This Puppy Purchase Agreement ("Agreement") is made between PuppySpot Group, LLC, a Florida limited liability company ("PuppySpot"), and the individual purchasing the puppy pursuant to this Agreement ("Customer" and collectively, with PuppySpot, the "Parties") for the purchase of the puppy identified by the Parties (the "puppy"). The Customer may also purchase products for the puppy ("Products")
The puppy is sold as-is, and, other than as expressly set forth herein or in the Health Guarantee , the terms of which are incorporated herein by reference and are made a part of this Agreement, PuppySpot makes no representations, warranties, covenants, agreements or guarantees including, without limitation, those relating to disposition, conformation, size, weight, color or markings of the puppy.
The following terms and conditions also apply to your purchase of the puppy from PuppySpot:
NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
The value of the puppy for all purposes of this Agreement and PuppySpot's Health Guarantee (the "Health Guarantee"), is limited to the purchase price of the puppy (the "Purchase Price"), and does not include, as applicable, applied store credit, taxes, shipping costs, health certificate, veterinarian costs, shipping crate or any additional costs or expenses incurred or asserted by Customer in connection with the puppy.
All puppies are sold as pets. Customer agrees and acknowledges that Customer will not breed the puppy. Customer agrees to spay or neuter the puppy at an appropriate age, as determined in consultation with Customer's veterinarian. Customer further agrees to care for the puppy in a humane and responsible manner, including, but not limited to providing it with clean and adequate shelter, food, water and veterinary care. Customer agrees that the puppy shall reside inside his or her home, shall not be allowed to roam freely, and shall wear a collar with identification tags and any required license tags at all times.
Following is PuppySpot’s Code of Conduct:
Registration papers will only be sent for registered puppies and may not be sent until such time as the puppy has been spayed or neutered. Registration papers for all registered puppies will be sent by regular mail typically within two to four weeks of PuppySpot receiving confirmation of spay or neuter and could take up to six months. Any costs to obtain new or renewal registration papers are the sole responsibility of Customer. If the papers are lost, PuppySpot will assist Customer in obtaining new papers at Customer's expense.
PuppySpot makes every commercially reasonable effort to provide accurate and up-to-date information on PuppySpot.com (the "Website") regarding puppies sold through PuppySpot's network. Such information includes, but is not limited to, breed, gender, color, date of birth, weight, parents' weights and registration details. PuppySpot relies on its network of breeders to accurately post thousands of puppies on the Website and is not responsible for typographical or photographical errors.
As soon as the puppy is ready for travel, the puppy will typically travel within seven to fourteen days of the effective date of this Agreement. Occasionally, a puppy may need additional time with its breeder before travel. The final determination of the travel date for the puppy is made by the puppy's breeder and the breeder's veterinarian, with the health of the puppy being the primary determining factor. Transportation of the puppy is provided by, and generally arranged through, third parties. Occasionally, there may be delays for numerous reasons, including, but not limited to, weather, temperature restrictions, logistics, mechanical failure or other unforeseen events. PuppySpot shall not be liable, directly or indirectly, for any delays, including, without limitation, those that may cause Customer inconvenience or financial loss, nor shall any delay be a valid cause for cancellation of Customer's purchase of the puppy. Customer understands and agrees that no refund shall be provided by PuppySpot and/or its affiliated breeders due to any airline/airport delays or cancellations of the puppy's flight, whether such travel is domestic or international. Customer is solely responsible for any required documentation, health reports, or vaccinations that may be necessary to transport the puppy into any country other than the United States or Canada. Once travel plans are confirmed, there is a non-refundable change fee of $200 if Customer makes any changes to the travel plans.
Until such time as Customer has received confirmation from PuppySpot or the puppy's breeder about the date upon which the puppy will be delivered, Customer may cancel purchase of the puppy by notifying PuppySpot. In the event Customer cancels the purchase, Customer understands and agrees that an administrative fee of up to $495.00 may be retained by PuppySpot. Customer and PuppySpot agree that this amount is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by PuppySpot as a result of such cancellation. If a Customer cancels a purchase after the puppy begins traveling (i.e., departs the breeder’s kennel), Customer will be responsible for the health certificate and travel fees as well as an administrative fee of up to $495.00.
PuppySpot disclaims any and all implied warranties of merchantability and fitness. PuppySpot further specifically disclaims any liability related to the appearance, temperament, personality, size, weight, color, compatibility with breed standards or DNA test results of any puppy. PuppySpot does not warrant the accuracy or completeness of the Products.
PuppySpot will not accept any returns of the puppy for monetary refund for any reason including, without limitation, allergies, landlord/tenant restrictions, marital issues, puppy adjustment problems or any other reason. Puppies need time to adjust to their new surroundings – before deciding your puppy isn't working out, give us a call here at PuppySpot so we can help you figure out if any discomfort you or your puppy are having is routine adjustment or something bigger.
In the event Customer is unable or unwilling to care for the puppy at any time during the puppy's life, Customer agrees to contact PuppySpot immediately regarding rehoming the puppy. If Customer must return the puppy for any reason, it will be on a surrender basis only with no refund or credit, and Customer will be responsible for all travel-related costs. Upon any such surrender, PuppySpot shall use commercially reasonable efforts to find a new home for the puppy through PuppySpot's proprietary rehoming program.
By electronically signing this Agreement, you authorize PuppySpot, AKC Affiliates such as Third Party Pet, and our or their other affiliates to deliver to you, at the telephone number supplied by you to PuppySpot during your purchase, telemarketing text messages and calls using an automatic telephone dialing system or an artificial or prerecorded voice. In particular, some of these calls will enable us to, among other things, complete the AKC registration portion of your purchase. You are not required to consent to receive such phone calls or agree to this clause as a condition of purchase. For example, you may still complete your AKC registration at any time by calling AKC yourself. If you do not agree to receive these text messages or calls, please click here.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, CUSTOMER AND PUPPYSPOT 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 PUPPYSPOT, 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 PUPPYSPOT 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 PUPPYSPOT FURTHER AGREE AS FOLLOWS:
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.
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.
This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale.