PUPPY SALES POLICIES & BUYER REQUIREMENTS

Purpose and Applicability

These Puppy Sales Policies & Buyer Requirements (“Policies”) establish the requirements and expectations applicable to the purchase, transfer, delivery, transportation, ownership, care, return, rehoming, and continued ownership of any puppy or dog sold by Smith Farm Kennels (“Seller”) to a purchaser (“Buyer”).

These Policies are intended to provide prospective Buyers with clear information concerning Smith Farm Kennels’ requirements and expectations before a puppy is purchased.

These Policies are separate from any Puppy Sales Contract that may be used for an individual transaction. When a written Puppy Sales Contract is used, these Policies may be incorporated into that agreement where appropriate.

1. REQUIRED REVIEW OF POLICIES BEFORE PURCHASE

All prospective Buyers are required to read and review these Smith Farm Kennels Puppy Sales Policies & Buyer Requirements in their entirety before purchasing or placing a deposit on a puppy.

These Policies are publicly available on the Smith Farm Kennels website for review by all prospective Buyers. The Buyer is responsible for locating, reading, and reviewing these Policies before proceeding with a purchase or placing a deposit.

By purchasing or placing a deposit on a puppy from Smith Farm Kennels, the Buyer acknowledges that these Policies were publicly available for review before the transaction and that the Buyer had the opportunity to read and review them before proceeding with the purchase.

The Buyer is encouraged to ask Smith Farm Kennels any questions concerning these Policies, the puppy, the puppy’s records, care requirements, health information, transportation, or any other matter relating to the purchase before proceeding with the transaction.

The Buyer may not claim that the Buyer was unaware of these Policies solely because the Buyer failed to review the Policies before purchasing or placing a deposit when the Policies were publicly available on the Smith Farm Kennels website.

The Buyer may seek independent veterinary or legal advice before purchasing a puppy if the Buyer has questions concerning the puppy, these Policies, or the proposed transaction.

2. BUYER RESPONSIBILITY AND ACCEPTANCE OF THE PUPPY

The Buyer acknowledges that purchasing a puppy is a significant and long-term responsibility.

A puppy’s health, development, temperament, structure, behavior, working ability, and overall condition may be influenced by genetics, environment, nutrition, training, veterinary care, socialization, exercise, handling, and other circumstances after leaving the Seller’s care.

The Buyer assumes responsibility for the puppy upon transfer of possession, subject to any express written obligations of the Seller and any rights or remedies that cannot legally be waived.

The Buyer understands that no breeder can guarantee the future size, weight, appearance, coat, ear carriage, temperament, working ability, hunting ability, protection ability, reproductive ability, or performance of a growing puppy unless a specific written guarantee expressly states otherwise.

3. REQUIRED VETERINARY EXAMINATION WITHIN 48 HOURS

The Buyer is required to have the puppy examined by a licensed veterinarian within forty-eight (48) hours after the Buyer takes possession of the puppy.

The purpose of this examination is to allow the Buyer to have the puppy independently evaluated by a veterinarian of the Buyer’s choosing immediately following the transfer of possession.

If the forty-eight (48) hour period expires on a Saturday, Sunday, or a day on which veterinary offices are closed for a recognized holiday, the examination must be completed on the next available veterinary business day.

The Buyer is responsible for scheduling the examination and for all costs associated with the examination unless otherwise expressly stated in writing.

The pre-sale veterinary examination performed by Smith Farm Kennels, including any livestreamed examination, does not satisfy, replace, waive, extend, shorten, or otherwise modify this 48-hour requirement.

Failure to obtain the required examination within the applicable period may affect the Buyer’s eligibility for any contractual health guarantee, to the extent permitted by applicable law.

4. REQUIRED VETERINARY DOCUMENTATION

The Buyer must obtain written documentation from the examining veterinarian establishing that the puppy was examined.

The documentation should identify the puppy and include, at minimum:

Date of examination;
Veterinarian or veterinary practice;
Puppy identification; and
Veterinary findings or assessment.

The Buyer must retain the veterinary documentation and provide a copy to Smith Farm Kennels upon request when reasonably necessary to evaluate a health-related matter or claim.

If the veterinarian identifies an illness, injury, congenital condition, infectious disease, or other condition that may reasonably implicate a written health guarantee, the Buyer must notify Smith Farm Kennels promptly and provide the applicable veterinary documentation.

A verbal statement from the Buyer concerning a veterinary finding is not sufficient documentation for purposes of evaluating a health-related claim.

5. INITIAL VETERINARY EXAMINATION AND LIVE-STREAMED OBSERVATION

Smith Farm Kennels may arrange for an initial veterinary examination of the puppies before the puppies are transferred to their respective Buyers.

When Smith Farm Kennels provides a live video stream of this examination, each Buyer will have an opportunity to observe the examination of the specific puppy being purchased.

When permitted by the veterinarian and veterinary practice, the Buyer may also ask the examining veterinarian reasonable questions concerning the puppy’s examination, condition, findings, vaccinations, parasite prevention, or other matters addressed during the examination.

The Seller’s pre-sale veterinary examination and any live-streamed viewing of that examination do not satisfy, replace, waive, extend, shorten, or otherwise modify the Buyer’s separate obligation to have the puppy examined by a licensed veterinarian within forty-eight (48) hours after taking possession.

The 48-hour requirement remains fully applicable regardless of whether the Buyer:

Participated in the livestream;
Watched the entire examination;
Asked questions of the veterinarian;
Received veterinary records; or
Was otherwise present or involved in the pre-sale examination.

The pre-sale examination represents the puppy’s condition at the time of that examination and does not constitute a guarantee of the puppy’s future health.

6. NO PUPPY SOLD SIGHT UNSEEN

Smith Farm Kennels will not intentionally complete a puppy sale solely on the basis of photographs, recorded videos, advertisements, pedigrees, descriptions, or verbal representations without providing the Buyer an opportunity to view the specific puppy being purchased before the sale is completed and ownership is transferred.

For an in-person transaction, the Buyer may inspect and view the specific puppy in person before completing the purchase.

When a Buyer cannot travel to Smith Farm Kennels, the Seller may provide a live video viewing of the specific puppy before the sale is completed only when the Seller determines that the proposed transaction and viewing method comply with all applicable federal, state, and local laws and regulations.

A live video viewing is an opportunity to observe the actual puppy and ask questions. It does not, by itself, establish that a transaction qualifies for any particular federal or state exemption from licensing, inspection, or other requirements.

Where applicable law requires the Buyer, Seller, and puppy to be physically present for a particular transaction structure or exemption, those requirements must be followed.

The Seller may require an in-person viewing or decline to complete a transaction if the Seller determines that the proposed method of sale or viewing could violate applicable law or regulatory requirements.

The Buyer understands that viewing the puppy before purchase does not replace the required 48-hour veterinary examination.

7. VETERINARY CARE AFTER PURCHASE

The Buyer agrees to provide appropriate veterinary care throughout the dog’s life, including:

Routine wellness examinations;
Recommended vaccinations;
Parasite prevention;
Appropriate nutrition;
Treatment for illness or injury; and
Other veterinary care reasonably necessary for the dog’s health and welfare.

The Buyer agrees to follow the recommendations of the Buyer’s veterinarian concerning vaccination, parasite prevention, nutrition, exercise, and general medical care.

The Buyer agrees to seek prompt veterinary attention when the puppy is sick, injured, experiencing significant gastrointestinal distress, displaying concerning symptoms, or otherwise requires medical attention.

The Seller cannot control the puppy’s environment, exposure, handling, transportation, veterinary care, or contact with other animals after transfer.

8. HEALTH GUARANTEE

Any health guarantee offered by Smith Farm Kennels applies only to the specific conditions, limitations, exclusions, and time periods expressly stated in the applicable written health guarantee.

A health guarantee does not constitute a guarantee that the puppy will never become ill, injured, develop disease, contract an infectious condition, or require veterinary treatment.

Unless expressly stated otherwise in writing or required by applicable law, the health guarantee does not cover conditions caused or materially contributed to by the Buyer’s failure to provide appropriate:

Nutrition;
Veterinary care;
Vaccinations;
Parasite prevention;
Housing;
Exercise;
Supervision;
Training;
Handling; or
Other reasonable care.

9. CONGENITAL AND HEREDITARY CONDITIONS

The Buyer acknowledges that genetic and hereditary conditions cannot always be predicted, prevented, or eliminated through breeding, health testing, or veterinary examination.

Responsible breeding and health testing may reduce the risk of certain conditions but cannot guarantee that every offspring will be free from every inherited or developmental condition.

Any specific guarantee concerning hereditary or congenital conditions applies only as expressly stated in the applicable written health guarantee or other written agreement.

A veterinary diagnosis alone does not automatically establish a breach of a health guarantee.

10. CONDITIONS AND CHARACTERISTICS NOT GUARANTEED

Unless expressly guaranteed in writing, Smith Farm Kennels does not guarantee:

Final adult size or weight;
Ear carriage;
Coat color or changes in coat color;
Eye color;
Bite changes occurring during growth;
Timing of testicular descent;
Reproductive performance;
Fertility;
Working performance;
Hunting performance;
Protection performance;
Competition performance;
Trainability;
Future titles or certifications;
Future temperament; or
Future behavior resulting from the Buyer’s training, socialization, management, or environment.

Normal developmental changes are not considered defects merely because the puppy’s appearance or behavior changes as the puppy matures.

11. INFECTIOUS DISEASE AND EXPOSURE

Puppies are susceptible to infectious and communicable diseases, including diseases that may have incubation periods during which a puppy may appear healthy.

Smith Farm Kennels cannot guarantee that a puppy will never be exposed to or contract an infectious disease after leaving the Seller’s possession.

The Buyer agrees to minimize unnecessary exposure to unknown dogs and high-risk environments until the puppy has received appropriate vaccinations as recommended by the Buyer’s veterinarian.

12. MEDICATIONS, VACCINATIONS, AND RECORDS

Smith Farm Kennels will provide applicable puppy records maintained by the Seller, including, when applicable:

Vaccination records;
Deworming records;
Veterinary records;
Identification information;
Registration information; and
Other health records maintained by the Seller.

The Buyer is responsible for continuing the puppy’s vaccination and parasite-prevention program after purchase.

The Buyer agrees not to alter, falsify, or knowingly misrepresent veterinary, vaccination, registration, health, or ownership documentation associated with the puppy.

13. PUPPY IDENTIFICATION AND CONDITION AT TRANSFER

Each puppy sold by Smith Farm Kennels should be identified using available information such as:

Puppy name;
Breed;
Sex;
Date of birth;
Microchip number, when applicable;
Registration information, when applicable; and
Other identifying characteristics.

The Buyer acknowledges that the specific puppy identified in the applicable sales documentation is the puppy being purchased.

The Buyer will have an opportunity to observe the puppy before taking possession and ask reasonable questions concerning the puppy’s condition, records, care, and known characteristics.

14. BUYER INSPECTION BEFORE TRANSFER

The Buyer acknowledges that the Buyer has an opportunity to inspect or observe the puppy before taking possession.

The Buyer may evaluate observable physical characteristics and general condition before completing the purchase.

The Buyer understands that an inspection or viewing cannot identify every medical condition, hereditary condition, developmental issue, or future health or behavioral issue.

The required post-purchase veterinary examination remains mandatory regardless of any pre-purchase inspection or viewing.

15. TRANSPORTATION AND SHIPPING

When transportation or shipping is arranged at the Buyer’s request, the Buyer understands that transportation may create additional stress and risks for the puppy.

Transportation costs, airfare, ground transportation, crates, health certificates, airline requirements, transportation fees, and other shipping-related expenses are separate from the purchase price unless expressly stated otherwise.

The Seller is not responsible for delays, cancellations, airline restrictions, weather, transportation interruptions, or other circumstances outside the Seller’s reasonable control.

Each party remains responsible for complying with the federal, state, and local requirements legally applicable to that party.

Nothing in this provision transfers to the Buyer a legal responsibility that applicable law places on the Seller, carrier, or another regulated party.

16. DEPOSITS

Unless expressly stated otherwise in writing, deposits are applied toward the purchase price of the puppy.

Deposits are not transferable to another puppy without Smith Farm Kennels’ approval.

A deposit does not create an ownership interest in the puppy until ownership is transferred according to the applicable sales documentation.

17. PAYMENT AND TRANSFER OF OWNERSHIP

Full payment must be received before the puppy is released to the Buyer unless Smith Farm Kennels has expressly agreed otherwise in writing.

The puppy remains under the Seller’s ownership and control until the purchase price and other required charges have been paid in full and possession has been transferred.

Upon transfer of possession, the Buyer assumes responsibility for the puppy subject to applicable written terms and applicable law.

18. PAYMENT DISPUTES AND CHARGEBACKS

The Buyer is encouraged to contact Smith Farm Kennels directly concerning any concern, dispute, health issue, or contractual matter before initiating a payment dispute or chargeback, except where prohibited by applicable law.

A payment dispute or chargeback does not automatically eliminate the Buyer’s contractual obligations.

Smith Farm Kennels reserves any rights and remedies available under applicable law concerning an improper or unauthorized payment dispute.

19. RETURN AND REHOMING OF THE DOG

If the Buyer becomes unable or unwilling to keep the puppy or dog for any reason, the Buyer must contact Smith Farm Kennels before surrendering, abandoning, selling, transferring, or permanently rehoming the dog.

The Buyer must provide Smith Farm Kennels with a reasonable opportunity to assist with or arrange an appropriate rehoming placement.

Smith Farm Kennels may, at its reasonable discretion, agree to accept the return of a dog originally sold by the kennel.

Smith Farm Kennels does not guarantee that every returned dog will be accepted back into the kennel.

Smith Farm Kennels reserves the right to decline physical return of a dog when, in the Seller’s reasonable judgment, accepting the dog would create an unreasonable risk to the health, safety, welfare, or well-being of the dog, the Seller, the Seller’s family, employees, other dogs, or other animals at the kennel.

Circumstances that may result in Smith Farm Kennels declining to accept a returned dog include, but are not limited to:

Evidence or reasonable indications of neglect;
Physical abuse, mistreatment, or cruelty;
Significant deterioration resulting from inadequate care;
Failure to provide appropriate veterinary care;
Severe behavioral problems caused or substantially worsened by improper training;
Abuse or neglect;
Improper handling or management;
Severe or uncontrolled aggression creating a substantial safety risk;
Behavior presenting an unreasonable danger to people or animals;
Failure to disclose material behavioral or care information necessary to evaluate a safe return; or
Conditions making the dog’s return unsafe or incompatible with the kennel’s ability to properly care for the dog.

The Seller may request veterinary records, photographs, videos, behavioral information, training records, or other reasonably necessary information before determining whether a dog can safely be accepted.

If Smith Farm Kennels declines to physically accept the dog, the Seller may, when reasonably possible, assist the Buyer in identifying an appropriate alternative placement.

The Buyer remains responsible for the dog until a lawful and appropriate transfer of ownership or custody occurs.

20. NO SHELTER SURRENDER WITHOUT PRIOR NOTICE

No puppy or dog originally sold by Smith Farm Kennels shall be surrendered, abandoned, or transferred to an animal shelter, municipal animal-control facility, rescue organization, or similar facility without first giving Smith Farm Kennels written notice and a reasonable opportunity to assist with or arrange the dog’s rehoming, except where immediate action is reasonably necessary to protect the health or safety of the dog or another person.

If the Buyer can no longer keep the dog, including because of changes in health, finances, housing, family circumstances, employment, or other circumstances, the Buyer agrees to contact Smith Farm Kennels before surrendering the dog.

The Buyer agrees to provide Smith Farm Kennels with reasonable information concerning the dog and circumstances requiring rehoming.

The Buyer shall allow Smith Farm Kennels a reasonable opportunity to respond and make arrangements before surrendering the dog.

The purpose of this provision is to give Smith Farm Kennels an opportunity to protect the welfare of dogs originally produced and sold by the kennel and prevent unnecessary shelter surrender when another appropriate placement may be available.

21. RETURN OR SURRENDER DOES NOT CREATE A RIGHT TO A REFUND

The surrender, return, rehoming, or transfer of a puppy or dog does not, by itself, create or establish a right to a refund, reimbursement, credit, or repayment of the original purchase price.

Acceptance of a returned dog and the question of whether any refund is owed are separate matters.

Unless a refund is specifically required by an applicable written health guarantee, separate written agreement, or applicable law, no refund shall be owed solely because the Buyer can no longer keep the dog or voluntarily surrenders, returns, or transfers the dog.

This applies regardless of whether the reason involves:

Health;
Finances;
Housing;
Employment;
Family circumstances;
Lifestyle changes;
Training difficulties;
Behavioral concerns; or
Other circumstances arising after purchase.

If Smith Farm Kennels voluntarily agrees to provide a refund, credit, reimbursement, or other financial consideration, the terms should be established in writing.

22. BUYER’S ABILITY TO PROVIDE LIFETIME CARE

The Buyer acknowledges that ownership of a dog is a long-term responsibility requiring an appropriate financial, physical, and personal commitment.

The Buyer represents that, at the time of purchase, the Buyer reasonably expects to be capable of providing appropriate food, housing, veterinary care, training, supervision, and other necessary care.

If, before completing the purchase, the Buyer is aware of a serious or terminal medical condition, or another circumstance that the Buyer reasonably knows or believes may materially impair the Buyer’s ability to provide appropriate care for the puppy, the Buyer agrees to disclose that circumstance to Smith Farm Kennels before completing the purchase.

This provision is intended solely to allow the Seller and Buyer to reasonably consider whether the Buyer will be able to provide appropriate lifetime care.

It does not require disclosure of medical information beyond what is reasonably necessary to evaluate the Buyer’s ability to provide appropriate care and is not intended to discriminate against a Buyer on the basis of a disability or medical condition.

If circumstances later change and the Buyer may no longer be able to provide appropriate care, the Buyer agrees to contact Smith Farm Kennels as soon as reasonably possible so that the Seller may assist with rehoming or discuss whether the dog can be returned.

23. MICROCHIP AND CONTACT INFORMATION

If the puppy has been microchipped before transfer, the Buyer agrees to register or update the microchip information with the applicable registry using accurate contact information.

The Buyer agrees to keep the microchip information current.

The Buyer should also provide Smith Farm Kennels with updated contact information when reasonably necessary to facilitate communication concerning the dog’s health, safety, identification, return, or rehoming.

24. LOST OR STOLEN DOG

If the dog is lost, missing, or believed to have been stolen, the Buyer agrees to make reasonable efforts to recover the dog.

Reasonable recovery efforts may include contacting:

Animal-control agencies;
Shelters;
Veterinary practices;
Microchip registries;
Law enforcement, when appropriate; and
Other appropriate resources.

The Buyer agrees to notify Smith Farm Kennels when reasonably possible so that the Seller may assist with reasonable recovery efforts.

25. NO UNAUTHORIZED TRANSFER FOR UNLAWFUL OR ABUSIVE PURPOSES

The Buyer agrees not to knowingly sell, transfer, surrender, or place the dog for:

Dog fighting;
Animal cruelty;
Illegal activities;
Abuse;
Exploitation; or
Any other purpose that would knowingly place the dog at unreasonable risk of injury, abuse, neglect, or exploitation.

The Buyer agrees to exercise reasonable care when selecting any subsequent person or organization to whom the dog is transferred.

26. RESALE OR SUBSEQUENT TRANSFER

If the Buyer later sells, gives away, transfers, or permanently places the dog with another person, the Buyer should disclose applicable written restrictions, breeding restrictions, health information, and rehoming requirements to the subsequent owner.

The Buyer should inform any subsequent owner that Smith Farm Kennels requires the kennel to be contacted before the dog is surrendered to a shelter, rescue organization, animal-control facility, or similar organization.

The Buyer shall not knowingly misrepresent the dog’s history, health, behavior, registration status, or applicable restrictions to a subsequent owner.

27. NO GUARANTEE OF FUTURE BEHAVIOR

Temperament and behavior may be influenced by genetics as well as training, socialization, environment, handling, exercise, management, and life experiences.

Smith Farm Kennels does not guarantee that a puppy will develop into a particular type of working, hunting, protection, competition, family, or companion dog unless expressly guaranteed in writing.

The Buyer is responsible for providing appropriate training, socialization, supervision, exercise, and behavioral management after taking possession.

The Buyer agrees to provide age-appropriate training and socialization appropriate for the breed and individual dog.

28. BREEDING RIGHTS

If a puppy is sold with breeding rights, those rights should be expressly identified in the applicable sales documentation.

If a puppy is sold with limited registration, a spay/neuter requirement, breeding restriction, or other registration limitation, the Buyer agrees to comply with those written restrictions.

No verbal statement concerning breeding rights, registration status, or future breeding arrangements shall modify written terms.

If the Buyer becomes aware of a serious hereditary or congenital condition that may reasonably affect breeding decisions, the Buyer should obtain appropriate veterinary advice before breeding the dog.

29. REGISTRATION AND PEDIGREE DOCUMENTATION

Registration and pedigree documents, when applicable, will be provided according to the applicable sales documentation and registry requirements.

Registration with a kennel club or registry does not constitute a guarantee of health, temperament, working ability, breeding quality, or future performance.

The Buyer is responsible for ensuring that registration information remains accurate and for complying with applicable registry rules.

30. BUYER’S DUTY TO PROVIDE SAFE CARE AND PROPER NUTRITION

The Buyer agrees to maintain the puppy in a safe environment and provide appropriate:

Shelter;
Clean water;
Veterinary care;
Supervision;
Exercise;
Humane treatment;
Training; and
Nutrition.

The Buyer agrees to feed the puppy a high-quality, nutritionally complete and balanced puppy food specifically formulated for large-breed puppies, appropriate for the puppy’s age, size, and developmental needs.

The Buyer agrees to follow appropriate feeding guidelines and provide reasonable access to clean, fresh drinking water at all times.

Gradual Food Transition

The Buyer shall not make a sudden or abrupt change to the puppy’s diet.

Any change from the food being fed by Smith Farm Kennels at the time of transfer should be made gradually over approximately fourteen (14) days, unless a licensed veterinarian determines that a different transition period is medically necessary.

The Buyer understands that abrupt dietary changes may cause gastrointestinal upset, including diarrhea, vomiting, decreased appetite, or other digestive problems.

The Buyer agrees to make dietary changes responsibly and in a manner appropriate for the puppy’s age and condition.

The Buyer agrees not to intentionally feed the puppy an inadequate, nutritionally incomplete, or inappropriate diet.

The Buyer should consult the puppy’s veterinarian concerning appropriate food, feeding amounts, feeding schedules, and dietary adjustments as the puppy grows.

Failure to provide appropriate nutrition, including failure to appropriately transition the puppy to a different food, may be considered when determining whether a subsequent illness or condition was caused or materially contributed to by the Buyer’s care, to the extent permitted by applicable law.

31. OFA TESTING, BREEDING HEALTH, AND FUTURE RESULTS

Smith Farm Kennels makes breeding decisions based upon available health information and appropriate health testing of its breeding dogs.

When the sire and dam have completed applicable OFA evaluations, Smith Farm Kennels represents those parental OFA results accurately as they existed at the time of breeding.

The Buyer acknowledges that health testing of the sire and dam is an important component of responsible breeding but does not constitute a guarantee that every puppy produced from those parents will receive a particular OFA result later in life.

Inherited orthopedic conditions can involve complex genetic and developmental factors. Responsible breeding and health testing can reduce risk but cannot guarantee a particular result in every offspring.

For hips, OFA classifies results as Excellent, Good, Fair, Borderline, Mild, Moderate, or Severe. Excellent, Good, and Fair are within normal limits; Borderline is indeterminate; and Mild, Moderate, and Severe are dysplastic.

For elbows, OFA uses Normal and Grades I, II, and III for elbow dysplasia.

32. NO AUTOMATIC REMEDY FOR AN UNFAVORABLE OFA RESULT

An unfavorable, borderline, or dysplastic OFA result, by itself, does not constitute a breach of Smith Farm Kennels’ obligations and does not automatically create any right to a refund, replacement puppy, reimbursement, credit, payment of veterinary expenses, or other remedy.

Smith Farm Kennels does not guarantee that a puppy will receive a particular OFA rating or that the puppy will ultimately receive an OFA classification within normal limits.

The fact that both parents received acceptable OFA evaluations before breeding does not create a guarantee that every offspring will receive an acceptable OFA evaluation.

The Seller’s responsibility concerning OFA results is limited to any specific written representation or guarantee expressly provided in applicable sales documentation and any responsibility imposed by applicable law.

The Buyer acknowledges that Smith Farm Kennels cannot control the dog’s development after transfer, including nutrition, body condition, exercise, activity level, injuries, environmental factors, veterinary care, and other factors that may affect orthopedic health.

33. BORDERLINE OFA RESULTS

A Borderline hip result is not classified by OFA as normal, but it is also not classified by OFA as dysplastic.

OFA describes Borderline as an indeterminate category where the radiologists cannot clearly classify the hips as normal or dysplastic.

Accordingly, Smith Farm Kennels will not treat a Borderline result as automatically establishing that the dog has hip dysplasia.

However, a Borderline result is considered an unfavorable or indeterminate result for purposes of Smith Farm Kennels’ reevaluation rights described below.

34. RIGHT TO REQUIRE OFA REEVALUATION

If an official OFA evaluation produces a Borderline result, dysplastic result, or another result that is not within the normal classification represented in applicable sales documentation, Smith Farm Kennels shall have the right to require an additional veterinary evaluation.

The reevaluation may include, when appropriate:

Physical examination;
Additional radiographs;
Diagnostic imaging;
Specialist evaluation;
Repeat OFA evaluation; or
Other appropriate diagnostic testing.

The reevaluation shall be performed by a licensed veterinarian, veterinary specialist, veterinary facility, or other qualified professional selected by Smith Farm Kennels.

The location shall be reasonably designated by the Seller.

The Buyer agrees to make the dog reasonably available for the required reevaluation and cooperate in scheduling the examination.

Buyer Responsible for Reevaluation Costs

All reasonable costs associated with a reevaluation requested by Smith Farm Kennels under this provision shall be the responsibility of the Buyer.

Such costs may include:

Veterinary examination fees;
Radiographs;
Diagnostic imaging;
Sedation or anesthesia when medically necessary;
OFA fees;
Laboratory fees; and
Reasonable transportation expenses.

The Buyer shall provide Smith Farm Kennels with the original OFA report and other veterinary records reasonably necessary to evaluate the result.

The purpose of the reevaluation is to provide Smith Farm Kennels with an additional professional assessment and allow the Seller to determine whether the original result requires further investigation or consideration in evaluating the dog’s health and breeding status.

Smith Farm Kennels’ request for reevaluation does not constitute an admission that the original OFA result was incorrect, does not constitute an admission of liability, and does not create a refund or replacement obligation.

A reevaluation does not guarantee that a different result will be obtained.

35. OFA RESULTS AND FUTURE BREEDING DECISIONS

Smith Farm Kennels may consider:

Original OFA results;
Reevaluation results;
Diagnostic findings;
Veterinary opinions;
The dog’s age;
Medical history;
Environmental history; and
Other relevant information

when evaluating the dog’s health and breeding status.

Smith Farm Kennels may use documented OFA results and other health information from offspring when evaluating future breeding decisions.

The Seller may use such information to make responsible decisions concerning future pairings, breeding dogs, and the continuation or discontinuation of particular bloodlines.

36. CLAIMS UNDER A WRITTEN HEALTH GUARANTEE

Any claim made under an applicable written health guarantee should be submitted in writing and supported by appropriate veterinary documentation.

Smith Farm Kennels may request additional records reasonably necessary to evaluate the claim.

When reasonably necessary to evaluate a health-related claim, the Buyer may be asked to authorize the release of relevant veterinary records concerning the claimed condition, subject to applicable law and the policies of the veterinary practice.

The Buyer agrees to cooperate in providing veterinary records and relevant information necessary to determine whether a claimed condition falls within an applicable written health guarantee.

The Seller shall not be responsible for veterinary expenses incurred without prior authorization when applicable written terms require prior authorization, except where applicable law provides otherwise.

37. REMEDIES

If a valid claim is established under an applicable written health guarantee, any remedy shall be determined according to the specific written terms of that guarantee and applicable law.

Depending upon the circumstances and applicable written terms, a remedy may include:

Replacement;
Return;
Refund; or
Another specifically stated remedy.

No remedy is owed solely because a dog receives an unfavorable OFA result unless an applicable written guarantee expressly provides such a remedy or applicable law requires one.

The Buyer is not entitled to multiple recoveries for the same condition or loss.

Nothing in these Policies is intended to waive any right or remedy that cannot legally be waived.

38. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Smith Farm Kennels shall not be responsible for indirect, incidental, special, consequential, or punitive damages arising from the purchase, ownership, transportation, training, use, or possession of the puppy.

Nothing in this provision is intended to exclude or limit liability that cannot legally be excluded or limited.

39. FORCE MAJEURE

Smith Farm Kennels shall not be responsible for delay or failure to perform an obligation caused by circumstances beyond its reasonable control, including:

Severe weather;
Natural disasters;
Governmental action;
Transportation interruption;
Airline restrictions;
Disease outbreaks;
Acts of God;
Emergency veterinary circumstances; or
Other events that could not reasonably be prevented or controlled.

40. BUYER’S ACKNOWLEDGMENT OF RISK

The Buyer understands that ownership of a dog carries inherent risks and responsibilities.

Dogs may become injured or ill, may behave unpredictably under certain circumstances, and may cause property damage or injury despite appropriate breeding, socialization, training, and care.

The Buyer accepts responsibility for appropriately managing and supervising the dog after transfer.

41. TEXAS AND INTERSTATE SALES

Smith Farm Kennels may sell puppies to Buyers located within Texas as well as Buyers located in other states.

For puppies sold and delivered entirely within Texas, the transaction is subject to applicable federal, Texas, and local laws and requirements governing the sale, transfer, possession, and ownership of the puppy.

For puppies sold in Texas and transported or delivered to a Buyer in another state, the transaction may involve interstate commerce and the destination state’s animal-entry requirements.

The Buyer acknowledges that destination-state requirements may differ from Texas requirements and may change over time.

For interstate transactions, the parties shall comply with the federal, state, and local requirements legally applicable to their respective roles in the transaction.

The Buyer is responsible for providing accurate destination information and sufficient advance notice of destination-state requirements applicable to the Buyer’s responsibilities or the dog’s entry into that state.

When documentation, examination, vaccination, testing, or other veterinary requirements are necessary for interstate transportation, the parties will comply with the requirements legally applicable to each party.

Smith Farm Kennels will provide applicable records and documentation in the Seller’s possession that are reasonably necessary for the transfer.

The Seller will not be responsible for obtaining documentation, examinations, testing, vaccinations, permits, or other services that are not legally required of the Seller or that have not been expressly agreed upon.

The Buyer understands that failure to satisfy destination-state requirements may result in delay, refusal of entry, quarantine, additional veterinary expenses, transportation expenses, or other consequences imposed by the destination state or transportation provider.

The Seller may refuse or delay delivery or transportation when the Seller reasonably believes applicable legal, veterinary, transportation, or animal-entry requirements have not been satisfied.

Nothing in these Policies is intended to waive, eliminate, or limit a mandatory federal, state, or local law or regulation.

42. LIFETIME REHOMING REQUIREMENT

The obligations concerning notice to Smith Farm Kennels before surrendering the dog, the opportunity for Smith Farm Kennels to assist with rehoming, and the requirement to contact Smith Farm Kennels before shelter surrender are intended to remain applicable for the lifetime of the dog, to the fullest extent permitted by applicable law.

These requirements are intended to protect the welfare of dogs originally produced and sold by Smith Farm Kennels and give the kennel an opportunity to assist with appropriate placement if the original Buyer or a subsequent owner can no longer keep the dog.

43. NO WAIVER

Failure by Smith Farm Kennels to immediately enforce any provision of these Policies does not constitute a waiver of the Seller’s ability to enforce that provision later.

A waiver should be made in writing.

44. CHANGES TO POLICIES

Smith Farm Kennels may update or revise these Policies from time to time.

Any updated version should be clearly identified by its effective date.

The version publicly available at the time a Buyer places a deposit or completes a purchase shall be the version applicable to that transaction to the extent incorporated into the applicable sales documentation, subject to applicable law.

45. APPLICABLE LAW

These Policies are intended to operate subject to applicable federal, state, and local law.

Nothing in these Policies is intended to waive, eliminate, or restrict a right, remedy, protection, or requirement that cannot legally be waived or restricted.

Because Smith Farm Kennels may sell puppies both within Texas and to Buyers in other states, particular transactions may be subject to mandatory requirements applicable to the specific transaction.

Texas law contains provisions concerning certain persons who breed dogs intended primarily for herding, hunting, or organized performance purposes. Whether a particular transaction or breeding activity falls within any exemption depends upon the facts and applicable law.

IMPORTANT BUYER NOTICE

Before purchasing or placing a deposit on a puppy from Smith Farm Kennels, every prospective Buyer is required to read these Puppy Sales Policies & Buyer Requirements in their entirety.

These Policies are publicly available on the Smith Farm Kennels website for prospective Buyers to review before purchasing or placing a deposit.

The Buyer is responsible for reviewing the Policies before proceeding with a transaction.

The Buyer should make sure they understand:

The 48-hour post-possession veterinary examination requirement;
The requirement to obtain and retain veterinary documentation;
The pre-sale veterinary examination and livestream;
That the livestream does not replace the 48-hour examination;
The no-sight-unseen policy;
The requirement concerning gradual food transition;
The requirement to feed a high-quality large-breed puppy food;
The return and rehoming requirements;
The prohibition against shelter surrender without first contacting Smith Farm Kennels;
That surrender or return does not automatically create a refund;
Smith Farm Kennels’ right to decline certain returned dogs;
The Buyer’s responsibility for appropriate training and care;
The lifetime rehoming requirement;
The OFA testing provisions;
That parental OFA results do not guarantee offspring results;
That an unfavorable OFA result does not automatically require Smith Farm Kennels to refund, replace, reimburse, or otherwise remedy the dog;
Smith Farm Kennels’ right to require an OFA reevaluation;
The Buyer’s responsibility for reasonable reevaluation costs; and
The applicable requirements for Texas and interstate transactions.

By proceeding with a purchase or deposit after these Policies have been publicly available for review, the prospective Buyer acknowledges that the Buyer had the opportunity to read and review these Policies before proceeding with the transaction

Policies and Contracts