OUR CONTRACT AND HEALTH GUARANTEE
We do not sell dogs specifically for breeding to the general public, as we feel that the raising and breeding of dogs does require some special knowledge and/or mentoring to learn this knowledge. However, we do NOT require that spay/neuter surgery eventually be done on the dog, as we feel that this serious health decision is best left up to the pet owner and their veterinarian, due to possible negative health consequences from such major surgery.
Our contract is quite specific, for both our protection and the protection of the buyer--but most of all for the protection of the dog--so that everything is specified in black and white as to rights and responsibilities concerning any purchase of a pet dog from us.
Our contract takes into account all county, state and national laws concerning selling pet dogs, and the extensive section about our health guarantee is primarily designed to provide a one year limited health guarantee to the buyer, covering any life threatening genetic disorders in the dog, and it also provides a fourteen day contagious disease guarantee, excluding the canine influenza virus, for which there is no vaccine. But the health guarantee section is so long and so extensive because it is also designed to protect our kennel from unscrupulous pet buyers and/or veterinarians who may try to "trump-up" unnecessary medical costs concerning one of our dogs. We were shocked to find that there are actually people who do this--especially people with a vegan "animal rights" agenda who want to destroy dog breeding in any way possible.
We do NOT take deposits on our available puppies. But if you are interested in being on a notification list about future litters, and once you have seen pictures of an available puppy, we will reserve a puppy for you, contingent on the puppy passing its health certificate exam. And then arrangements have to be made for the puppy to be purchased within a few days after the health certificate exam, or we will then advertise said reserved puppy to the general public.
In order to start the purchase process, we ask that you send us an e-mail asking to be on our Notification List for future litters, as people on this list will be the first that we will contact once there is a litter available. Being on this list will start a dialogue between us, usually by e-mail and/or telephone, and once we have reached a mutual agreement that you would like to purchase a dog from us, and that we would like to sell a dog to you, then we can start discussing purchase arrangements. The availability of any dog is entirely up to us
The state of Florida regulates all sales of puppies and grown dogs, and requires that any puppy sold from any breeder or a pet dealer be at least eight weeks of age and come with a Health Certificate issued by a licensed veterinarian. Please note that any breeder or pet broker who sells puppies younger than eight weeks of age and does not provide a Health Certificate for each puppy or dog is breaking the law. The State of Florida also requires that sales tax be collected on all pet sales, and in order to collect and report sales tax the State of Florida issues a Certificate of Registration, pursuant to Chapter 212, Florida statutes, to collect report the sales tax receipts. And once one has a sales tax certificate, then the state notifies the city and/or county in which the dog breeder is doing business, and then the breeder is required to obtain an occupational license from their city and/or county.
However, in most of Florida dog kennel occupational licenses are only issued in commercial or agricultural zones, and thus dog breeding is mainly illegal in most of Florida--zoned out of existence--except from commercial pet shops, very rural breeders who are able to comply with the laws, and the occasional urban or suburban breeder who is simply not familiar with all of the laws concerning pet sales. But a visit from animal control, who diligently search the pet ads in newspapers for illegal breeding, eventually sets people straight about that.
Unfortunately this whole situation rather limits a puppy buyer's choices, and thus many people wind up buying a rather expensive purebred or designer puppy from a pet shop--or even buying over the internet--as these are often really their only ways of finding a puppy of their choice. Of course there are always the shelters and rescues, but despite the constant drum beat of these groups that say that there are many purebreds and designer mixes in shelters, most people who buy puppies from us who have first tried to go the shelter route say that this is simply not true, especially if one is looking for a smaller dog. And many rescues put so many restrictions on their "adoptions" and are so intrusive in their "background checks," that they often antagonize the very people that they need as adoptive homes.
So if you don't like this situation, may we suggest that you contact your state legislators and vigorously complain about it, as we feel that the home-bred puppies that have been traditionally produced by smaller breeders over the past decades in suburban homes are really the ideal situation for breeding puppies that will eventually be living in a home, rather than being raised in huge commercial breeding establishments.
Also please note that we do NOT sell dogs on the internet, but merely advertise there, and all puppy sales are done in person, after E-mail and/or phone contact with our prospective puppy buyers. And it is no longer possible for us to ship puppies, and all puppies must be picked up in Cross City, Florida, which is about an hour's drive due West of Gainesville, Florida, very near the Gulf Coast, on US Hwy 19. And if you will look to the upper left hand corner of the map shown below, you will see the location of Cross City, near the Gulf of Mexico.
Below is our companion dog sale contract, which we ask you to read before contacting us about a currently advertised puppy.
COMPANION DOG SALE CONTRACT
This contract is written for the protection of the Kennel, the Purchaser, and foremost the dog.
General: The following agreement is between Jolie Chien Sales, hereafter referred to as "Kennel" and _________________________________________, hereafter referred to as "Purchaser," for the sale and purchase of one companion dog as follows:
Breed or Mix: ___________________________ Whelp Date: ___________
Dog's sex: ____________
Color and markings: ______________________________________
Name of Dog Registry:____________________________
Dog Registration Number or Litter Number: __________________________
In consideration of the price of ___________The Kennel transfers in fee simple all rights, privileges, and responsibilities associated with the ownership of the dog to Purchaser, subject to the conditions set forth below. This document represents the entire agreement between Kennel and Purchaser in an outright sale.
Use of the Dog: It is agreed between Kennel and Purchaser that this dog is being acquired as a family companion, and that the dog will be used for tasks appropriate to its breed, such as a therapy dog, or for exhibitions such as obedience or agility, as Purchaser may desire. Purchaser further affirms that he/she is not a breeder or wholesaler, and will not resell this dog, give it away, or by any means provide it to a flea market, auction, pet store, wholesaler, or commercial distributor of dogs, or to any commercial or hobby dog establishment, such as another dog kennel, rescue, or shelter, or for laboratory use, or for use as a hunting dog; nor will it be used for any activity for which it is not suited by reason of temperament or structure. Purchaser acknowledges that the dog has not had its tail docked or its dewclaws removed, and Purchaser agrees not to have these body parts removed from the dog for cosmetic reasons.
Placement: Purchaser agrees not to ever abandon the dog, or surrender it to a shelter, but Purchaser shall have the right to place the dog into another home if the need arises.
Registration: The Kennel certifies that the dog is a purebred or a purposefully bred designer mix, and that the animals named in the pedigree are the actual parents of the purchased dog. Kennel will provide a four-generation pedigree for the dog, and registration papers, if applicable, at the time of sale.
Ownership Responsibilities: The Purchaser agrees to maintain the dog as a house dog in a humane environment and properly socialize, train, and care for it. Purchaser agrees to follow a veterinarian recommended immunization and health care program, with preventative heart worm medication given during the whole year, and agrees that the dog will be inoculated against rabies and other communicable diseases as recommended by a qualified veterinarian. Purchaser also understands that dogs can be roamers, and that the dog must at all times be confined to a fenced area or restrained by a leash, and agrees that the dog will not be allowed to roam at large.
The Purchaser also agrees to provide a proper environment that consists of food of sufficient quality and quantity to keep the dog in optimum condition; clean water; adequate shade and shelter to protect from the elements when the dog is outdoors, with a fenced in yard, or a kennel run that provides an adequate exercise area for its size. Dog is to be kept inside, and not made to sleep outside or live outside under any circumstances.
Spay/Neuter: This dog is being sold primarily as a pet and no guarantee has been made concerning the dog's suitability as a breeding dog. But spaying or neutering the dog is NOT required, as this serious surgery is a health decision best left up to the dog’s owner and their veterinarian, after careful consideration of the benefits of the surgery, weighed against possible health consequences. And Kennel does recommend waiting until the dog has become fully mature before spay/neutering, and strongly advises against pediatric spay/neuter for dogs, due to possible negative health consequences.
Receipts and Sales Tax: The Purchaser agrees that the full purchase price of the dog, plus 7% sales tax on the full purchase price of the dog, is to be paid in cash before receipt of the dog, and the Kennel agrees that it will provide receipts on the purchase price of the dog. And Kennel warrants that it has a Certificate of Registration, issued pursant to Chapter 212, Florida Statues, to collect and report 7% sales tax on the full purchase price of the dog.
Health Guarantee: The Purchaser acknowledges that when selecting a dog, one is not buying a manufactured product that meets certain specifications, and with dogs, as with all animals, some flaws are visible, and others are not seen. However, considering the imperfectability of all living things, the Kennel does offer the following Health Guarantee, and it is agreed by both the Purchaser and the Kennel that the following stipulations govern all provisions of the health guarantee:
1. The Purchaser will keep the dog up to date on all vaccinations.
2. The Kennel sells dogs for companion purposes only, and no guarantee is made concerning the dog’s suitability for either showing or breeding. There is also no guarantee, or warranty, on the eventual size or color of the dog, both of which are unpredictable.
3. The Kennel extends this Health Guarantee for as long as the Purchaser, as stated in the Kennel's paperwork, is still the owner of the dog, up to one year from the date of the purchase of the dog from the Kennel by the Purchaser.
4. Diagnostic procedures are NOT covered by this Health Guarantee.
Exclusions to the Health Guarantee: Eye lid entropion and ectropion, and third eye eversion (cherry eye) are not covered by this health guarantee. Umbilical hernia is not covered, and a finding of internal or external parasites does not deem the dog unfit or unhealthy. The Canine Influenza Virus is also excluded from the contagious sickness guarantee, as there is presently no vaccine that can guarantee against this virus. Fecal testing, other testing for parasites, worm medications, and vaccinations should be a part of the dog's healthcare routine, and as such, are not covered under this health guarantee.
Parasites and protozoa are not considered to be life-threatening, and can be easily and successfully treated. Minimal treatment for protozoa and parasites has been administered by the Kennel to insure proper development of puppies, without ill effects of strong medications. If a puppy does require parasite or protozoa treatment, it will be considered part of the condition of purchasing a puppy, not life-threatening, and easily and advisably treatable.
This health guarantee does not cover any health issues caused by neglect or injury once the dog has left the Kennel with the Purchaser.
Duration of Health Guarantee: The Kennel offers a fourteen (14) day health guarantee on any contagious sickness sickness for which there is a vaccine that can be administered to young puppies(excluding Canine Influenza Virus) provided the Purchaser has had the dog inspected by a licensed Veterinarian within two (2) days of purchase (Sundays and official holidays excluded), and the Kennel offers a one (1) year guarantee against any life threatening hereditary defect, diagnosed by a licensed Veterinarian. This one (1) year limited health guarantee against life threatening hereditary defects is in effect up to the date of the first year anniversary of the purchase of the dog from the Kennel by the Purchaser only, and is not transferable to another party.
Execution of Health Guarantee: It is the Kennel's intent to place only healthy dogs, and if a life threatening genetic problem should arise at any time during the one (1) year limited genetic health guarantee, then the Kennel must be contacted by the Purchaser prior to any testing for genetic problems for the treatment charges to be considered. If the problem proves to be a life threatening genetic disorder, the Kennel will exchange the dog with a different dog from the next available litter OR reimburse the Purchaser for medical treatment costs UP TO the purchase price of the dog. Reimbursement for medical treatment costs will be made only if the Kennel was contacted for prior approval.
If the dog is being replaced, then the dog would need to be brought or shipped back to the Kennel, at Purchaser's expense, so that the dog can be replaced with a healthy dog. Health issues that the Purchaser was made aware of prior to taking possession of the dog will not be covered by this health guarantee, and such health issues are noted in writing at the bottom of this contract.
All shipping charges are non-refundable. Medical treatment costs without prior approval and in excess of the purchase price will be the responsibility of the Purchaser.
The Purchaser must provide the Kennel with veterinary records and notes, test results, bills, and if applicable, X-rays, in order for any charges to be considered. No charges will be considered if the health issue is not a proven life threatening genetic disorder. The Kennel has the right to a second opinion with a Veterinarian of their choice who is not associated with the Purchaser's Veterinarian.
Initial Veterinary Exam: The dog must be inspected by a Veterinarian of the Purchaser's choice within two (2) days of receipt of the dog (Sundays and official holidays excluded), and the "Initial Veterinarian's Exam Report," which will be included in the paper work the Purchaser receives with the dog, must be signed by the Purchaser and by the attending Veterinarian at the initial exam, and a copy must be returned to the Kennel within two (2) weeks of receipt of the dog, or the health guarantee is null and void.
Health Certificate: The Kennel will take the dog to a veterinarian prior to the dog's sale, and the Kennel will supply a Health Certificate, signed and dated by said Veterinarian, as required by Florida law, to the Purchaser when the dog is picked up.
Acknowledgment: The Purchaser acknowledges that this written agreement constitutes the entire agreement regarding the health, condition, or loss of the dog between the Purchaser and the Kennel, and that the Purchaser has relied upon no oral representations to this agreement. Nothing is implied. Any court proceeding concerning the dog shall take place in the County of the Kennel, and the dog must be returned to the Kennel until any dispute is settled.
Parties and Signatures:
This contract is entered into between the Purchaser and the Kennel in ____ County, in the State of Florida, in the United States of America.
Purchaser(s): _______________________________________________________
Street Address:: ____________________________________________________
City/State/Zip: _____________________________________________________
Phone/email: ________________________________________________________
BY SIGNING THIS CONTRACT I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF ITS PROVISIONS, AND THAT I AGREE TO BE FULLY BOUND BY THE SAME.
Purchaser Signature: ________________________________________
Purchaser Signature: ________________________________________
Date: ______________
JOLIE CHIEN SALES
Seller Signature: __________________________________
Date: _____________
CONTACT INFORMATION
WE ARE LOCATED IN THE NORTHCENTRAL FLORIDA AREA, just a few miles from the Gulf of Mexico. We can be contacted by E-mail at:
jolie.chiens@gmail.com
"The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. Property must be sacred or liberty cannot exist."
John Adams
Second American President
