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Health Guarantee

Here at Western blue eyes, we strive to be the BEST.
 

We do EVERYTHING in our power to ensure that all of our kittens are healthy and happy!!
 

We genuinely love every baby that we have here.
 

We follow a strict protocol to make sure every kitten gets what they need to be started off the right way!

Here at Western blue eyes, we have executed everything possible to make sure your new furever kitten is healthy and happy when he or she goes to his new home! We would love to guarantee against all forces of nature and manner of illness, unfortunately, that can't always happen and sometimes “Life” interferes. Our comprehensive health guarantee has you covered if a health issue should arise. You can be comfortable knowing that we have health checkpoints that we follow closely to ensure a healthy and happy kitten! When choosing to bring your new kitten into your home, you (the buyer) are going to need to make a financial commitment to providing your new kitten with all of the essentials they will require. This includes frequent veterinarian visits to keep your kitten up to date on all vaccinations.

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​BUYER’S OBLIGATIONS

  • Failure to comply with any of these terms of ownership will result in this health guarantee becoming null and void 

  • Veterinary Care - One of the cornerstones of good health for your kittens is regular veterinary care. Upon receiving your kitten, you must take your kitten in for a wellness exam by a licensed veterinarian within seven (7) calendar days. We provide you with a kitten exam form for your vet to fill out. This needs to be returned to us within 2 days of their appointment. 

  • No Vaccines for 10 Days - Since your kitten will arrive up to date on all vaccinations you should not have it vaccinated within the first ten (10) days to avoid over-vaccination.

  • Pet Only - All of our kittens are sold as pets first and foremost. It is your choice if you want to breed your pet or de-sex. We do not guarantee breeding ability.

  • Feeding - It is understood that you will free-feed your kitten for at least the first 2 weeks of them coming home. One bowl hard, One bowl of hard food with water left out 24/7 for them. 

  • Our Kittens are 100% safe, secure, and guaranteed to be in good health and free from any signs of infection at the time we ship them to you. We take pride in saying that our relationship with you doesn't end once you take home a kitten from us. As a family of breeders and experienced kitten counselors, we would wish to believe that nothing can ever go wrong with our Kittens. However, some things are not always in our control because a kitten’s health depends on many things like genetics, exercise, nourishment, and overall daily care.

  • Rehoming - In the event you are no longer able to care for and/or provide a safe home environment for the kitten you agree and understand that the kitten will be returned to us for rehoming. The buyer is responsible for returning shipping costs.

What is covered?

  • Should a health issue arise after your kitten comes home, this Health Guarantee has you covered. This Guarantee is non-transferable and only the original purchaser of the kitten can file a claim. 

  • First 7 Days - In the event your kitten is found to have a life-threatening illness, contagious or infectious disease within the first seven (7) days of arrival, reimbursement will be provided for fair and reasonable documented veterinary expenses for medical treatment up to the original purchase price of your kitten. If a parasite is found within the first 7 days of arrival, reimbursement will be provided for fair and reasonable documented veterinary expenses for the cost of the medication only. 

  • First Year - If, before your kitten's first birthday, two (2) duly licensed doctors of veterinary medicine (DVM) diagnose a hereditary or congenital disorder that is interfering with the kitten's ability to lead a normal life, the purchaser will receive a replacement kitten of equivalent value or reimbursement for fair and reasonable documented veterinary expenses for medical treatment undertaken to remedy the condition up to the original purchase price of your kitten. A veterinarian's written report must be provided to us within 5 days of the first diagnosis and before any treatment for this guarantee to be valid. Transportation to or from the seller for a replacement kitten is at the expense of the buyer. 

What is not covered?

  • Costs of raising/owning a kitten include but are 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).

  • Injury or illness due to any intentional, neglectful, or preventable act including but not limited to ingestion of foreign objects, cruciate ligament (CL, CCL, ACL) injuries, chipped teeth, car-related injuries, bug bites, etc.

  • Elective/cosmetic/preventive procedures, tail docking, ear crop, dew claw removal, microchipping, ear cleaning, teeth cleaning

  • Behavior, Behavior modification training therapy medications for behavioral modification including potty training, chewing, digging, etc

  • General appearance, size, weight, or other physical characteristics differing from breed standards or aesthetic preferences

  • Hip dysplasia diagnosis in breeds that are prone to hip dysplasia and considered overweight or over-exercised

  • Illness/contagious /infectious disease  or parasite that is diagnosed more than seven (7) days after your KITTEN arrival

  • Fees related to the professional opinion of a veterinarian include but are not limited to office visit fees, exams, medical progress exams, rechecks, consultations, specialist consults, emergency exams, office calls, etc. 

  • Hiatal perineal diaphragmatic inguinal umbilical hernias, Cancer of any type, coronavirus, X-ray results of genetic testing health/breed.

How to file a claim

  • If there is any concern with the health of your kitten, you should contact us immediately. Include a copy of the medical records related to your kitten's diagnosis so that we can review them. An official diagnosis in writing is required from the veterinarian. We will work with you to help you obtain any information needed to review the claim. Once we have received all requested information regarding the diagnosis and related veterinary expenses we will review your claim to determine how the Health Guarantee can support you and your kitten. During the claim review process, the breeder reserves the right at any time to obtain an additional opinion from a veterinarian or specialist of our choosing. In certain conditions or diagnoses, the buyer understands that a specialist may be required for proper diagnosis. In the unfortunate event that your kitten passes away, an autopsy report stating the cause of death may be required.

Breach

  • Buyer understands and agrees that the following actions will result in a breach of contract thereby, causing this Guarantee to be null and void. 

  • Buyer Obligations, Legal Action taken by Buyer against Breeder 

  • Chargebacks of any kind. This constitutes FRAUD and thus the Buyer will be criminally prosecuted and sued. 

  • Defamation, Libel, and/or Slander of any kind against the Breeder. The breeder will be awarded $2500 for each proven disparaging statement.

  • 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 BUYER'S INTERACTION WITH OR RELATIONSHIP WITH PETPAY, SHALL BE BINDING ARBITRATION ADMINISTERED BY AUSTRALIAN 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 Western blue eyes, 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 Western blue eyes; 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 and Western blue eyes, hereby agree 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 Western blue eyes, agree otherwise in writing, the arbitration shall be: (i) administered by the Australian Arbitration Association ("AAA"), under 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, BUYERS AND Western blue eyes, ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS THE BUYER AND Western blue eyes 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 Western blue eyes each are responsible for their respective costs relating to counsel, experts, and witnesses. Shall judgment rule in favor of Western blue eyes, Buyer agrees to pay respective costs accrued by Western blue eyes relating to court costs, counsel, experts, and witnesses.

  • This arbitration agreement does not preclude the Buyer or Western blue eyes 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 Western blue eyes fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorney's fees incurred by the other party in enforcing compliance with the arbitration agreement.

  • 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. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Western blue eyes (except for small-claims court actions) may be commenced only in the federal or state courts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

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