SMITH FARM KENNELS

LIMITED WRITTEN PUPPY HEALTH GUARANTEE

1. PURPOSE OF THIS HEALTH GUARANTEE

This Limited Written Puppy Health Guarantee (“Health Guarantee”) establishes the health-related terms applicable to puppies sold by Smith Farm Kennels (“Seller”) to the original purchaser (“Buyer”).

Smith Farm Kennels breeds and places working and hunting dogs, including dogs intended for hunting, tracking, retrieving, field work, protection sports, working-dog sports, detection work, hunting tests, field trials, and other appropriate working or performance activities.

This Health Guarantee applies only to the specific puppy identified in the applicable sales documentation.

This Health Guarantee is intended to be read together with the Smith Farm Kennels Puppy Sales Policies & Buyer Requirements and the applicable Puppy Sales Contract.

Nothing in this Health Guarantee is intended to waive or limit any right or remedy that applicable law does not permit the parties to waive or limit.

2. PUBLICATION AND REQUIRED REVIEW

This Health Guarantee is publicly available on the Smith Farm Kennels website for prospective Buyers to review before purchasing or placing a deposit on a puppy.

All prospective Buyers are required to read and review this Health Guarantee before purchasing or placing a deposit on a puppy from Smith Farm Kennels.

The Buyer is responsible for reviewing this Health Guarantee before proceeding with a transaction.

The Buyer is encouraged to ask Smith Farm Kennels any questions concerning this Health Guarantee before purchasing or placing a deposit.

By placing a deposit on or purchasing a puppy from Smith Farm Kennels, the Buyer acknowledges that this Health Guarantee was publicly available for review before the transaction and that the Buyer had an opportunity to review its terms before proceeding with the purchase.

3. LIMITED NATURE OF THIS GUARANTEE

Smith Farm Kennels does not guarantee that a puppy will remain free from illness, disease, injury, hereditary conditions, congenital conditions, developmental conditions, orthopedic conditions, infectious disease, or other health problems throughout its lifetime.

Smith Farm Kennels does not guarantee that every possible health concern has been prevented or that a puppy will never develop a health condition after transfer.

Veterinary examinations and health testing are evaluations of the puppy or its parents based upon information available at the applicable time. They cannot predict or eliminate every possible future health condition.

The purpose of this Health Guarantee is to establish the specific health-related obligations and limited remedy voluntarily provided by Smith Farm Kennels, subject to applicable law.

4. PRE-PURCHASE VETERINARY EXAMINATION

Smith Farm Kennels may have puppies examined by a licensed veterinarian before transfer.

When a veterinary examination is performed, it is intended to evaluate the puppy’s condition at the time of that examination.

The examination is not a guarantee of future health and cannot identify every existing or future medical condition.

The Seller’s pre-purchase veterinary examination does not replace the Buyer’s required post-purchase veterinary examination.

5. LIVE-STREAMED VETERINARY EXAMINATION

When Smith Farm Kennels livestreams the puppy’s veterinary examination, the Buyer has an opportunity to observe the examination of the specific puppy being purchased.

When permitted by the veterinarian and veterinary practice, the Buyer may ask reasonable questions concerning the puppy’s examination and findings.

The livestream is provided as an additional opportunity for transparency.

The livestreamed veterinary examination does not replace, satisfy, waive, extend, shorten, or otherwise modify the Buyer’s required 48-hour veterinary examination after taking possession of the puppy.

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 possession is transferred.

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

When an in-person viewing is not reasonably possible, Smith Farm Kennels may provide a live video viewing of the specific puppy when the Seller determines that the proposed transaction complies with applicable federal, state, and local laws.

A live video viewing does not establish that a particular transaction is exempt from any licensing, inspection, transportation, or other legal requirement.

The Seller may require an in-person transaction or decline to complete a transaction when necessary to comply with applicable law.

7. REQUIRED 48-HOUR VETERINARY EXAMINATION

As a condition of this Health Guarantee, the Buyer must have the puppy examined by a licensed veterinarian within forty-eight (48) hours after taking possession of the puppy.

The veterinarian may be selected by the Buyer.

If the forty-eight-hour period expires on a Saturday, Sunday, or recognized holiday when veterinary services are unavailable, the examination must be completed on the next available veterinary business day.

The Buyer is responsible for scheduling and paying for this examination.

The 48-hour examination requirement is a condition of Smith Farm Kennels’ written Health Guarantee. It is not represented as a statement that Texas law independently requires every breeder to use a 48-hour examination period.

The pre-purchase veterinary examination and any livestream do not eliminate or modify this requirement.

8. VETERINARY DOCUMENTATION

The Buyer must obtain written documentation establishing that the required veterinary examination was completed.

The documentation should identify:

The puppy;
Date of examination;
Veterinary practice;
Examining veterinarian; and
Relevant veterinary findings.

The Buyer must retain this documentation.

If the veterinarian identifies a condition that the Buyer believes may be covered by this Health Guarantee, the Buyer must provide Smith Farm Kennels with the applicable veterinary documentation.

A verbal statement from the Buyer concerning a diagnosis or veterinary finding is not sufficient documentation to establish a health claim.

9. NOTICE OF A POTENTIAL HEALTH CLAIM

If the Buyer believes the puppy has a condition potentially covered by this Health Guarantee, the Buyer must notify Smith Farm Kennels promptly after the condition is discovered.

The Buyer must provide appropriate veterinary documentation supporting the claimed condition.

The Buyer should not delay necessary veterinary treatment while waiting for Smith Farm Kennels to respond.

If emergency veterinary treatment is necessary, the Buyer should obtain immediate veterinary care and notify Smith Farm Kennels as soon as reasonably practical afterward.

10. VETERINARY RECORDS AND ADDITIONAL EVALUATION

Smith Farm Kennels may request veterinary records reasonably necessary to evaluate a health claim.

The Buyer agrees to provide copies of relevant veterinary records upon reasonable request.

When reasonably necessary to evaluate a claimed condition, Smith Farm Kennels may require an additional veterinary examination, diagnostic evaluation, or second opinion.

The additional evaluation may be performed by a veterinarian, veterinary specialist, or veterinary facility selected by Smith Farm Kennels.

The purpose of an additional evaluation is to obtain professional information necessary to determine whether the claimed condition falls within this Health Guarantee.

The request for an additional evaluation does not constitute an admission of liability.

11. CONDITIONS NOT COVERED

Unless applicable law requires otherwise, this Health Guarantee does not cover a condition caused or materially contributed to after transfer by:

Neglect;
Abuse;
Trauma;
Accidental injury;
Improper handling;
Improper housing;
Failure to provide appropriate veterinary care;
Failure to follow veterinary recommendations;
Inadequate nutrition;
Improper diet;
Abrupt food changes;
Obesity;
Excessive or inappropriate exercise;
Unsafe environmental conditions;
Poisoning;
Failure to provide appropriate supervision;
Improper training or management; or
Other preventable circumstances occurring after transfer.

12. REQUIRED NUTRITION

The Buyer must provide the puppy with 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 puppy must have reasonable access to clean, fresh drinking water.

13. NO SUDDEN FOOD CHANGES

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

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

Sudden dietary changes can cause gastrointestinal upset, including diarrhea, vomiting, decreased appetite, or other digestive disturbances.

A condition caused or materially contributed to by an abrupt dietary change or inadequate nutrition may be excluded from this Health Guarantee to the extent permitted by applicable law.

14. INFECTIOUS DISEASE

Puppies can be exposed to infectious or communicable diseases before and after transfer.

Some diseases have incubation periods during which a puppy may appear healthy.

Smith Farm Kennels does not guarantee that a puppy will never contract an infectious disease after transfer.

The Buyer is responsible for following the Buyer’s veterinarian’s recommendations concerning vaccination, parasite prevention, exposure, and disease prevention.

15. GENETIC, HEREDITARY, AND CONGENITAL CONDITIONS

Smith Farm Kennels uses available health information when making breeding decisions.

Health testing of breeding dogs may reduce the risk of certain hereditary conditions but cannot eliminate every genetic or developmental risk.

Smith Farm Kennels does not guarantee that health testing of the sire and dam will prevent every hereditary or congenital condition from occurring in an offspring.

The presence of a hereditary or congenital condition in an offspring does not, by itself, establish that Smith Farm Kennels breached this Health Guarantee.

16. OFA TESTING OF PARENTS

When applicable OFA evaluations have been performed on the sire and dam, Smith Farm Kennels will accurately represent those parental results as they existed at the time of breeding.

The Buyer acknowledges that parental OFA results describe the evaluated breeding animals and do not guarantee a particular OFA result in their offspring.

Smith Farm Kennels’ use of health-tested breeding animals is not a guarantee that an offspring will receive a favorable orthopedic evaluation.

17. OFA HIP CLASSIFICATIONS

OFA hip classifications include:

Excellent;
Good;
Fair;
Borderline;
Mild;
Moderate; and
Severe.

Excellent, Good, and Fair are within normal limits.

Borderline is an indeterminate classification.

Mild, Moderate, and Severe are dysplastic classifications.

Accordingly, Borderline is not an OFA classification of hip dysplasia, but it is also not a normal classification.

18. NO GUARANTEE OF A PARTICULAR OFA RESULT

Smith Farm Kennels does not guarantee that a puppy will receive a particular OFA hip or elbow classification.

An unfavorable OFA result does not, by itself, establish that Smith Farm Kennels breached this Health Guarantee.

An unfavorable OFA result does not automatically create a right to a refund, replacement puppy, reimbursement, payment of veterinary expenses, credit, or other remedy.

19. OFA REEVALUATION

If a dog receives an unfavorable or indeterminate OFA result, including a Borderline, Mild, Moderate, or Severe hip result, Smith Farm Kennels has the right to require an additional evaluation before determining whether a contractual remedy is required.

The reevaluation may include:

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

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

The Buyer agrees to reasonably cooperate in making the dog available for the evaluation.

20. COST OF OFA REEVALUATION

The Buyer is responsible for the reasonable costs associated with a reevaluation requested by Smith Farm Kennels under this Health Guarantee.

Such costs may include:

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

The request for reevaluation does not constitute an admission that the original OFA result was incorrect or an admission of liability.

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

21. WORKING, HUNTING, AND PROTECTION-SPORT DOGS

Smith Farm Kennels breeds and places dogs for working and hunting purposes, including:

Hunting;
Tracking;
Pointing;
Flushing;
Retrieving;
Field work;
Protection sports;
Working-dog sports;
Detection work;
Hunting tests;
Field trials; and
Other appropriate working or performance activities.

The intended purpose of a particular puppy may vary according to breed, bloodline, individual characteristics, temperament, physical characteristics, and the Buyer’s intended use.

The Buyer acknowledges that future working, hunting, protection-sport, detection, or performance ability cannot be guaranteed solely because a puppy comes from working, hunting, or performance bloodlines.

22. ELBOW EVALUATIONS

OFA evaluates elbows as Normal or as Grade I, Grade II, or Grade III dysplasia.

Smith Farm Kennels does not guarantee that a puppy will receive a particular OFA elbow classification unless a separate written agreement expressly provides such a guarantee.

An unfavorable elbow result does not automatically create a refund or replacement obligation.

Smith Farm Kennels may require additional veterinary evaluation when reasonably necessary to evaluate an unfavorable elbow result.

23. SECOND OPINIONS

When reasonably necessary to evaluate a health claim or diagnostic finding, Smith Farm Kennels may require an additional veterinary opinion.

The Seller may select the veterinarian or veterinary specialist performing the additional evaluation.

The purpose of the additional evaluation is to obtain professional information necessary to evaluate the claim.

The request for a second opinion does not constitute an admission of liability.

24. EXCLUSIVE CONTRACTUAL REMEDY

If Smith Farm Kennels determines that a condition is covered by this Health Guarantee and that a contractual remedy is owed, the exclusive contractual remedy provided by Smith Farm Kennels shall be replacement of the affected puppy with one replacement puppy of comparable value, subject to availability.

No refund will be given as the contractual remedy for a covered health-guarantee claim.

Smith Farm Kennels will not reimburse or pay veterinary bills or other expenses incurred by the Buyer in connection with the puppy, including veterinary examinations, diagnostic testing, radiographs, laboratory testing, medications, treatment, surgery, emergency care, specialist consultations, hospitalization, transportation, or other veterinary-related expenses, except to the extent payment of such expenses is required by applicable law.

The Buyer is responsible for veterinary expenses incurred after taking possession of the puppy, including expenses incurred while evaluating or treating a condition that is later determined to qualify for a replacement under this Health Guarantee.

25. REPLACEMENT PUPPY

If a replacement is required under this Health Guarantee, Smith Farm Kennels will replace the affected puppy with one replacement puppy of comparable value, subject to availability.

The replacement puppy will be selected by Smith Farm Kennels based upon available puppies and suitability for the intended purpose.

Smith Farm Kennels does not guarantee that the replacement puppy will be identical to the original puppy with respect to sex, color, markings, size, pedigree, age, working potential, hunting potential, protection-sport potential, or other characteristics unless expressly agreed to in writing.

26. NEXT AVAILABLE LITTER

If a suitable replacement puppy is not available when the replacement remedy becomes due, the Buyer will be eligible to receive a replacement puppy from the next available litter containing a suitable replacement puppy.

The Buyer understands that the timing of a replacement may depend upon breeding schedules, pregnancy, whelping, puppy development, veterinary evaluation, availability, and other circumstances affecting the availability of a suitable puppy.

The Buyer is not entitled to demand an immediate replacement when a suitable replacement puppy is not reasonably available.

27. MAXIMUM REMEDY

To the maximum extent permitted by applicable law, one replacement puppy shall be the maximum and exclusive contractual remedy provided by Smith Farm Kennels for any single covered health-guarantee occurrence.

The Buyer shall not be entitled to multiple replacement puppies, a refund, reimbursement of veterinary expenses, payment of veterinary bills, or additional monetary compensation for the same covered occurrence under this Health Guarantee.

A replacement puppy constitutes full satisfaction of Smith Farm Kennels’ contractual health-guarantee remedy for that occurrence.

28. RETURN OF A PUPPY WHEN REPLACEMENT IS REQUIRED

If Smith Farm Kennels determines that replacement is required under this Health Guarantee, the Buyer must follow Smith Farm Kennels’ reasonable instructions concerning the return of the affected puppy.

The Buyer must provide the veterinary documentation necessary to establish the claimed condition.

The Buyer may not unilaterally surrender the dog to a shelter, rescue organization, animal-control facility, or other third party and then demand a refund under this Health Guarantee.

Smith Farm Kennels must be given a reasonable opportunity to evaluate the claim before a replacement is required, except where applicable law provides otherwise.

29. NO VETERINARY EXPENSE REIMBURSEMENT

Veterinary expenses incurred by the Buyer do not create a separate right to reimbursement under this Health Guarantee.

The Buyer is responsible for veterinary expenses associated with ownership and care of the puppy, including routine care, emergency care, diagnostic testing, medications, treatment, surgery, and specialist care.

Nothing in this section requires the Buyer to delay necessary emergency veterinary treatment.

30. TEXAS AND INTERSTATE SALES

Smith Farm Kennels sells puppies within Texas and to Buyers located in other states.

Applicable federal, state, and local requirements may differ depending upon the transaction, destination, transportation method, age of the puppy, and intended use.

The parties shall comply with mandatory requirements applicable to the particular transaction.

Nothing in this Health Guarantee is intended to waive or override any mandatory federal, state, or local requirement.

31. APPLICABLE LAW

This Health Guarantee shall operate subject to applicable federal, state, and local law.

Nothing in this Health Guarantee is intended to waive any right, remedy, protection, or requirement that cannot legally be waived.

Smith Farm Kennels breeds working and hunting dogs, including dogs intended for purposes described in Texas Occupations Code §802.005. The applicability of any statutory exemption is determined by the actual facts and circumstances of the particular dog and transaction.

32. SEVERABILITY

If any provision of this Health Guarantee is determined to be unenforceable, unlawful, or invalid, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain effective to the extent permitted by applicable law.

33. NO WAIVER

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

34. ENTIRE HEALTH GUARANTEE

This document constitutes the Written Puppy Health Guarantee provided by Smith Farm Kennels for the applicable puppy.

The applicable Puppy Sales Contract and Smith Farm Kennels Puppy Sales Policies & Buyer Requirements may contain additional terms concerning ownership, care, returns, rehoming, transportation, and other matters.

No verbal statement shall modify this Health Guarantee unless the modification is made in writing and authorized by Smith Farm Kennels.

35. BUYER ACKNOWLEDGMENT

By placing a deposit on or purchasing a puppy from Smith Farm Kennels, the Buyer acknowledges that:

This Health Guarantee was publicly available on the Smith Farm Kennels website before the transaction.
The Buyer had an opportunity to review the Health Guarantee before proceeding with the purchase.
The Buyer understands the required 48-hour veterinary examination.
The Buyer understands the weekend and holiday exception.
The Buyer understands that veterinary documentation is required.
The Buyer understands that the pre-purchase veterinary examination does not replace the 48-hour examination.
The Buyer understands that the livestreamed veterinary examination does not replace the 48-hour examination.
The Buyer understands the nutrition requirements.
The Buyer understands the requirement for gradual food transition over approximately 14 days.
The Buyer understands that Smith Farm Kennels does not guarantee the puppy’s lifetime health.
The Buyer understands that Smith Farm Kennels does not guarantee that every possible health concern has been prevented.
The Buyer understands that parental OFA results do not guarantee offspring results.
The Buyer understands that Borderline is an indeterminate OFA hip classification.
The Buyer understands that an unfavorable OFA result does not automatically create a refund or replacement obligation.
The Buyer understands that Smith Farm Kennels may require an OFA reevaluation.
The Buyer understands that the Buyer is responsible for reasonable reevaluation costs.
The Buyer understands that the contractual remedy for a covered health-guarantee occurrence is one replacement puppy, subject to this Health Guarantee and applicable law.
The Buyer understands that no refund will be provided as the contractual health-guarantee remedy, except where applicable law requires otherwise.
The Buyer understands that Smith Farm Kennels does not reimburse veterinary expenses as a contractual health-guarantee remedy, except where applicable law requires otherwise.
The Buyer understands that a replacement puppy may come from the next available litter if a suitable puppy is not immediately available.
The Buyer understands that one replacement puppy is the maximum contractual remedy for any single covered occurrence, to the maximum extent permitted by applicable law.
The Buyer understands that working, hunting, protection-sport, detection, and performance ability are not guaranteed.
The Buyer understands that this Health Guarantee is subject to applicable federal, state, and local law.