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HEALTH GUARANTEE
PLEASE ACTIVATE YOUR HEALTH GUARANTEE - FOLLOW STEPS BELOW:
Your puppy comes with a one year health guarantee that covers congenital health defects for a period of one year from the date of your puppy's birth.
This health guarantee is NOT VALID if you fail to meet any of our terms and conditions.
You have (72) seventy-two hours from the time you purchase/pick up to have your puppy examined by a licensed veterinarian. (NO EXCEPTIONS)
(AT TIME OF SALE: CUSTOMER HAS RECEIVED & HAS EXECUTED THEIR BILL OF SALE DISCLOSING ALL INFORMATION PROVIDED FOR TERMS AND CONDITIONS TO ACTIVATE THIS HEALTH GUARANTEE).
As of the date of delivery, the dog/puppy has received proper vaccinations and deworming and will have a Florida Health Certificate.
The Buyer has been informed of all current and future vaccinations and deworming needed for your puppy. At the expense of the Buyer, your puppy should be examined by a veterinarian within 72 hours of possession to VALIDATE the Health Guarantee. Proof of the Health Exam from the Buyer's veterinarian dated no more than 72 hours from the date/time said puppy left the Seller's possession MUST be emailed to the Seller.
A copy of the Health/Wellness Exam within the 72 hour window needs to be sent to us @ FrenchiesofCentralFlorida@outlook.com witin 5 days from the date said puppy left the Seller's possession.
If not received, this Health Guarantee is VOID and seller has no further obligation to buyer and guarantee is Void.
Date of Exam must be within 72 Hours of Date/Time of Pick Up - ***NO EXCEPTIONS***
If your puppy is found to have any life threatening or genetic defects during your initial wellness exam you must notify us immediately and provide us with a written veterinarian's statement that includes the complete diagnosis of the puppy's condition within forty-eight hours of diagnosis stating that the puppy was unfir for sale at time of purchase. We reserve the right to have the diagnosis verified by another veterinarian of our choice and/or require you to have specific tests run on the puppy to verify the diagnosis. If the puppy is replaced, it will be replaced with one of equal value as soon as available and only after the puppy and all papers have been returned (in satisfactory condition) to us at our designated location.
All items covered in this guarantee are by replacement only, we do not give refunds,or provide monetary reimbursement.
You (Buyer) are responsible for providing all transportation and transportation related costs of transporting puppy or puppies. No Medical Expenses will be reimbursed as part of the Health Guarantee. No additional Refunds Or Credits will apply. In the Event after the wellness exam diagnosis the buyer chooses to continue self care or his/her own veterinary care and or chooses to keep the puppy and does not make arrangements to return the puppy to immediately/day of diagnosis, seller has no further liability and our Health Guarantee is Void.
Should said puppy be found to be in ill health (life threatening) during the veterinarian "72" Hour Wellness Exam, the cause of which clearly attributable to the Seller, the puppy may, upon a written and conclusive diagnosis and a description of the puppy in question from a veterinarian, stating the "puppy was unfit for sale" the puppy can be returned to the Seller for another puppy of equal value when one is available. In the Event after the wellness exam diagnosis the buyer chooses to continue self care or his/her own veterinary care and or chooses to keep the puppy and does not make arrangements to return the puppy to us within 48 hours of diagnosis, FBF have no further liability and our Health Guarantee is Void.
Buyer understands that once the puppy leaves the Seller's possession there are some common conditions that can affect puppies that are NOT COVERED under this guarantee. This guarantee does not cover what is considered normal for the bulldog breeds, such as: cherry eye, loose hips, hip displaysia, skin allergies, skin yeasts, skin fungus, lactating patella, elongated soft palate, everted layrngeal saccules, stenotic nares, Brachycephalic syndrome, underbite, inverted tail or inverted vulva and occasional heart murmurs of a 1 -3 level, or IVDD (intervertebral disk disease) that are not of a life threatening nature. (dogs carrying some congenital defects will not be recommended for breeding and no breeding rights will be allowed with these specific sales.) All our dogs are vet checked before sales and any foreseeable issues must be disclosed to buyer. Nondisclosure is not an option but it is understood that some of these “normal bulldog issues” can occur later in life and are not the fault of the breeder. NOT COVERED: Coccidiosis (Coccidia), Giardia, Any and All Internal or External Parasites and Kennel Cough (upper respiratory) are not covered in this contract, all of which can be common in puppies and neither are life threatening and are easily treated. Seller HIGHLY recommends (the Buyer) do not place your puppy on the ground in public places until their immune system is better developed after 18 weeks of age. Other exclusions to this guarantee: Reactions to vaccines, Over vaccinating knows as Toxidosis, Food or Environmental Allergies, reactions to flea/tick top spots treatments, any eye or eyelid problems, lateral strabismus is also not covered as new owner has received various photos of puppy prior to pick up as well as clear health certificate etc. this is also non life threatening and common in frenchies & most usually grow out of this as their faces and bones grow. etc.
NOTE: This guarantee does not cover or include treatment for Coccidian, Giardia or Kennel Cough, which is common in puppies that are relocated and is usually caused by bacteria or protozoa. Kennel Cough is self-limiting and must run its course. Full recovery is expected and Kennel Cough on its own is not life threatening. Yeast infections and minor ear issues related to such are also not covered. Seller will give unlimited guidance of preventative measures that will prevent future issues with this breed that include yeast infections that affect ears and folds in the face and genitalia. We suggest you follow the Health/Record Certificate & Pamphlet & PDF provided to you at pick up & via email to avoid the puppy having any adverse reactions etc. We also provide Lifetime Breeder Supoort, please contact us if you have any questions or concerns.
We also HIGHLY recommend you do NOT visit dog parks/doggie day cares until after puppy reaches 20 weeks of age.
These places are breeding grounds for disease and illness even for vaccinated adult dogs!
Stress Related Illness
Buyer also understands Coccidia and/or Giardia, kennel cough, pneumonia, hypoglycemia and other stress related illnesses may occur in my puppy from the stress of the move or flight to my home.
Vet Bills
Buyer understands that seller is not responsible for any vet bills at any time. Seller does not/will not pay for any vet bills. Any exam performed by a vet belonging to the Banfield Network will VOID any and all guarantees in iys entirety due to their reputation of financial abuse of new puppy owners and misdiagnosis. (SEE REVIEWS ONLINE).
Parvo/Distemper:
I understand I should not take my puppy anywhere they could come in contact with, or where unvaccinated dogs may have been until 2 weeks after his/her 4 month booster is completed as this could transmit Parvo to my puppy.
Areas of potential contact with parvo are but not limited to: Areas where dogs are walked, Dog parks, Pet stores, Vet clinic floors & Handling of Pets,
Parking lots, Near the feces of other dogs. I understand that puppies could develop Parvo, a deadly/ disease. I understand this puppy has been vaccinated for Parvo and every measure taken to protect my puppy from this virus. I understand that my puppy can still contract parvo from public areas and if this puppy contracts Parvo, the seller is not responsible for any vet bills or death of puppy resulting from said disease.
PARVO/DISTEMPER GUARANTEE
Seller guarantees puppy against fatal viruses for 72 hours from pick up, (distemper parvo, corona). This guarantee starts on the day/time of arrival to Purchaser. (The Purchaser must have the puppy examined by a licensed veterinarian within 3 business days of receipt of puppy thru mandatory wellness check process. If wellness check process is not followed and results not documented and fowarded to us immediately upon diagnosis, these viruses will not be covered).
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*** IN THE EVENT PUPPY HAS GIARDIA OR COCCIDIA DURING WELLNESS EXAM : ALL COMMON PARASITES DURING PUPPIES FIRST LIFE STAGES ETC.
YOUR VET WILL PRESCRIBE ALBON / PONAZURIL /PANICUR or SafeGuard - also known as Fenbendazole. ((ALL SAFE))
*** IT IS HIGHLY RECOMMENDED NOT TO USE “Metronidazole” or “FLAGYL” If your puppy is younger than 16 weeks.
BEWARE - (They both have proven to have severe adverse reactions & side effects in young puppies) Be Careful & we recommend not consent to these meds for young puppies! *** IN THE EVENT YOU ALLOW EITHER OF THESE 2 MEDS & ARE ACCEPTED AND VERIFIED ON WELLNESS EXAM OR VET PAPERWORK AND PUPPY IS YOUNGER THAN 16 WEEKS WHEN PRESCRIBED, OUR HEALTH GUARANTEE IS VOIDED SINCE THIS MEDICATION IS KNOWN TO HAVE SEVERE ADVERSE REACTION IN YOUNG PUPPIES. Just SAY NO!!!!! There are Better & Safer alternatives....
****AS PER PET MD.. THIS MEDICATION IS NOT RECOMMENDED FOR YOUNG PUPPIES & HAS SEVERE ADVERSE REACTIONS TO YOUNG PUPPIES WHILE BUILDING THEIR IMMUNE SYSTEMS! GREAT MEDICATION - USED FOR MANY MANY YEARS /// JUST TOO STRONG FOR YOUNG PUPPIES! It is Defenitely not woth the health of your puppy when there are alternatives!
PLEASE NOTE:
The Puppy must NOT be euthanized without prior written approval from us or this and all health guarantees are voided.
FBF will have no further obligation to Buyer if a Necropsy is not performed and findings not submitted to us within 3 days of necropsy.
You understand that your puppy will only be replaced if health problems are life threatening and are attributed solely to a hereditary problem and are not due to accident or injury. In case of death, I understand that I must have a necropsy performed by a State Laboratory, at my expense to determine the cause of death.
My puppy will be solely be replaced, only if the death was caused by a covered genetic condition.
Please Note: Kennel Cough (Upper Respiratory) and other communicable diseases are not covered after your veterinarian's initial wellness if puppy was never returned and went under your vets care. Failure to follow the veterinarians recommended medical advice and/or treatment will void this guarantee. We are not responsible for any veterinarian’s bills. Seller will not be responsible for any medical expenses incurred. Replacement Puppy Only.
You understand that the following slight defects are not considered life threatening and therefore are not covered-hernias, undescended testicle, under and over bites. Note: Luxating patella or collapsed/hypoplastic trachea's are not covered as this can be caused by injury & or breed specific to all Brachycephalic Breeds, Our guarantee DOES NOT cover; cherry eye, loose hips, skin allergies, elongated soft palate and stenotic nares, internal or external parasites, ie: coccidia or Giardia, Kennel Cough (Upper Respiratory), hernia's (inguinal or umbilical), undescended testicles, under or overbite, injury, allergies, heat exhaustion. Hypoglycemia is preventable with good care and feeding and is not covered. We do not guarantee the size, weight, color, hair length, texture, temperament and/or house training abilities of your puppy.
NOTE: Any Congenital Health Condition that is diagnosed by a licensed veterinarian we must be notified within 48 hours of the diagnosis as well as you must provide written reports etc. If Breeder is not contacted to discuss outcome and care of the puppy and owner chooses self care methods or stays under curent care of owners veterinarian without consulting FBF Breeder the The Health Guarantee is VOID.
PLEASE NOTE: New Owner understands and has researched the French Bulldog Breed.
French Bulldods are prone to - Brachycephalic Obstructive Airway Syndrome: Definition - This is Breed Specific.
1) elongated and thickened soft palate; 2) stenotic nares and 3) everted laryngeal saccules/laryngeal collapse 3) Hypoplastic Trachea.
These conditions are not covrered as they are common breed specific health issues.
FOR CONGENITAL CONDITION: There must be two veterinarean reports with the same diagnosis within a 90 day period to qualify for the replacement puppy.
NOTE: A puppy showing any serious genetic or congenital defect will be replaced as follows:
• Animal must show defect within 6 months of possession. Seller must be notified of the problem in 2 business days of the licensed veterinarians determination and have 2 reports from 2 unassociated veterinarians stating the same problem and Seller will provide a replacement puppy of equal value.
• No refund, in part or in fill, will be given. (Exchange Only)
• Original puppy must be returned to Seller in good condition, other than the specified problem, at the Buyers expense.
The Buyer will then qualify for a replacement puppy.
• This guarantee applies to the original puppy only and is nontransferable to a second party.
• Buyer is responsible for transportation costs to and from the seller on a replacement puppy.
• No replacement puppy given if the puppy has been euthanized without permission of the Seller.
• Replacement puppy will be mutually agreed upon by both parties and will be of comparable quality. It is understood that the replacement puppy may not be from the same parents of the original puppy.
• There are certain disorders that may be caused by environmental factors, for example: allergies, thyroid dysfunction, demodectic mange, and other autoimmune disorders that are not covered by this guarantee.
• We DO NOT guarantee against conditions that may or may not be stress related from the move to a new home and/or shipping process. These stress related conditions that have previously remained dormant can be triggered by the above circumstances and unfortunately cannot be diagnosed until an active case becomes evident. Some of these stress related conditions or illnesses are: Coccidian, Giardia, and Kennel Cough.
• Any physical problem, which is or could be the result of injury, is not covered under this guarantee.
• There is no guarantee or warranty that the Buyer will be able to breed or show the puppy regardless of show or breeding potential.
• This contract supersedes any and all previous agreements.
(CUSTOMER HAS EXECUTED MAIN CONTRACT AT TIME OF PURCHASE DISCLOSING ALL INFORMATION PROVIDED
FOR TERMS AND CONDITIONS TO THIS HEALTH GUARANTEE).
If at any time during the life of the dog/puppy concerned in this contract, the purchaser due to unforeseen circumstances can not continue to keep the dog we are always willing to accept the dog back and find a suitable home for him or her.
No exchange of money or replacement is offered in this circumstance.
NOTE: Seller will not be responsible for any medical expenses incurred. Buyer is aware that owning a puppy means trips to the veterinarian and understands that he/she will be responsible for all medical payments.
Limitation of Action:
By signing the main bill of sale contract, you are stating that you are in agreement with the terms outlined/listed above, that you have
read and understand all terms, and that any questions concerning these terms have been answered to your satisfaction.
In the event any disputes arise which cannot be resolved by the two parties, Seller & the Buyer agree that any and all court proceedings will be the full responsibility of the buyer and any and all court fees and costs assessed during the resolution of any dispute. 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.
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, indemnify, 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 judgment with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including but not limited to damage to or destruction of property, and injury to any person and any and all vet bills.
Any Legal Action has a maximum value based on the price paid for the puppy on this contract.
Governing Law:
Both parties, Breeder and Buyer, recognize the State of Florida as the jurisdiction in which this contract was created.
As such, should any disputes arise which cannot be amicably resolved between the two parties, the Breeder and the Buyer agree that any court proceedings will take place in Seminole County, FL. This Agreement shall be governed by and construed in accordance with the laws of Florida.
This extends to Internet sales across state lines as well.
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.
This is a legally binding contract, seek legal advice if you do not understand and portion herein.
TO ACTIVATE THIS GUARANTEE NEW OWNER NEEDS TO SUBMIT THE NEW PUPPIES VETERINARY WELLNESS EXAM TO ACTIVATE GUARANTEE. IF BUYER FAILS TO SEND VETERINARY "72 HOUR" WELLNESS REPORT WITHIN 5 DAYS AFTER PURCHASE THE GUARANTEE IS VOID. ((NO EXCEPTIONS))
This contract is null and void if the terms and conditions are not fulfilled.
EMAIL WELLNESS REPORT TO:
FrenchiesofCentralFlorida@Outlook.com
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ARBITATION AGREEMENT
*** Agreement to Mandatory Individual Arbitration & Class Action Waiver.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, CUSTOMER AND FRENCH BULLDOGS OF FLORIDA AGREE
THAT THE EXCLUSIVE MEANS FOR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, OR CUSTOMER'S INTERACTION WITH OR RELATIONSHIP WITH RCF, SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND RCF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. THE CUSTOMER AND FBF FURTHER AGREE AS FOLLOWS:
This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of, or relating to any aspect of the relationship between Customer and FBF, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Customer's relationship with FBF; and (4) claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class.
- Customer and Seller hereby agree that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Customer and PuppySpot agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, CUSTOMER AND FBF ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS CUSTOMER AND RCF AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
- Customer and Seller are each responsible for their respective costs relating to counsel, experts and witnesses.
- This arbitration agreement does not preclude the Customer or Seller from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on a party's behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
- If Customer or Seller fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Orlando, Florida, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any dispute in Small Claims Court in Seminole County in the State of Florida. if your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Seminole.
However, if you initiate a Small Claims case, you are responsible for all your court costs, win or lose in court Seller will not be liable for any court costs or attorneys fees.
The maximum monetary award will be limited to the executed contract price. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Seller (except for small-claims court actions) may be commenced only in the federal or state courts located in Seminole County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Choice of Law: The Agreement, and any claim, controversy or dispute arising under or related to the Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.-
Severability: If any provision, or provisions, of this Agreement is held to be illegal, invalid or unenforceable under applicable law by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired thereby.
