Terms and Conditions of Sale
This Puppy Purchase Agreement (“Agreement”) is made between Havanese Haven of Marshfield, MO, and the individual purchasing the puppy pursuant to this Agreement (“Customer” and collectively, with Havanese Haven, the “Parties”) for the purchase of the puppy identified by the Parties (the “puppy”).
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, Havanese Haven 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 Havanese Haven:
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 Havanese Haven’s Guarantee (the ” 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.
Puppy Is a Pet.
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.
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 unless previously agreed upon by breeder. Registration papers for all registered puppies may be sent by regular mail typically within two to four weeks of Havanese Haven 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, Havanese Haven will assist Customer in obtaining new papers at Customer’s expense.
Website Information Provided by Breeder.
Havanese Haven makes every commercially reasonable effort to provide accurate and up-to-date information on Havanese4u.com (the “Website”) regarding puppies sold through Havanese Haven network. Such information includes, but is not limited to, breed, gender, color, date of birth, weight, parents’ weights and registration details. Havanese Haven relies on correct information supplied by their internal information 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 verbal or electronic written Agreement. Occasionally, a puppy may need additional time with the 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. Havanese Haven 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 Havanese Haven 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.
Cancellation by Customer.
Until such time as Customer has received confirmation from Havanese Haven about the date upon which the puppy will be delivered, Customer may cancel purchase of the puppy by notifying Havanese Haven. In the event Customer cancels the purchase, Customer understands and agrees the deposit amount will be forfeited and this is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Havanese Haven as a result of such cancellation.
Havanese Haven disclaims any and all implied warranties of merchantability and fitness. Havanese Haven 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.
No Returns for Monetary Refund.
Havanese 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 Havanese Haven so we can help you figure out if any discomfort you or your puppy are having is routine adjustment or something bigger.
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 Havanese Haven 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, Havanese Haven shall use all reasonable efforts to find a new home for the puppy through a rehoming program.
Havanese Haven will allow the customer to visit the Website and view all of Havanese Haven’s services. Havanese Haven may collect, use, share or otherwise disclose information to their service providers, registrars or inspectors as required or agreed upon.
Consent to Receive Phone Calls and Auto-Dialed Calls.
By agreeing to this Agreement, you authorize Havanese Haven, AKC or Micro Chip ID to deliver to you, at the telephone number supplied by you to Havanese Haven during your purchase calls pertaining to their services. 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 purchasing any property, goods, or services. For example, you may still complete your AKC registration at any time by calling AKC yourself. If you do not agree to receive these calls, please contact us.
Agreement to Mandatory Individual Arbitration & Class Action Waiver.
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:
This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of, or relating to any aspect of the relationship between Customer and Havanese Haven, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Customer’s relationship with Havanese Haven; and (4) claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class.
Customer and Havanese Haven hereby agree that the Federal Arbitration Act (“FAA”) applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Customer and Havanese Haven agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association (“AAA”), pursuant to the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA’s Rules can be found at www.adr.org.
THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, CUSTOMER AND PUPPYSPOT ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS CUSTOMER AND PUPPYSPOT AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Customer and Havanese Haven each are responsible for their respective costs relating to counsel, experts and witnesses.
This arbitration agreement does not preclude the Customer or Havanese Haven from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on a party’s behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA’s Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Marshfield MO, unless the AAA arbitrator decides otherwise.
Small Claims Option: You may also litigate any dispute in Small Claims Court in Webster County in the State of Missouri. If your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Webster by visiting their website. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Havanese Haven (except for small-claims court actions) may be commenced only in the federal or state courts located in Webster County, Missouri. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
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 Missouri, 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.