THIS AGREEMENT between
____________________________________ (Buyers) and (Seller) is effective as
of the date of the last signature to appear below and is binding upon all
parties thereto. Buyer(s) agree to buy and Seller agrees to
sell the below described cat/kitten pursuant to all of the following
terms:
BIRTHDATE:
DESCRIPT/COLOR:
Sex:
SIRE:
DAM:
NAME:
PURCHASE PRICE:
REG. # PendingFOR THE FOLLOWING
TERMS:
SPAY/NEUTER AGREEMENT:
CAT/KITTEN IS PURCHASED FOR COMPANION BREEDING_____unless
purchasing a breeder, buyer agrees to spay or neuter this cat by 6 months
of age. If not altered by one year, then buyer agrees to pay the
additional price of______ as this would constitute the sale price of a
breeding animal. If cat/kitten is purchased as a companion, Seller
will send Reg. papers to Buyer when Seller has received written receipt of
CERT. OF ALTERATION by a licensed veterinarian.
HEALTH GUARANTEE:
Seller will provide vaccination record to buyer
and guarantees the health of said cat/kitten for three business days
against kitten viruses from the date it leaves the possession of the
Seller. When said cat/kitten leaves our cattery, to the best of our
knowledge, it is in healthy condition. However, in the event that
said cat/kitten should be diagnosed with a medical problem that can be
cured, this would not qualify for a replacement. If you have other
cats, we recommend that you place your new arrival in quarantine for a
period not less than 2 weeks. We recommend that you take the
cat/kitten to your own veterinarian (at Buyer's expense) within the first
3 business days for your own satisfaction and protection. You, or
your veterinarian, shall report to Seller any medical problem within the
guarantee period. If the cat/kitten is found to have a medical
problem within the guarantee period, it must be reported to the Seller
within twenty-four (24) hours of its discovery. Failure to make this
report within this time frame will void this warranty.
REFUNDS AND REPLACEMENTS AND EXPENSES:
There shall be no refunds of purchase price, shipping
charges or other costs. There shall be replacement of the cat/kitten
only under the circumstances provided below.
- If the cat/kitten is found to be in unsound health
with life threatening incurable diseases or viruses by a licensed
veterinarian within 3 business days, the cat/kitten shall be returned to
Seller or euthanized upon approval of seller unless seller authorizes
other options. Then Buyer may request replacement with another
cat/kitten of equal value. Said replacement will be made as soon
as a suitable replacement becomes available. A medical report
signed by the examining veterinarian must be provided to the Seller
prior to a replacement being made. There shall be no replacement
unless under the Health Guarantee period only or except as stated
below). The Seller will not replace any cat or kitten that has not
received adequate and appropriate care from its new owner. It is
the responsibility of the Buyer to provide immediate veterinary care (at
the Buyer's own expense) to any cat/kitten showing signs of illness or
distress and failure to do so will render any guarantee null and void.
Under no circumstance is a cat or kitten to be destroyed prior to
notification by the Buyer to the Seller. "Unsound health" shall be
defined as any condition, which is "life threatening" or "incurable",
and shall not include curable conditions such as but not limited to
infections, upper respiratory virus, bacterial infections, parasites or
skin rashes.
- Should the cat/kitten die within One year of
cat/kittens birthday as a direct result of an unknown (at the time of
sale) congenital birth defect, said cat/kitten will be replaced only if
an appropriate autopsy is performed by a licensed veterinarian and a
veterinarian's certificate is provided as proof of cause of death.
Trauma, abuse or neglect will void the guarantee.
- If kitten is being purchased as a companion (limited
registration) if purchasing a male, there are no guarantees that the
testicles will drop. If that is a concern to buyer then inform
seller and seller will inform buyer if testicles are down at the time
buyer chooses kitten. At that time buyer can choose another kitten
or wait for a kitten from a future litter.
THE BUYER:
Assumes responsibility of all expenses incurred in relation to the
cat/kitten after said cat/kitten leaves the possession of the Seller, as
well as any expense incurred at the request of the Buyer before the
cat/kitten leaves possession of the Seller. If for any reason the
cat/kitten is returned to the Seller, BUYER agrees to pay all expenses,
including shipping costs, mileage and re-examination expense of Seller's
veterinarian. This examination will include a complete 'viral panel'
blood test for FELV, FIP and HIV viruses.
WARRANTY VOID IF FIP VACCINE IS GIVEN:
We do not recommend vaccinating this cat/kitten with the FIP vaccines.
These vaccines are not safe. Reference: Feline Infectious Diseases,
Chapter 7, page Fifty-four, (first column-last paragraph). Written
by Niels C. Pedersen, D.V.M. Ph.D. IF FIP VACCINE IS GIVEN TO THE
CAT/KITTEN AT ANY TIME, THE ENTIRE HEALTH GUARANTEE BECOMES NULL AND VOID.
VACCINATIONS:
Your cat/kitten has had the required vaccination series, excluding FIP
vaccine and FELV vaccine. We do not recommend the FELV vaccine,
however, if there are special circumstances in your household, i.e. an
indoor/outdoor cat that may expose this animal to the disease or a cat
already in the household that is positive for Feline Leukemia, vaccinating
for FELV (Feline Leukemia vaccine) may be done if your veterinarian
recommends it.
SHIPPING:
The cat, if shipped, comes to you with a veterinarian's health certificate
and a record of vaccinations except if shipped to the state of California,
than health certificate is optional. Cat/kitten must be shipped
'Prepaid'. Shipping costs will include all cost incurred by the
Seller including but not limited to carrier, health certificate, Airline
cost, etc. Specific shipping arrangements will be determined in
advance and confirmed to Buyer by Seller, with the cats/kitten's best
welfare in mind. This signed agreement must be returned prior to
cat/kitten being shipped.
HOLDING FEES:
A holding fee is placed to hold a particular kitten or a
particular order in which to choose a kitten (1st pick, 2nd pick, etc.)
for a buyer. All holding fees are non-refundable. The goal of
our cattery is to place our kittens in loving homes in a timely manner so
they may bond with their new family. If a kitten or a place in line
is held specifically for a buyer, a change of mind can quite often
jeopardize the chance for that particular kitten to be placed in a home
while still at a desirable age or cause the seller to loose a particular
buyer because the prospective buyer was unable to be high up on the list
in-order for choosing a kitten. The minimum required amount is Two
Hundred Dollars ($200.00). The Buyer must choose their kitten before
the age of 6 weeks or apply the holding fee towards a kitten from a future
litter. If the buyer chooses to except said cat/kitten, the sale of
said cat/kitten is consummated and the holding fee $200 will apply to that
kitten only and will not apply to the purchase of any other cat/kitten.
In the event that Buyer decides not to purchase a cat/kitten after giving
seller a holding fee, the $200 holding fee would be used to cover the
non-specific expenses that the seller incurs in order to resell the
cat/kitten. The balance for cat/kitten is due in full when the
kitten turns 12 weeks or when the buyer takes possession of said
cat/kitten, which ever comes first unless cat/kitten is being shipped then
payment is due in full 1 week prior to shipping.
Each cat/kitten will differ in the time needed to bond
with its new family. Please give the cat/kitten ample time to
adjust, especially if the cat/kitten has been shipped. A period of
two to four weeks should be the very least amount of time allowed the
cat/kitten for an adjustment period, and longer if this is an adult cat or
there are children in the house. Please give your new friend and
family member a chance to bond with you and its new surroundings.
Your new cat/kitten needs to feel safe and secure for its unique
individual personality to surface.
THE BUYER:
Becomes the owner of said cat/kitten upon Seller's receipt of 'Payment in Full'.
The cat/kitten will be cared for by the Seller until the arranged shipping date
or until Buyer is able to take possession of cat/kitten. This period of
care is not to exceed fourteen (14) days from date of sale unless otherwise
agreed to by Seller. In the event this exceeds the time period stated,
Buyer agrees to pay board on said cat/kitten at a boarding charge of five
dollars ($5.00) per day. Boarding charges are to be paid in full prior to
shipping or release of said cat/kitten.
BREEDING ANIMALS:
Only cats purchased as a breeder will be guaranteed for both testicles to
descend. Said cat cannot have been bred and must be returned to seller at
buyers expense before replacement kitten will be provided and only when suitable
replacement becomes available. Breeder also does not guarantee the
size of said cat at maturity, whether purchased for breeding, show exhibition or
as a companion.
HOUSING, CARE AND TRANSFER TO THIRD PARTY:
Buyer agrees that this cat/kitten will be kept indoors and not allowed to roam
freely outside. Under no circumstances will this cat/kitten be sent to a
shelter or otherwise disposed of, nor shall this cat/kitten be sold, leased or
given away to any pet shop, research laboratory or similar facility. If
Buyer wishes to resell this cat/kitten or becomes unable, or no longer desires
to care for this cat/kitten, Buyer must give Seller first right of refusal to
purchase said cat/kitten or return cat to seller at seller expense. Buyer
agrees that Seller has the right to retrieve said cat/kitten if Seller does not
adhere to all provisions of this contract or if cat/kitten is being neglected or
abused.
VENUE:
If Buyer or Seller commences any legal action as a result of this contract,
Buyer agrees that the place of venue for such action shall be Riverside County,
California. Buyer assents to personal jurisdiction within such venue
regardless of their place of residence and agrees that any judgment obtained is
enforceable within the jurisdiction that they reside in as if obtained within
that jurisdiction.
FACSIMILE SIGNATURES:
A facsimile signature shall be enforceable as an original if the original
contract is lost, destroyed or otherwise unavailable.
TERMS:
The use of the terms "cat/kitten" presents the same as the plural cats/kittens,
in the case of more than one cat/kitten being purchased under this sales
agreement.
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