Purchase Agreement

DOG HEALTH WARRANTY, PURCHASE AGREEMENT AND SPAY/NEUTER CONTRACT

This Agreement is between Patricia L. Andel, Angels & Nobility Cavaliers (hereinafter “Breeder”), of Utah County, State of Utah, and

(hereinafter “Buyer”)

I. BREEDER'S RESPONSIBILITY AND HEALTH WARRANTY:

A.​     HEALTH RECORD

The Breeder guarantees that at the time of delivery, the puppy is in good health (minus potential intestinal parasites). The Breeder guarantees that all puppies have received age-appropriate vaccinations, have been dewormed, and have been microchipped. The Breeder will provide a record to the Buyer of all vaccinations and deworming and provide a veterinarian health certificate.

B.​     COMMON AILMENTS

The Buyer understands that puppies can have certain common ailments upon coming home. Urinary tract infections, parasites, ear infections, stress, hypoglycemia and allergy issues are all common, sometimes simply from the stress of leaving the breeder and coming into a new environment. It is the Buyer’s responsibility to care for the puppy and treat these conditions should they arise once they leave the breeder.

C.​     INITIAL VETERINARY CHECKUP

The Buyer is to arrange a check-up by a qualified veterinarian within three (3) days of taking possession of the puppy. During this initial examination, should your veterinarian detect a congenital or hereditary defect threatening the life of the dog, you must contact the Breeder immediately. In the event your vet diagnoses a life-threatening congenital or hereditary defect at this initial exam, you must return the puppy within seven (7) days of the exam with the veterinary report of the diagnosis. The Buyer is responsible for returning the puppy and all papers (registration, vaccination record, etc.) to the Breeder. In case of the death of the puppy before the initial exam, the Buyer must submit a veterinarian’s necropsy report as to the cause of the death, and death must be entirely due to a life-threatening congenital or hereditary defect.  If necropsy is performed and results in an undetermined or inconclusive diagnosis, the guarantee is VOID. The Buyer shall notify the Breeder immediately in the event that the puppy has an illness, or does not eat well before the initial vet exam. Failure to have the initial vet check done within three (3) days or to notify the breeder of illness or poor eating before the initial exam will VOID this guarantee.The Breeder WILL NOT reimburse any veterinary expenses or other expenses, including travel,  incurred by the Buyer at any time. The Breeder’s guarantee is limited to a replacement puppy of equal value as soon as one is available, upon the immediate return (within seven (7) days of vet exam) of the puppy, uninjured and unharmed, its registration papers and vaccination records, and a written veterinarian statement that includes the complete diagnosis of the congenital or hereditary life-threatening defect.  Color and gender are not guaranteed.  Failure to produce AKC paperwork if given at the time of sale will result in this guarantee being VOID, and no puppy will be given as a replacement. This is to prevent AKC paperwork fraud. Failure to give the breeder access to all medical records at the veterinarian's office will result in refusal of return or a  replacement puppy. This is to prevent the Buyer from attempting to get a replacement puppy fraudulently.

D.​     BREEDING QUALITY NOT GUARANTEED

No dog or puppy sold with or without breeding rights is guaranteed to be breeding quality. Determining a dog's breeding quality is 100% opinion. There are things such as hernias, which some breeders think are ok to breed and others think are not. Some breeders weigh all the good traits as enough to outweigh another bad trait and decide to breed even with small defects. We cannot control what one breeder will or will not consider breeding quality. The Buyer will not be refunded any money or traded back for another puppy or given a stud fee for any reason or trait found to be present in the puppy regarding breeding quality, including but not limited to any physical disease or defect.

E.​     HEALTH GUARANTEE ON HEREDITARY AND CONGENITAL DEFECTS

The Breeder provides warranty against life-threatening hereditary and life-threatening congenital defects for a period of one (1) year after the date of sale.  The Breeder guarantees that all possible steps have been taken with the sire/dam selection and breeding to prevent hereditary issues.  The Buyer understands that there is a difference between hereditary and congenital defects.  If your puppy is diagnosed with a life threatening hereditary defect (hereditary means inherited from a parent’s genetic profile) or if the puppy is diagnosed with a life threatening congenital defect (congenital means present at birth) within the first year of purchase, it will be replaced with one of equal value as soon as one is available. The value of the puppy being sent as replacement will be determined by the Breeder. Color and gender are not guaranteed.  All registration papers given to the Buyer must be signed into the Breeder’s name and returned to the Breeder or the guarantee is VOID. The Buyer understands that the financial cost of veterinary care to determine the presence of a hereditary or congenital defect is the sole responsibility of the Buyer. Buyer is responsible for all transportation of a puppy back to the Breeder. The puppy must not be euthanized without prior written approval from the Breeder or this guarantee is VOID. Text or email is considered acceptable written approval by the Breeder. The Buyer understands that the replacement option is only valid when health problems are attributed to a life-threatening hereditary or congenital defect, and not due to an accident or injury. In case of death, a necropsy and possibly further blood testing will be required to determine if death is due to a life-threatening hereditary or congenital problem in order to have the puppy replaced.  If necropsy is performed and results in an undetermined or inconclusive diagnosis, the guarantee is VOID.  The Buyer will be required to do and pay for all available tests to determine cause of death. Failure to follow the veterinarian’s recommended medical advice and/or treatment while the dog is in the care of the Buyer will VOID this guarantee. The Buyer releases the Breeder from any liability regarding the puppy for non-life threatening hereditary or congenital defects. The Buyer understands that they are only entitled to a replacement puppy when health problems are attributed to a life-threatening hereditary or congenital defect.

F.​     BREEDER’S CHOICE TO ADDITIONAL VETERINARY OPINION

Veterinarians can have different medical opinions. Because of this, The Breeder retains the right to pick a veterinarian of the Breeder’s choosing to examine the dog to confirm the diagnosis given by the veterinarian selected by the Buyer. If the Breeder requests that the dog be taken to a specific veterinarian to confirm the diagnosis, the Breeder will pay for the examination and any tests or procedures approved/requested to be done by the Breeder.  If the puppy is euthanized or in any way disposed of without the Breeder having the ability to get a second opinion of a veterinarian of the Breeder’s choosing, the Buyer waives all rights to a replacement puppy and this guarantee is VOID.

G.​     NO GUARANTEE ON SIZE

We do our best to use all the predictors of size to give you an estimated adult weight. We do not take returns on puppies or refund any money for a puppy becoming either too large or too small. Buyer agrees they are not given a remedy based upon the adult weight of the puppy.

H.​     EXCLUSIVE REMEDY AND NON-TRANSFERABILITY

This health guarantee applies only to the original owner of the puppy listed in this contract as the Buyer. The health guarantee is not transferable to another owner.  This health guarantee is limited to the first year of purchase. In the event the guarantee is needed, the puppy must be returned to the Breeder with any AKC papers. A refund will not be given in any situation. The exclusive remedy herein is a replacement puppy of equal value as soon as one can be given. The Breeder determines the value of the replacement puppy. Color and gender are not guaranteed.  Expenses related to shipping or transporting the original puppy to the Buyer are not reimbursable. Shipping arrangements for the delivery of an additional puppy are at the sole expense of the Buyer, and costs to return the original puppy to the Breeder if necessary (at the Breeder’s option) are also at the expense of the Buyer.

I.​     EXCLUSIONS

Non-life-threatening congenital or hereditary defects, including a heart murmur or eye problems (which are common in Cavaliers), are not covered. Internal or external parasites (including but not limited to Coccidia, Giardia, hookworm, whipworm, tapeworms, mites,) infections (including but not limited to ear infections and urinary tract infections), hernia, undescended testicles, underbite or overbite, physical injury, allergies, stress-related illnesses, viral illnesses, heat exhaustion, or hypoglycemia are not covered. Some of these are common ailments in young puppies with immature immune systems. We do not cover luxating patellas. Luxating patellas can be caused by injury and overworking the joint in the first year of life. We do not cover a collapsing trachea. This can be caused by injury and the improper use of a collar. We do not cover Leg Calve Perthes - the cause is unknown.  Additionally, any illness due to the ingestion of foreign objects, food, or chemicals are not covered. Any life-threatening congenital or hereditary defects that are discovered after the first year of purchase are not covered. The Buyer waives any and all liability in relation to these items listed in this Section. Under no circumstance will the Buyer be refunded any money for any of these conditions. The Buyer understands and agrees to these exclusions.

J.​     FINANCIAL RESPONSIBILITY FOR HEALTH CARE

It is to be clearly understood that the Breeder does not, under any circumstances, accept responsibility for any veterinarian or health care expenses, other than as outlined in Section I.F above. The Breeder highly recommends that the Buyer obtain pet health insurance on their puppy. We do this because veterinary costs can be high, especially to diagnose or treat an illness. We also make this recommendation because puppies’ immune systems are weak at 10-12 weeks old. They are susceptible to all types of viruses, parasites, and illnesses at this early age. If you are seeking a diagnosis on your puppy to fulfill the health guarantee and get a replacement puppy, the health insurance may be able to cover some of those costs. The Buyer is aware of this recommendation.

K.     ​LIMITATION OF GUARANTEE

No warranties or guarantees, expressed or implied, are made under this agreement except as stated herein.

II. BUYER'S RESPONSIBILITY:

The Buyer agrees to pay the Breeder a total sum of

for the puppy. This does not include breeding rights. The Buyer understands that full price is due when the puppy is picked up or when the puppy is delivered to a lap nanny or other person transporting the puppy. If the sale is an in-state sale within the State of Utah, a 7.45% sales tax is required.  A Utah Buyer agrees to pay this tax. This does not apply to out-of-state sales. The purchase price does not include shipping. The Breeder does not ship puppies. If shipping is required, the Buyer agrees to arrange and pay for shipping, which includes a travel crate, a health certificate, and a lap nanny. Additionally, if the Buyer chooses to use a form of payment which includes a processing fee (e.g., Venmo or a credit card) to purchase the puppy, that processing fee will be the responsibility of the Buyer. If the Buyer has made a waitlist and/or reservation deposit, those deposits will be credited to the purchase price of the puppy.

The Buyer bears all costs relating to the transportation or shipping of the above animal from the Breeder to the Buyer. This includes a travel crate, a health certificate, if required, and a lap nanny. The risk of loss or injury to the above animal is on the Buyer at all times after the puppy leaves the Breeder’s possession.

The Buyer agrees to have the puppy examined by a licensed veterinarian within three (3) days of taking possession of the puppy, as set forth in Section I.C. above under the Health Warranty. If the puppy is not taken to a licensed veterinarian within three days of taking possession, the health warranty is VOID.

Please ensure that the puppy is kept in a kennel or held in the waiting room of a veterinary office. Ensure that the exam room is properly disinfected before the appointment. Do not let the puppy walk on the floor in the exam room. Remember, the puppy is not fully vaccinated yet and is very susceptible to Parvo and other illnesses. We recommend bringing a clean towel or blanket with you for the exam table to be safe.

The Buyer is responsible for all veterinarian and health care expenses, other than as outlined in the Health Warranty above. This includes all expenses associated with the treatment of intestinal parasites if the puppy is diagnosed with them, even if the puppy has parasites present when sent home. This is a common puppy ailment. If you are not willing to treat puppy parasites (sometimes more than one treatment is needed), then please do not buy a puppy!  It is common for puppy parasites to flourish after joining their new family (stress and change accommodate this). Most parasites can be contagious, and it is possible that other dogs in the house can get them. Do not let your other dog eat the puppy’s feces, and clean it up immediately using proper cleaning chemicals.

The Buyer agrees that picking up their puppy must be a priority. The Buyer agrees to pick their puppy up by twelve (12) weeks of age unless otherwise arranged. If the puppy is not picked up by 12 weeks old or by the agreed upon day, a $40 per day boarding fee will apply. The breeder has the right to sell the puppy to another person at any time after the 1st missed pick up. The Breeder can elect to move the Buyer back to the waitlist. The Buyer will not be refunded their waitlist or reservation deposit, but can apply them to a future puppy. The Breeder will deduct the $40 per day boarding fee from any funds paid to the Breeder, starting the 1st calendar day after the 1st time of missed pick up until the puppy is rehomed.

The Buyer agrees this puppy is not being bought for resale and shall be maintained and kept under the personal control of the Buyer, this puppy shall be given adequate housing, food and veterinarian care, and shall in no manner be mistreated, neglected, or allowed to roam freely. The Buyer agrees to provide the best possible care for their puppy for the duration of the puppy’s life. This includes but is not limited to:

The Breeder highly recommends the Buyer provide basic obedience training with their puppy within the first year of owning their dog to avoid behavioral issues. The Breeder highly recommends the Buyer neuter or spay the puppy when it reaches full maturity, as determined by your veterinarian.

The Buyer agrees to postpone strenuous, forced exercise until after their puppy is over one (1) year of age to minimize joint damage as the puppy develops.

The Buyer agrees to contact the Breeder immediately if the Buyer determines they are unable to keep their puppy for any reason. The Buyer and Breeder will jointly determine how the dog will be rehomed. The Buyer agrees to never place their puppy with a rescue group, in a shelter, pound, or similar facility or research laboratory.

The Buyer allows the Breeder to use any pictures or videos of the puppy, including posting on social media, such as Facebook, Instagram, the Breeder’s website, Twitter ,YouTube, or in any other manner the Breeder chooses.

III. SPAY AND NEUTER CONTRACT:

It is understood that at the time of sale that the puppy is not to be used for breeding. It is a representation of its breed, and it is structurally and temperamentally suited for a companion dog. It is being sold as a pet without breeding rights. Full AKC papers are only provided to the Buyer if they are purchasing breeding rights. If you are not purchasing breeding rights, only limited AKC papers will be provided. You will not be able to register any future puppies with the AKC with limited papers.

Spaying/neutering/gonad sparing surgery by a licensed, reputable veterinarian is highly recommended by the Breeder when the puppy reaches full maturity, as determined by a veterinarian, to avoid cancer and other health issues.

IV. CONCLUDING PROVISIONS

The Buyer agrees not to make public negative statements or communications disparaging The Breeder, its agents, or products. Public communications also include electronic platforms. The Breeder and its agents agree not to make negative or disparaging statements or communications about the Buyer public. 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.

​This Agreement shall be governed by the laws of the State of Utah in effect at the time this Agreement is executed, including all matters of construction, validity, performance, and enforcement.

If any term or provision of this Agreement is held by any court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, that term or provision shall be disregarded, and the remainder of this Agreement shall be construed as if the invalid, void, or unenforceable term or provision had not been included and shall remain in full force and effect.

The captions appearing in this Agreement are for convenience of reference only and shall be disregarded in determining the meaning and effect of the provisions of this Agreement.

E.​     BINDING EFFECT

This Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement, and to their respective heirs, devisees, personal representatives, successors, and assigns.

F.​     MODIFICATION OR REVOCATION

No modification or revocation of this Agreement shall be valid unless it is in writing and executed by each party to this Agreement.

Any dispute under this Agreement shall be heard in small claims court in Utah County, Utah.

This Agreement sets forth the entire agreement between and understanding of the parties and supersedes all prior agreements, whether written or oral, between the parties relating to the subject matter contained in this Agreement.

I.​     COUNTERPARTS

This Agreement may be executed and acknowledged in counterparts and shall be valid and binding as if all signatures were on one document.

J.​     EFFECTIVE DATE

​This Agreement shall become effective upon execution by both parties.

The Buyer agrees not to make public negative statements or communications disparaging The Breeder, its agents, or products. Public communications also include electronic platforms. The Breeder and its agents agree not to make negative or disparaging statements or communications about the Buyer public. 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.

​This Agreement shall be governed by the laws of the State of Utah in effect at the time this Agreement is executed, including all matters of construction, validity, performance, and enforcement.

If any term or provision of this Agreement is held by any court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, that term or provision shall be disregarded, and the remainder of this Agreement shall be construed as if the invalid, void, or unenforceable term or provision had not been included and shall remain in full force and effect.

The captions appearing in this Agreement are for convenience of reference only and shall be disregarded in determining the meaning and effect of the provisions of this Agreement.

E.​     BINDING EFFECT

This Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement, and to their respective heirs, devisees, personal representatives, successors, and assigns.

F.​     MODIFICATION OR REVOCATION

No modification or revocation of this Agreement shall be valid unless it is in writing and executed by each party to this Agreement.

Any dispute under this Agreement shall be heard in small claims court in Utah County, Utah.

This Agreement sets forth the entire agreement between and understanding of the parties and supersedes all prior agreements, whether written or oral, between the parties relating to the subject matter contained in this Agreement.

I.​     COUNTERPARTS

This Agreement may be executed and acknowledged in counterparts and shall be valid and binding as if all signatures were on one document.

J.​     EFFECTIVE DATE

​This Agreement shall become effective upon execution by both parties.

By signing this Agreement, Buyer agrees to all of the terms of this Agreement and Warranty.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement