Terms and Conditions

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1.  Deposit, Payment of Purchase Price, Fees

 

The buyer will pay a deposit of $1000 with payment of the balance of $2000 due upon release of the Puppy to the Buyer. The expected delivery date is on or after the date depending on when the puppy is available for release. Payment of the balance may be made by cash or Zelle only.

 

Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the Puppy if:

 

• Buyer fails to complete the purchase of the Dog for any reason, or

• Buyer fails to pay the balance of the full Purchase Price on the day of the release.

 

In either event, the Seller shall be free to sell the Puppy to another party.

 

In the event that the Puppy is not available due to sickness, death, or any other circumstance owing to the fault of the Seller, the Buyer’s deposit will, at the Buyer’s option, be either (i) refunded, or (ii) transferred to the next litter of puppies.

 

2.  Transfer of Ownership and Registration

 

Upon payment in full of the Purchase Price, Buyer shall have the full ownership of the puppies.

 

3.  Seller’s Representations and Warranties

 

• Seller is the legal and true owner of the Puppy and that Seller has full right and authority to sell the Puppy.

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• The Puppy is being sold free and clear of any lien, security interest, charge, or other encumbrance.

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• Seller guarantees that the Puppy is a purebred dog, offspring of the purebred sire and purebred dam

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• The Puppy is in good health and free of communicable diseases at the time of this sale. Buyer has 2 days from the delivery date to have the Puppy examined by a licensed veterinarian, at Buyer’s sole cost. If the Puppy fails the examination, Buyer may return the Puppy, with a written statement from the veterinarian, for a full refund. Failure by Buyer to have Puppy examined within the 2-day period will nullify this warranty. If Buyer chooses to keep the puppy, no replacement will be given, and all medical costs and treatment are sole responsibility of the Buyer. This health guarantee will be null and void.

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• This Guarantee does NOT cover Cherry eye, Entropion, Ectropion, Allergies, undescended testicles, loose knees or hips, Stenotic nares, elongated soft pallet, umbilical hernia, dermatitis, demodectic mange. Seller will NOT replace a puppy due to heat stroke,abuse/neglect, or improper socialization. Buyer agrees that they have thoroughly researched the Maltese breed and understand the many health issues they can possess. Buyer is responsible for all medical costs of their puppy. (No refunds will be given). This guarantee covers only the original Buyer and is not transferable.

 

• To ensure the Buyer does not euthanize the Puppy or take it to an animal shelter. Seller will take the Dog back at any time during the Dog’s lifetime. Seller will not issue a refund or provide another Puppy to Buyer unless the Puppy’s return was a result of a misrepresentation on the part of the Seller with respect to the Puppy’s health.

 

4.  Fitness of Purpose

The Puppy was bred as a companion animal, and Seller does not provide any warranty as to the Puppy’s fitness for any specific purpose, including obedience trials, show ring performance, and/or breeding purposes.

 

5. Buyer’s Representations

 

Buyer represents to Seller that:

 

• The Puppy will reside with Buyer as a companion pet to Buyer and Buyer’s family.

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• Buyer will keep the Puppy in an enclosed area of adequate size and will not allow the Puppy to roam at will. Buyer will not keep the Puppy chained or tethered or permanently house the Puppy in a kennel.​

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• Buyer will provide the Puppy with nutritious food and necessary veterinary care, including de-worming, heartworm prevention and regular vaccinations (including rabies).

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• ​Buyer is not acting as agent for any other person or business in the purchase of the Puppy.​

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• Buyer will not sell, give, or release the Puppy to a pet shop, retail store, dog dealer, animal testing facility, research facility, or an agent for any such business or facility.

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• ​In the event Buyer sells the Puppy to a new owner, Buyer shall ensure that the new owner agrees in writing to comply with the terms of this Agreement.

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6.  Indemnity and Release

If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnity, and hold Seller harmless and to pay all of Seller’s costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgement with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Puppy after placement with Seller, including but not limited to damage to or destruction of property, and injury to any person or animal.

 

7.  Limitation of Action

Any action or claim brought by Buyer against Seller for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.

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8.  Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of Arizona.

 

9.  Entire Agreement

 

This Agreement represents the entire agreement between the parties, Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in this Agreement.