Health Guarantee Terms
When you make the choice to bring a puppy into your home, you (the "Buyer" or "you") are going to need to make a financial commitment to providing your puppy with all of the essentials they’ll require. This includes frequent veterinarian visits to keep your puppy up-to-date on all vaccinations.
You can be comfortable knowing PetPay requires its Breeders adhere to health checkpoints as defined within PetPay's Terms and Conditions of Sale accessible by visiting the following url: https://petpay.com/howitworks/policy/buyertermsplus. We would love this Health Guarantee ("Guarantee") to protect against all forces of nature and manner of illness, unfortunately that can't always happen and sometimes "life" interjects. The first year of this comprehensive health guarantee is provided exclusively by your Breeder. Years 2 and 3 are covered and backed exclusively by PetPay, Inc. excluding previous conditions, diagnosis' and related claims. PetPay, Inc. makes no representations, warranties, covenants, responsibilities, agreements or guarantees with regards to the first year of this Guarantee. This Guarantee applies only to the sale of Signature Puppies on NextDayPets.com and Pawrade.com.
To the best of the Breeders knowledge, the puppy is healthy and in sound condition at the time of sale and prior to leaving the Breeders premises/possession. You can be rest assured knowing the puppy is up-to-date on all vaccinations at the time of the puppy's scheduled delivery. Requiring the use of your own ground shipper to transport the puppy will result in the cancellation of coverage under the First 7 Days of this health guarantee as puppies are prone to many illnesses if not transported with the upmost of care.
Veterinarian (Vet): Also known as a veterinary surgeon or veterinary physician, is a doctor who practices veterinary medicine licensed by the applicable State licensing authority for treating diseases, disorders, and injuries in non-human animals.
Breeder: A person who selectively breeds carefully selected mates, normally of the same breed to sexually reproduce offspring with specific, consistently replicable qualities and characteristics. The Breeder in this Guarantee is the person of whom bred and sold you the puppy.
Buyer: A person, you, whom purchased a puppy from a Breeder qualified to offer this Guarantee.
Purchase Price: The price of the puppy excluding taxes, shipping, health certificate, veterinarian costs, crate or any additional costs or expenses incurred or asserted by the Breeder.
Replacement Puppy: A new puppy of the same breed from the same Breeder of equal value to the Purchase Price. Assumes the Breeder is still breeding the identical breed. Buyer is responsible for all shipping costs including return shipping costs.
Liable Party: The party for whom is monetarily liable for claims arising from this Guarantee. The Breeder is liable for First Year claims, whereas, PetPay, Inc. is liable for claims in Years 2 and 3.
Failure to comply with any of these terms of ownership will result in this Health Guarantee becoming null and void.
- Veterinary Care - One of the cornerstones of good health for your puppy is regular veterinary care. Upon arrival of your puppy, you must take your puppy in for a wellness/baseline exam by a licensed veterinarian within the first three (3) calendar days (72 hours). You may not use Banfield Pet Hospital as any and all claims will be denied. A copy of these exam results or medical records must be provided to PetPay upon making a claim. No claims may be processed without the records from the 72 hour checkup. Wellness checkups and timely vaccinations are required on a regular basis or as recommended by your licensed veterinarian.
- No Vaccines for 10 Days - Since your puppy arrives up-to-date on all vaccinations, you should not have the dog vaccinated within the first ten (10) days in order to avoid over-vaccination.
- Pet-Only - All dogs/puppies are sold as pets unless expressively consented otherwise in writing by the Breeder. Buyer agrees and acknowledges that he/she will not breed the pet and that this Guarantee covers Pet-Only rights to exclude both Breeding rights and Breeding ability.
- Spaying/Neutering - It is understood that your puppy is intended as a pet/companion only and will not be bred or mated at any time, doing so will result in this Guarantee becoming null and void. Your puppy should be spayed or neutered before the puppy is nine (9) months of age if its projected adult weight is under 45 lbs. or before twelve (12) months of age if its projected adult weight is over 45 lbs. Spaying/neutering your puppy will lead to a longer, healthier life. Spaying your female will help prevent uterine infections and breast tumors, which are malignant or cancerous in about 50 percent of dogs. Neutering your male puppy prevents testicular cancer and some prostate problems.
- Feeding - It is understood that you will feed the puppy the same food as depicted by the Breeder for a minimum of (1) year. Failure to feed the puppy the same food will result in this Guarantee becoming null and void unless directed and authorized in writing by the breeder. The puppy's food brand and formulation are accessible on the NextDayPets.com puppy listing.
- Exercise - You agree to provide appropriate exercise to keep your puppy active and healthy. Avoiding over-exercising and over-exertion is especially important while your puppy is growing, please consult your veterinarian regarding the appropriate amount of exercise relative to your puppy's age.
- Health and Nutrition - A healthy diet is crucial for your dog's overall health, and especially during puppyhood. It is important to continue feeding the same high-quality food that has been fed by your Breeder. If you’re going to switch to a different food, be sure to do so gradually over five-to-seven days. Do not underfeed or overfeed your puppy, follow the recommended feeding guidelines provided by your Breeder or a licensed veterinarian.
- Parvo Preventative Care - Buyer understands the puppy has been vaccinated for Parvo and every measure has been taken to protect the puppy from this virus. However, Buyer understands the puppy may still contract parvo and that they should not take the puppy anywhere it could come in contact with, or where unvaccinated dogs may have been until 2 weeks after his/her 4 month booster is completed as this could transmit Parvo to the puppy. Areas of potential contact with parvo are but not limited to: Areas where dogs are walked, Dog parks, Pet stores, Vet clinic floors, Parking lots, Near the feces of other dogs.
- Rehoming - In the event you are no longer able to care for and/or provide a safe home environment for the puppy you agree and understand the Breeder has the first right of refusal and that you are responsible for return shipping costs.
What is covered?
Should a health issue arise after your puppy comes home, this Health Guarantee has you covered. This Guarantee is non-transferable and only the original purchaser of the puppy can file a claim. Only puppies delivered and continually residing in the United States are covered by this Guarantee.
- First 7 Days - In the event your puppy is found to have a life threatening illness, contagious or infectious disease within the first seven (7) days of arrival, reimbursement will be provided for fair and reasonable and documented veterinary expenses for medical treatment up to the original purchase price of your puppy, or a parasite within the first five (5) days of arrival, reimbursement will be provided for fair and reasonable and documented veterinary expenses for the cost of the medicine.
- First Year - If, prior to the first 12 months of physical ownership, should two (2) duly licensed doctors of veterinary medicine (DVM) diagnose a hereditary or congenital disorder that is interfering with the puppy’s ability to lead a normal life, purchaser will receive a replacement puppy of equivalent value or reimbursement for fair and reasonable and documented veterinary expenses for medical treatment undertaken to remedy the condition up to the original purchase price of your puppy. A veterinarian's written report must be provided to PetPay within 5 days of the first veterinarian's diagnosis, and prior to any treatment for this Guarantee to be valid.
- Years 2 & 3 - If, after the first 12 months of physical ownership and prior to your puppy’s third birthday, should two (2) duly licensed doctors of veterinary medicine (DVM) diagnose a hereditary or congenital disorder that is interfering with the puppy’s ability to lead a normal life, purchaser will receive a credit toward the purchase of another puppy in the amount of fair and reasonable and documented veterinary expenses for medical treatment undertaken to remedy the condition up to fifty (50) percent of the original purchase price of your puppy, or a reimbursement up to twenty-five (25) percent of the original purchase price of your puppy. A veterinarian's written report must be provided to the Breeder and PetPay within 5 days of the first veterinarian's diagnosis, and prior to any treatment for this Guarantee to be valid. Bulldog breeds are excluded from this coverage.
What is not covered?
- Costs of raising and owning a puppy including but not limited to regular veterinary care, flea control, heartworm medication, special diets, pet foods, vitamins, supplements, grooming, nail trims, shampoo and bathing (including medicated baths).
- Injury or illness due to any intentional, neglectful or preventable act including but not limited to injestion of foreign objects, cruciate ligament (CL, CCL, ACL) injuries, chipped teeth, car-related injuries, bug bites, etc.
- Elective procedures, cosmetic procedures, preventive procedures including but not limited to tail docking, ear cropping, de-clawing, micro-chipping, dew claw removal, ear cleaning, teeth cleaning, etc.
- Behavioral modification, training, therapy or medications for behavioral modification including but not limited to potty training, chewing, digging, etc.
- General appearance, size, weight or other physical characteristics differing from breed standards or aesthetic preferences.
- Hip dysplasia diagnosis in breeds that are prone to hip dysplasia and considered overweight or over exercised.
- Illness, contagious or infectious disease (excluding Parvo) that is diagnosed more than seven (7) days after your puppy's arrival, or parasite that is diagnosed more than five (5) days of arrival.
- Hereditary or congenital disorders diagnosed after the puppy's third birthday, or first birthday for Bulldog breeds.
- Diseases which are not life threatening and do not adversely affect the health of the animal are not covered by this Guarantee. Such diseases are localized demodectic mange, grade 1-2 heart murmur, grade 1-2 luxating patellas (Since a luxating patella or collapsed trachea can be caused by injury, they are not covered if they are discovered after your initial veterinarians examination), cherry eye, localized mange, inverted eyelids, inverted tails, testicle problems (pre-departure vet check will insure both testicles have descended). This Guarantee does not cover any of the following conditions in the Bulldog breeds that are considered normal: cherry eye, entropion, loose hips, demodectic mange (generalized and localized), skin allergies, luxating patellas, elongated soft palate, small trachea, stenotic nares, etc.
- Diseases preventable by vaccines and prophylactic medications such as Heartworms.
- Stress related illnesses such as, but not limited to, Coccidia, Giardia, kennel cough, pneumonia, diarrhea and hypoglycemia may occur in the puppy from the stress of the move or flight to the buyers home and buyer is solely responsible for any vet bills incurred as a result.
- Buyer understand that the puppy may still contract parvo from public areas and if this puppy contracts parvo, the Breeder is not responsible for any vet bills or death of puppy resulting from said disease.
- Any fees related to the professional opinion of a veterinarian including but not limited to office visit fee, examination, medical progress exam, recheck, consultation, specialist consult, emergency exam, office call, etc unless required by state law.
- Hiatal, Perineal, Diaphragmatic and Inguinal Hernias. Umbilical Hernias identified after the initial veterinarian examination.
- Results of genetic testing.
- Cancer of any type.
Breed Specific Health Concerns
Certain Breeds are susceptible or prone to adverse health effects ranging from epilepsy, seizures or even death due to the administration of certain vaccinations or the administration of multiple vaccinations at once or within a short period of time. In the unfortunate event it is found that your Veterinarian mismanaged breed specific vaccine protocols then this Guarantee will be considered null and void.
No Heartgard: White feet, don't treat! Interceptor is the only safe heartworm prevention medication for Collies, Collie-mixes, Shelties and Sheltie-mixes. This is because Interceptor does not contain the drug Ivermectin, which is known to have deadly effects in these and other breeds.
How to file a claim
If there is any concern with the health of your puppy, you should contact your Breeder and PetPay immediately. Include a copy of the medical records related to your puppy's diagnosis and another other information PetPay and/or your Breeder might need to review. An official diagnosis in writing is required from the Veterinarian. We will work with you to help you obtain any information needed to review the claim. In case of severe elbow or hip dysplasia, the radiograph should be permanently identified in the film emulsion with microchip number, registered name and/or number, date of birth, name of the veterinarian or hospital making the film and the date of the radiograph taken.
After we have received all requested information regarding the diagnosis and related veterinary expenses, your Breeder and/or PetPay will review your claim to determine how the Health Guarantee can support you and your puppy. Claims made during Year 1 must be made directly with your Breeder. Claims made during Years 2 & 3 must be made directly with PetPay.
PetPay, Inc., NextDayPets, L.L.C. and its Breeders reserve the right at any time during the claim review process to obtain an additional opinion by a veterinarian or specialist of their choosing. In certain conditions or diagnoses, Buyer understands that a specialist may be required for proper diagnosis. Shall Buyer we awarded Reimbursement or Replacement under this Guarantee, Breeder and/or PetPay may require proof of euthanization from your Veterinarian including the diagnosis as related to the cause of death. In the unfortunate event the puppy dies, an autopsy report stating the cause of death may be required. Please note, the first year of this guarantee is offered by the Breeder only. PetPay, Inc. and NextDayPets, L.L.C. are not responsible for any obligations whatsoever under the first year of this Health Guarantee. The breeder is not responsible for new claims after the first year.
Buyer understands and agrees that the following actions will result in default and/or breach of contract thereby, causing this Guarantee to be null and void:
- Buyer's Obligations
- Breeding Rights
- Breeding Ability
- Veterinarian Mismanagement of Breed Specific Vaccines
- Legal action taken by Buyer against either Breeder and/or PetPay
- Chargeback of any kind. This constitutes fraud and thus the Buyer will be criminally prosecuted and sued.
- Use of Banfield Pet Hospital is strictly prohibited.
How do my state laws impact me?
You may have additional rights available to you depending on your state.
Agreement to Mandatory Individual Arbitration & Class Action Waiver.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, BUYER AGREES THAT THE EXCLUSIVE MEANS FOR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, OR BUYERS'S INTERACTION WITH OR RELATIONSHIP WITH LIABLE PARTY, 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. BUYER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, BUYER IS WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. THE BUYER FURTHER AGREES TO THE FOLLOWING:
- 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 Buyer and LIABLE PARTY, 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 Buyer's relationship with LIABLE PARTY; and (4) claims that are currently the subject of purported class action litigation in which Buyer is not a member of a certified class.
- Buyer hereby agrees that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Buyer and LIABLE PARTY 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, BUYER AND LIABLE PARTY ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS BUYER AND LIABLE PARTY 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.
- Buyer and LIABLE PARTY each are responsible for their respective costs relating to counsel, experts and witnesses. Shall judgement rule in the favor of LIABLE PARTY, Buyer agrees to pay respective costs accrued by LIABLE PARTY relating to court costs, counsel, experts and witnesses.
- This arbitration agreement does not preclude the Buyer or LIABLE PARTY 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.
- If Buyer or LIABLE PARTY fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
- 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 the County in which the LIABLE PARTY resides or operates, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any dispute in Small Claims Court in the County in which the LIABLE PARTY resides or operates if your claim meets all requirements to be heard in the small claims court. 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 LIABLE PARTY (except for small-claims court actions) may be commenced only in the federal or state courts located in the County in which the LIABLE PARTY resides or operates. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Guarantee represents the health agreement between you the buyer and the Breeder and PetPay, Inc. Shall the Breeder provide an additional Extended Health Guarantee then this Health Guarantee takes precedence over all other guarantees, terms and policies supplemental or conflicting between the buyer and Breeder.
This Guarantee is valid for transactions on or after May 28, 2020. Transactions prior to May 28, 2020 are bound to Version 2020.3