Terms of service
This agreement is a legal instrument between Buyer and Seller (Hollywood Chis, Inc./Hollywood Chihuahua) Buyer agrees that Buyer has read and understands this Agreement and that no other guarantees or warranties have been made either expressed or implied by the Breeder/Seller. This Agreement contains the complete expression of the terms and conditions governing the matters covered by this Agreement and Buyer and Seller stipulate that no amendments or modifications to this Agreement are permitted unless they are in writing and signed by the Buyer and Seller.
Limitation of Liability. Buyer agrees and confirms that it is impractical, if not impossible, to estimate the actual damages, if any, that may result from failure on the part of Seller including any act or omission relating to the sale provided under this Agreement. Buyer agrees that Seller is exempt from liability for personal injury or property damage or loss related to this Agreement. Buyer agrees that if Seller shall be found liable for injury, loss or damages in any respect, Seller’s liability shall be limited to Two Hundred Fifty Dollars ($250). Seller makes no warranties or guaranties other than those expressed in writing by Seller. Seller disclaims the implied warranty of merchantability and any implied warranties of fitness for any particular purpose. No employee, agent or other representative of Seller has any authority to make any additional express warranties or otherwise vary the terms of this Agreement.
Alternative Dispute Resolution. The following mandatory and binding dispute resolution process applies to any claim or dispute between Buyer and Seller related to this Agreement, the sale under this Agreement and the animal covered by this Agreement and is the exclusive process for presenting and determining any Claim between the parties as defined below. Any claim, complaint or dispute of any kind (collectively “Claim”) by Buyer must be submitted in writing to Seller with an explanation of the legal basis for the Claim. Within 20 days of submission of the Claim by Buyer, Buyer and Seller shall meet in person in Orange County, Florida at a location selected by Seller and use their “best efforts” and good faith to try to resolve the claim. If the Claim is not resolved within 30 days after being delivered to Seller, Buyer and Seller must submit the claim to formal mediation before a mediator jointly selected by the parties in Orange County, Florida. If the Claim is not resolved at mediation within 90 days of its submission to the mediator, and only if an impasse is reached after formal and in-person mediation, the Claim must be submitted to binding arbitration before a single Arbitrator pursuant to the Rules of the American Arbitration Association conducted in Orange County, Florida. The Arbitrator’s decision shall be in writing and contain findings of fact and conclusions of law. The failure of Buyer to comply with any terms of this provision constitutes a waiver of the Claim(s) and is a material breach of this Agreement entitling Seller to damages and attorney’s fees. Buyer knows that he or she is giving up any right to litigate any claims against Seller in a court or to have a jury trial for such claims including certain statutory claims, including but not limited to those under Section 828.29 of the Florida Statutes. Buyer understands it must still otherwise comply with the requirements, deadlines and conditions precedent under Section 828.29 or other statutes notwithstanding this Alternative Dispute Resolution Provision. Buyer knows the difference between this alternative dispute process and going to court and prefers this alternative because it is likely to be more efficient and effective at resolving any dispute and less costly than going to court.
In the event of any arbitration or formal dispute between the parties governed by this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. Seller shall also be entitled as contract damages to the recovery of any reasonable attorney’s fees it incurs in enforcing its rights under this Agreement or in responding to any complaints by Buyer that are not legitimate or substantiated regardless of whether a formal dispute between the parties takes place.
Non-disparagement. Buyer agrees to refrain from publishing or making any oral or written statements disparaging the Seller or Seller’s, owners, officers, employees, consultants, agents or representatives. Disparaging statements include, but are not limited, to those that (i) are derogatory, unfavorable or pejorative; (2) are slanderous, libelous or defamatory; or (ii) place the Seller in a negative or false light before the public. Buyer agrees that a violation or threatened violation of this prohibition may be enjoined by the courts. Buyer agrees that a violation or threatened violation of this provision would cause Seller irreparable harm, that Seller would not have an adequate remedy at law for such violation due to the likely damage to Seller’s reputation and that a temporary injunction may be entered to enjoin the violation or any future violation and would include an order directing Buyer to retract such statements and remove any disparaging statements published on the internet or in any media or publication. Buyer agrees that the damages that could be caused by a violation of this provision are difficult or impossible to estimate. Accordingly, Buyer agrees that each violation of this provision entitles Seller to $50,000.00 in liquidated damages immediately due and payable to Seller upon publication of a statement that violates this provision. By signing this Agreement, Buyer agrees and acknowledges that all disagreements, disputes and claims between the Buyer and Seller are to be handled privately and cordially and are governed exclusively by the Alternative Dispute Resolution Provision in this Agreement. A violation of this non-disparagement provision is also a separate violation of the Alternative Dispute Resolution Provision of this Agreement entitling Seller to additional and separate damages for breach of contract and for attorney’s fees.
Confidentiality. Buyer and Seller agree that neither they nor their attorneys nor any other representatives shall reveal to anyone, other than as may be mutually agreed to herein or required or permitted by law or order of court, the existence or nature of any claim or dispute between the parties or the terms and conditions of this Agreement.
Indemnification. Buyer shall indemnify Seller for all costs, expenses, liabilities, and fees, including attorney’s fees, which may be incurred as a result of Buyer’s breach of this Agreement.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of laws or conflict of laws principles.
Notices: Any notices required by this Agreement must be in writing and sent to the other party at the address shown in this Agreement.
This contract is valid for the original purchaser of the dog from Hollywood Chihuahua (Seller). If the dog is transferred to another owner then this contract is null and void, as Seller has no way of knowing how the dog is cared for or who the puppy is placed with.
I agree to e-mail the dated Vet report stating the puppies current health condition and a copy of the invoice showing procedures and care provided by vet to the breeder as proof of exam, the day of the exam. If breeder is not provided with report and invoice showing procedures and care provided, this contract is null and void.
This puppy is registered with AKC and is sold with a Full/Limited registration status. All vaccinations and deworming are current at time of sale. A vaccination record will be provided as verification of events.
It is Buyer’s responsibility to have this puppy examined by a licensed Veterinarian of their choice within 2 business days of taking possession of this puppy. If the puppy is found to have a life threatening congenital defect (heart, kidney, lung) or health problem at this exam, a replacement puppy of equal value will be given. The replacement will be subject to availability within 12 months.
The puppy must be timely returned with a signed compliant document from the Veterinarian stating the defect and it will need to be discussed with a Veterinarian of Seller’s choice before any exchange is granted. Seller is not responsible for illness or health problems that are diagnosed after the time periods provided in, or Buyer’s failure to otherwise comply with, Section 828.29 of the Florida Statutes.
Limitation of Liability. Buyer agrees and confirms that it is impractical, if not impossible, to estimate the actual damages, if any, that may result from failure on the part of Seller including any act or omission relating to the sale provided under this Agreement. Buyer agrees that Seller is exempt from liability for personal injury or property damage or loss related to this Agreement. Buyer agrees that if Seller shall be found liable for injury, loss or damages in any respect, Seller’s liability shall be limited to Two Hundred Fifty Dollars ($250). Seller makes no warranties or guaranties other than those expressed in writing by Seller. Seller disclaims the implied warranty of merchantability and any implied warranties of fitness for any particular purpose. No employee, agent or other representative of Seller has any authority to make any additional express warranties or otherwise vary the terms of this Agreement.
Alternative Dispute Resolution. The following mandatory and binding dispute resolution process applies to any claim or dispute between Buyer and Seller related to this Agreement, the sale under this Agreement and the animal covered by this Agreement and is the exclusive process for presenting and determining any Claim between the parties as defined below. Any claim, complaint or dispute of any kind (collectively “Claim”) by Buyer must be submitted in writing to Seller with an explanation of the legal basis for the Claim. Within 20 days of submission of the Claim by Buyer, Buyer and Seller shall meet in person in Orange County, Florida at a location selected by Seller and use their “best efforts” and good faith to try to resolve the claim. If the Claim is not resolved within 30 days after being delivered to Seller, Buyer and Seller must submit the claim to formal mediation before a mediator jointly selected by the parties in Orange County, Florida. If the Claim is not resolved at mediation within 90 days of its submission to the mediator, and only if an impasse is reached after formal and in-person mediation, the Claim must be submitted to binding arbitration before a single Arbitrator pursuant to the Rules of the American Arbitration Association conducted in Orange County, Florida. The Arbitrator’s decision shall be in writing and contain findings of fact and conclusions of law. The failure of Buyer to comply with any terms of this provision constitutes a waiver of the Claim(s) and is a material breach of this Agreement entitling Seller to damages and attorney’s fees. Buyer knows that he or she is giving up any right to litigate any claims against Seller in a court or to have a jury trial for such claims including certain statutory claims, including but not limited to those under Section 828.29 of the Florida Statutes. Buyer understands it must still otherwise comply with the requirements, deadlines and conditions precedent under Section 828.29 or other statutes notwithstanding this Alternative Dispute Resolution Provision. Buyer knows the difference between this alternative dispute process and going to court and prefers this alternative because it is likely to be more efficient and effective at resolving any dispute and less costly than going to court.
In the event of any arbitration or formal dispute between the parties governed by this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. Seller shall also be entitled as contract damages to the recovery of any reasonable attorney’s fees it incurs in enforcing its rights under this Agreement or in responding to any complaints by Buyer that are not legitimate or substantiated regardless of whether a formal dispute between the parties takes place.
Non-disparagement. Buyer agrees to refrain from publishing or making any oral or written statements disparaging the Seller or Seller’s, owners, officers, employees, consultants, agents or representatives. Disparaging statements include, but are not limited, to those that (i) are derogatory, unfavorable or pejorative; (2) are slanderous, libelous or defamatory; or (ii) place the Seller in a negative or false light before the public. Buyer agrees that a violation or threatened violation of this prohibition may be enjoined by the courts. Buyer agrees that a violation or threatened violation of this provision would cause Seller irreparable harm, that Seller would not have an adequate remedy at law for such violation due to the likely damage to Seller’s reputation and that a temporary injunction may be entered to enjoin the violation or any future violation and would include an order directing Buyer to retract such statements and remove any disparaging statements published on the internet or in any media or publication. Buyer agrees that the damages that could be caused by a violation of this provision are difficult or impossible to estimate. Accordingly, Buyer agrees that each violation of this provision entitles Seller to $50,000.00 in liquidated damages immediately due and payable to Seller upon publication of a statement that violates this provision. By signing this Agreement, Buyer agrees and acknowledges that all disagreements, disputes and claims between the Buyer and Seller are to be handled privately and cordially and are governed exclusively by the Alternative Dispute Resolution Provision in this Agreement. A violation of this non-disparagement provision is also a separate violation of the Alternative Dispute Resolution Provision of this Agreement entitling Seller to additional and separate damages for breach of contract and for attorney’s fees.
Confidentiality. Buyer and Seller agree that neither they nor their attorneys nor any other representatives shall reveal to anyone, other than as may be mutually agreed to herein or required or permitted by law or order of court, the existence or nature of any claim or dispute between the parties or the terms and conditions of this Agreement.
Indemnification. Buyer shall indemnify Seller for all costs, expenses, liabilities, and fees, including attorney’s fees, which may be incurred as a result of Buyer’s breach of this Agreement.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of laws or conflict of laws principles.
Notices: Any notices required by this Agreement must be in writing and sent to the other party at the address shown in this Agreement.
This contract is valid for the original purchaser of the dog from Hollywood Chihuahua (Seller). If the dog is transferred to another owner then this contract is null and void, as Seller has no way of knowing how the dog is cared for or who the puppy is placed with.
I agree to e-mail the dated Vet report stating the puppies current health condition and a copy of the invoice showing procedures and care provided by vet to the breeder as proof of exam, the day of the exam. If breeder is not provided with report and invoice showing procedures and care provided, this contract is null and void.
This puppy is registered with AKC and is sold with a Full/Limited registration status. All vaccinations and deworming are current at time of sale. A vaccination record will be provided as verification of events.
It is Buyer’s responsibility to have this puppy examined by a licensed Veterinarian of their choice within 2 business days of taking possession of this puppy. If the puppy is found to have a life threatening congenital defect (heart, kidney, lung) or health problem at this exam, a replacement puppy of equal value will be given. The replacement will be subject to availability within 12 months.
The puppy must be timely returned with a signed compliant document from the Veterinarian stating the defect and it will need to be discussed with a Veterinarian of Seller’s choice before any exchange is granted. Seller is not responsible for illness or health problems that are diagnosed after the time periods provided in, or Buyer’s failure to otherwise comply with, Section 828.29 of the Florida Statutes.
