AKS's Puppy Health Guarantee

YOUR AKS KENNELS

RETRIEVER PUPPY

At the time of pickup or delivery the Buyer’s puppy will have a veterinarian’s statement of health, dewclaws will have been removed and the puppy will have been wormed, vaccinated and if possible micro chipped. Buyer is the solely responsible party for the puppy upon leaving Seller’s facilities. Seller assumes no financial responsibility or liability, of any kind, including veterinary exams, vaccinations, treatments/surgeries of any kind, diagnosis or other expenses once the puppy leaves the Seller’s possession.

AKS Kennels (hereinafter “Seller”, “we” or “us”) breeds dogs that have undergone testing for hereditary conditions. Our dams and the sires used in our program are certified with an Orthopedic Foundation for Animals (OFA) hip rating of good or excellent, Canine Eye Registry Foundation (CERF) eye rating of clear. We research the backgrounds of the sires we use and our own dams. We feel that by adhering to high standards we are reducing the risk of producing a defective pup or litter. No dog is sold for any specific use or guaranty of performance, such as brood bitch, stud dog, show dog or field trial competitor.

Unfortunately, hereditary conditions can remain hidden as unexpressed recessive genes for many generations. It is impossible to state that a puppy will be completely free of any or all hereditary congenital conditions. Therefore, we offer the attached warranty as recourse.

The attached warranty is non-transferable and can only be enforced by the original Buyer, as listed on the AKS Kennels Puppy Sale Agreement, and only if this individual has owned the dog from the time it left Seller to the time the warranty is being enforced.

26 MONTH HIP WARRANTY

THE FOLLOWING WARRANTY WILL BE VAILD AS LONG AS THE PREFIX AKS'S or AKS IS USED IN THE PUPPY'S AKC REGISTRATION NAME. EXAMPLES OF REGISTRATION NAMES: AKS's Dazey Mae Or AKS Water-bound Drake

Until the age of 26 months, puppies are warranted to be free of the following covered hereditary defects: Hip Dysplasia

Until the age of 12 months, puppies are warranted to be free of the following hereditary defects: Any eye defects that are not injury related that would cause the puppy NOT to be able to get a CERF number.

For the purposes of this Warranty, the covered hereditary defect must be diagnosed by the Canine Eye Registry Foundation (CERF), or the Orthopedic Foundation for Animals (OFA). For the purposes of this Warranty, a puppy with a hip rating of Excellent, Good or Fair, by the Orthopedic Foundation for Animals (OFA) shall be considered to be free of Hip Dysplasia.

Limitations and Conditions.

This Warranty is void if:

The dog has been whelped, or sired a litter.
The original Buyer transfers ownership of the dog
The dog dies, is euthanized, or sustains a major physical injury or defects caused by reasons of mistreatment, obesity or abuse
Buyer refuses to produce the dog for independent veterinarian examination if requested
The diagnosis of the covered congenital hereditary condition is first made more than 26 months after the puppy’s date of birth
Buyer fails to give Seller the written NOTICE required under the Warranty Claim Procedure (below) within 26 months of the puppy’s date of birth or within 14 days of the finding of a covered hereditary congenital condition, whichever occurs first.

Warranty Claim Procedure.

No warranty claims will be honored unless the Buyer has followed this Warranty Claim Procedure.

STEP ONE: BUYER’S NOTICE TO SELLER:

If you believe your AKS puppy has a covered hereditary congenital condition, you must send us written notice by certified mail of your claim under this warranty. Your written notice must include:

a. A copy of your veterinarian’s dated report diagnosing one of the covered hereditary congenital conditions listed above

b. A copy of the OFA, CERF report diagnosing one of the covered hereditary congenital conditions listed above

c. Proof of AKC registration showing the AKS's or AKS prefix has been used and the Buyer as registered owner

Your notice to us, together with the materials listed in a, b and c, must be sent to us, by certified mail, no later than 26 months from the puppy’s date of birth or 14 days from the finding of a covered hereditary congenital condition, whichever occurs first.

STEP TWO: OUR VETERINARIAN’S REVIEW:

Within 30 days of the receipt of your notice a licensed veterinarian of our choice will review your veterinarian’s report and the OFA, CERF report at our expense, and:

a. If our veterinarian disagrees with the original diagnosis or believes that a physical examination or further testing is warranted, we will submit, at our expense, the findings to a third licensed veterinarian. We have the right to require that your dog be examined at the sellers expense by such third veterinarian. The third opinion will conclusively determine whether the original findings are valid.

b. If your claim is found to be invalid, we will notify you in writing of such finding and that your warranty claim has been denied.

c. If your claim is found to be valid by any of the above actions, we will provide you with written notification of such finding and you will have the right to enforce your choice of remedies as described below.

Your Remedy Under This Warranty.

Once your claim under this warranty is found to be valid, you have two options:

Option 1 – Buyer returns dog to Seller

The dog may be returned to the Seller, at Buyer’s expense, and AKC registration signed over to Seller. Seller, will replace the dog with a puppy of comparable breeding within twelve (12) months of validation of your claim. If Buyer has not returned the dog to Seller within 14 days of notification of Seller’s validation of Buyer’s claim, Buyer will be limited to the remedies contained in Option 2.

Option 2 – Buyer keeps the dog

Buyer may keep the dog but the Buyer must send Seller proof, acceptable to Seller, that the dog has been spayed or neutered (at Buyer's expense). Upon receipt of proof that the dog has been spayed our neutered, Seller will issue to Buyer a credit for the original purchase price toward another puppy to be used by Buyer within twelve (12) months of validation of the claim. If the price of the replacement puppy is greater than the original puppy purchased, the Buyer will pay the difference.The Buyer will assume the expense of the transportation of the replacement puppy. If such certificate and proof have not been returned to Seller within 14 days of notification of validation of the claim, Buyer will be deemed to have elected to keep the dog, but will have forfeited any remedy under this warranty.

AKC Registration: Puppies must be registered by the new owner no later than 2 months after purchase, no puppy will be warranted if the puppy was registered with the AKC after any required health clearances were done.

NO OTHER WARRANTY OR GUARANTY. Seller makes no other Warranties or Guarantees, implied or expressed, other than those expressly stated in this Warranty. All warranties or guarantees, other than those expressly stated in this Warranty, are hereby expressly denied.

At no time will the Seller make a refund of money.

RIGHT OF FIRST REFUSAL:

If, at ANY time in the life of your AKS Labrador, it becomes necessary for any reason to give up ownership, AKS Labradors would appreciate the primary opportunity to obtain ownership of the dog.

The Buyer understands these terms and conditions and acknowledges by his/her signature that this is a legally binding document

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Seller:

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Buyer

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Buyer