1. Pet quality, spay/neuter
This puppy is being sold as a family pet and does not convey with breeding rights. All puppies are sold as pet quality; there are no guarantees, expressed or implied, as to adult size of puppy, show potential, temperament, or breeding soundness. It is understood that at the time of sale that the puppy is not to be used for breeding. If any breeding takes place intentionally or unintentionally the buyer agrees to pay Seller five times the purchase price of this puppy. Buyer will be given notice in writing via text message or email to notify of required payment. Seller will have 3 months from the time of notice to make payment to Seller in full.
2. Vaccination and deworming
The puppy has been wormed prior to sale and has had its first vaccinations. Record of vaccinations will be sent with the puppy. WE STRONGLY RECOMMEND THAT PUPPIES BE RESTRICTED FROM PUBLIC OUTDOOR AREAS AND EXPOSURE TO OTHER DOGS UNTIL THEIR VACCINATION SERIES IS COMPLETED AT 16 WEEKS OF AGE.
3. Vet check
Buyer is to arrange a puppy check up by a qualified veterinarian WITHIN 7 calendar days of receiving puppy (not including Sundays). Seller will not be responsible for the health of the puppy after the puppy's well status has been established at the initial well puppy check. During this initial exam, should your veterinarian detect any communicable disease or life threatening health condition, you must contact the seller immediately. In the event your vet diagnoses a communicable disease or life threatening genetic defect at the initial exam, you must return the puppy and all papers (registration, pet guarantee, shot record) to the Seller. In case of death of the puppy before the initial exam, the Buyer must submit a veterinarian's necropsy report as to the cause of death and death must be entirely due to a covered communicable disease or congenital defect. Breeder shall be notified immediately in the event your puppy has an illness, or does not eat well before the initial vet exam. Failure to have the initial vet check done within two days or to notify breeder of illness or poor eating before the initial exam will void this warranty. Breeder shall not reimburse any veterinary expenses or other expenses incurred by the buyer at any time. Breeder's warranty is limited to a replacement puppy, upon the immediate return (within 2 days of veterinarian's exam) of the puppy (uninjured and unharmed), its registration papers, and a written veterinarian's statement that includes the complete diagnosis of the communicable disease or congenital life threatening defect that makes the puppy unfit. Not covered — internal or external parasites, hernia, undescended testicles, under or overbite, injury, allergies, heat exhaustion or hypoglycemia. Hypoglycemia is preventable with good care and feeding.
4. Health guarantee
If your puppy is diagnosed with a life threatening congenital or hereditary defect before 1 year from date of birth, it will be replaced with another puppy. If your puppy is found to have any life threatening hereditary or genetic defect you must notify us immediately and supply us, within 2 days of diagnosis, with your veterinarian's written report. We reserve the right to have the diagnosis verified by another veterinarian of our choice and/or require the Buyer to have specific tests run on the puppy to verify the diagnosis before exchange. When the puppy is replaced it will be replaced with one of equal value as soon as available, after the puppy and all papers have been returned to Designer Yorkies. Buyer is responsible for all transportation cost for return of puppy. Puppy must not be euthanized without prior written approval from the breeder or this guarantee shall be void. Buyer understands that the following slight defects are not considered life threatening and therefore are not covered: hernias, undescended testicle, under or over bites, luxating patellas, and collapsing trachea. Buyer understands that the replacement option is ONLY valid when health problems are life threatening and are attributed solely to a hereditary or congenital problem and are not due to accident or injury. In case of death, a necropsy will be required to determine if death is due to a genetic or hereditary problem in order to have the puppy replaced. Buyer agrees to grant access to full medical history and all veterinary records of the puppy to verify any claim of a congenital or hereditary life threatening defect.
5. Not covered
Kennel cough and other communicable diseases are not covered after your veterinarian's initial exam. Failure to follow the veterinarian's recommended medical advice and/or treatment will void this warranty.
6. Shipping
If shipping has been approved by Breeder, arrangements will be made between Breeder and Buyer. Puppy becomes the sole responsibility of the Buyer once the breeder delivers the puppy to transport personnel and puppy is in their care.
7. Original owner
This guarantee applies only to the original owner of the puppy.
8. Resale of puppy
This puppy is not being bought for resale and shall be maintained and kept under personal control of the Buyer of this puppy, shall be given adequate housing, food, veterinarian care, and shall in no manner be mistreated, neglected, or allowed to roam freely. This puppy is to be kept as a house dog. This puppy is sold as pet quality; warranty is void if dog has been bred.
9. Shelter / rescue
If circumstances become so that the Buyer cannot keep this dog, Buyer promises not to discard the dog at any shelter, humane society, or rescue group, and to make every effort to place the dog in another suitable home. If the Buyer is unable to provide a suitable home for the dog, the dog shall be returned to the breeder.
10. Payment is final — no chargebacks
Buyer agrees by signing below that under no circumstances will payment be stopped on any check, money order, cashier's check, PayPal payments, Venmo, or any payment which the breeder had accepted for payment. Buyer further agrees that NO PayPal chargebacks, Venmo disputes, credit card chargebacks, or any other payment reversal of any kind will be initiated against Seller for any reason after payment has been accepted. Any such chargeback, dispute, or reversal shall constitute a material breach of this Agreement, and Buyer shall remain fully liable for the entire purchase price plus any payment-processor fees, collection costs, and reasonable attorney's fees incurred by Seller in recovering the funds.
11. Mutual non-disparagement
The Buyer agrees not to make public negative statements or communications disparaging Designer Yorkies, the Breeder, or its agents, products, members, directors or officers. Public communications also include electronic platforms. The Seller (including its agents, members, directors and officers) agrees not to make public negative or disparaging statements or communications about the Buyer. This clause is not violated when statements and evidence are required in response to legal proceedings in which both parties have agreed to subject themselves to resolve a dispute outside the boundaries of this contract. Including, but not limited to, evidence supplied for court filings, depositions, and hearings.
12. Agreement to terms
This agreement is a binding contract, and is the only agreement between the Buyer and Seller. Contract is to be interpreted pursuant to the laws of the State of Utah. Jurisdiction and venue to determine disputes shall be in the State of Utah. Any dispute regarding this agreement shall be brought solely in the State of Utah, and all legal issues and/or court action will be filed in the State of Utah.
I acknowledge that this is a legal and binding contract and have reviewed and agree to the terms listed above. This contract applies only to the original Buyer and is NOT transferable.
