Puppies Direct, LLC Purchase and Terms &Use Agreement
- ALL SALES ARE FINAL – NO RETURNS – PUPPIES ARE SOLD AS IS. The buyer understands that there are no refunds and no returns. The puppy is in good health and free from any disease at the time of sale as far as can be determined by the seller / veterinarian. Buyer also acknowledges that a safe and suitable home will be provided for the puppy purchased.
- If something is wrong with your puppy please call 619-265-6287 IMMEDIATELY!
- Your puppy is up to date with shots and therefore you should not vaccinate your new puppy within the first ten days. This will help prevent over vaccinating your puppy.
- Buyer understands that puppies that are prone to hip and patella related issues require special attention to feeding and exercising. Buyer will not overfeed and or over exercise during the standard infant growth period.
- The 12 year guarantee breaks down as follows: Year (1) one 100% credit of the base price of the puppy if the puppy passes away due to any genetic or hereditary defect. Years two though twelve (2-12) a 50% credit of the base price of the puppy if the puppy passes away due to any genetic or hereditary defect. A valid certificate of death with the exact cause of death from a licensed pathologist is required to prove the cause of death. The base price of the puppy refers to the cost of the puppy and does not include the price of shipping or other service related fees.
- Buyers Acknowledgments: Buyer acknowledges that purchasing a puppy is a responsibility that entails maintaining the health of the puppy. Frequent vet visits; proper feeding of good nutrition, vitamin supplements, and the cost thereof should be expected. Buyer understands that vet bills including but not limited to viral illness, hip issues, patella issues, cancer, spaying/neutering, undescended testes, flea control, and or any other conditions that may result and or required to keep a puppy healthy is a financial commitment, and is the buyer’s sole responsibility to pay at time of service, unless otherwise covered by the HPPI warranty or state law. Not showing proof of proper care including invoices to regular wellness exams, vaccinations, and such will be considered as negligence and void this guarantee. We encourage buyer to spay or neuter their puppy. This puppy is being sold as a companion animal and not for commercial breeding purposes. We cannot guarantee the temperament of the puppy, as bad temperament can be a result due to improper socialization, discipline, and or training.
- Buyer understands that this guarantee does not cover any condition that may result from injury or neglect. This guarantee does not cover buyer’s existing pet(s) for parasites or viral illnesses that my have been contracted by the new puppy. Seller is not responsible if landlord, spouse, current pet, or any other individual disapprove of the puppy. Puppy allergies to dog food, grains, grass or environment and or any other human condition are not covered by this warranty. The following conditions are not covered by this warranty: cherry eye, hypoglycemia, cancer, or low grade heart murmurs, retained baby teeth, or any non-lifestyle changing cosmetic genetic abnormalities.
- In the event of death or severe abnormality the following must be done 1. Buyer must keep possession of the puppy at all times (unless required to be released by any state or local law enforcement official such as Animal Control or a Humane Officer). 2. Buyer is to call 619-265-6287 immediately. 3. Make an appointment for a general exam with a licensed veterinarian. If veterinarian finds no obvious signs of death such as but not limited to blunt trauma, broken ribs, burn marks in the mouth, obstructions in the throat, buyer agrees to take the puppy to a licensed pathologist and perform a GROSS AND MICRO NECROPSY (at buyers expense). Without a conclusive reason of death buyer understands that the guarantee is null and void. Furthermore buyer gives permission to Puppies Direct to have access to medical records. In the case of severe knee, elbow, or hip dysplasia within the first 30 days of possession a 100% credit of the base price of the puppy will be offered to the purchase of another puppy.
- It is the responsibility of the buyer to pay all veterinarian medical bills at the time of medical service. Buyer has the right to file a claim with instructions on Puppy Directs warranty page for reimbursement of warranty covered ailments or conditions. Seller does retain the right to a second opinion at seller’s vet of choice.
- Additional Conditions: If the buyer denies a replacement puppy within 30 days of replacement puppy offering, the seller will be under no further obligation and the buyer releases the seller from any further claims.
- English Bulldogs Guarantee Limitation: Because of the delicate nature of the English Bulldogs and common genetic health issues the English Bulldogs is only covered for 1 year. The following is not covered: Cherry Eye, Entropion, “loose hips”, elongated soft palate, small trachea, skin allergies, and or stenotic nares.
- Shipping: As soon as the puppy is ready for travel, the puppy will typically ship within 2-14 days of the date of the agreement, but sometimes a puppy may need medical attention before shipping. The final decision of shipping date for the puppy will be made by the veterinarian, with the health of the puppy being the main reason for possible delay. Delivering the puppy is arranged through third party vendors. Sometimes there may be a delay for a variety of reasons such as but not limited to, the weather and how cold and hot it is, logistics, mechanical failures of ground or air transportation or other unforeseen events. Seller shall not be responsible, directly or indirectly, for a delay including, without any limitation, those that may cause the buyer inconvenience of any type of financial loss, or shall any delay be a reason to cancel the purchase of the puppy. Buyer understands and agrees that there are no refund for flight delays, airport delays, flight cancellations. Seller is only responsible for providing the needed health certificate, vaccine records for domestic United States and Canadian flights.
- Cancellation by Buyer: In a extraordinary situation where the puppy is not deliverable within 21 days of original purchase buyer may cancel the purchase of the puppy by notifying the seller in writing via email at [email protected], and Buyer understands that an administrative fee of $495 will be retained by the Seller.
- No Other Warranties: Seller disclaims any and all implied warranties of merchantability and fitness other the guarantees set forth above.
- No Returns: As outlined in clause seven (7) Seller will not accept any return of the puppy for a cash or credit refund due to any other individuals disapproval. If Buyer has to return the puppy for any reason it will be on a surrender basis with no refund or credit. Seller is responsible for all shipping fees and arrangements. Seller will rehome the puppy though our in-house rehoming program. Another option is our Facebook rehoming program where buyer may send us a current picture of the puppy with seller’s first name and phone number and we will advertise the puppy as an “Adoption Alert” on our Facebook page. This will allow the seller to directly rehome the puppy with a new family and avoid the puppy from ending up in a shelter.
- Agreement to Mandatory Individual Arbitration. Please read this carefully as it affects your rights. Instead of suing in court, Buyer and Seller agree that any dispute, controversy or claim arising out of, or relating to, this agreement shall be resolved only by final and binding arbitration on an individual basis. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Purchaser agrees that, by entering into this agreement, Buyer and Seller are each waiving the right to a trial by jury and the right to participate in a any class or representative action. The Buyer and seller further agree as follows:
- The agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between Buyer and Seller, where based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to , claims relating to advertising; (3) claims that may arise after the termination of Purchaser’s relationship with Seller; and (4) claims that are currently the subject of purported class action litigation in which Buyer is not a member of a certified class.
- Buyer and Seller hereby agree that the Federal Arbitration Act (“FAA”) applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Buyer and Seller agree otherwise in writing, arbitration shall be (i) administered by the American Arbitration Association (AAA”), pursuant to the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA’s Rules can be found at www.adr.org.
- This agreement DOES NOT allow class arbitrations even if the procedures of rules of the AAA would. Rather, Buyer and Seller only are entitled to pursue arbitration only on an individual basis. Further, and unless Buyer and Seller agree otherwise in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and my not otherwise preside over any form of a representative or collective proceeding.
- Buyer and Seller each are responsible for their respective costs relating to counsel, experts, and witnesses.
- This arbitration agreement does not preclude the Buyer or the Seller from brining issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against on a party’s behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
- If the Buyer or Seller fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA’s Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that face-to-face hearing is necessary. Any hearing, however that is not held by telephone, shall take place in Washington County, Utah, unless the AAA arbitrator decides otherwise.
- Choice of Law: The Agreement, and any claim, controversy or dispute arising under or related to the Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.
- Severability: If any provision or provisions of this Agreement is held to be illegal, invalid or unenforceable under applicable law by the court of competent jurisdiction, the validity, legality and enforceability of the remaining provision shall continue in full force and effect and shall not in any way be affected or impaired thereby
- Entire Agreement: This agreement represents the entire agreement between the parties and no other terms or conditions shall be applicable to this sale.
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