Terms of Purchase Agreement
THE TERMS FOUND IN THIS AGREEMENT ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF PURCHASE AGREEMENT PRIOR TO PURCHASING A DOG FROM OUR STORE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS.
Section 1 – Introduction Consent to Terms.
Thank you for purchasing one of our amazing dogs (referred to herein as your “New Family Member”)!
This Agreement sets forth the terms and obligations between Pettito, LLC, a Texas limited liability company (“Pettito”) and you, the signatory at the bottom of this Agreement (referred to herein as “You”, “Your”, “I”, or the “Purchaser”) (referred to herein collectively as the “Parties”).
All terms and obligations contained in this Agreement are legally binding. Your purchase of a dog and signature below constitutes acceptance of all of the terms contained herein.
If you do not agree to all of the terms found in this Agreement, we ask that you please not purchase a dog from our store.
Section 2 –Information of Your New Family Member.
Date of Birth: _____________________________________________________
Microchip Number: ________________________________________________
Date of Purchase: __________________________________________________
Purchase Price: ____________________________________________________
Section 3 – Representations, Warranties, and Conditions of Purchaser.
By purchasing a New Family Member, you hereby represent, warrant, and promise that:
**PLEASE INITIAL BELOW BY EACH AND EVERY STATEMENT**
____________ I am committed to care for our New Family Member for the entirety of his/her natural life;
____________ I have the financially flexibility to provide for our New Family Member’s needs, including
supplies, food, shelter, doctors’ visits, toys, etc.;
____________ I have adequate time to spend with our New Family Member, including for training and
exercise, or will hire a responsible third-party to do so; and
____________ Our New Family Member will reside with my family and is not being purchased for resale.
Section 4 – Representations and Warranties of Pettito.
Pettito hereby represents and warrants to you that:
a) Pettito is the owner of the New Family Member, and has the right, title, and authority to sell to you the New Family Member without any encumbrance or lien of any kind;
b) Your New Family Member is being sold to you with no conditions attached except for those conditions specifically outlined in this Agreement;
c) Your New Family Member is, at the time of purchase, in good health condition and is free of those diseases or major bodily issues as outlined in the Section below titled Limited Health Warranty;
d) Your New Family Member has been given all required vaccinations in the state of Texas due to be given for his/her age, as of the time of purchase (please note that due to the age of your New Family Member, they may not have all required vaccinations for a puppy or adult, which are the responsibility of Purchaser after purchase).
e) If your New Family Member is listed as pure-bread, Pettito, or its breeder, guarantees that your New Family Member is a pure-bread dog; and
f) If applicable, your New Family Member comes from a licensed kennel.
Section 5 – Rules of Ownership.
As the new owner of the New Family Member, you further hereby agree and understand that:
a) We strongly recommend that you do not change the food currently consumed by your New Family Member for a period of forty-five (45) days;
b) You will take your New Family Member to a certified veterinary clinic for all reasonable and necessary check-ups;
c) You will not permit your New Family Member to be in contact with other adult dogs or other domestic animals until your New Family Member has received its complete vaccination plan;
d) Your New Family Member will be provided clean utensils for consuming food and water, as well as regular access to food and clean drinking water;
e) You will not give your New Family Member any medications unless prescribed or directed by a licensed veterinarian;
f) All subsequent owners of your New Family Member must be provided a copy and bound by all of the terms and conditions of this Agreement;
g) You will not chain or kennel your dog for extended periods of time due to the negative behaviors that can come out of any of these activities; and
h) We strongly recommend that you obtain health insurance for your New Family Member to account for unexpected medical bills.
Failure to comply with each of the following Rules of Ownership will automatically invalidate all warranties given in this Agreement.
Section 6 – Terms of Sale.
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. By providing a credit card or other acceptable payment method, you represent and warrant that you authorize us to charge your payment method the price of your New Family Member, in addition to taxes and other fees. You agree that you are responsible to pay for and will pay for all such charges.
All prices shown are in U.S. Dollars. Payment must be made at the time of purchase. If we process your payment, which is rejected, we have no obligation to transfer ownership of the New Family Member to you. If you later issue a chargeback for the monies paid or if there is a payment issue after processing for any reason, you will be responsible for ensuring full payment for all monies owed.
Pettito offers financing through third-party companies. If you elect to finance the purchase of your New Family Member, your purchase and financing will be subject to all of the terms and conditions agreed to in your financing. Obtaining financing is not guaranteed and may be based on your past or current credit history. Pettito is not a partner of these companies nor are any of these financing companies agents of Pettito. All third-party financing companies do not have the ability to bind Pettito by any obligation, promise, or recommendation. Any or all disputes Purchaser has with a through third-party company providing financing, if any, shall be handled solely with that company and not Pettito.
Failure to pay for your New Family Member will accrue interest at one percent (1%) per month until paid in full. Pettito reserves the right to transfer any past-due balance to a collection agency or attorney. If your past-due balance (of any amount) is transferred to a collection agency or attorney, Pettito shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
If you would like to purchase your New Family Member and pick it up at a later time, we will permit you to do so for a daily fee of one hundred dollars ($100.00) per day, for up to two (2) days after purchase. Any and all guarantees, promises, representations, and deadlines stated herein run from the time of purchase and not from the time of pickup. Our Limited Guarantee is not extended if you elect to pick up your New Family Member at a later time.
Section 7 –Limited Health Warranty.
Pettito provides the following limited health warranty (the “Limited Health Warranty”):
• A one (1) year guarantee from the date of purchase against congenial-hereditary diseases, such as hip dysplasia and ascites; and
• A five (5) day guarantee period against infectious-contagious diseases, such as parvovirus, distemper, adenovirus type II, parainfluenza, coronavirus, hepatitis, and leptospirosis.
This Limited Health Warranty is subject to investigation by Pettito, at its own cost. Pettito reserves the right to reject the Limited Health Warranty should we discover credible evidence that suggests malfeasance by Purchaser.
We do not guarantee minor illnesses such as cough, cold, or diarrhea.
If your New Family Member is sourced from one of our trusted breeders, please do know that we vet our breeders heavily. With this, we conduct thorough checks of the health of our dogs, in addition to the checks and measures put into place by our breeders.
Section 8 – Cancellations, Refunds, & Limited Guarantee.
Once you have purchased your New Family Member from Pettito, we cannot offer any refunds, changes, or cancellations of any kind, unless explicitly stated in this Agreement.
Pettito will provide you with a limited guarantee of your New Family Member for a period of fifteen (15) days from the date of your purchase, subject to all of the terms found in this Section (the “Limited Guarantee”).
Purchaser has five (5) days from the date of purchase to have your New Family Member examined by a licensed veterinarian, at the sole cost of Purchaser. If your New Family Member fails the examination by a licensed veterinarian, Pettito will accept a return of your New Family Member, and will provide you with a store credit of the purchase price paid, to purchase a new dog, conditioned on (a) the examination must be a failure of one (1) or more of the infectious-contagious diseases set forth in Section 6 of this Agreement; (b) the examination must be from an active, practicing, and licensed veterinarian in any state in the United States and must be evidenced by a writing signed by the veterinarian; (c) if Pettito elects to contact the veterinarian, the licensed veterinarian must be able to confirm the conclusions found within his/her examination; and (d) your New Family Member must be returned to Pettito without evidence of abuse, neglect, or similar (the “Guarantee Requirements”). No cash refunds of any kind will be offered.
A diagnosis not supported by a written examination from an active, licensed, practicing veterinarian will not be enough to support a determination under this Section. Failure to have your New Family Member examined within five (5) days from the date of purchase will void this Limited Guarantee, as will a failure to comply with each of the Guarantee Requirements.
The Limited Guarantee only applies to Purchaser, who has transacted with Pettito for the New Family Member. If you meet the Guarantee Requirements, please inform us as soon as you possibly can.
This Limited Guarantee only covers the Limited Health Warranties set forth in this Agreement and specifically does not cover: allergies, sickness, undescended testicles, heat, stroke, exhaustion, or any effects caused by neglect, abuse, or a failure to comply with this Agreement.
Pettito will not be responsible for any veterinary bills incurred by Purchaser under this Section, which are the sole responsibility of Purchaser.
Section 9 –Additional Pettito Exclusions.
Pettito does not and cannot guarantee a lifetime of your New Family Member. While your New Family Member may have an expected lifetime based on its breed, dogs, as any animals, including humans, have a variety of issues and circumstances that can lead to early death.
Pettito does not and cannot guarantee any behavioral traits, characteristics, temperament, or similar. Although the breed of your New Family Member may be capable of certain behavioral traits, characteristics, or temperament, including the ability to be trained, dogs do vary from one another due to a variety of circumstances including, without limitation, genetics, environment, and the owner’s abilities.
Pettito does not and cannot guarantee colors, spots, or other aesthetic qualities which can vary significantly.
Pettito is not responsible for any issues of any kind related to the treatment or mistreatment of your New Family Member. It is expected that you have a reasonable level of intelligence as it pertains to ownership of an animal, as well as the ability to generally to monitor your New Family Member for issues or potential issues and keep your New Family Member away from harm or potential harm.
Section 10 –Information Received by Pettito or Employees.
Purchaser hereby explicitly understands and agrees that, unless otherwise specifically stated herein, any and all information provided by employees of Pettito is informational in nature and should not be solely relied on by Purchaser or any third-party.
The employees of Pettito are not licensed veterinarian or medical professionals. While our employees may be able to provide you with some limited beneficial information based on experience, any information gained from employees of Pettito is informational in nature, should not be solely relied on, should be used at your own risk and is not a substitute for veterinary or medical advice.
If your New Family Member is experiencing a medical or veterinary issue, please take your New Family Member to a licensed veterinary or medical professional.
Any information received by Purchaser in this Agreement is informational in nature is not legal advice. If you would like to have this Agreement reviewed by an attorney, please do, but we will not be able to hold any dogs for you without payment of the full purchase price and subject to the additional payment and holding costs outlined in Section 7.
Section 11 – Pettito Intellectual Property.
The contents of our Website, this Agreement, and our retail store (the “Retail Store”) are protected by United States and international copyright laws. The contents of our Website, this Agreement, and our Retail Store are owned exclusively by Pettito or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website, this Agreement, or our Retail Store (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in this Agreement are reserved for Pettito.
Pettito and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Pettito. All rights in these Marks are reserved by Pettito. You may not use any Pettito-provided Marks or other logos or graphics, without our prior written consent.
Section 12 – Disclaimer.
EXCEPT AS SPECIFICALLY LISTED HEREIN, OUR SERVICES AND DOGS ARE PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PETTITO AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 13 – Limitation of Liability.
PETTITO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE FOR CAUSES BEYOND OUR CONTROL OR ANY OTHER DAMAGE WHICH DOES NOT RESULT FROM A BREACH OF OUR OBLIGATIONS UNDER THIS AGREEMENT.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES REULTING FROM A BREACH OR ALLEGED BREACH OF THIS AGREEMENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID PETTITO FOR YOUR NEW FAMILY MEMBER.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THIS AGREEMENT MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Section 14 – Indemnification.
You agree to defend, indemnify and hold Pettito, its owners, managers, agents, employees, contractors, and affiliates harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any claim, action, or demand arising from your breach of this Agreement or applicable law(s).
Section 15 – General Provisions.
a. Entire Agreement. These Terms contains the entire agreement between you and Pettito. No oral agreements, promises, or representations of any kind will be effective.
b. Waiver. The failure by Pettito to enforce any provision of this Agreement shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.
c. Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Pettito’s prior written consent.
d. Relationship. Nothing in this Agreement shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Pettito.
e. Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of Texas. Except for non-payment by Purchaser, any dispute arising from this Agreement shall be subject to binding arbitration. Arbitration shall take place in Collin County, Texas.
f. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.