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Terms and Conditions of Sale

This Puppy Purchase Agreement ("Agreement") is made between Saratoga Kennel LLC, a NYS limited liability company ("Saratoga Kennel"), and the individual purchasing the puppy pursuant to this Agreement ("Customer" and collectively, with Saratoga Kennel, 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 Commitment , the terms of which are incorporated herein by reference and are made a part of this Agreement, Saratoga Kennel 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 Saratoga Kennel:

NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.

1. Puppy Value

 The value of the puppy for all purposes of this Agreement and Saratoga Kennel's Health Commitment   (the "Health Commitment"), 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.

2. Code of Conduct

 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 Saratoga Kennel’s Code of Conduct:

  • Lifelong care of the dog. This means committing to the relationship for your dog’s entire life. Selecting a dog and breed that is suited to your home and lifestyle and avoiding impulsive decisions. You should be aware of common health problems associated with individual breeds, how to prevent them, and how to recognize their onset. Ensure that the rules of your housing allow for dog ownership. Recognize that owning a dog(s) requires an investment of time and money. Keeping only the type and number of dogs for which you can provide a healthy, positive, and safe environment. This includes appropriate/healthy food, water, shelter, health care, bathing, grooming, and companionship. You need to be able to feed the puppy throughout the day, take it outside for bathroom breaks, and teach it manners (e.g., sit/stay and walk on a leash). Purchase food, treats, a collar and leash, toys, grooming tools, and other things you’ll need in advance so that your dog or puppy’s transition into your home will be a smooth one.

  • You and your family members should decide who will be responsible for food, water, walks, exercise, cleanup, and grooming. Move breakables or “chewables” to higher ground. Make electrical cords inaccessible to curious paws and noses. Block off any area of the house that’s off-limits. Block access to any house, garden plants, foods, or medicines that are toxic to dogs. Make sure the yard is securely fenced or that you have a run for your dog. Your pup will need to be on a leash outdoors.

  • If traveling with your dog, keep your dog safe in the car by using a crate or seat belt harness. Create a comfortable area — whether a crate, a dog bed, or a pile of blankets — for your dog to go to when he needs rest or privacy. Ensure socialization and appropriate training for your dog(s) to facilitate their well-being and the well-being of other animals and people. Prevent your dog(s) from negatively impacting other people, animals, and the environment. This includes proper waste disposal, noise control, and not allowing dog(s) to stray or become feral. Provide frequent exercise and mental stimulation appropriate to your dog(s)' age, breed, and health status.

  • Establish and maintain a veterinarian-client-patient relationship. Choose a veterinarian ahead of time, so you’ll be ready for a visit soon after your dog comes home. Give your vet copies of the dog’s health records, and set up a vaccination and check-up schedule. Provide preventive (e.g., vaccinations, parasite control) and therapeutic health care for the life of your dog(s) in consultation with, and as recommended by, your veterinarian. Ensure dogs are properly identified (i.e., tags or microchips) and that their registration information in associated databases is kept up-to-date.

  • Adhere to all laws, regulations, and ordinances, including licensing and leash requirements. Help to manage overpopulation by controlling your dog(s)' reproduction through spaying/neutering your dog. Include your dogs in your planning for an emergency or disaster, including assembling an evacuation kit. Make arrangements for the care of your dog when or if you are unable to do so.

  • Recognize declines in your dog(s)' quality of life and making decisions in consultation with your veterinarian regarding appropriate end-of-life care (e.g., palliative care, hospice, euthanasia).

3. Registration            paperwork

 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 Saratoga Kennel 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, Saratoga Kennel will assist Customer in obtaining   new papers at Customer's expense.

4. Website                  Information              Provided by              Breeder

 Saratoga Kennel makes every commercially reasonable effort to provide accurate and up-to-date   information on SaratogaKennel.com (the "Website") regarding puppies sold through Saratoga Kennel's network. Such information includes, but is not limited to, breed, gender, color, date of birth, weight,   parents' weights, and registration details. Saratoga Kennel relies on its network of breeders to   accurately submit their puppies for marketing and is not responsible for typographical or   photographical errors.

5. Travel

 The puppy will typically travel within a week of the effective date of this Agreement. Occasionally, a   puppy may need additional time with Saratoga Kennel and, or, our affiliated breeders before travel. The final determination of the travel date for the puppy is made by Saratoga Kennel, our affiliated breeder and our veterinarian, with the health of the puppy being the primary determining factor. Transportation of the puppy is generally arranged by Saratoga Kennel and may include third parties in both arranging and delivery. Occasionally, there may be delays for numerous reasons, including, but not limited to, weather, temperature   restrictions, logistics, mechanical failure, or other unforeseen events. Saratoga Kennel 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 Saratoga Kennel 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.

6. Cancellation by        Customer

Until such time as Customer has received confirmation from Saratoga Kennel about the date upon which the puppy will be delivered, Customer may cancel purchase of the puppy by notifying Saratoga Kennel. In the event Customer cancels the purchase, Customer understands and agrees that an administrative fee schedule will apply to that purchase based on the table laid out below. Customer and Saratoga Kennel agree that these amounts are a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Saratoga Kennel because of such cancellation.

Timeline

Fee

Puppy on hold prior to complete payment. Maximum hold time is 1 week to provide full payment.

Non-refundable deposit of $300 is retained by Saratoga Kennel.

Purchases canceled in the first 72 hrs after purchase.

Purchases with scheduled  canceled after 72 hrs of purchase and before 72 hrs of Arrival Date of puppy.

Non-refundable deposit of $300 is retained by Saratoga Kennel.

Half of Puppy Price of puppy as listed on invoice is retained by Saratoga Kennel.

Purchases canceled within 72 hrs prior to Arrival Date of puppy.

Full Puppy Price of puppy as listed on invoice is retained by Saratoga Kennel.

7. No Warranties

Saratoga Kennel disclaims any and all implied warranties of merchantability and fitness. Saratoga Kennel 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. Saratoga Kennel does not warrant the accuracy or completeness of the Products.

Additionally, while each Saratoga Kennel puppy undergoes a Nose-to-Tail exam as part of obtaining the Health Certificate, there are many common conditions that will still permit a puppy to travel. Many of these conditions listed in Table below are either considered Normal for Breed (for more on this topic, please reference section 12 below – Understanding the Breed You are getting) or are covered as part of our Health Commitment should they remain present upon arrival to the Customer.

Bite Issues

Coccidia

Spayed

Ticks

Body Condition Score between 3 - 8

Giardia

Neutered

Fleas

Ear Debris

Normal For Breed underbite

Ear Discharge

Stenotic Nares/Stenotic Nares Repaired

Hernia/Hernia Repair

Hookworms

Tail Docked

Tapeworms

Ear Mites

Ear Cropping

Undescended Testicles

Dew Claw Removed

Whipworm

Open fontanel under 1 cm

If there are more serious items, Saratoga Kennel will make every reasonable attempt to contact the Customer to inform them of said condition and discuss options. For more information about many common health conditions faced by new puppy owners, please read about them in our Help Center.

8. Deposit Policy

When a deposit is made at Saratoga Kennel, it is reserved for the specific puppy that was initially chosen by the customer. The deposit is non-transferable and cannot be applied to other puppies in the event of a change in preference. We encourage our customers to select their future furry family member carefully, as the deposit secures the exact puppy that has captured their heart.

9. No Returns for Monetary Refund

No Returns for Monetary Refund. Saratoga Kennel 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 Saratoga Kennel so we can help you figure out if any discomfort you or your puppy are having is routine adjustment or something bigger.

10. Puppy Must Be Returned If Customer Cannot Care for it

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 Saratoga Kennel 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, Saratoga Kennel shall use commercially reasonable efforts to find a new home for the puppy through Saratoga Kennel's proprietary rehoming program.

11. Limited Liability

Saratoga Kennel takes every precaution to breed and raise healthy puppies. However, once the puppy has been transferred to the new owner, Saratoga Kennel is not liable for any health conditions that may arise under the new owner's care.

  • It is the responsibility of the new owner to continue the puppy's regular veterinary care, including vaccinations and routine check-ups, as recommended by a licensed veterinarian.

  • Saratoga Kennel is not responsible for any injuries, illnesses, or accidents that may occur after the puppy has left our facility.

  • Saratoga Kennel acknowledges that breeders are primarily responsible for the health condition of the puppies they sell.

  • Saratoga Kennel is not responsible for any health condition that may occur in puppies acquired from breeders. This includes but is not limited to genetic conditions, infectious diseases, or other health-related issues that may manifest after the purchase of a puppy.

12. Breeder Responsibility

Saratoga Kennel partners with reputable breeders who are committed to breeding healthy puppies and following all applicable breeding regulations and standards.

  • Breeders are responsible for the health and well-being of the puppies they sell. This includes appropriate vaccinations, deworming, and a thorough health examination by a licensed veterinarian before the puppies are offered for sale.

13. Understanding the Breed You Are Getting

Saratoga Kennel specializes in breeding French and English Bulldogs, offering top-quality pups for enthusiasts and families alike.There are many breeds of dog which have characteristics, both physical and temperament, that make them the breeds that they are. We recommend the Customer become very acquainted with what those may be. While by no means a complete list, the American Kennel Club maintains a directory of all the breeds they recognize. We strongly recommend the Customer access this directory at https://www.akc.org/dog-breeds/ for the breed of puppy that they are getting.

14. Privacy Policy

Saratoga Kennel's Privacy Policy governs Customer's visit to the Website and Customer's use of Saratoga Kennel's services. Please review the Privacy Policy at https://www.saratogakennel.com/privacy-policy to understand Saratoga Kennel's practices, and how Saratoga Kennel may collect, use, share or otherwise disclose information.

15. Consent to Receive Phone Calls and Auto-Dialed Calls

Consent to Receive Phone Calls and Auto-Dialed Calls. By electronically signing this Agreement, you authorize Saratoga Kennel, 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 Saratoga Kennel 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.

16. Choice of Law

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 NEW York, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction. 

17. Severability

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. 

18. Entire Agreement

This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale. In compliance with the terms outlined herein, it is hereby established that all bills of sale transmitted via electronic mail (email) must be promptly signed and subsequently returned using either electronic mail or the United States Postal Service (USPS). In the event of failure to affix a signature and return the aforementioned bill of sale, such inaction shall be considered a legitimate and binding demonstration of the execution and acceptance of the contractual terms pertaining to the acquisition of the puppy.

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