Puppy Purchase Agreement and Limited Health Warranty

Three Day Return Policy: If within three days of taking possession of the puppy, the buyer determines that he cannot properly care for the puppy, the buyer may return the puppy to the sellers for a refund, minus the original deposit.

Five Day Health Warranty: The puppy must be examined by a veterinarian of the buyer's choice within five working days. If the veterinarian determines that the puppy is unfit and unhealthy then the puppy may be returned to the sellers (at the buyer's shipping expense) and a full refund will be given. The sellers will not be held responsible for any veterinary care or exam fees. The sellers retain the option to have the puppy re-examined at a veterinarian of the seller's choosing to verify its state of health. If the seller's veterinarian feels that the puppy is healthy and sound, no refund will be given. If the puppy proves to be unhealthy, but it's condition was caused by neglect on the buyer's part, no refund will be given and ownership will transfer back to the sellers. The sellers will not be held responsible for any veterinary care or exam costs and written proof from the buyer's veterinarian with an explanation of the puppy's health must accompany the puppy.

Limited Twenty-six Month Warranty on Hips: If the buyer intends to breed this puppy and/or wishes to keep this warranty valid, then within twenty-six months of age, the buyer must have the puppy x-rayed for the presence of hip dysplasia. If in the opinion of the buyer's veterinarian, the dog shows signs of hip dysplasia that would prevent it from obtaining a hip rating from the Orthopedic Foundation for Animals (OFA), the buyer may apply for a refund or replacement. The x-rays must be sent to the sellers for examination by them or a veterinarian of the seller's choosing. The sellers also retain the option to have the dog x-rayed again at a veterinarian of their choosing. The final determining authority as to the state of the dog's hips will be the OFA. If the dog subsequently receives an OFA rating then all costs associated with the exams will be the buyer's responsibility. If the dog fails to receive a rating, then a full refund of the original purchase price will be given or a credit towards a puppy from a comparable breeding will be given at the seller's discretion and the sellers will pay for only the x-ray that the sellers had taken, all other costs are the responsibility of the buyer. In either case, the dog must be spayed/neutered and proof of such forwarded to the sellers. The sellers also retain the option to assume ownership of the dog, in which case the dog must be returned to the sellers at the buyer's expense with all AKC and/or UKC registration paperwork signing ownership back to seller. Buyer agrees to maintain preventative care of the puppy in regards to hip dysplasia and other skeletal diseases, such as proper nutrition (including avoiding excessive nutrition and weight gain), and proper exercise.

Limited Twenty-four Month Warranty on Eyes: If the buyer intends to breed this puppy and/or wishes to keep this warranty valid, then the buyer must have the dog's eyes examined yearly by an American College of Veterinary Ophthalmologists (ACVO) Diplomate. If these exams are not performed and submitted to the Canine Eye Registration Foundation (CERF), this warranty is void. The sellers guarantee that this dog is free of inheritable, genetic defects that prevent it from functioning as a field retriever. This guarantee is valid for twenty-four months. If any genetic eye defects are found in that time that prevents the dog from performing up to reasonable expectations, the buyer may apply for a full refund of the original purchase price or replacement. The sellers retain the option to have the dog re-examined by an ACVO Diplomate of their choosing. Should the dog prove to have said defects, the sellers will only be responsible for the seller's exam and will either refund the original purchase price, or issue the buyer a credit toward a puppy of a comparable breeding at the seller's discretion. Any eye defects that are not genetically proven to be inheritable are not covered and the Canine Eye Registration Foundation will be the final determining authority as to the health of the dog's eyes. If the eyes are found to be healthy or the defects are not inheritable eye defects, then no refund will be given and the cost of all exams will be the responsibility of the buyer.

First Right of Refusal: If within the first two years of ownership of this puppy, the buyer chooses to transfer full or partial ownership to another person, or to place the puppy with another person the sellers retain the right of first refusal. The buyer must contact the sellers with the specifics on the transfer and give the sellers the option of taking over ownership under these same conditions. If the sellers do not wish to assume the ownership, the sellers will so inform the buyer within a reasonable time. Under no circumstances will the puppy be placed in a shelter. If the puppy is found to be in an ASPCA shelter, Humane Society, rescue program or the like, all rights of ownership revert to the sellers.

General Terms:

1. The puppy must be registered with the American Kennel Club, and the seller's kennel name "Black Powder" or "Black Powder's" must precede all other words in the registered name.
2. If the buyer is entitled to a full or partial refund under these terms and conditions, a check will be sent to the buyer within a reasonable time. If the buyer is entitled to a credit on a puppy from a comparable breeding, the buyer will be credited only the amount of the original purchase price and the buyer must pay the difference if the replacement puppy's price is higher.
3. The warranties as expressed are limited to their terms and conditions. At no time will the sellers be held responsible for any costs or liabilities associated with the buyer's puppy except those spelled out in the above terms and conditions. The sellers will not pay for exams, medications, surgeries, etc authorized by the buyer unless agreed to in writing. This includes any shipping charges to return a dog, or to receive a replacement puppy.
4. This warranty is non-transferable and is void if the puppy is sold and/or full or partial ownership is transferred to another person, if the puppy is bred before obtaining the appropriate OFA and CERF certifications or is bred before the age of twenty-four months.
5. This warranty is void if the pup is not properly fed, kenneled, provided routine veterinary care/vaccinations, or if the pup is subject to physical abuse. The buyer agrees to provide the highest quality of care of puppy in regards, including quality food, water, shelter from heat or cold; active companionship, appropriate exercise, socialization and professional veterinary care whenever necessary. Appropriate professional veterinary care includes, but is not limited to, annual exams, regular parasite checks and worming if necessary, vaccinations as recommended by local protocol, and regular heart worm preventative. Buyer agrees to maintain preventive care of puppy in regards to hip dysplasia and other skeletal diseases, such as proper nutrition (including avoiding excessive nutrition), proper exercise and preventing stress injuries. The buyer shall provide the puppy with humane care and maintain it in accordance with all current and future state, county and municipal laws where buyer resides.
6. In the interest in protecting the Labrador Retriever breed it is agreed that the below sold puppy will only be bred after each of the following conditions have been met:
   1. Puppy reaches minimum two (2) years of age;
   2. Has been x-rayed for hip dysplasia by a licensed veterinarian with film sent to OFA or Penn-Hip and has been certified clear of hip dysplasia;
   3. Annual CERF rating of clear to ensure the animal is free of inherited eye defects. In the event the buyer chooses to breed the puppy, the buyer agrees that this puppy will only be bred to Labrador Retrievers that:
   1. Are AKC and/or UKC registered;
   2. Have been certified free of hereditary hip dysplasia or hereditary eye disease;
   3. Have been certified clear of EIC (exercise induced collapse) and CNM (centronuclear myopathy) and is of good temperament.