Henderson Family Puppies 

Bruce E. Henderson, Owner

328 Lyons Rd
Stoneboro, PA 16153
(724) 376-2576
Email: puppies@henderland.net

www.henderland.net/pups/


GUARANTEE OF GOOD HEALTH

 
Canine Breed: CHIHUAHUA
Canine Date of Birth: ______________________________________
Canine Sex: ______________________________________________
Canine Color and Markings:_________________________________

Sire: ______________________________________________ CKC #______________________

Dam: _____________________________________________ CKC #______________________


(A)   I warrant that the above canine pup being sold is apparently free from and does not exhibit any signs of contagious or infectious diseases, is apparently free from and does not exhibit any signs of any defect which is congenital or hereditary; and does not exhibit any signs of being clinically ill or exhibit any signs of a parasitic infestation on this date of sale.

(B)   For this guarantee to be valid, please have this pup checked by a licensed veterinarian (*) of the purchaser’s choice within ten (10) business days. If within ten business days of the purchase date it is determined through physical examination, diagnostic tests or microscopy by a licensed veterinarian, becomes clinically ill or dies from any contagious or infectious illness or any parasitic illness which renders it unfit for purchase or results in its death, the purchaser may exercise one of the following options:
  1. Return the dog to the seller for a complete refund of the purchase price
  2. Return the dog to the seller for a replacement pup of equal value of the purchaser's choice, providing a replacement pup is available.
  3. Retain the pup and receive reimbursement for reasonable licensed veterinary fees incurred in curing or attempting to cure the affected pup subject to the limitation that the sellers liability for reimbursement shall not exceed the original purchase price of the pup. This clause shall apply only if the purchasers licensed veterinarian determines the pup’s illness can be corrected by procedures that are appropriate and customary. Services are considered reasonable if comparable to the value of similar services rendered by other licensed veterinarians in reasonable proximity to the treating licensed veterinarian. Reimbursement shall not include the cost of initial veterinary examination fee and diagnostic or treatment fees not directly related to the licensed veterinarian’s certification that the animal is unfit for purchase pursuant to this section.
However, if the purchasers licensed veterinarian determines that the pup’s illness incurable, only options 1 or 2 in section (B) shall apply.

Veterinary findings of intestinal and external parasites shall not be grounds for declaring pup unfit for purchase (*) unless the pup is clinically ill or dies due to the condition. A pup shall not be found unfit for purchase on account of injury sustained or illness most likely contracted subsequent to the date of sale. Remedies available under clause (1), (2), and (3) of section (B) shall also apply to replacement pups.

(C)   A licensed veterinarian’s certification of illness or death shall be necessary for a refund or replacement or to receive reimbursement for veterinary costs if the pup is retained by the purchaser and treated for illness as provided in this section. The licensed veterinarian’s certification shall be supplied at the purchaser’s expense. The licensed veterinarian’s certification shall state the following information:
  1. The purchaser’s name and address.
  2. The date the pup was examined.
  3. The breed and age of the pup.
  4. (i)   That the licensed veterinarian examined the pup.
    (ii)  That the pup has or had an illness as described in section (B), which renders it unfit for purchase or which resulted in its death.
    (iii) The precise findings of the examination, diagnostic tests or necropsy.
  5. The treatment recommended, if any, and an estimate of the actual cost of treatment should the purchaser choose to retain the pup and seek reimbursement for licensed veterinary fees to cure or attempt to cure the pup.
  6. The licensed veterinarian’s name, address, telephone number and signature. Within two (2) business days of a veterinary examination which certifies illness or death the purchaser shall notify the seller of the name, address and telephone number of the examining licensed veterinarian. Failure to notify the seller or to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis until a remedy as provided for in section (B) is agreed upon shall result in the purchaser’s forfeiture of rights under this contract. Section (B) shall not apply where a seller, who has provided a health certificate issued by a licensed veterinarian, discloses in writing at the time of sale the health problem for which the purchaser later seeks to return the pup. Such disclosures shall be signed by both the seller and purchaser. Where the seller has provided a guarantee of good health, section (B) shall apply regardless of whether the seller disclosed the health problem at the time of sale.
(D)   The refund or reimbursement required by this section shall be made by the seller not later than fourteen (14) days following receipt of the licensed veterinarian’s certification that the pup is unfit for purchase or has died from a condition defined as unfit for purchase in this section. The certification shall be presented to the seller not later than five (5) days following receipt thereof by the purchaser.

(E)   In the event that the seller wishes to contest a demand for refund, replacement or reimbursement made by the purchaser pursuant to this contract, the seller shall have the right, within two (2) business days of notification by purchaser of a condition which renders the pup unfit for purchase as required in section (B), to require the purchaser to produce the pup for examination by a licensed veterinarian designated by the seller. The veterinarian’s fee for this examination including any diagnostic tests for necropsy shall be paid by the seller. If the pup is incapable of being transported because of being hospitalized, the purchaser’s attending licensed veterinarian shall provide all relevant information regarding the case as requested by the seller’s licensed veterinarian. Unless the pup is hospitalized, failure to produce the pup within two (2) business days from examination by the purchaser will nullify any obligation to replace, refund or reimburse by the seller. Upon examination, if the purchaser and seller are unable to reach an agreement which constitutes one of the options set forth in this contract within fourteen (14) days following receipt of the dog for the examination, either party may initiate an action in a court of competent jurisdiction.

* "Unfit for purchase" means any disease, deformity, injury, physical condition, or illness which severely affects the health of the animal or which was manifested, capable of diagnosis or likely to have been contracted on or before the sale and delivery of the animal to the consumer.

* "Veterinarian" means an individual licensed under the laws of this Commonwealth or any other state to practice veterinary medicine and surgery.

THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF PENNSYLVANIA LAW. THE ACTUAL PROVISIONS OF THE LAW ARE IN SECTION 9.3 OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.

THIS GUARANTEE DOES NOT WARRANT THAT THIS PUP HAS BEEN EXAMINED BY A LICENSED VETERINARIAN. THE PURCHASER MUST HAVE THIS PUP EXAMINED BY A LICENSED VETERINARIAN OF THEIR CHOOSING WITHIN TEN (10) BUSINESS DAYS.


Signed this ____________ day of __________________________20_____                
                                                                                   


I agree that I have given this information to the purchaser both verbally and in writing.


Signed: ____________________________________
             SELLER
   

I agree that I have received this information both verbally and in writing from the seller.


Signed: ______________________________________
            PURCHASER