Agreement”) is entered into between Debbie’s Darling Shih Tzus (“Seller”) and the purchaser identified below (“Buyer”).
This Agreement sets forth the terms of the puppy’s sale and Seller’s limited one-year health guarantee. Nothing in this Agreement is intended to waive or restrict any right or obligation that cannot legally be waived under California law.
1. BUYER INFORMATION
Buyer’s Full Legal Name: ________________________________
Address: ______________________________________________
City/State/ZIP: _________________________________________
Phone: ________________________________________________
Email: _________________________________________________
2. PUPPY INFORMATION
Breed: Shih Tzu
Puppy’s Name: _________________________________________
Date of Birth: __________________________________________
Sex: __________________________________________________
Color/Markings: ________________________________________
Microchip Number (if applicable): _________________________
Sire: __________________________________________________
Dam: __________________________________________________
Date of Transfer/Pickup: _________________________________
Purchase Price: $________________________________________
3. PET-ONLY SALE — NO BREEDING RIGHTS
This puppy is sold solely as a companion pet and without breeding rights.
Buyer agrees that this dog shall not be intentionally or accidentally bred, used for stud service, permitted to produce a litter, leased or transferred to another person for breeding purposes.
No AKC or other registration papers conveying breeding rights are included with this sale.
Buyer agrees to have the dog spayed or neutered at an age considered medically appropriate in consultation with Buyer’s licensed veterinarian. Upon reasonable request, Buyer agrees to provide Seller with veterinary documentation confirming that the procedure has been completed.
4. HEALTH EXAMINATION BEFORE THE PUPPY LEAVES SELLER
Prior to transfer, the puppy will receive a health examination by a licensed veterinarian.
Seller will provide Buyer with the puppy’s available health and vaccination records.
This veterinary examination documents the puppy’s observed health condition at the time of examination and transfer. It does not constitute a lifetime guarantee against future illness or medical conditions.
5. BUYER RESPONSIBILITY AFTER TRANSFER
Once Buyer takes physical possession of the puppy, Buyer assumes responsibility for the puppy’s environment, supervision, nutrition, safety and veterinary care.
Except where otherwise required by California law or expressly covered by Seller’s limited health guarantee, Seller is not responsible for illnesses, infections, parasites, injuries or medical conditions acquired after the puppy leaves Seller’s care, including conditions resulting from exposure to other animals, public areas, environmental conditions, accidents, improper care or other events occurring after transfer.
The occurrence or diagnosis of an illness or condition after transfer does not, by itself, establish that the illness or condition existed while the puppy was in Seller’s care.
6. REQUIRED THREE-DAY VETERINARY EXAMINATION
Buyer agrees to have the puppy examined by a licensed veterinarian within three (3) calendar days after taking possession of the puppy.
The examination is at Buyer’s expense.
Failure to have the puppy examined within the required three-day period will void Seller’s additional one-year contractual health guarantee, except for rights or remedies that cannot legally be waived under California law.
7. LIMITED ONE-YEAR HEALTH GUARANTEE
Seller provides the original Buyer with a limited health guarantee for one (1) year from the date Buyer takes possession of the puppy.
Seller’s additional one-year guarantee is limited to a serious congenital or hereditary condition that materially affects the dog’s health and that is confirmed through an appropriate veterinary diagnosis and objective medical evidence.
This guarantee is not pet insurance and does not guarantee that the puppy will remain free from every illness, disease, injury or veterinary condition during its lifetime or during its first year.
8. SHIH TZU BREED CHARACTERISTICS
Buyer understands that the Shih Tzu is a brachycephalic (short-nosed) breed and may naturally exhibit physical characteristics associated with the breed.
Normal breed characteristics, standing alone, are not considered defects under Seller’s additional health guarantee.
These characteristics may include, when not associated with a serious diagnosed disease or abnormality:
Snoring or noisy breathing associated with normal brachycephalic anatomy, reverse sneezing, tear staining, dental crowding, retained baby teeth, variations in bite, coat or pigmentation changes, and other normal cosmetic or anatomical characteristics associated with the Shih Tzu breed.
A characteristic commonly associated with the Shih Tzu breed does not automatically constitute a covered health defect simply because veterinary care or treatment is later recommended.
Nothing in this section excludes a condition that must be covered under applicable California law.
9. CONDITIONS NOT COVERED BY SELLER’S ADDITIONAL GUARANTEE
To the fullest extent permitted by California law, Seller’s additional contractual health guarantee does not cover:
Conditions acquired after transfer; injuries; accidents; communicable diseases contracted after transfer; parasites contracted after transfer; conditions caused or aggravated by neglect, improper nutrition, obesity, environmental exposure, trauma or failure to obtain appropriate veterinary care; routine dental conditions; retained puppy teeth; minor or cosmetic abnormalities that do not materially affect the dog’s health; allergies; behavioral or training issues; reproductive ability; fertility; adult size or weight; coat texture; adult color; temperament; or show quality.
Seller makes no guarantee regarding the puppy’s eventual adult size or weight.
Routine examinations, vaccinations, preventative care, grooming, dental care, spaying/neutering and ordinary veterinary expenses are Buyer’s responsibility.
Nothing in this section limits an obligation imposed upon Seller by applicable California law.
10. PROOF REQUIRED FOR A HEALTH-GUARANTEE CLAIM
Buyer is responsible for establishing that a condition qualifies under Seller’s additional one-year health guarantee.
Buyer must provide Seller with a written diagnosis from a licensed veterinarian identifying the specific diagnosed condition.
Buyer must also provide complete veterinary records relevant to the claim and, when medically appropriate, copies of laboratory reports, imaging, pathology reports, genetic testing or other diagnostic evidence reasonably necessary to establish the diagnosis and determine whether the condition is congenital or hereditary.
A veterinarian’s statement that a condition may, might or could be congenital or hereditary, without sufficient supporting medical evidence when appropriate diagnostic testing is reasonably available, does not by itself establish a claim under Seller’s additional health guarantee.
Except where otherwise required by California law, Buyer is responsible for the cost of the veterinary examination and all diagnostic testing necessary to establish the claim.
11. VETERINARY AND MEDICAL EXPENSES
After the puppy is transferred to Buyer, Buyer is responsible for the puppy’s veterinary and medical expenses.
Except where otherwise required by applicable California law, Seller will not reimburse veterinary examinations, diagnostic testing, laboratory work, imaging, genetic testing, medications, hospitalization, surgery, emergency treatment, transportation or other veterinary or medical expenses incurred by Buyer.
Seller’s additional one-year health guarantee does not constitute an agreement to pay or reimburse Buyer’s veterinary bills.
12. REPLACEMENT PUPPY — SOLE REMEDY UNDER SELLER’S ADDITIONAL GUARANTEE
If Buyer provides the required veterinary documentation and objective medical evidence establishing that the puppy has a serious congenital or hereditary condition covered by Seller’s additional one-year health guarantee, Seller’s sole contractual remedy shall be one replacement puppy of comparable value.
No cash refund or reimbursement of veterinary expenses is provided under Seller’s additional health guarantee.
The replacement puppy will be provided when a suitable puppy becomes available. Seller is not required to produce, purchase or otherwise obtain a replacement puppy immediately.
The replacement-puppy benefit may be exercised one time only.
Except where otherwise required by California law, Buyer remains responsible for veterinary expenses associated with the original puppy.
Nothing in this section limits a remedy that California law requires Seller to provide.
13. VACCINATIONS AND CONTINUING HEALTH CARE
Seller will provide Buyer with the puppy’s available vaccination and health records at the time of transfer.
Buyer understands that puppy vaccinations require a continuing vaccination schedule and agrees to consult Buyer’s veterinarian concerning future vaccinations and preventative care.
Buyer is responsible for protecting the puppy from unnecessary exposure to potentially infectious environments, unfamiliar dogs and public areas while the puppy’s vaccination series is being completed.
14. BUYER’S RESPONSIBILITIES
Buyer agrees to provide the dog with appropriate nutrition, clean water, safe housing, grooming, exercise, companionship and appropriate veterinary care throughout the dog’s life.
Buyer agrees not to neglect, abandon or intentionally mistreat the dog.
15. RETURN OR REHOMING
If at any time Buyer can no longer keep the dog, Buyer agrees to contact Debbie’s Darling Shih Tzus before surrendering the dog to an animal shelter or rescue organization.
Seller may assist Buyer in locating an appropriate new home or, if mutually agreed upon, may accept return of the dog.
A voluntary return or rehoming does not entitle Buyer to a refund unless Seller agrees otherwise in writing or a refund is otherwise required by applicable law.
16. TRANSFER OF HEALTH GUARANTEE
Seller’s additional one-year contractual health guarantee applies only to the original Buyer and is not transferable to a subsequent owner, except where applicable law provides otherwise.
17. CALIFORNIA DISCLOSURES AND PURCHASER RIGHTS
Buyer acknowledges that this Agreement is separate from any disclosure or purchaser notice required by California law.
Seller will provide Buyer with applicable California-required breeder disclosures and purchaser notices.
Nothing contained in this Agreement is intended to waive or restrict any statutory right or obligation that California law does not permit the parties to waive.
18. GOVERNING LAW AND VENUE
This Agreement shall be governed by and interpreted according to the laws of the State of California.
To the extent legally permitted, any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction in Stanislaus County, California.
19. ENTIRE AGREEMENT
This Agreement constitutes the agreement between Seller and Buyer concerning the matters addressed herein.
No verbal statement, text message, email, social-media communication, advertisement or other communication modifies the terms of this Agreement unless the modification is made in writing and agreed to by both Buyer and Seller.
If any provision of this Agreement is determined to be unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by law.
20. BUYER ACKNOWLEDGMENT
By signing below, Buyer acknowledges that Buyer has read this entire Agreement, understands its terms and agrees to be bound by them.
Buyer specifically acknowledges and agrees that:
The puppy is being purchased as a companion pet only and without breeding rights.
The puppy received a veterinary health examination before transfer.
Buyer is required to have the puppy examined by a licensed veterinarian within three (3) calendar days of taking possession to maintain Seller’s additional one-year contractual health guarantee.
Once Buyer takes possession, Buyer assumes responsibility for the puppy’s environment, care and continuing veterinary needs, except as otherwise required by applicable law.
Seller’s additional one-year health guarantee is limited to qualifying serious congenital or hereditary conditions and is not veterinary insurance or an unlimited guarantee against future illness.
Any claim under Seller’s additional guarantee must be supported by a written veterinary diagnosis and appropriate objective diagnostic evidence.
The contractual remedy for a qualifying claim under Seller’s additional guarantee is a replacement puppy, not payment of veterinary bills or a cash refund, except where California law independently requires otherwise.
By signing below, Buyer confirms acceptance of these terms.
BUYER
Printed Full Legal Name: _________________________________
Signature: ______________________________________________
Date: __________________________________________________
SELLER
Debbie’s Darling Shih Tzus
Seller Signature: ________________________________________
Date: __________________________________________________
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