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ACK Health Guarantee For Labs and Goldens

(Goldens Contract is the exact same except for Genetic Disease's and Golden Retriever in place of Labrador Retriever).

Health Guarantees. BSL offers the following health guarantees (collectively, the “Heath Guarantees”) to Buyer, in relation to the Puppy only: (i) 72 Hour Health Guarantee (as defined in Section 4 below); (ii) Limited Health Guarantee (as defined in Section 5 below); and (iii) 24-Month Hip and Elbow Guarantee (as defined in Section 6 below). If Buyer fails to meet any of the following conditions, all Health Guarantees offered in this Agreement shall be void. In order for the Puppy to be subject to the Health Guarantees:


a. Buyer must provide all routine and emergency medical care reasonably suggested by a licensed veterinarian that falls within industry standard to Puppy. Except as otherwise explicitly stated herein, all medical care provided to Puppy is the sole and exclusive responsibility of Buyer.


b. Buyer must refrain from spaying in the case of a female dog, prior to the Puppy being 13 months of age or the Puppy’s first heat cycle, whichever occurs later, or refrain from neutering in the case of a male dog, prior to the Puppy being 13 months of age.


c. Puppy must stay within a normal and healthy weight range, as determined by a licensed veterinarian.


d. Puppy must not sustain any physical trauma, abuse, or mistreatment. Any recklessness, negligence, or abuse in the care of the Puppy, whether caused by Buyer or anyone else, shall void all Health Guarantees.


e. Puppy must be given exercise that is appropriate for the age, condition, and physical capability of the Puppy. Buyer shall not start agility, heavy, or competitive field training or any activity which may cause damage to the Puppy’s bone or muscle structure until it has reached the physical maturity level to allow such activities without damage to the Puppy, but in no event earlier than 18 months of age.


f. Puppy must not have sired or whelped a litter.


g. Buyer must arrange, and Puppy must timely, receive routine vaccines and medical care recommended from a licensed veterinarian that falls within industry standard. BSL begins administering required vaccines when the Puppy is 6 weeks of age. All further vaccinations and medical care are the sole responsibility of the Buyer. At a minimum, the Puppy needs a series of 4 vaccines to protect it against canine distemper, adenovirus type 2, hepatitis, parainfluenza, updated parvovirus type 2b, and coronavirus. BSL administered the first two vaccines in the series. The next set of vaccines are due at 12 and 16 weeks. Buyer must give Puppy all the shots in the series. Puppy will also need the rabies vaccine at 16 weeks. BSL begins administering heartworm preventive medication when the Puppy is 8 weeks of age, Buyer shall be responsible for continuing the administration of heartworm preventive medication according to the recommendation of a licensed veterinarian. The failure of Buyer to arrange for the administration of any routine vaccines recommended by a licensed veterinarian that falls within industry standard to the Puppy is a breach of this Agreement.

 

h. Puppy has not developed any illness or disease from improper socialization. Until the Puppy is fully vaccinated, Buyer shall not take the Puppy to any public place, including but not limited to a dog park or pet store. It is the responsibility of the Buyer to appropriately socialize the Puppy.


Buyer’s failure to meet any of the terms and conditions in this Agreement shall void all Health Guarantees. Any serious medical treatment or euthanization conducted on the Puppy, without prior written notice to BSL, shall void all Health Guarantees.


4. 72 Hour Health Guarantee. The Puppy is guaranteed to be in Good Health (as defined below) as of the Effective Date (“72 Hour Health Guarantee”). BSL administered to the Puppy the first and second vaccines and a series of de-worming at 2,3,4,5,6,8 weeks with Nemex 2, Safeguard, and Toltrazuril. “Good Health” is defined as being free of life altering genetic defects and Life Altering Genetic Diseases that will shorten the Puppy’s life (as defined below). BSL does not guarantee the Puppy is free of the following illnesses or defects, including but not limited to, parvo, distemper, corona, umbilical hernia, external or internal parasites or bacteria, coccidiosis, giardia, undescended testicles, inverted vulva, underbite or overbite. The preceding list of illnesses and defects are not an exhaustive list. Life altering genetic defects shall be defined by the common usage within the labrador retriever breeding industry.


If, within 72 hours of the Effective Date, a licensed veterinarian finds the Puppy is not in Good Health and Buyer intends to make a claim under this Section 4, the Buyer shall notify and provide written documents to BSL within 72 hours of the finding (“Section 4 Notice”).


Upon the Section 4 Notice, BSL shall only then refund the Purchase Price less any deposit paid to Buyer (“Refund”). The sole remedy under this Section 4 is the Refund by BSL. BSL shall not refund any additional cost to the Buyer, including but not limited to shipping, taxes, or medical expenses. The expense and coordination of veterinary exam under this Section 4 is the sole responsibility of Buyer. BSL reserves the right to have the Puppy examined by a licensed veterinarian of its choice at the expense of BSL. If the Buyer’s veterinarian and BSL’s veterinarian provide conflicting diagnoses, a neutral third-party licensed veterinarian, chosen and agreed to by Buyer’s veterinarian and BSL’s veterinarian, shall make the final determination. Any expenses or costs incurred for the exam by the third-party licensed veterinarian shall be the sole responsibility of Buyer. If BSL challenges the finding of Buyer’s veterinarian, any Refund shall not be due until after the final determination of the Puppy’s health is made.


a. BSL guarantees the Puppy is free of the following genetic diseases (“Life Altering Genetic Diseases”): (i) Exercise Induced Collapse (“EIC”), (ii) Degenerative Myelopathy (“DM”), (iii) Centronuclear Myopathy (“CNM”), (iv) Progressive Retinal Atrophy (“PRA-PRCD”), (v) Retinal Dysplasia-Retinal Folds (“RD/OSD”), (vi) Hereditary Nasal Parakeratosis (“HNPK”), (vii) Stargardt (“STGD”), and (vii) Skeletal Dysplasia 2 (“SD2”). BSL tests the dam and sire of Puppy at the time of breeding. BSL does not guarantee the Puppy is free of any other genetic diseases.


5. Limited Health Guarantee. The Puppy is guaranteed to be free of life altering genetic defects and Life Altering Genetic Diseases that result in the death of a Puppy within the first two years of life (“Limited Health Guarantee”).


If the Puppy dies within the first two years of life and Buyer intends to make a claim under this Section 5, Buyer must submit a report, by a licensed veterinarian finding the cause of death of the Puppy was a life altering genetic defect or a Life Altering Genetic Disease (“Report”), to BSL within 72 hours of Buyer receiving the report (“Section 5 Notice”). If a licensed veterinarian is unable to determine the cause of death of the Puppy, Buyer shall, at its sole expense, coordinate a necropsy to determine the cause of death of the deceased Puppy. The institution performing the necropsy shall be determined by the Parties. In the event there is a dispute in deciding the institution to conduct the necropsy, BSL shall have the final decision.


Upon the Section 5 Notice, BSL shall only then Refund the Buyer. The sole remedy under this Section 5 is the Refund by BSL. BSL shall not refund any additional cost to the Buyer, including but not limited to shipping, taxes, or medical expenses. The expense and coordination of veterinary exam under this Section 5 is the sole responsibility of Buyer. BSL reserves the right to have the Puppy examined by a licensed veterinarian of its choice at the expense of BSL. If the Buyer’s veterinarian and BSL’s veterinarian provide conflicting diagnoses, a neutral third-party licensed veterinarian, chosen and agreed to by Buyer’s veterinarian and BSL’s veterinarian, shall make the final determination. Any expenses or costs incurred for the exam by the third-party licensed veterinarian shall be the sole responsibility of Buyer. If BSL challenges the finding of Buyer’s veterinarian, any Refund shall not be due until after the final determination of the cause of Puppy’s death is made.


6. Hip and Elbow Guarantee. The Puppy is guaranteed to be free of hereditary severe hip and elbow dysplasia for the first two years of life.


If the Puppy is found, by a licensed veterinarian and the Orthopedic Foundation for Animals (“OFA”), to have hereditary severe hip and elbow dysplasia and Buyer intends to make a claim under this Section 6, Buyer must have hip and elbow exam results, by a licensed veterinarian, sent to both the OFA and BSL no later than the Puppy reaching the age of 2 years of age, but no earlier than 18 months of age. Buyer must provide a copy of the licensed veterinarians and OFA findings to BSL within 10 days of the finding of hereditary severe hip or elbow dysplasia (“Section 6 Notice”). The puppy’s microchip number must be included in the veterinarian and OFA report.


Upon the Section 6 Notice, BSL shall only then Refund the Buyer. The sole remedy under this Section 6 is the Refund by BSL. The expense and coordination of the veterinary exam and OFA report under this Section 6 is the sole responsibility of Buyer. BSL reserves the right to have the Puppy examined by a licensed veterinarian of its choice at the expense of BSL. If the Buyer’s veterinarian and BSL’s veterinarian provide conflicting diagnoses, a neutral third-party licensed veterinarian, chosen and agreed to by Buyer’s veterinarian and BSL’s veterinarian, shall make the final determination. Any expenses or costs incurred for the exam by the third-party licensed veterinarian shall be the sole responsibility of Buyer. If BSL challenges the finding of Buyer’s veterinarian, any Refund shall not be due until after the final determination of the Puppy’s hereditary severe hip and elbow dysplasia is made.


7. AKC Registration. If Buyer purchases the Puppy with full American Kennel Club (“AKC”) registration, Buyer shall register the Puppy with the AKC within 12 months of the Effective Date or the date Buyer purchases the full AKC registration rights, whichever is later. The name of the Puppy for purposes of the AKC registration must end with “of BSL”. If the Puppy is sold with AKC limited registration, Buyer cannot breed the Puppy at any time.


8. Return Policy. If, during the life of the Puppy, Buyer refuses or is unable to care for the Puppy, Buyer shall, within 3 business days, notify BSL in writing, and BSL shall have the exclusive option to reclaim the Puppy or allow Buyer to rehome the Puppy. If BSL chooses to reclaim the Puppy from Buyer, Buyer shall reasonably cooperate with BSL for the transfer of the Puppy. If Buyer is located outside of the State of Ohio, Buyer shall, at its sole expense, deliver the Puppy to BSL. Buyer may not, at any time, surrender the dog to an animal shelter or rescue. Further, BSL shall have the right to reclaim the Puppy if: (i) BSL has reasonable suspicion that the Puppy is subject to any abuse, neglect, or mistreatment, BSL may only reclaim the Puppy upon written notice and an evaluation from a licensed animal welfare professional.; (ii) the Buyer rehomed the Puppy without providing written notice to BSL; or (iii) Buyer surrendered the Puppy to an animal shelter or rescue. Buyer shall be solely responsible for BSL’s costs and expenses in recovering the Puppy under this Section 8.


9. Notices. Any notices required by Buyer to BSL in this Agreement shall be in writing and shall be delivered via electronic mail and by (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; or (c) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses set forth below or to such other address as BSL may specify in writing.


Black Swamp Labradors LLC
c/o Brittany Pescara
Grand Rapids, Ohio 43522
blackswamplabradors@gmail.com


10. Disclaimer of Warranties. THE PUPPY IS SOLD “AS IS”. OTHER THAN AS EXPRESSLY STATED HEREIN, SELLER MAKES NO WARRANTIES REGARDING THE PUPPY, EXPRESS OR IMPLIED, TO INCLUDE, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS EXPRESSLY STATED HEREIN, SELLER MAKES NO PROMISES OR REPRESENTATIONS REGARDING THE PUPPY, TO INCLUDE, BUT NOT LIMITED TO, THE PUPPY’S HEALTH, THE PUPPY’S DISPOSITION, THE PUPPY’S CONFORMATION, OR THE PUPPY’S SIZE.

11. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, the total liability of BSL for any claim arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by Buyer for the Puppy, and in no event shall Seller be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits or business interruption.


12. Void of Contract. If any terms of this Agreement are not met by Buyer, the Health Guarantees shall be void.


13. Assignment. No Party may assign their rights and obligations under this Agreement without the prior written consent of the other Party. Any transfer by Buyer of the ownership of the Puppy voids all Health Guarantees and shall permit BSL to reclaim the Puppy.


14. Amendment. This Agreement may be amended or modified only by the mutual written agreement of Parties. This Agreement constitutes the entire agreement with respect to the sale and purchase of the Puppy and supersedes all prior or contemporaneous oral or written agreements, representations, warranties, or understandings in respect thereof.


15. Mediation. In the event of a dispute arising out of or in connection with this Agreement, the Parties agree to first attempt to resolve the dispute through mediation before initiating any legal proceedings. The mediation shall be initiated within 30 days of the written notice of dispute. The Parties shall share equally the costs of the mediation process.


16. Governing Law. This Agreement shall be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Agreement shall be governed by, the internal laws of the State of Ohio, without giving effect to provisions thereof regarding conflict of laws. The sole jurisdiction and venue for actions related to or arising out of this Agreement and the Parties’ performance shall be the courts of the State of Ohio sitting in Henry County. The Parties consent to the jurisdiction of such courts and waives any objection that each may have based on improper venue or forum non conveniens to the conduct of any proceeding in any such court.


17. Attorney Fees. Each Party shall be responsible for the payment of its own costs, expenses and attorneys’ fees in conjunction with the matters referred to in this Agreement. If, however, a Party commences an action to interpret or enforce any of the provisions of this Agreement, to recover damages for the breach of any of the provisions of this Agreement, or to obtain declaratory relief in connection with any of the provisions of this Agreement, the prevailing party, as determined by a court of competent jurisdiction and a final order (“Prevailing Party”), shall be entitled to recover its reasonable attorneys’ fees and costs from the other Party.


18. Section Headings. The section headings herein are for convenience of reference only, and shall not affect in any way the interpretation of any of the provisions hereof.


19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement and any amendments, to the extent signed and delivered by means of
electronic transmission (including .pdf files), shall be treated in all manner and respects and for all purposes as an original agreement or instrument.

 

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Phone # 567-218-1615

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