HEALTH GUARANTEE AGREEMENT

 

 

This is a Health Guarantee between the buyer [hereinafter "BUYER"] of a puppy from the seller Happy Tail Puppies LLC [hereinafter "HTP"].  In consideration for money received for said puppy, HTP hereby warrants the health and welfare of said puppy as follows:

 

 

Limited Warranty of Happytail Puppies LLC 

 

———1.)10 YEAR PUPPY REPLACEMENT GUARANTEE

In order to qualify for our puppy replacement guarantee we require you to purchase Vitadawg at the time of purchase. With Proof of staying on the Vitadawg quarterly or yearly auto ship program or lifetime purchase we will offer a replacement puppy for the first 10 years of your puppy's life for any conditions related to Hereditary or Congenital abnormalities. Vitadawg must be purchased prior to the puppy's arrival or customer pickup in order to qualify. Be sure to ask your puppy consultant about our special discount offers! 

 

———2.)10 YEAR PUPPY REPLACEMENT GUARANTEE

In order to qualify for our puppy replacement guarantee we require you to insure from the date of purchase.  With proof of major medical Pet Insurance in place of owning your new puppy we will offer a replacement puppy guarantee for the first 10 years of your puppy's life for any conditions related to Hereditary or Congenital abnormalities.  Enrollment must occur and coverage must be in place prior to the puppy's arrival or customer pickup in order to qualify.

At this time we are not selling or recommending any particular pet insurance company.  As a puppy parent you are free to choose any company of your choice.  Just be sure to have your policy in place in order to receive or pick up your new puppy.  Thank you for your cooperation!

 

_____ 3.) HAPPYTAIL PUPPIES, LLC. (HEREINAFTER “SELLER”) HEREBY WARRANTS TO MAKE EVERY EFFORT TO PROVIDE A HAPPY, HEALTHY PUPPY AT THE TIME OF SALE TO THE BUYER (HEREINAFTER “BUYER”), SUBJECT TO THE TERMS AND CONDITIONS OUTLINED BELOW. 

 

_____ 4.) SELLER EXPRESSLY WARRANTS TO DISCLOSE ANY HEALTH CONDITIONS KNOWN TO SELLER AT TIME OF SALE. ALL PURCHASERS ARE HEREBY PUT ON NOTICE THAT CHANGES IN DIET AND/OR SURROUNDINGS MAY INCREASE SUSCEPTIBILITY OF STRESS RELATED COMPLICATIONS OR HEALTH PROBLEMS. 

 

_____ 5.) SELLER EXPRESSLY WARRANTS AGAINST PARVOVIRUS, DISTEMPER, HEPATITIS, CORONA VIRUS FOR TEN (10) DAYS FROM DATE OF PURCHASE. SELLER FURTHER EXPRESSLY WARRANTS AGAINST HEREDITARY AND CONGENITAL DEFECTS FOR ONE (1) YEAR OF PURCHASE DATE. SELLER HEREBY NOTIFIES BUYER THAT ANY AND ALL WARRANTIES PROVIDED HEREIN SPECIFICALLY EXCLUDE HYPOGLYCEMIA (LOW BLOOD SUGAR). PURCHASER’S FAILURE TO PROVIDE WRITTEN NOTICE TO SELLER OF ANY CLAIM ARISING FROM ANY WARRANTY OUTLINED HEREIN, HEREBY CONSTITUTES A FULL AND COMPLETE WAIVER OF SAID WARRANTY AND RENDERS SAID WARRANTY NULL AND VOID. FURTHER, WHEN MAKING A CLAIM UNDER THIS WARRANTY, PURCHASER MUST PROVIDE SELLER WITH A STATEMENT FROM A LICENSED VETERINARIAN. SAID STATEMENT MUST INCLUDE A DIAGNOSIS AND PROGNOSIS. SELLER RESERVES THE RIGHT TO HAVE ANY AND ALL PUPPIES EVALUATED BY A LICENSED VETERINARIAN OF SELLER’S CHOICE. 

 

_____ 6.) ANY ACCIDENTS, INJURY OR HEALTH PROBLEM NOT EXPRESSLY WARRANTED HEREIN IS SPECIFICALLY EXCLUDED FROM ANY AND ALL WARRANTIES PROVIDED BY SELLER, WHETHER EXPRESS OR IMPLIED. 

 

_____ 7.) PURCHASER’S FAILURE TO MAINTAIN CURRENT PUPPY VACCINATIONS OR MAINTAIN CURRENT AND CONTINUAL CARE OF A LICENSED VETERINARIAN FROM THE DATE OF PURCHASE HEREBY VOIDS ANY AND ALL WARRANTIES OUTLINED HEREIN, WHETHER EXPRESS OR IMPLIED. PURCHASER’S FAILURE TO HAVE SAID PUPPY EVALUATED BY A LICENSED VETERINARIAN WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF PICKUP OR DELIVERY HEREBY VOIDS AND WAIVES ANY AND ALL WARRANTIES GUARANTEED HEREIN, WHETHER EXPRESS OR IMPLIED.

 

 _____ 8.) SELLER WARRANTS TO SELL ONLY PET QUALITY PUPPIES FOR COMPANION PURPOSES ONLY AND HEREBY MAKES NO GUARANTEE THAT ANY PUPPY SOLD BY SELLER IS SHOW QUALITY OR BREEDING QUALITY. HAPPYTAIL PUPPIES DOES NOT GUARANTEE OR WARRANTY THE DNA OF YOUR PUPPY.

 

_____ 9.) SELLER HEREBY NOTIFIES BUYER THAT TESTICLES ARE NOT GUARANTEED TO DROP AND FEMALES ARE NOT GUARANTEED TO REPRODUCE. 

 

_____ 10.) IF PURCHASER BELIEVES A PUPPY SUFFERS FROM ANY DISEASE OR DEFECT SPECIFICALLY OUTLINED HEREIN, PURCHASER MUST NOTIFY SELLER IN WRITING BEFORE THE VETERINARIAN ASSISTANCE IS OBTAINED. FAILURE TO NOTIFY SELLER AS OUTLINED HEREIN CONSTITUTES A WAIVER AND HEREBY VOIDS ANY AND ALL WARRANTIES PROVIDED HEREIN, WHETHER EXPRESS OR IMPLIED. 

 

_____ 11.) UPON A VALID CLAIM UNDER THE WARRANTIES OUTLINED IN PARAGRAPH 5, ABOVE, SELLER HEREBY WARRANTS TO ISSUE A CREDIT FOR THE FULL PURCHASE PRICE TOWARDS A REPLACEMENT PUPPY. NO REFUNDS WILL BE GIVEN, UNDER ANY CIRCUMSTANCES. 

 

_____ 12.) SELLER HEREINAFTER DISCLAIMS ANY WARRANTY NOT EXPRESSLY WARRANTED AND ENUBERATED HEREIN. 

 

_____ 13.) THE WARRANTIES CONTAINED HEREIN ARE NOT TRANSFERABLE TO ANY PERSON FOR ANY REASON.

 

 _____ 14.) SELLER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE PUPPY(S) BEING SOLD. 

 

_____ 15.) IN THE CASE OF SUDDEN DEATH, WE REQUIRE A NECROPSY TO BE PREFORMED IN ORDER TO FILE A FULL REPLACEMENT WARRANTY CLAIM.  AS A COURTESY, HOWEVER, HTP WILL OFFER A 50% DISCOUNT OFF THE PURCHASE OF A NEW PUPPY (UP TO $2000) IF YOU ARE UNABLE OR CHOOSE NOT TO GET AN NECROPSY PREFORMED.  

 

_____ 16.) SELLER AND BUYER AGREE THAT THE BUYER WILL HAVE THE FULL RIGHT TO EXAMINE THE PUPPY OR PUPPIES BEING SOLD, OR TO REFUSE TO SO EXAMINE, AND THE SELLER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AS TO THE PUPPY OR PUPPIES WITH REGARD TO ANY DEFECT THAT AN EXAMINATION SHOULD HAVE REVEALED TO THE BUYER IN THE CIRCUMSTANCES. 

 

 

———17.) We will not accept warranty claims from Banfield Pet Hospitals (Banfield is associated with Petsmart Pet Supplies), Thrive  (Petco's vet office) or any other veterinarians that don’t accept breeder vaccine records. This decision is based on the reputation of overcharging clients and vaccinating over vaccinations, which is not healthy for your puppy. 

 

 

———18.) Happytail Puppies, LLC will not assume any liability for Parvo, Distemper, Corona, Coccidia, Giardia, Campylobacter or injuries made to the puppy after your puppy has left our care by delivery or pick up. All puppies, under the care of our licensed veterinarian, will be sent to their new home with their medical records. This guarantee does not include kennel cough or other respiratory infections and aspiration pneumonia (commonly caused by vomiting during travel). Kennel Cough is self-limiting and like the common cold, it must run its course. Full recovery is expected and kennel cough on its own is not life threatening. When detected early, all are simple to treat and should never be a cause of death. 

 

 

 

———19.) This guarantee excludes luxating patella, congenital hip disease and lung worm. Genetic conditions we do not guarantee are inguinal and umbilical hernias, and recessed testicles. These conditions can be remedied easily, when your puppy is spayed or neutered. To remedy them prior to spaying or neutering your puppy could experience a tremendous amount of stress, which could cause additional under-line health issues. This health guarantee also excludes, what in some breeds, is considered normal, cherry eye, entropion, “loose” hips, skin allergies, elongated soft palate and stenotic nares. Heart murmurs, grade 1 or 2, represent no threat to your puppy and will not be included in the health guarantee.

 

 

 

_____ 20.) ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR EXCHANGES. 

 

 

BY INITIALLING BESIDE EACH NUMBERED PARAGRAPH, PURCHASER HEREBY ACKNOWLEDGES THAT (1) I HAVE RECEIVED, READ AND REVIEWED A COPY OF THE FOREGOING LIMITED WARRANTY OF HAPPYTAIL PUPPIES, LLC; AND (2) THAT I UNDERSTAND MY OBLIGATIONS AS A PURCHASER, INCLUDING BUT NOT LIMITED TO NOTIFYING SELLER AS OUTLINED IN PARAGRAPH 5 ABOVE. 

 

 

The parties agree that this is the full Health Guarantee between them, and there are no other written or verbal agreements outside of this AGREEMENT whatsoever. The parties agree that they have read and fully understand ALL elements of this AGREEMENT.  The parties further agree that should a legal dispute arise between them, the parties agree to BINDING ARBITRATION Only with said ARBITRATION taking place in the city Wentworth in the county of Rockingham, NC, following the rules of BINDING ARBITRATION as set forth by the American Arbitration Association as of the date of this AGREEMENT.

 

ALL SALES ARE FINAL 

Puppy Name 

 


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Buyer's Signature                                                                                                                

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HTP Agent Signature                                                                                                            

 

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