Common use of Seller’s Limited Warranty Clause in Contracts

Seller’s Limited Warranty. Seller hereby warrants the following: Should the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary defects of the hips, elbows, eyes and/or heart, the Seller is willing to take the puppy back and replace it with a puppy from another breeding, so long as said diagnoses and request for replacement happen within two (2) years of the animal’s birth date. Reasonable precautions have been taken to prevent this puppy from acquiring hereditary defects of the hips, elbows, eyes and heart. However, due to unknown hereditary and environmental causes of such unknown defects, no guarantee will be given against them. Due to recent research implicating an extraordinarily higher incident of hip dysplasia, elbow dysplasia, hemangiosarcoma and lymphosarcoma in golden retrievers that have been spayed or neutered this limited warranty is null and void if the puppy is spayed or neutered at anytime within the first 18 months, unless expressed written permission is granted by seller at seller's discretion PRIOR to spay/neuter procedure is performed. Buyer(s) initials: This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement. Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited (pet) Warranty. ***All Veterinarian fees and expenses shall be the responsibility of the Buyer(s). Under no circumstances shall Shadymist Kennel be held responsible for any expenses for any puppy not in the possession of Shadymist Kennel.

Seller’s Limited Warranty. In connection with the Facility constructed by Seller hereby hereunder, Seller warrants that such improvements and fixtures shall be of good workmanship and material, all of which shall be subject to Seller’s Warranty as hereinbelow described. At Closing all assignable equipment and appliance warranties on Manufacturer Equipment (defined below) shall be assigned by Seller to Buyer. Additionally, once Seller’s warranty provided for herein has expired, Seller shall assign all written and implied warranties from subcontractors and material suppliers to Buyer, without recourse on or representation by Seller of any kind. Except as otherwise provided for herein, as its sole and exclusive obligation to Buyer after Closing, Seller agrees for a period of twelve (12) months [and twenty-four (24) months with respect to the following: Should roof, foundation, structural support elements, and Covered Leaks (as defined below)] following Substantial Completion (the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary “Warranty Period”) to repair and correct any latent defects in construction of the hipsFacility, elbows, eyes and/or heart, excepting only equipment that is incorporated into the Seller work and that is willing to take the puppy back and replace it with a puppy from another breeding, so long (as said diagnoses and request for replacement happen within two (2) years of the animaldate of installation) covered by any type of warranty from the equipment manufacturer (“Manufacturer Equipment”). The repair obligation of Seller under the preceding sentence is herein called the “Seller’s birth dateWarranty”). Reasonable precautions Except as otherwise provided herein, Seller agrees following receipt of written notice from Buyer identifying the specific defects with reasonable particularity to make or have made all repairs and correct all defects, within a commercially reasonable time of receipt of such notice of defect. Without limiting any of the foregoing, upon receipt of such notice of defect from Buyer, Seller’s Warranty shall require that Seller make necessary repairs during the applicable Warranty Period so as to cause the Facility to be watertight and leakproof in all material respects at every point and in every area, this provision being intended to refer to watertightness and leakproof from the elements in regard to the roof and enclosing walls, not as to pipe leakage, condensation from humidity, or floodwater), except where leaks can be attributed to damage by external forces beyond Seller's control such as (i) extreme weather that is sufficient to cause a casualty, and (ii) negligence or abuse by Buyer, its employees, agents, contractors, servants, invitees or licensees, including any entry onto the roof by Buyer or its personnel or contractors (such leaks covered by Seller’s Warranty being herein called “Covered Leaks”). Upon receipt of written notice from Buyer during the Warranty Period of the existence of Covered Leaks, and if in fact such Covered Leaks have occurred or are occurring, Seller will proceed with commercially reasonable diligence to determine the source of water penetration and, at Seller's own expense, do any work necessary to make the Facility watertight in respect to Covered Leaks. Seller, at its own expense, shall also repair or replace any other damaged finishes, fixtures (excluding Buyer trade fixtures) and Seller installed elements of the Premises damaged as a result of Covered Leaks, to return the Facility to its original condition (but subject to ordinary wear and tear), but Seller shall not be responsible for repairs or damage to any personal property or trade fixtures of Buyer, Buyer hereby waiving any claims against Seller for damage or loss to its personal property and trade fixtures (or other installations) to the extent the same could have been taken to prevent this puppy from acquiring hereditary defects insured against under a Causes of the hipsLoss – Special Form policy of property insurance covering such items for their full replacement cost, elbows, eyes and heart. However, unless such damage or loss is due to unknown hereditary and environmental causes the gross negligence or willful misconduct of such unknown defectsSeller or BUYER’S REPRESENTATIVE’S INITIALS: ________ SELLER’S REPRESENTATTIVE’S INITIALS: ________ JAP\403752-8 (From 403592-1\July 06 FORM) XXXXXXX MONEY CONTRACT FOR DESIGN/BUILD PROJECT (2.274 Acres, no guarantee will be given against them. Due to recent research implicating an extraordinarily higher incident of hip dysplasiaXxxxx Xxxxxx Xxxxx, elbow dysplasiaXxxxxxx, hemangiosarcoma and lymphosarcoma in golden retrievers that have been spayed or neutered this limited warranty is null and void if the puppy is spayed or neutered at anytime within the first 18 months, unless expressed written permission is granted by seller at seller's discretion PRIOR to spay/neuter procedure is performed. Buyer(sXxxxx) initials: This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement. Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited (pet) Warranty. ***All Veterinarian fees and expenses shall be the responsibility of the Buyer(s). Under no circumstances shall Shadymist Kennel be held responsible for any expenses for any puppy not in the possession of Shadymist Kennelsubcontractors or material suppliers.

Seller’s Limited Warranty. Seller hereby warrants the following: Should the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary defects of the hips, elbows, eyes and/or heart, the Seller is willing to take the puppy back and replace it with a puppy from another breeding, so long as said diagnoses and request for replacement happen within two (2) years of the animal’s birth date. Reasonable precautions have been taken to prevent this puppy from acquiring hereditary defects of the hips, elbows, eyes and heart. However, due to unknown hereditary and environmental causes of such unknown defects, no guarantee will be given against them. Due to recent research implicating an extraordinarily higher incident of hip dysplasia, elbow dysplasia, hemangiosarcoma hemagiosarcoma and lymphosarcoma in golden retrievers that have been spayed or neutered this limited warranty is null and void if the puppy is spayed or neutered at anytime within the first 18 months, unless expressed written permission is granted by seller at seller's discretion PRIOR to spay/neuter procedure is performed. Buyer(s) initials: This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement. Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited (pet) Warranty. ***All Veterinarian fees and expenses shall be the responsibility of the Buyer(s). Under no circumstances shall Shadymist Kennel be held responsible for any expenses for any puppy not in the possession of Shadymist Kennel.

Seller’s Limited Warranty. Seller hereby warrants the following: Should the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary defects of the hips, elbows, eyes and/or heart, the Seller is willing to take the puppy back and replace it with a puppy from another breeding, so long as said diagnoses and request for replacement happen within two (2) years of the animal’s birth date. Reasonable precautions have been taken to prevent this puppy from acquiring hereditary defects of the hips, elbows, eyes and heart. However, due to unknown hereditary and environmental causes of such unknown defects, no guarantee will be given against them. Due to recent research implicating an extraordinarily higher incident of hip dysplasia, elbow dysplasia, hemangiosarcoma and lymphosarcoma in golden retrievers that have been spayed or neutered this limited warranty is null and void if the puppy is spayed or neutered at anytime within the first 18 months, unless expressed written permission is granted by seller at seller's discretion PRIOR to spay/neuter procedure is performed. Buyer(s) initials: This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement. Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited (pet) Warranty. ***All Veterinarian fees and expenses shall be the responsibility of the Buyer(s). Under no circumstances shall Shadymist Kennel be held responsible for any expenses for any puppy not in the possession of Shadymist Kennel, LLC without exception. THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE BUYER(s): The Buyer(s) Agree(s) to the following: Examination. The purchased puppy will be examined by a licensed Veterinarian within 72 hours of receipt. Proof of examination within 72 hours of receipt shall be provided to Seller, at Seller’s request, should Buyer request any adjustment of price or seek an exchange. If the puppy is returned due to illness (other than a hereditary defect(s) as stated in Seller’s limited warranty, above or parasites as puppies will often need multiple treatments against parasites from birth and throughout the first 4 months of age), a verified letter specifically addressing the purported illness is required from the veterinarian. This includes death or illness from any health condition deemed present prior to removal from Shadymist Kennel premises.