Siberian Husky – Genetic Guarantee

|Siberian Husky – Genetic Guarantee
Siberian Husky – Genetic Guarantee2018-03-19T21:05:42+00:00

Husky Palace and Adopter, in consideration of the mutual promises contained herein, agree that the transfer of the puppy shall be subject to the following terms and conditions:

  1. Adopter promises that Adopter has conducted extensive research about Siberian Huskies and has concluded that the breed fits well with the Adopter’s lifestyle.
  2. Adopter understands that any animal can sometimes behave in unpredictable, and even aggressive, ways. Adopter understands and agrees that the behavior and ultimate management of the disposition of this puppy are the Adopter’s responsibility. Husky Palace is not responsible for any aggressive acts, or any other problems, associated with this puppy. Husky Palace makes no representations or warranties concerning the behavior of the puppy after the transfer and assumes no liability for the puppy’s behavior. The Adopter agrees to take appropriate training measures to establish dominance and ensure that the dog is taught proper manners with respect to ‘sharing’ of possessions and food, socialization, and leash-work. The Adopter agrees to give the dog adequate time and attention and monitor the dog’s disposition and behavior closely.
  3. Adopter may return the puppy to Husky Palace at any time and for any reason. Husky Palace will, however, only issue refunds on the following schedule of the Adoption Fee:
    1. Within 24 hours of the Adopter’s receipt of the puppy, Husky Palace will refund 75% of the Adoption Fee upon the return of the puppy to Husky Palace.
    2. After 24 hours but within one week of the Adopter’s receipt of the puppy, Husky Palace will refund 50% of the Adoption Fee upon the return of the puppy to Husky Palace.
    3. After one week but before two weeks of the Adopter’s receipt of the puppy, Husky Palace will refund 25% of the Adoption Fee upon the return of the puppy to Husky Palace.
    4. After two weeks, Husky Palace will refund only the lesser of (a) 5% of the Adoption Fee (b) $25 upon the return of the puppy to Husky Palace.
    5. Regardless as to the date of the return of the puppy, all veterinarian expenses occurring before Husky Palace’s receipt of the returned puppy and all transportation expenses associated with the return of the puppy will remain the sole responsibility of the Adopter. Furthermore, prior to the receipt of any refund, the Adopter must return the puppy’s AKC papers, health record, and microchip information.
  4. The Processing Fee & shipping fee is always non-refundable.
  5. Adopter promises that Adopter will not, without the written permission of Husky Palace, sell or otherwise permanently transfer the puppy to any third-party, including a humane society for re-adoption. Further, the Adopter promises that it will not, except upon the recommendation of a veterinarian, euthanize the puppy. If the Adopter no longer wishes to keep the puppy, the Adopter agrees to return the puppy to Husky Palace, pursuant to the refund schedule set forth in Paragraph 3, above.
  6. Husky Palace only offers a limited warranty:
    1. Husky Palace offers a limited one-year limited genetic guarantee beginning from the puppy’s birth until the end of its first year of life, as follows:
      1. If the puppy is diagnosed within one year of its birth as having hip dysplasia or a genetic eye condition, either of which affects the puppy’s health but does not lead to its death within the puppy’s first year, the Adopter has the right to:
        1. Keep the puppy and receive a payment equal to the Adoption Fee to help pay for the puppy’s course of treatment, which will otherwise be the sole responsibility of the Adopter;
        2. Keep the puppy and receive another puppy of the same value, and the Adopter will be solely responsible for the original and replacement puppy’s veterinary expenses; or
        3. Return the puppy and receive another puppy of the same value; however, all veterinarian expenses occurring before Husky Palace’s receipt of the returned puppy and transportation expenses associated with the return of the puppy will remain the sole responsibility of the Adopter.
      2. If the puppy is so diagnosed within one year of its birth as having hip dysplasia or a genetic eye condition that leads to its death within the puppy’s first year, Husky Palace will provide a replacement puppy of the same value, but the Adopter will be solely responsible for the original and replacement puppy’s veterinary expenses.
      3. If the puppy is so diagnosed within four days of the Adopter’s receipt of the puppy, Husky Palace will pay for the veterinary treatment of the following conditions in an amount not to exceed the Adoption Fee: intestinal worms, Parvovirus (covered treatment limited to Tamiflu), Corona, Distemper, and/or Parainfluenza. Any diagnosis of Parvovirus must be immediately reported to Husky Palace.
      4. If the puppy is diagnosed within two days of the Adopter’s receipt of the puppy, Husky Palace will pay for the veterinary treatment of the following conditions in an amount not to exceed the Adoption Fee: lice, mites, fleas, and/or ticks.
    2. To be eligible for any relief under this Paragraph 6:
      1. The Adopter must, at the Adopter’s expense, provide documentation sufficient to establish—to Husky Palace’s sole and absolute satisfaction—the identity of the puppy, a requirement which shall include but not be limited to providing a recent picture of the puppy’s face and body.
      2. The Adopter must also have had the puppy inspected, at the Adopter’s expense, by a licensed veterinarian within four days of the Adopter’s receipt of the puppy.
      3. The Adopter must, at Adopter’s expense, vaccinate the puppy and provide regular veterinary care for the puppy.
      4. The Adopter must not allow the puppy to become overweight.
    3. To be eligible for any relief under Paragraph 6(a)(i)-(ii):
      1. The Adopter must comply with the requirements of Paragraph 6(b).
      2. The Adopter must additionally provide a certificate from the Orthopedic Foundation for Animals (“OFA”) that either (a) the hip is “borderline,” “mild,” “moderate,” or “severe,” or (b) that the puppy’s eyes are “ineligible.”
      3. At the time of the foregoing certification, the OFA must have in its records the microchip number of the puppy that Husky Palace provided to the puppy, the AKC registration number, the puppy’s date of birth, the puppy’s sex, the puppy’s breed, and the puppy’s color. Any certification submitted without all of the foregoing shall be deemed void, and no subsequent certification shall be eligible to be accepted.
  7. Under no circumstances does Husky Palace assume any responsibility for skin problems (and related costs), including alopecia; or for spaying / neutering costs, including those associated with undescended testes.
  8. Adopter understands and agrees that Husky Palace has not represented or promised, and will not represent or promise, the color, eye color, weight, markings, disposition, conformation, and/or temperament of the puppy.
  9. Adopter promises that the puppy will always be treated in a humane manner and NEVER will be used in connection with any type of dog fighting.
  10. Adopter represents and warrants that, in entering into this contract, Adopter has not relied on any oral or other representation that is not specifically contained in this signed contract. Further, this signed contract is fully integrated and supersedes all prior understandings and agreements and may only be modified in a signed writing.
  11. If Adopter breaches its obligations under this contract, Adopter agrees to pay as liquidated damages an amount equal to the Adoption Fee. In lieu of proceeding at law to collect liquidated damages, Husky Palace may proceed in equity (including requesting injunctive relief). In either event, Adopter agrees to pay Husky Palace’s attorney’s fees if Adopter breaches this agreement.
  12. Any disputes arising out of or otherwise in connection with this agreement must be filed in the courts of Anderson County, South Carolina, and all disputes will be subject to South Carolina law, notwithstanding its choice-of-law rules.
  13. Unless otherwise agreed in writing, the puppy is to be used as a PET only and thus may not be used for any lucrative endeavor.
  14. Unless otherwise agreed in writing, the Adopter will not use the animal for breeding.
  15. Under no circumstances will Husky Palace ever be liable, in law or in equity, to Adopter in an amount exceeding the Adoption Fee.
  16. If any provision of this agreement is held to be void or otherwise unenforceable, that provision shall be severed and the remaining provisions enforced.
  17. Except as otherwise stated in Paragraph 6, above, Husky Palace disclaims all express and implied warranties, including the warranty of merchantability or fitness for any particular purpose.
  18. Adopter agrees to defend, indemnify, and hold harmless husky palace (and its representative) from all claims arising at law or in equity concerning the puppy’s behavior.
  19. Adopter releases husky Palace (and its representative) from all present and future claims, even those not yet known or in existence, concerning the puppy’s damage to persons or property, except that which is the result of gross negligence or wanton misconduct.
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