A non-refundable litter reservation fee of $500 ("Litter Reservation Fee") has been paid to Breeder. The reservation fee shall be applied to the final Purchase Price (defined below). Buyer acknowledges that Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected. Buyer acknowledges that the reservation fee is non-refundable in all circumstances. However, if a puppy/dog that meets Buyer's identified preferences is not available when it becomes Buyer's turn to pick a puppy/dog from the selected litter, Buyer may elect to have the reservation fee transferred to the next litter for an administration fee of $250.
The full purchase price is agreed with the balance due in full (a) at least one week before the puppy/dog is delivered to Buyer (paying by check), or (b) upon Buyer's pickup of the puppy/dog if paying in cash, wire transfer. Any shipping, flight, and handling expenses are the responsibility of and shall be paid by Buyer. All payments due under this Agreement shall be made in US Dollars and paid to Breeder.
The puppy/dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited. If at any time the puppy/dog has produced any offspring, (a) all of Breeder's warranties set forth in this Agreement will become null and void.
Breeder represents and warrants the following:
4 (a) - Ownership. Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to Buyer. Ownership of the puppy/dog will be transferred to Buyer upon Buyer's payment of the full Purchase Price.
4 (b) - State of Health; Short-Term Health Warranty. The puppy/dog was previously examined by a licensed veterinarian and was found to be in good health at that time and has had the health records provided to Buyer. Buyer, at its own expense, must have the puppy/dog examined by a licensed veterinarian within 72 hours if Buyer receives the puppy/dog between the weeks of 6-12 (or a longer period of time with Breeder's prior written consent if Buyer notifies Breeder that Buyer is unable to obtain an examination because of reasons related to COVID-19) of receiving the puppy/dog (the "Examination Period") for the guarantee in this section to be valid. If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unfit for sale, the puppy/dog may be returned to Breeder for a full refund of the Purchase Price. The veterinarian must provide a written statement deeming the puppy/dog "unfit for purchase", which must be sent to Breeder within 48 hours of the veterinary examination. The foregoing guarantee does not include but is not limited to: (x) any health issues caused by Buyer's ill-treatment, abuse or neglect, (y) any health issues that result from the puppy/dog's transportation from Breeder to Buyer and (z) all minor illnesses and health issues, including but is not limited to upper respiratory infections, allergic reactions, stress colitis/diarrhea, skin rashes/lesions, internal or external parasites including but is not limited to giardia, or contagious viruses (including but is not limited to canine parvovirus, bordetella, lepto, distemper), UTIs, vaginitis, bladder infection, kinked tail, coccidia, internal/external parasites, undescended testicles, hip/elbow dysplasia, fungal infections, bacterial infections, viral infections, and/or umbilical hernias.
4 (c) - Returns/Refunds. If it is determined by a licensed veterinarian that the puppy/dog was "unfit for purchase", the Buyer may keep the puppy/dog and receive reimbursement for any veterinary expenses related to the illness provided that such reimbursements will not exceed the Purchase Price amount minus the initial reservation fee.
4 (d) - There is no joint coverage on the puppy. This is due to joints being largely impacted by environmental factors as the puppy grows. This is especially true for puppies raised on the islands, where indoor living on TVP, tile, wood, and hard surface flooring, additionally being active on sand can negatively impact joint development and growth.
4 (e) - No Other Warranties. No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an "as is" condition, except as expressly and specifically set forth herein.
4 (f) - Buyer acknowledges and agrees that Breeder cannot and does not guarantee any specific qualities of the puppy when it becomes an adult.
Buyer agrees to the following:
5 (a) - Proper Care. Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, and proper and sufficient nutrition. Buyer will provide proper veterinary care throughout the puppy/dog's lifetime, including but not limited to routine vaccinations and/or titers to maintain the puppy/dog's immunity to common canine diseases.
5 (b) - Veterinary Care. Buyer will also provide the following veterinary care: (i) routine vaccinations and/or titers to prevent common infectious diseases; (ii) routine treatment for internal and external parasites; and (iii) annual examination by a licensed veterinarian.
5 (c) - Care to Prevent Orthopedic Conditions. Buyer will also provide the following care:
i. - Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight; Buyer will provide high quality food including NutriSource, Akana and/or NULO, any protein. Protein to be changed monthly or every bag.
ii. - Proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging, hiking) until the puppy/dog is full grown or the activity is approved by a licensed veterinarian; and
iii. - Avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller than itself at the shoulder, Including not allowing puppy to transverse sand and not transversing stairs, no jumping in and out of vehicles, until the puppy/dog is full grown or the activity is approved by a licensed veterinarian.
5 (d) - Sale Prohibition. Buyer is not acting as an agent in the purchase of the puppy/dog. Buyer agrees neither the puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes of vivisection or research. Buyer also agrees neither the puppy/dog, nor any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house or pet store.
5 (e) - Restrictions on Transfer. If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer's death or incapacity), at Breeder's sole election, the puppy shall be rehomed by Buyer with Breeder's prior written approval, without any refunds or payments due to Buyer.
5 (f) - Spay/Neuter Provision. The right to ownership of the puppy/dog is conditioned upon Buyer paying all costs and expenses to spay/neuter the puppy/dog no later than the age of 24 months and providing proof of such spaying/neutering to Breeder immediately upon completion.
5 (g) - Breach by Buyer. Buyer's breach of any of the foregoing obligations shall result in Breeder's warranties set forth in this Agreement being null and void.
Both parties agree to promptly notify the other of any change of address, email or phone number. Buyer agrees to (a) maintain contact with Breeder regarding the puppy/dog at least once each calendar year, and to reply as promptly as possible to inquiries about the puppy/dog from Breeder; (b) inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel Club or other registr(y)(ies) and (c) inform Breeder of any major change in the health of the puppy/dog throughout the puppy/dog's life, including, but not limited to, cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders or autoimmune disease, and behavior problems particularly fear, anxiety or aggression. Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal's death.
If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
The Buyer agrees not to make public negative statements or communications disparaging The Breeder or its agents, products, members, directors or officers. Any public negative comments will be considered defamatory and slanderous and VOID the Health Guarantee Portion of this agreement. 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 is 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.
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Hawaii without regard to the conflicts of laws provisions thereof.
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
Breeder and Buyer have executed this Agreement effective as of the Effective Date.
