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.
At Pawrade, we promise we have done everything possible to make sure your new puppy is healthy when he or she departs. Our comprehensive health guarantee has you covered if a health issue should arise. We would love this Health Guarantee ("Health 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. and Pawrade make no representations, warranties, covenants, responsibilities, agreements or guarantees with regards to the first year of this Health Guarantee. This Health Guarantee referenced herein on Pawrade.com is strictly reference-only and for informative purposes only, is not valid and does not provide additional coverage. The governing Health Guarantee is administered by PetPay, Inc., found on PetPay.com and for which its terms are fully incorporated herein by reference and takes precedence over all other guarantees, terms and policies supplemental or conflicting.
To the best of the Breeder's knowledge, the puppy is healthy and in sound condition at the time of sale and prior to leaving the Breeder's 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 14 Days of this Health Guarantee as puppies are prone to many illnesses if not transported with the utmost of care.
Covid-19 Restrictions May Delay TravelDue to potential Covid-19 restrictions, any and all puppy transportation / delivery may be delayed. Buyer understands that delays due to Covid-19 restrictions does not warrant a cancellation and that additional nominal kennel fees may be assessed to accommodate the puppy until it may travel. Breeder agrees to hold the puppy until it may travel.
- 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 Health 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 Health Guarantee.
- Purchase Price - The price of the puppy excluding taxes, PetPay Fees, refunds, 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. Breeder is responsible for all shipping costs including return shipping costs. Original puppy must be returned to Breeder.
- Liable Party - The party for whom is monetarily liable for claims arising from this Health Guarantee. The Breeder is liable for First Year claims, whereas, PetPay, Inc. is liable for claims in Years 2 and 3.
- Veterinary Hospital - All veterinary facility types and/or means by which a Pet receives veterinary care. The term "Hospital" includes but is not limited to: veterinary teaching Hospital, veterinary Hospital, veterinary clinic, mobile and/or house call veterinary practice, specialty veterinary Hospital, referral veterinary hospital, veterinary care center, and veterinary specialty center.
- Pet Insurance - Peace of mind for pet owners, pet insurance protects against unexpected veterinary costs.
- Pet Insurance Deductible and Uncovered Percentage - The portion of the veterinary bill you’re responsible for before your plan’s reimbursement kicks in.
This Health Guarantee stipulates your obligations defined below:
- Upload Delivery & Transfer of Ownership Confirmations - Upon receipt of your puppy, you will be required to upload photos to confirm the delivery for transfer of ownership of the puppy to you.
- 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. Wellness checkups and timely vaccinations are required on a regular basis or as recommended by your licensed veterinarian.
- MetLife Pet Insurance - Activation of your MetLife Pet Insurance policy is required to activate this Health Guarantee. Activation is only permitted after you've received your puppy and uploaded your proof of delivery and transfer of ownership paperwork including delivery picture to PetPay and prior to any vet visits, including prior to your mandated 72-hour veterinary check, to ensure your Health Guarantee is in full force and effect.
- 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 unless the puppy is of age and due its next round of vaccinations.
- 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 Health 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 Health Guarantee becoming null and void. Your puppy should be spayed or neutered before the puppy is nine (9) months of age if its predicted adult weight is under 45 lbs. or before twelve (12) months of age if its predicted adult weight is over 45 lbs. Certain large breed male dogs require neutering between 12 months and 18 months of age to avoid prostate cancer from a lack of hormones due to insufficient testosterone levels prior to 12 months of age. 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. All registry paperwork will be sent once proof of spaying/neutering is received.
- Feeding - It is understood that you will feed the puppy the same food as depicted by the Breeder. The puppy's food brand and formulation are accessible on the 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.
- Release of Records - To process any claim you agree to authorize a full release to PetPay, Inc. and its employees the entire medical veterinary history/records and reports that exist for your puppy including imaging reports and studies (Radiographs, US, CT, MRI, NM), laboratory result reports, recommended treatment or continued treatment plan from any Veterinary Hospital. This authorization of full release must be valid for a period of (6) months from the date of authorization, whichever is greater and requires the authorization and permission of PetPay, Inc. and its employees to contact and communicate directly with any Veterinary Hospital. Buyer is responsible for any fees incurred by their Veterinary Hospital in relation to this Release of Records stipulation. Failure or refusal to disclose a complete medical history for you puppy when requested may result in the denial of your claim(s).
What is covered?
Should a health issue arise after your puppy comes home, this Health Guarantee along with your Pet Insurance has you covered. This Health Guarantee is non-transferable and only the original purchaser of the puppy can file a claim. Only puppies delivered and continually residing in the continental United States are covered by this Health Guarantee. The Pet Insurance may be transferred however will be subject to MetLife transferable guidelines.
- First 72 Hours - In the event your puppy is found to have a life threatening illness, contagious or infectious disease within the first seventy-two (72) hours upon 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 in excess of Pet Insurance excluding deductibles and uncovered percentages and parasites, or a parasite found in result of a Fecal Float Exam, reimbursement for fair and reasonable and documented veterinary expenses for the cost of the medicine through our Prescription Reimbursement Program.
- First 14 Days - If, after the First 72 Hours and prior to the first 14 days of physical ownership, if your puppy is found to test positive for a life threatening illness, contagious or infectious disease resulting from a PCR test administered within the first seven (7) days of arrival while not found within the initial Fecal Float Exam (required in the first vet visit), Reimbursement will be provided for fair and reasonable and documented veterinary expenses for medical treatment up to the original Purchase Price of your puppy in excess of Pet Insurance excluding any deductibles and uncovered percentages and parasites, or life-threatening blood parasites or life-threatening single-celled blood protozoans reimbursement will be provided for fair and reasonable and documented veterinary expenses for the cost of the medicine through our Prescription Reimbursement Program.
- First 30 Days - Upon activation of your Pet Insurance with MetLife, please see the terms of your policy for coverages. We strongly encourage you to continue your pet’s insurance policy beyond this time frame for any unexpected injury or ailments that may arise as a puppy's immune system is not yet fully developed.
- 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, and not a Breed Specific Health Ailment, purchaser will receive, at the discretion of the Breeder, 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 Health 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, and not a Breed Specific Health Ailment, 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 Health Guarantee to be valid. Bulldog breeds are excluded from this coverage.
- Extended Guarantee - If at the time of purchase you selected Extended Guarantee coverage then Years 2 & 3 above shall extend based on the extension purchased, not to exceed your puppy's tenth birthday.
Prescription Reimbursement Program
The Prescription Reimbursement Program is offered exclusively by PetPay as an added benefit. The goal of the program is to ensure the treatment plan prescribed by your Veterinarian eradicates your puppy's condition in the quickest most effective manner. In order to receive reimbursement, your Veterinarian must prescribe one of the below medications for the covered ailment(s) AND be the first choice prescribed by your Veterinarian Hospital AND not covered by Pet Insurance. This means if your Veterinarian prescribed anything other than the required first choice medication(s) listed below then reimbursement will not be provided. The Prescription Reimbursement Program offers coverage for up to one (1) incident per covered ailment per puppy. PetPay will cover the medication expenses for the common puppy ailments listed below in puppies who experience stress from leaving their mother. Combination treatments are required as efficacy rates for one standalone Rx often result in prolonged treatment and/or recurring infection. Reimbursement will be provided up to the amount stated per ailment listed below. The reimbursement rates listed below are common prices pharmacies charge.
- Giardia - Fenbendazole and Metronidazole together for 5 days, being sure to bathe the puppy often in warm soapy water using dawn dish soap to remove cysts and prevent further reinfection. No greater than $30.
- Coccidia - Sulfadiazine/Trimethoprim (Tribrissen) and Metronidazole together for 5 days, being sure to bathe the puppy often in warm soapy water using dawn dish soap to remove cysts and prevent further reinfection. No greater than $30.
- Cough - Up to 10 days Azithromycin, 10 days Baytril. No greater than $30.
- Ear Infection - Up to 7 days of Posatex Otic Suspension. No greater than $35. Excluding breeds susceptible to ear infections.
What is not covered?
- Pet Insurance deductible and uncovered percentages.
- 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). 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.
- 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.
- Illness, contagious or infectious disease to exclude Parvo that is diagnosed more than seven (7) days after your puppy's 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 Health 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, testicle problems (pre-departure vet check will ensure both testicles have descended). This Health 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, 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.
- Parvo. Buyer understands that the puppy may contract parvo from any and all public areas and if this puppy contracts parvo, the Liable Party is not responsible for any vet bills or death of puppy resulting from said disease if diagnosed after the first 72 hours upon arrival. SNAP tests to diagnose Parvo are inadmissible. An IDEXX Parvovirus 2 (CPV-2) RealPCR™ Test-Canine (2649) panel analyzed by an IDEXX laboratory is required.
- Coccidia diagnosed from a SNAP test. SNAP tests to diagnose Coccidia are inadmissible. A RealPCR™ panel analyzed by an IDEXX laboratory is required.
- Low Blood Sugar, Hypoglycemia and any and all relatable claims.
- Hiatal, Perineal, Diaphragmatic and Inguinal Hernias. Umbilical Hernias identified after the initial veterinarian examination.
- Pre-Existing Conditions. All pre-exisiting conditions disclosed prior to delivery, including relatable conditions and/or treatments. The degradation or worsening of such condition.
- Breed Specific Health Ailments
- Results of genetic testing.
- Cancer of any type.
Breed Specific Health Ailments
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 Health Guarantee will be considered null and void.
Certain Breeds are susceptible or prone to adverse health effects ("Ailments") for which are not covered by this Health Guarantee. Breed Ailments include, but not limited to, certain diseases, syndromes, autoimmune disorders, epilepsy, eye problems, cataracts, ear infections, portosystemic shuntor defects, respiratory problems, elbow or hip dysplasia, joint problems, bloat, glaucoma, diabetes, collapsing trachea, breathing problems, skin or hair loss, little white shaker syndrome, heart disease, mitral valve disease, valvular disease, aortic stenosis or heart failure. Determination for specific breed Ailments shall be made by veterinary consensus, to include at PetPay's sole discretion, the determination of Doctors of Veterinary Medicine or published editorials on breed standards.
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 must contact your Breeder and PetPay immediately by filing a claim. Include a copy of the medical records related to your puppy's diagnosis, your Pet Insurance claim and Summary of Benefits, and another other information PetPay and/or your Breeder might need to review. An official diagnosis in writing is required from the Veterinarian within 5 business days of the original diagnosis date. Claims must be filed within 30 days of the original diagnosis date and must include all supporting evidence and/or requested documentation by such date. We will work with you to help you obtain any information needed to review the claim.
After we have received all requested information regarding the diagnosis and related veterinary expenses (no later than 30 days of the original diagnosis date), 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. and its properties, Pawrade and its properties, and 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. In the unfortunate event the puppy dies, a necropsy report at the Buyers expense stating the cause of death will be required in order to file a claim and shall Buyer be awarded, at the discretion of the Breeder, Reimbursement or Replacement under this Health Guarantee, Breeder and/or PetPay will require proof of euthanization from your Veterinarian including the diagnosis as related to the cause of death. Please note, the first year of this Health Guarantee is offered by the Breeder only with the exception of the Prescription Reimbursement Program. PetPay, Inc. and its properties and Pawrade and its properties 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 Health 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 Breeder, PetPay, Inc. or any of its properties.
- Chargeback of any kind. If you dispute a charge post-delivery, this constitutes as fraud and thus you could be criminally prosecuted and sued.
- Defamation, Libel and/or Slander of any kind against Breeder, PetPay, Inc. or any of its properties.
- Use of Banfield Pet Hospital is strictly prohibited.
Reimbursement for documented Ailments found within the First 14 Days of Health Guarantee
You must first file your Pet Insurance claim with MetLife and provide PetPay with MetLife's Summary of Benefits and Coverage for each Claim or MetLife's Denial of Benefits letter. Reimbursement by this Health Guarantee will only be made for covered ailment claims in excess of coverage provided by MetLife Pet Insurance, excluding any deductibles and uncovered percentages, but not greater than Total Liability Limits.
Total Liability Limits
This Health Guarantee includes Liability Limits, No Double Recovery and sets forth maximum reimbursement benefits and total liability limits up to the original Purchase Price of your puppy. Buyer agrees, to the fullest extent permitted by law, to limit the liability of the Breeder and PetPay and PetPay’s officers, directors, partners, employees, shareholders, owners and PetPay's suppliers and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of the Breeder and PetPay and PetPay’s officers, directors, partners, employees, shareholders, owners and PetPay's suppliers and subconsultants shall not exceed the Purchase Price. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity.
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 Health Guarantee represents the health agreement between you the Buyer and the Breeder and PetPay, Inc. and its properties. This Health Guarantee takes precedence over all other guarantees, extended guarantees offered independently by the Breeder, terms and policies supplemental or conflicting between the parties.