Breeder/Kennel Terms & Conditions
Breeder/Kennel Terms and Conditions
Please read the Vendor Terms and Conditions ("Terms", "Terms and Conditions") carefully before purchasing products from the Vendor via this website (the "Service") operated by World Wide Puppies Inc. ("us", "we", or "our").
By submitting the order you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") you are responsible for.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
Welcome to WorldWidePuppies.com, World Wide Puppies Inc. (WWP) and its related content site(s), breeder site(s) and other sites in the World Wide Puppies family (collectively referred to as the "Site" or "Sites"). By accessing and listing puppies on the Site, you agree to the following conditions. This Breeder Agreement is between you, the "Breeder," and World Wide Puppies Inc. (“WWP”) worldwidepuppies.com, its subsidiaries, joint ventures, and/or affiliates.
1. USING THE SITES
WWP may limit or terminate any Breeder's listing, remove or limit any hosted content, or take any actions reasonably deemed necessary to prevent Breeder from accessing or posting on the Sites, including, but not limited to, suspicion that a Breeder is acting inappropriately or has violated this Breeder Agreement, the terms and conditions of any applicable site or program, or the spirit of any of such agreements, policies, or verbal agreements made between the Breeder and WWP.
2. BREEDER POSTING RESPONSIBILITIES
- All Breeders agree to the following general terms and conditions when listing a puppy on the Site for sale
- Each listing posted shall contain information regarding one puppy only.
- Each puppy listed on the Site shall be given a name unique to the Site and that name shall not be used to advertise the puppy anywhere else (e.g. other websites, print media, your personal website, classifieds, or any other means or location of advertising).
- Photographs of the advertised puppy and its parents shall be submitted and a new photo of the puppy shall be submitted every 7-10 days. Any such photographs submitted shall be unique to the Site and shall not be used to advertise the puppy anywhere else (e.g. other websites, print media, your personal website, classifieds, or any other means or location of advertising).
- Breeder contact information shall be kept up-to-date by the Breeder at all times.
- Each information request made by WWP shall be answered fully, completely, and in a timely manner.
- Breeder must notify WWP immediately when a puppy listed on the Site has been sold by doing the following: If a computer is available, log into the Site, Go to your admin panel and mark the puppy as sold.
- Breeders may advertise puppies on classified ad sites as well as their own direct websites where customers call and transact directly with Breeders to pay for and receive their puppies. These sites are not considered websites providing services similar to WWP and may be utilized by Breeders subject to provision 2 and 3 in this section above. All Breeders agree, during the term of this Breeder Agreement, not to directly or indirectly sell or post their advertised puppy(s) on any website providing similar services for breeders as those provided by WWP. Such services provided by WWP include but are not limited to advertising Breeders' puppies, purchasing puppies from Breeders, and selling such puppies to retail purchasers (each a "Purchaser"), corresponding and coordinating with Breeders and Purchasers for the travel and delivery of puppies, and obtaining and reviewing all health records related to each puppy both before and after the puppy has been delivered to Purchasers. Breeder must comply with the standards set forth during the screening call that you have with WWP, any phone or email correspondence that we may have with you, or any other breeder standards as discussed with and set forth by WWP as such may be updated or supplemented from time to time, including, but not limited to restrictions, guidelines or requirements related to care for the puppies, kennel safety and standards, licensing, requirements to supply photos, etc. Breeders must make their breeding facility available for inspection at least annually by a WWP representative upon reasonable notice. Breeders must provide WORLD WIDE PUPPIES INC. with any USDA inspection report issued to the breeder or regarding the breeder facility within 10 days of such report being issued.
3. HEALTH GUARANTEE
Breeder agrees to be solely and fully responsible for complying with the WWP health guarantee during the first year after sale for any puppy which is sold on the Site to a Purchaser. By listing a puppy on the Site, the Breeder hereby agrees to reimburse WP for any amounts paid to the Worldwidepuppies.com Purchaser under the following unconditional health guarantee which begins from the time the Purchaser purchases the puppy from WWP, its affiliates and subsidiaries. Such health guarantee is in addition to any Breeder obligations in connection with federal, state or local requirements to which each puppy's sale may be subject and which each Breeder hereby commits to WWP that it will comply with at all times.
- HEALTH GUARANTEE
- 1 If, within 3 days following the DELIVERY, a veterinary examination by a licensed veterinarian of the Purchaser's choosing indicates that the puppy, at the time of sale, suffered from an illness or disease, the presence of symptoms of a contagious or infectious disease including but not limited to parvovirus, or the presence of internal or external parasites, excluding fleas and ticks; or within one year following the sale of the puppy, a licensed veterinarian of the Purchaser's choosing certifies that the puppy suffers from a congenital or hereditary disorder including but not limited to Patellar Luxation, Hip Dysplasia, Under and/or Overbites, or Heart Murmur, which adversely affects the health of the animal; or if within one year following the sale of the puppy, the breed, sex or health of the puppy is found to have been misrepresented to the Purchaser, the Breeder agrees to afford WWP and its Purchasers the following options: a The right to return the puppy and receive a refund of the purchase price, including applicable sales tax, and reimbursement for shipping costs and reasonable veterinary costs, including any necessary emergency services and treatment to relieve suffering and those directly related to the veterinarian's examination and certification that the puppy was unfit for purchase; OR
- Afford the Purchaser the right to retain the puppy and receive reimbursement for reasonable veterinary costs, including any necessary emergency services, treatment to relieve suffering, treatment related to the attempt to cure or the curing of the puppy and those directly related to the veterinarian's examination and certification that the puppy was unfit for purchase. 2 The Breeder's reimbursement liability to WWP for reasonable veterinary costs will not exceed the greater of the purchase price WWP paid the Breeder for the puppy and the requirements of federal, state or local law. The cost of veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the certification by the veterinarian.
- VACCINATIONS AND HEALTH REQUIREMENTS
- All puppies placed on the Site must be up-to-date on all vaccinations and anthelmintics (dewormers) per AAHA standards to prevent diseases and internal parasites including but not limited to: Canine distemper, Leptospirosis, Bordatella, Parainfluenza, Hepatitis, Canine Parvovirus, Rabies (provided the dog is over three months of age and the inoculation is administered by a licensed veterinarian), Roundworms and Hookworms. 1 All up-to-date vaccinations must be completed three or more days prior to shipping.
- No puppy should be given a nasal Bordetella vaccination during the four-day period prior to departure.
- As a preventative measure against stress-related Coccidia flare-ups, we suggest that you administer Albon for each of the three days prior to shipping.
- To help prevent hypoglycemia in small breeds, you must administer a sugar supplement such as Nutri-Cal for each of the two days prior to shipping and at least once immediately before departure.
- A fecal floatation exam is required with a negative result prior to shipping. This report, a current Health Certificate, and WWP’s Veterinary Report Form (signed by both the Breeder and an approved, licensed veterinarian) must be EMAILED to healthreports@worldwidepuppies prior to departure.
- If a positive fecal result is found or any abnormalities are noted by the veterinarian, the Breeder must notify WWP immediately and, in all cases, before the puppy is allowed to be shipped.
7 No puppy shall be released by the Breeder until it is at least 8 weeks old. No puppy weighing less than two pounds shall be released by the Breeder until it is at least 12 weeks old. Should your licensed veterinarian provide advice or suggest services that are inconsistent with any of the above requirements, please advise WWP immediately so that WWP can assist you in determining an appropriate course of action.
5. HEALTH CERTIFICATE
The Breeder at his/her sole expense shall obtain a current official certificate of veterinary inspection for each puppy prior to shipping. Such certificate shall be in compliance with applicable airline shipping obligations and applicable law. The term "official certificate of veterinary inspection" means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture that shows the age, sex, breed, color, and health record of the puppy, the printed or typed names and addresses of the person (breeder) from whom the animal was obtained, the seller, the purchaser, and the examining veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the puppy, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis, giardia, ear mites, fleas and ticks. The examination must include, among other things, a fecal floatation test to determine if the puppy is free of internal parasites, including coccidia, hookworms, roundworms, tapeworms, and whipworms.
6. REGISTRATION CERTIFICATES
Breeder agrees that all purebred parents of puppies listed on the Site are registered and shall provide the registration numbers of each such sire or dam to WWP. The Breeder shall keep a copy of all registration applications for puppies listed on the Site on file. The Breeder at its sole expense shall provide to WWP and, upon demand, to the Purchaser, any and all registration papers as listed on the Site by the Breeder mailed within 24 hours of puppy delivery to the Purchaser. In the event that the Breeder fails to deliver certificates as described in the Breeder's ad within the time frame set forth herein, the Breeder hereby agrees to pay to WWP an amount equal to the purchase price paid by the Purchaser to WWP (for the avoidance of doubt, this does not mean the purchase price paid by WWP to the Breeder). The Breeder and WWP hereby deem such amount to be appropriate liquidated damages, which the parties agree is a fair and equitable amount for damages as it would be impossible to compute the as the exact extent of damages sustained by Breeder's breach is not calculable. Furthermore, for each puppy sold through Worldwidepuppies.com, Breeder grants permission to WWP and the Purchaser to take all actions appropriate to confirm the new ownership of the puppy with the appropriate dog registry.
7. SHIPPING REQUIREMENT
All puppies placed on the Site require that the Breeder ship the puppy to the WWP Purchaser or, in certain instances, Breeders may be approved to participate in the WWP travel program, in which case WWP may agree to ship the puppy for the Breeder. If the Breeder is shipping the puppy, the Site will bundle the cost of travel into other services it provides and pay a shipping fee to the Breeder. The Breeder agrees to fully cooperate with WWP’s arrangements in shipping the puppy to the Purchaser as directed, subject only, in the case of Breeder-arranged shipping, to the payment to Breeder of the shipping fee. Breeder agrees to provide each Purchaser at least a fourteen day window to receive the puppy at no additional cost to WWP or the Purchaser.
8. CODE OF ETHICS
All breeders must abide by the World Wide Puppies Code of Ethics –
- World Wide Puppies Inc. CODE OF ETHICS
- I will maintain a safe, clean and sanitary facility for all pets.
- I will comply with all federal, state and local laws and regulations concerning the keeping of dogs that I breed and their offspring.
- I will breed only for the purpose of improving the quality of the breed.
- I will conscientiously plan each litter of pets for sale by carefully selecting a sire and dam to be mated based on their pedigrees, conformation, and temperament.
- I will not breed any sire or dam until they are both physically and mentally mature enough to breed.
- I will not continue to breed any sire or dam beyond the appropriate age for the breed.
- I will be knowledgeable about inherited health problems in my breed and will secure appropriate health clearances on all breeding animals.
- I will not knowingly misrepresent the characteristics of the breed, nor falsely advertise, or mislead any person regarding the performance of any dogs for sale.
- I will not release any puppy until it is at least 8 weeks old and I will not release any puppy weighing less than two pounds until it is at least 12 weeks old even if my state or local government allows me to do so.
- I will keep accurate records and retain those records for a minimum of five years. These records will include: stud services, pedigrees, registrations, all litters of dogs for sale, and all dogs sold.
- I will provide all new dog owners with appropriate health certificates, vaccination records, and registration information within 24 hours of puppy delivery.
- I will not contact, directly or indirectly, or attempt to sell any goods, services, or puppies to any WWP Purchaser.
- I have not been criminally convicted for nor am I under investigation for any offense related to animal cruelty or negligence, nor have I been denied any local, state, or federal license related to the breeding or sale of animals.
- I understand that WWP sells puppies for companionship purposes. But I will give full rights to all customer’s that purchase thru WWP. Unless puppy has been neutered /spayed. Puppies will be listed as such or Full Registration is required. I will comply with all rules and regulations of WWP including, without limitation, meeting and exceeding all of its standards and guidelines.
Worldwidepuppies.com treats information as an asset that must be protected and use tools to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although WWP works hard to protect your privacy, it does not promise, and you should not expect that your personal information or private communications will always remain private.
10. LICENSE AND SITE ACCESS
WWP grants you a limited license to access and make personal use of this Site and not to download (other than page caching), or modify, any portion of it, except with express written consent of WWP. The Site, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of WWP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WWP without express written consent. You may not use any meta tags or any other "hidden text" utilizing WWP’S name or trademarks without the express written consent of WWP’s Any unauthorized use terminates the permission or license granted by WWP. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the Store on Worldwidepuppies.com so long as the link does not portray WWP, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use WWP logo or other proprietary graphic or trademark as part of the link without express written permission.
Breeder agrees that the information provided to it by WWP, including, but not limited to pricing information (e.g. the price paid by Purchaser(s), the amount paid to Breeder, the amount retained by WWP), aggregate or individual puppy sales data and statistics, pages of any breeder-facing websites, Site metrics and reports, puppy sale, travel or other transaction details, information regarding or related to other breeders or purchasers in the aggregate or individually, business plans or proposals, competitive or market analysis, lobbying goals or plans, and other information about WWP (the "Confidential Information"), is highly confidential. Breeder shall not disclose any Confidential Information or use it for any purpose other than to fulfill its obligations to WWP. Furthermore, Breeder shall make all available efforts to keep such information confidential. The Breeder agrees that its obligations set forth herein are necessary and reasonable in order to protect World Wide Puppies Inc. and its business. Breeder expressly agrees that due to the unique nature of the Confidential Information, monetary damages would be inadequate to compensate for any breach by Breeder of its covenants and agreements related thereto. Accordingly, Breeder agrees and acknowledges that any such violation or threatened violation shall cause irreparable injury to World Wide Puppies Inc. and that, in addition to any other remedies that may be available, in law, in equity or otherwise, WWP shall be entitled (a) to obtain injunctive relief against the threatened breach of this provision or the continuation of any such breach by the Breeder, without the necessity of proving actual damages and (b) given the difficulty of estimating and the expected difficultly WWP would face in proving damages related to any breach of this section of the Agreement, Breeder agrees to pay WWP liquidated damages in an amount equal to the money paid to it by WWP over the preceding twelve (12) months or $25,000 whichever is greater for each breach of this section of the Agreement (the "Liquidated Damages"). WWP and Breeders intend that Breeder's payment of the Liquidated Damages Amount would serve to compensate WWP for any breach by Breeder of its obligations under this section, and they do not intend for it to serve as punishment for any such breach by Breeder.
12. AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION
- 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 You and PuppySpot, 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 Your relationship with WWP; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
- You and WWP 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 You and WWP 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, YOU AND WWP ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND PURCHASER 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.
- You and WWP each are responsible for their respective costs relating to counsel, experts, and witnesses.
- This arbitration agreement does not preclude You or WWP 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 You or WWP fail 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 Orange County, Florida, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any Dispute in Small Claims Court in Orange County in the State of Florida. If your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Orange. However, if you initiate a Small Claims case, you are responsible for all your court costs.
i 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 WWP (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
13. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY & MISCELLANEOUS
These terms and other policies posted on Worldwidepuppies.com constitute the entire agreement between WWP and you, the Breeder, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of Florida, without regard to conflict of law provisions. The Breeder agrees to indemnify and hold WWP (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, law suit, expense or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. If WWP does not enforce any particular provision, it is not waiving its right to do so later. If a court strikes any of these terms, the remaining terms will survive. WWP may automatically assign this agreement in its sole discretion by providing you with notice via the email address that you provide or by US Mail to the address you provide. WWP may update these terms at any time, with updates taking effect 10 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by Breeder and WWP.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WWP, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO WWP IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.
When you visit the Site, send e-mails to WWP, and / or complete registration applications for the listing of puppies, you are communicating with WWP electronically. You consent to receive communications from WWP electronically. WWP will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that WWP provides to you electronically satisfy any legal requirement that such communication be in writing.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WWP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WWP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWP DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVICES; OR E-MAIL SENT FROM WWP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.