The Shih Tzu Nursery

Health Guarantee And Puppy Purchase Agreement

With Limited AKC

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Full Name of the Buyer:

First

Last

Buyer Email

Buyer Phone:

Buyer Address

Address Line 1

Address Line 2

City

State

Zip Code

Breed:

Sex of the puppy:

Dog Coloring:

Birthday of Puppy:

Date of commitment to adopt:

Fee:

Reservation Deposit Received:

Puppy Pickup Date:

Microchip#:

Please write in your own words what adopting this puppy means to you and/or your family. What are you most excited about?

Section 1 - Terms and Definitions

From here on out "TSN LLC" or "The Shih Tzu Nursery" will be referred to as “Seller” or “Breeder”. The "Buyer" is defined as the person filling out and signing this agreement; hereafter known as the "Buyer" or "Adopter".

Section 1 - Payment (copy)

The balance is due at pickup, payment is cash only.

Section 2 - Right To Sell

TSN LLC has full legal right to sell the puppy aforementioned in this legally binding agreement.

Section 3 - Health

TSN LLC guarantees that the puppy is in good health at the time of sale.

Section 4 - Pet Quality

This puppy is being sold as pet and does not convey with breeding rights or papers.

Section 5 - Health Guarantee

THE SHIH TZU NURSERY, LLC., here on out referred to as TSN LLC, certifies that upon puppy transfer, the dog is in good health and has been immunized and dewormed per the health record given at the time of sale. Further, TSN LLC warrants the puppy for up to TWO YEARS following the puppy’s TRANSFER DATE, for non-treatable life-threatening genetic health issues. Buyer must take the puppy to a licensed veterinarian within 72 hours, not including weekends, of taking possession of the puppy & copies of a vet visit & any labs must be supplied to the breeder for this guarantee to be honored. If Puppy transfer is the day Buyer (or Buyer’s appointee) picks up a puppy from Breeder’s home. Congenital defects are only if your puppy develops a condition that dates back to the fetal stage and this condition would severely impact the quality of life short of euthanasia. The Buyer must give full access to all veterinary records of the aforementioned dog to TSN LLC when utilizing the Health Guarantee, and the microchip number on health records must match the microchip number in this agreement.

Section 6 - Fulfillment of Health Guarantee

If the health guarantee would need to be exercised, the puppy will need to be returned to the breeder and you will receive a replacement puppy of equal value. If applicable, all return shipping charges are the responsibility of the Buyer. However, TSN LLC will pay shipping charges for the replacement puppy. All veterinary charges incurred to the buyer are the sole responsibility of the buyer, TSN LLC is not liable or responsible to reimburse the buyer under any circumstance. In any case, the puppy is not allowed to be destroyed prior to notifying TSN LLC & receiving written consent.

Section 7 - In Case of Death

In the awful case of death due to a congenital or hereditary defect within the guaranteed period (2 years), please contact TSN LLC immediately. TSN LLC will replace the puppy at no cost to the Buyer within a 12-month period. If the Buyer would like more time to grieve, TSN LLC can replace the puppy up to 12 months after death. Breeder has the right to request a complete autopsy report completed by a licensed veterinarian stating the cause of death & linking the cause of death to a congenital or hereditary defect. Such a veterinary report could be required before a replacement puppy is given.

Section 8 - Right To Refuse A Sale

Breeder reserves the right to cancel agreement before puppy officially transfers ownership, including on the date of puppy pick-up or delivery. In the event that this occurs, Seller will reimburse all monies paid to Seller by Buyer. Seller will not be responsible for reimbursing Buyer any money for items purchased or costs incurred in the preparation of pet or in travel to see, visit, purchase, or prepare for pet.

Section 9 - Major Organ Coverage

The conditions covered under the Health Guarantee are limited to the heart, lungs, kidneys, and liver only.

Section 10 - Not Guaranteed

Treatable health problems that are not serious when attended timely & properly, or can be remedied by medication or surgery, even if they are genetic or common in the breed. These include but are not limited to ear infections, hyperglycemia, parasites i.e. worms, giardia, and coccidia, pinched nostrils, hernias, retained testicle, cherry eye, dry eye, viral illnesses, endocrine disorders, cancer, bone or joint disease, impairment of sight or hearing. There are certain disorders that may be caused by environmental factors, i.e.: allergies, thyroid dysfunction, and other autoimmune disorders that are also not covered by this guarantee. The Breeder is also not financially responsible if any of these diagnoses’ is given by Buyer’s vet during the health guarantee time period. The health guarantee does not include any preventable problem caused in the Buyer’s care (heat stroke, exhaustion, dehydration, hyperglycemia, physical injury, ingestion of foreign objects, chemicals, or food, etc.) or any contagious disease/parasites.

Section 11 - Replacement Puppy

In the event that this guarantee is exercised, it would be subject to the availability of another litter, as Breeder will not over-breed for any reason. It could take months from the date we are notified through a letter from a licensed vet explaining the medical problems and defining them as a direct genetic link to our breeding program. Buyer will receive a replacement puppy of equal or lesser value from litters born up to 12 months after the incident. The replacement will be up to the discretion of the Breeder. If the same sex and color of puppy are not available, if agreeable by both parties, Breeder may replace the said puppy with the opposite sex or different color puppy of equal or lesser value. However, if not agreeable by both parties, the Buyer must wait for the first available same-sex puppy to be born for their replacement. When available, the Buyer must accept replacement from litters born within a year of exercising the “health guarantee,” choosing not to will forfeit all monies paid and the guarantee signed by both parties.

Section 12 - Vaccination, Deworming, and Probiotics.

TSN LLC has completed age & weight appropriate vaccinations and parasite control medications prior to the transfer of ownership. TSN LLC will not warranty the puppy against any adverse reaction to future vaccinations given to the puppy under the care of the Buyer. If under the Buyer’s care, the puppy is re-vaccinated before the four-week interval, or new vaccinations are given to the puppy at the same time or within two weeks of others, or any Leptospirosis vaccine is given, the Health Guarantee will be null and void. It is the responsibility of the Buyer, not the Buyer’s veterinarian, to ensure these vaccination rules are followed. Puppies are susceptible to a variety of species of intestinal worms & parasites, including Giardia & Coccidia. Your puppy will receive industry-standard parasite control and we will not release a puppy that shows signs of illness. Unfortunately, some parasites remain attached to the intestinal wall and, when a puppy is stressed, these may begin to shed and cause a positive lab finding or an infection. For this reason, a fecal lab test must be run during your initial vet visit. It causes us as much anguish to learn of this from a Buyer but we now accept that all of our efforts may not be successful. If your vet gives you a diagnosis of Giardia or Coccidia, please call TSN LLC and let us know. Neither of these are serious unless left untreated. Buyer agrees to give the puppy a daily dose of probiotics during its transition period and up until a month after a negative fecal test is received. It is advised to give daily for the entirety of the puppy’s life.

Section 13 - No Guarantee on Traits

It is impossible to guarantee the exact size, color, and temperament of any puppy when fully grown, so there is no guarantee of size, color, confirmation/show quality or behavior of the puppy. The estimated adult weight applied to the puppy is only a best guess, not a guaranteed promise. The color of the puppy’s coat may also change as the puppy matures. Behavior, trainability, and what the puppy can & cannot tolerate, are also best guesses and not guaranteed. In the event a puppy should be deemed not healthy or not fit for placement while still in TSN LLC’s care, the Buyer has the option of a deposit refund, choosing another puppy if available, or rolling over any monies paid to the next upcoming litter. If another puppy of the same sex, color, and size is not available within 12 months of the original deposit date, Breeder agrees to reimburse the Buyer of the full deposit.

Section 14 - Spay/Neuter Agreement

This puppy is sold without breeding rights. This means Buyer agrees to have the puppy spayed/neutered at the appropriate age recommended by the Buyer’s veterinarian and before their first birthday. TSN LLC is not responsible for any health complications including death due to Spay/Neuter. Buyer agrees that they will make sure to run appropriate tests before spay/neuter to make sure dog can withstand surgery. Proof of Spay or Neuter must be sent to the Seller by the time the puppy is 1 year old and the medical facility document MUST include the microchip number affiliated with the puppy and signed by the attending surgeon. In some cases, Breeder will confirm with veterinarian’s office. If the puppy has not been sterilized by its first birthday, the Buyer agrees they will contact TSN LLC with a written statement from Buyer’s licensed veterinarian to wait longer and the reason(s) as to why. If there is no medical necessity to wait longer, but Buyer wants to wait longer based on medical beliefs, TSN LLC needs to receive an email from Buyer explaining why and a plan on when the surgery will take place. Permission in this case will need to be granted in writing to Buyer from TSN LLC. Please plan accordingly. If puppy or puppies are intentionally or accidentally produced from female or male dog sold under this agreement, Buyer agrees to pay Breeder a fine of $15,000 per litter produced plus reimbursement of any attorney fees TSN LLC had to incur. If a litter is born as a direct descendant of this offspring, should there be any, Buyer is also held liable & responsible to pay TSN LLC $15,000 per litter produced, intentionally or accidentally. Buyer agrees to pay the fine in full within 90 days of notification from TSN LLC. Payment will need to paid by cash, Zelle, or Venmo to TSN LLC. If the Buyer fails to pay the fine within the set time frame above, TSN LLC will seek Legal Aid in recovering the damages and Buyer will also be responsible for all attorney and filing fees incurred by TSN LLC in an attempt to recover the damages. If a situation were to arise, TSN LLC has stored DNA of each puppy they produced. If necessary, Buyer agrees to DNA testing at the request & expense of Breeder – DNA testing would be performed by Veterinarian of Breeder’s choice or by Breeder at Breeder’s home and Buyer agrees to comply with transporting the dog for DNA testing.

Section 15 - Guarantee is Non Transferable

Health guarantee is null and VOID if pet is transferred to another person within the two years. This agreement covers only the original Buyer and is non-transferable. The Buyer agrees to contact TSN LLC immediately if the Buyer determines they are unable to keep the dog sold under this contract for any reason. Buyer & TSN LLC will determine how the dog will be re-homed & if TSN LLC requires the puppy to be returned to them, Buyer is responsible for the transportation of the dog. The Buyer certifies that they are not acting as an agent for any other individual when purchasing this puppy. Reselling of the puppy for the greater purchase price is not allowed. Buyer agrees to never place the dog sold under this agreement with a rescue group, shelter, pound, broker, pet shop, organization, or similar animal facility or with a research laboratory. No refund is expected nor will be given if the dog is returned to Breeder. Proof of spay/neuter will also be required before any rehoming, and proof must be received by Breeder.

Section 16 - Seller Agrees To Accidental or Purposeful Breeding Penalty Fines

The Buyer is responsible for the guarantee not to breed & fines resulting from any breeding. If Buyer resells puppy, Buyer owes Seller the difference between both amounts, plus a penalty of $5,000, plus any court or attorney fees. Media Release: Buyer agrees that TSN LLC has permission to use pictures of the dog sold under this agreement that has been shared on their social media or sent to them via email &/or text. Buyer also agrees that TSN LLC can publish photos or videos taken at TSN LLC premises & any humans they are with, including Buyer, Buyer’s minor children, spouse, partner, or any other person Buyer brought to TSN LLC premises, on any of their public pages, including but not limited to social media pages, website, and email newsletter.

Section 17 - Microchip & AKC Reunite

Buyer agrees that Breeder will register the puppy’s Microchip with AKC Reunite & be listed as the owner along with Buyer – Breeder is primary; Buyer is secondary. This measure is placed to ensure that none of the dogs bred or sold by Seller end up being relinquished to, but not limited to, an animal shelter, broker, pet shop, or rescue organization.

Section 18 - Limited American Kennel Club Paperwork

Your new puppy is AKC registrable. If you would like your new dog to be registered with the American Kennel Club, please notify Breeder at the time of this agreement. Breeder will register your puppy with the information you provide below and you will be given their registration paperwork after proof of spay/neuter has been received by Breeder. Breeder will need to know exact name you would like appearing on your puppy’s official American Kennel Club registration. Once registered, any changes to that name could result in a fee imposed by AKC that Buyer will be responsible for. When necessary, any transfer of ownership fees will also be the responsibility of the Buyer. We cannot accept payments after, since we will need to register ALL puppies born in the same litter at the same time & any delay with Buyer will cause a delay for other clients. Registration fee is $100 in addition to the cost of the pet & paid for at the time of puppy transfer. If selected, you will receive AKC Limited Registration Certificate & a 4-Generation AKC Pedigree.

18 A - Would you like your puppy to be registered as a pet with the American Kennel Club?

18 B - If yes, what name would you like your pet registered with?

Section 19 - Communication

ALL COMMUNICATION about this agreement needs to be sent to TSN LLC by email to theshihtzunursery@gmail.com & confirmed received by text to (949) 410-6040. The Buyer is to have their new puppy checked by a licensed veterinarian within 3 days of taking possession of the puppy, not including Saturday or Sunday. An extension will be granted to the Buyer if they have chosen to enroll the puppy in Pet Insurance. Proof of Pet Insurance policy and start date of enrollment needs to be provided to Breeder & a vet visit extension granted in writing by TSN LLC would need to be received by Buyer within this allotted time. If the Purchaser does not take the puppy to the vet within the allotted time and has not signed up for pet insurance, they accept the puppy/dog "as is" at the time of sale and Buyer forfeits the Health Guarantee. A copy of the exam notes & any lab results (NOT THE BILL) must be EMAILED to the Breeder within 2 weeks of the puppy pick-up date. Puppy will not be walked in public spaces, public streets, sidewalks, or businesses, taken to parks, or allowed to play with dogs without current immunizations UNTIL all immunizations are given & Buyer’s veterinarian has given the green light. The Buyer agrees to provide nutritious food, adequate grooming, and veterinary care including finishing the core vaccinations TSN LLC started. Young puppies and small puppies/dogs are vulnerable to becoming hyperglycemic if they are under stress &/or skip a meal. Make sure your new puppy has access to food and water 24/7 during its initial transition period, typically 2-7 days.

Section 20 - Disputes

Should a dispute arise out of this transaction, Buyer agrees not to post anything on the Internet or Social Media about Seller’s name, business, or puppy purchased or slander Seller in any way. All discussions are to be between Seller, Buyer, Vets, and if needed, Attorneys only. Buyer further agrees that should he or she default in any obligation of this agreement, he or she shall be responsible for any and all fees incurred (attorney fees, court costs, filing of paperwork, travel, etc.) in the prosecution of this action, and an additional $15,000 paid to Breeder per incident. Acceptance of this agreement constitutes an agreement to pay all court costs and attorney fees, in the event there would be any. Should a problem transpire that cannot be settled between Buyer and Seller, the case will be settled in the jurisdiction of California courts of Riverside County.

Section 21 - Mutual Non Disparagement

Mutual Non-Disparagement: The Buyer agrees not to make public negative statements or communications disparaging 4c Ranch/YZC Frenchies 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 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.

Section 22 - Agreement To Terms

Buyer's signature and acceptance of any dog agrees that this transaction was consummated within the state of California, Riverside County, and consents to the application of all California laws and to the jurisdiction of California Courts.

Legal Signature of The Buyer:

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The Shih Tzu Nursery

Health Guarantee And Puppy Purchase Agreement

With Limited AKC

Location:

Phone:

Email: