HOLDING FEE: All holding fees are non-refundable, but can be transferred to another available puppy of buyer's choice. If said puppy dies or is found to have a physical defect making it unfit for adoption, prior to being transferred to buyer, the holding fee will either be refunded or transferred to another puppy of equal or lesser value. Refunds will only be made immediately after determining original puppy is unfit, if buyer chooses to transfer funds no refund will be made. If there isn't an available puppy at time of transfer the buyer has up to 12 months to transfer the holding fee to a puppy of their choice. Buyer will forfeit the holding fee after 12 months. The holding fee is credited toward the adoption price.
HEALTH & NUTRITION: Buyer agrees to keep the dog in good physical condition with regularly scheduled vaccinations, wormings, flea, tick and heartworm prevention and to provide proper shelter, exercise, fresh water, dog food, treats, pet care products and nutritional supplements as described in this paragraph. Because 60% of all degenerative disease is related to poor nutrition, we require that the puppy remain solely on Life's Abundance, or Chewy products without lapse for at least the first 2 years of the puppy’s life in order to qualify for the 2 year health guarantee against heritable disease. Seller will assist buyer with all materials and set up needed to continue using Life's Abundance, or Chewy products with their puppy. Remember, an ounce of prevention is worth a pound of cure! Click here to order Victor dog Food
GUARANTEES: Seller will make every effort to ensure that puppy is healthy at time of transfer. We will not allow your puppy to leave until we are sure the puppy is ready for the trip to your home, has passed a licensed veterinary health exam, is free from any illness, and is eating well on it's own. Your puppy MUST be examined by a licensed veterinarian within 48 hours of arrival to your home to validate this guarantee. If delivery date is on a Friday then buyer will be given 72 hours to complete initial veterinarian exam. This examination is only for initial health of puppy at time of delivery and does NOT include verification of hips as buyer is required to verify hip dysplastia through OFA x-rays after 24 months of age. Any exam performed by a vet in the Banfield network (Petsmart/Petco) will VOID this guarantee in its entirety due to their reputation of financial abuse of new puppy owners. Should your veterinarian find your puppy to be unfit for sale at this initial examination, it will be replaced provided it is returned with a written statement from your veterinarian stating the nature of their findings. If said findings are countered and proved untrue by sellers veterinarian, buyer can either except original puppy back at own cost or relinquish all claims to said puppy or any other puppy from Mountain Gems. It is the buyer's responsibility to return said puppy along with all papers and package content. Buyer will be responsible for all shipping on return and replacement puppies. THE SELLER SHALL NOT BE RESPONSIBLE FOR MEDICAL EXPENSES THE BUYER HAS INCURRED.
Your puppy has been given vaccinations that were delivered in a cold pack then immediately placed in a refrigerator for storage until administered per manufacturer's instructions. The coordinating label is placed on your puppies health record at time of vaccination. All vaccinations are NOT created equal. Therefore, you or your veterinarian may find a different schedule was used according to our manufacturer's guidelines. Because over vaccination can cause serious health consequences, if any vaccine is given before it is actually due, it will VOID this contract in its entirety. All our puppies have completed all the age appropriate vaccinations at time of delivery. It is buyer's responsibility to set up an ongoing vaccination schedule with their vet. Seller is not responsible for any illness the Buyer's puppy or previous pets may acquire from each other or other animals they may come in contact with while in Buyer's care.
Seller cannot guarantee your puppy against any illness or opportunistic parasite brought on by stress of moving (to Buyer's home), shipping, or motion sickness brought on by being transported. This stress can result in illnesses or opportunistic parasites such as: giardia, hypoglycemia (low sugar shock), coccidia (dormant in most live animals), kennel cough, etc... Seller does not guarantee puppy to be free of worms as this is an ongoing process. All puppies are treated regularly according to our veterinarian's guidelines and worming will become the Buyer's responsibility once puppy is in their care. These are easily and economically treated and should they occur SELLER SHALL NOT BE RESPONSIBLE FOR MEDICAL EXPENSES OR OTHER COSTS THE BUYER HAS INCURRED.
Seller reminds Buyer to watch puppy closely. Your puppy should be eating regularly, playful and active. Buyer is warned to watch for signs of hypoglycemia which are: loss of appetite, extreme lethargy, lack of coordination, trembling, muscle twitching, weakness, seizures, and discoloration of skin and gums. Most puppies will not eat or drink when hypoglycemic (low sugar shock). If puppy is exhibiting any of these signs Buyer is to take said puppy to their veterinarian immediately for care. By signing this document Buyer is stating they are aware of the dangers of hypoglycemia in puppies and Seller will not be held responsible for any permanent damage or death that may occur. SELLER SHALL NOT BE RESPONSIBLE FOR MEDICAL EXPENSES OR OTHER COSTS THE BUYER MAY INCUR.
If Buyer complies with all the terms and conditions within this agreement, then Seller warrants the health of puppy for the first 2 years of life against any hereditary life threatening defects involving the heart, liver, and kidneys. Life-threatening is defined as "a genetic abnormality/disorder that will eventually cause the early death of the dog with life expectancy of less than 5 years either by the progression of the disease or by recommended euthanasia unless extensive medical care and surgery are performed beyond the cost of said puppy. Guarantee is for the first 2 years of life only and all claims must be submitted before puppies second birthday. The dog must not be bred in the first 2 years of life, otherwise this contract is NULL and VOID of all guarantees. Seller also warrants said dog will be free from Progressive Retinal Atrophy (PRA) and be free against congenital hip dysplasia for the same time period. If during this time frame a replacement puppy is deemed necessary due to an identified genetic life-threatening defect, the replacement puppy will be made of the same or lesser value. Buyer at this time can choose a more valuable puppy and pay the difference. For any replacement puppy the buyer must return original puppy along with all health records, papers, and original puppy materials, as well as a written statement from their veterinarian on the nature of the genetic life-threatening defect. In the unlikely event that death occurs, a necropsy must be performed by a licensed veterinarian, and a copy forwarded to Seller's veterinarian before determining if puppy did in fact die from a life-threatening genetic disease. If it is found puppy did die from said disease, we will replace your puppy as soon as one is available. Seller has the right to have their veterinarian verify all findings before providing a replacement puppy. All veterinarian expenses are the Buyer's responsibility including professional test, professional diagnosis, necropsy (if applicable), as well as all return and replacement puppy shipping. If the puppy becomes sick and the Buyer has the puppy euthanized without prior consent, no replacement will be made. If the Buyer declines a replacement puppy the Seller will be released from all further obligation and or claims to this agreement. If health record is not up to date at time of findings, this contract is VOID in it entirety. AGAIN SELLER SHALL NOT BE RESPONSIBLE FOR MEDICAL EXPENSES OR OTHER COSTS THE BUYER HAS INCURRED.
OFA X-ray must be taken between the ages of 24-25 months. If said puppy is found to show clinical signs of lameness and is then assessed by the OFA to be dysplastic, a replacement puppy will be made for the same or lesser value of said puppy (unless Buyer prefers to pay the difference for a more valuable puppy), at the Seller’s convenience. However, Buyer must return the original puppy along with a copy of the OFA assessment, the dog’s original AKC registration papers, immunization papers, microchip registration papers, etc. If said puppy is not up to-date on all immunizations and hasn't followed our health guidelines this guarantee is NULL and VOID and no replacement puppy will be given. All expenses are at Buyer's expense including the licensed veterinarian tests, professional diagnosis, as well as the return shipping of said puppy and all shipping of the replacement puppy.
This guarantee does not cover any costs related to spaying or neutering, nor does it cover any injury and or death from any routine surgical procedures. Further this guarantee does not cover any of the following minor flaws or conditions: coccidiosis, giardia, kennel cough, pneumonia, hypoglycemia, ear mites, skin mites, mange (sarcoptic, demodectic, or cheyletiella), ear infections, cherry eye or any other non life- threatening eye, skin, or tissue conditions, allergies, over or under bites, herniations, a non life- threatening open fontanel, non life-threatening bone or joint disorders such as but not limited to luxating patellas and heart murmurs that are not life-threatening. Seller cannot guarantee any puppies size, color, temperament, fertility (including presence of testicles), or amount of shedding (hypoallergenic). Seller cannot guarantee size or conformation and is not accountable for quality of puppy for shows. In addition Seller cannot guarantee that the dewclaws will not regrow and is not responsible for any vet expenses for dewclaw removal or tail docking.
MISCELLANEOUS: Both parties agree that they will not disparage or denigrate each other orally, electronically, or in writing. Should Buyer make online derogatory claims. Buyer agrees to pay all fees to have negative remarks and claims removed from the world wide web. Buyer shall also be responsible for any costs should Seller need to enforce removal, including necessary attorney fees, court costs, and fees to the online company to remove the complaint.
Any pictures taken by the Seller are of a professional quality and shall not be altered by the Buyer. Buyer also does not have permission to use these photos to sell puppy to a third party.
Seller has the right at any time to stop breeding activities. In this case, no replacement puppies will be given and this contract is null and void, no cash refunds will be given for any reason.
ABUSE AND NEGLECT: In the event that the dog is mistreated, neglected, abused in any way, kept outside in extreme heat or extreme cold conditions, kept on wire flooring, Seller has the right to rescue the dog immediately, with no notice or compensation to buyer. Buyer shall voluntarily surrender any kennel club registration papers (if applicable), microchip records, and health records.
THIS DOCUMENT IS A LEGALLY-BINDING DOCUMENT. ANY COURT COSTS OR ATTORNEY FEES NECESSARY TO ENFORCE THIS CONTRACT SHALL BE PAID BY THE BUYER IN THE STATE OF IDAHO AND THE LAWS OF THE STATE OF IDAHO COUNTY OF BINGHAM, UNITED STATES OF AMERICA WILL GOVERN THE INTERPRETATION OF THIS CONTRACT.
THIS GUARANTEE APPLIES TO THE ORIGINAL BUYER ONLY, AND IS NOT TRANSFERABLE. THERE ARE NO OTHER GUARANTEES EXPRESSED OR IMPLIED EXCEPT AS CONTAINED HEREIN.
I, the Buyer of a puppy from Mountain Gems hereby acknowledge that I have received a copy of this contract and acknowledge by signing below, that I have read, understand, and agree to the terms of this contract in its entirety.
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