Centerpiece Puppies Purchase Agreement
CENTERPIECE PUPPIES
PURCHASE AGREEMENT, HEALTH GUARANTEE,
AND RESERVATION AGREEMENT
DEFINITIONS
Genetic Disorder:
A congenital or hereditary condition diagnosed by a licensed veterinarian and supported by appropriate diagnostic testing. The condition must be determined, to a reasonable degree of veterinary certainty, to be congenital or hereditary in nature and not caused by environmental factors, trauma, infection, toxins, nutritional deficiencies, obesity, neglect, injury, vaccination reactions, improper care, overexertion, or other non-genetic causes.
Serious Life-Altering Condition:
A congenital or hereditary defect that substantially and permanently impairs the dog's ability to function as a companion animal and significantly reduces quality of life despite reasonable veterinary treatment.
Board-Certified Specialist:
A veterinarian certified by an AVMA-recognized specialty board in the field relevant to the claimed condition.
Business Days:
Monday through Friday, excluding federal holidays.
RESERVATION DEPOSIT
Any reservation deposit paid to Seller is non-refundable.
Seller removes puppies from public availability in reliance upon Buyer's reservation and therefore retains all deposits as liquidated damages in the event Buyer cancels or fails to complete the purchase.
At Seller's sole discretion, a deposit may be transferred to a future litter.
Deposits have no cash value and are not refundable for any reason except Seller's inability to provide a puppy substantially matching the reservation.
I. BUYER AGREES
Buyer agrees to pay the total purchase price stated above.
Buyer agrees to have the puppy examined by a licensed veterinarian within seventy-two (72) hours of taking possession.
Failure to complete the veterinary examination within seventy-two (72) hours voids the initial health guarantee.
Buyer acknowledges the puppy appeared healthy and free from obvious illness at the time of transfer.
Buyer agrees to provide appropriate nutrition, housing, exercise, socialization, training, parasite prevention, vaccinations, and veterinary care throughout the dog's life.
Buyer agrees to follow all reasonable veterinary recommendations regarding the puppy's health and welfare.
Buyer agrees to maintain the dog at a healthy body condition and proper weight.
Buyer agrees that the puppy is being purchased as a companion animal unless separate written breeding rights are granted.
Buyer agrees to spay or neuter the dog between six (6) and eighteen (18) months of age unless otherwise agreed in writing.
Buyer agrees not to breed the dog without Seller's prior written authorization.
Buyer agrees the dog shall never be sold, leased, transferred, surrendered, donated, or otherwise conveyed to:
A. A pet store;
B. A puppy mill;
C. A broker or dealer;
D. A research facility;
E. An auction;
F. A shelter or rescue organization without first contacting Seller.
If Buyer can no longer keep the dog, Seller shall be notified immediately and given the first opportunity to assist with placement or reclaim the dog.
Buyer acknowledges receipt of veterinary records.
Buyer acknowledges receipt of disclosure regarding any known defects, illnesses, injuries, or abnormalities.
Buyer assumes all risk of injury, illness, theft, loss, or death after the puppy leaves Seller's possession.
Buyer is solely responsible for all veterinary expenses after transfer.
Buyer agrees to avoid excessive repetitive impact exercise before twelve (12) months of age, including prolonged forced running, treadmill exercise, repetitive jumping, and similar strenuous activities.
Buyer grants Seller permission to use publicly available photographs of the dog for promotional and educational purposes.
II. BREEDER AGREES
Seller certifies that the puppy has received age-appropriate veterinary care, vaccinations, and deworming prior to transfer.
Seller guarantees the puppy is in good health at the time of transfer, subject to the terms of this Agreement.
72-HOUR HEALTH GUARANTEE
If within seventy-two (72) hours of transfer a licensed veterinarian determines the puppy was suffering from a serious illness or congenital defect that existed prior to transfer, Buyer may:
A. Return the puppy and receive a refund of the purchase price; or
B. Retain the puppy and waive the 72-hour guarantee.
Seller must receive written veterinary documentation of the diagnosis.
TWO-YEAR GENETIC HEALTH GUARANTEE
Seller guarantees the puppy against congenital or hereditary disorders until twenty-four (24) months of age if such disorder:
A. Causes death;
B. Necessitates humane euthanasia upon the recommendation of a licensed veterinarian; or
C. Results in a Serious Life-Altering Condition.
A covered condition must be determined, to a reasonable degree of veterinary certainty, to be congenital or hereditary in nature and not the result of environmental factors, injury, trauma, infection, toxins, nutritional deficiencies, obesity, neglect, overexertion, improper care, vaccination reactions, or any other non-genetic cause.
A covered condition must result in significant clinical impairment affecting the dog's normal function and quality of life. The existence of an abnormal radiograph, laboratory result, genetic test result, anatomical variation, carrier status, or other diagnostic finding alone shall not constitute a covered condition absent evidence of substantial functional impairment.
Examples of covered Serious Life-Altering Conditions may include, but are not limited to:
A. Severe hip dysplasia resulting in substantial functional impairment or requiring surgical intervention;
B. Severe elbow dysplasia resulting in substantial functional impairment or requiring surgical intervention;
C. Congenital heart defects resulting in significant cardiac dysfunction, heart failure, or materially reduced life expectancy;
D. Congenital portosystemic shunts (liver shunts) resulting in significant impairment or requiring surgical correction;
E. Severe hereditary eye disorders resulting in blindness or substantial permanent vision loss;
F. Congenital kidney disorders resulting in chronic renal failure or significant lifelong impairment;
G. Severe hereditary neurological disorders confirmed by a board-certified veterinary neurologist and resulting in substantial functional impairment; and
H. Other congenital or hereditary disorders that permanently and substantially impair the dog's ability to function as a companion animal despite reasonable veterinary treatment.
Coverage applies only to conditions determined to be congenital or hereditary in nature.
CONDITIONS SPECIFICALLY EXCLUDED
The following conditions and circumstances are specifically excluded from all guarantees:
A. Parasites, including but not limited to worms, giardia, coccidia, fleas, ticks, mites, and similar organisms;
B. Stress-related digestive upset, diarrhea, vomiting, appetite changes, or transient gastrointestinal disturbances;
C. Ear infections;
D. Eye infections;
E. Allergies, atopy, environmental sensitivities, contact sensitivities, allergic skin disease, and related conditions;
F. Food allergies, food intolerances, and food sensitivities;
G. Vaccine reactions or adverse reactions to medications;
H. Behavioral concerns, temperament concerns, anxiety, fearfulness, reactivity, aggression, or training-related issues;
I. Injuries occurring after transfer regardless of cause;
J. Poisoning, toxin exposure, environmental hazards, or accidental ingestion of harmful substances;
K. Foreign body ingestion or gastrointestinal obstruction;
L. Cosmetic defects or conditions that do not materially affect health or function;
M. Retained deciduous teeth;
N. Missing teeth, malocclusions, bite irregularities, or dental abnormalities that do not substantially impair normal function;
O. Umbilical hernias not requiring surgical correction;
P. Reproductive abnormalities, infertility, reduced fertility, breeding performance concerns, or reproductive diseases;
Q. Cryptorchidism (retained testicles);
R. Conditions arising from neglect, abuse, malnutrition, obesity, improper care, inadequate veterinary care, failure to follow veterinary recommendations, or overexertion;
S. Mild, moderate, borderline, incidental, asymptomatic, or non-disabling orthopedic findings that do not result in substantial functional impairment;
T. Radiographic abnormalities, OFA findings, PennHIP findings, laboratory abnormalities, genetic test results, carrier status, anatomical variations, or incidental diagnostic findings that do not produce significant clinical impairment;
U. Hypothyroidism, thyroid dysfunction, endocrine disorders, or hormonal disorders unless specifically determined by a board-certified specialist to be part of a covered congenital or hereditary disease process causing a Serious Life-Altering Condition;
V. Autoimmune disorders unless a board-certified specialist concludes the disorder is more likely than not congenital or hereditary in origin and meets the definition of a Serious Life-Altering Condition;
W. Cancer, neoplasia, tumors, or oncologic disorders unless diagnosed before twenty-four (24) months of age and a board-certified veterinary oncologist concludes the condition is more likely than not hereditary in origin and meets the definition of a Serious Life-Altering Condition;
X. Idiopathic epilepsy, seizure disorders of unknown origin, and neurological disorders for which a hereditary or congenital cause cannot reasonably be established;
Y. Conditions potentially caused by trauma, infection, toxins, metabolic disorders, nutritional deficiencies, liver disease, hypoglycemia, environmental exposure, vaccination reactions, or any other non-hereditary cause.
SEIZURE AND NEUROLOGICAL PROVISIONS
Any claim involving seizures, epilepsy, tremors, neurological deficits, neurological disease, or similar conditions must be supported by a written diagnosis from a board-certified veterinary neurologist.
The neurologist must conclude that the condition is more likely than not hereditary or congenital in nature and that the condition results in a Serious Life-Altering Condition.
Idiopathic epilepsy, seizure disorders of unknown origin, and neurological conditions for which a hereditary cause cannot reasonably be established are specifically excluded.
SPECIALIST REQUIREMENTS
Claims involving orthopedic disorders must be supported by a written diagnosis from a board-certified veterinary surgeon or board-certified veterinary orthopedic specialist.
Claims involving cardiac disorders must be supported by a written diagnosis from a board-certified veterinary cardiologist.
Claims involving ophthalmologic disorders must be supported by a written diagnosis from a board-certified veterinary ophthalmologist.
Claims involving hepatic, renal, or internal medicine disorders must be supported by a written diagnosis from a board-certified veterinary internal medicine specialist.
Claims involving neurological disorders must be supported by a written diagnosis from a board-certified veterinary neurologist.
CLAIMS PROCEDURE
Buyer must notify Seller in writing within five (5) business days of diagnosis.
Buyer shall provide complete veterinary records upon request.
Seller reserves the right to obtain an independent veterinary opinion.
Seller may require DNA verification of parentage.
Seller must be notified before euthanasia unless emergency circumstances make prior notice impossible.
For any death claim, Buyer must provide:
A. Veterinary records;
B. Written statement from the attending veterinarian;
C. Necropsy report performed by a licensed veterinary pathologist;
D. DNA verification if requested.
REMEDY FOR COVERED CONDITIONS
If a covered Genetic Disorder is confirmed and all terms of this Agreement have been satisfied, Buyer may elect one of the following remedies:
A. Replacement Puppy
Seller shall provide one replacement puppy of comparable quality from a future available litter. Buyer may retain ownership of the affected dog.
OR
B. Refund of Purchase Price
Buyer may return ownership of the dog to Seller and receive a refund equal to the original purchase price paid.
Buyer is entitled to only one remedy.
Seller shall never be required to provide both a replacement puppy and a refund.
The determination of a covered condition shall not entitle Buyer to reimbursement of veterinary expenses, diagnostic expenses, specialist fees, travel expenses, transportation expenses, boarding expenses, medications, surgery costs, or any other costs except as expressly provided in this Agreement.
VOIDING OF ALL GUARANTEES
The guarantees contained herein are void if:
A. The dog is neglected, abused, or intentionally mistreated;
B. The dog is significantly underweight or overweight and such condition contributes to the claimed disorder;
C. The dog suffers injury or trauma contributing to the claimed condition;
D. The dog is bred without Seller's prior written authorization;
E. Buyer fails to provide routine veterinary care;
F. Buyer fails to follow reasonable veterinary recommendations;
G. Ownership is transferred from the original Buyer;
H. Buyer fails to comply with any material provision of this Agreement;
I. Buyer fails to timely provide requested veterinary records or documentation relating to a claim.
LIMITATION OF LIABILITY
Seller's total liability under this Agreement shall never exceed the original purchase price paid for the puppy.
Seller shall not be liable for:
A. Veterinary expenses;
B. Specialist fees;
C. Medications;
D. Diagnostic testing;
E. Transportation costs;
F. Travel expenses;
G. Boarding costs;
H. Training costs;
I. Grooming costs;
J. Emotional distress;
K. Loss of companionship;
L. Lost income;
M. Breeding losses;
N. Consequential damages;
O. Incidental damages;
P. Punitive damages;
Q. Any expense not expressly provided for in this Agreement.
MEDIATION AND ARBITRATION
Prior to filing any lawsuit, the parties agree to participate in good-faith mediation.
If mediation is unsuccessful, all disputes arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration.
Arbitration shall be conducted in the State of Colorado under the rules of the American Arbitration Association or another comparable arbitration provider mutually agreed upon by the parties.
The arbitrator's decision shall be final and binding upon both parties.
The prevailing party shall be entitled to recover reasonable attorney fees and costs to the extent permitted by applicable law.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
Any mediation, arbitration, or court proceeding relating to this Agreement shall occur exclusively within the State of Colorado.
Buyer expressly consents to personal jurisdiction and venue in Colorado.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between the parties.
No oral statements, advertisements, social media posts, emails, text messages, website content, brochures, or other representations shall modify this Agreement unless in writing and signed by both parties.
This Agreement is non-transferable and applies only to the original Buyer.
If any provision of this Agreement is found unenforceable, all remaining provisions shall remain in full force and effect.
Failure by Seller to enforce any provision shall not constitute a waiver of future enforcement.
Headings are provided for convenience only and shall not affect interpretation of this Agreement.
Buyer acknowledges having read, understood, and voluntarily accepted all terms of this Agreement.