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Please see contact. You may copy and paste if you need to print. I copy of this contract will be provided at time of pick up of your Cat/Kitten. Thank You. Cindy
Health Guarantee / Contract
Date of sale/Contract: __________
Pending delivery date:__________
Date of Birth: ___________
Deposit Amount: _________
Balance Due: _________
This agreement is made and entered into this day of _________ between WhispurHill Cattery, Cindy Haggerty, (hereinafter known as Seller), and _______________, (hereinafter known as the Buyer). This agreement is a transaction pertaining to the above described cat/kitten.
1. Payment In Full. The purchase price will be _____________, plus any shipping charges making a total balance due of ______________. The total amount due must be paid in full prior to the Buyer taking possession of the above described cat/kitten. Once Buyer takes possession of the above described cat/kitten all rights and responsibilities of ownership are the sole responsibility of Buyer (including, but not limited to, veterinarian costs).
2.Deposit and Hold. Buyer has read, understands, and agrees to our deposit and hold policy as described as follows:
Buyer has made a deposit of $200.00 (Two Hundred and no/100 dollars) to reserve the above-described cat/kitten payable in cash, cashiers check or Pay Pal PURFERABLE to firstname.lastname@example.org . At the time of final payment, the deposit amount will be deducted from the price of purchase. If no deposit is made prior to the purchase of said kitten, the normal deposit amount is automatically assessed and assumed within the purchase price of the kitten. This deposit is non-refundable except if Seller cannot provide the above described cat/kitten to Buyer for some unforeseen reason. Deposits are normally transferable to the purchase of another available cat/kitten at the Buyer’s request, with regard to negotiated limitations in writing.
Initial Buyer: ________
3. Balance Due. Payable as above. The balance of the purchase price in the amount of _______ plus any shipping or delivery charges in the amount of ________, must be paid in full as follows: a) If cat/kitten is being shipped, Buyer must make final payment three weeks prior to shipment in the form of credit or debit card, pay pal, personal check, or money order. Funds must clear Seller’s bank three weeks before cat/kitten can be shipped. b) If cat/kitten is being picked-up, Buyer can either make final payment with a credit or debit card, pay pal, personal check, or money order (3) weeks before pending pick-up date or Buyer can make final payment at the time of delivery in the form of cash. Seller will provide a receipt.
4. Limited Twelve Month Warranty Against Hereditary Defects. If within twelve months from the date of delivery, the above described cat/kitten is diagnosed by Buyer’s vet as having a debilitating hereditary defect that in his/her opinion prevents the above cat/kitten from serving Buyer as a companion pet, Seller will provide to Buyer another cat/kitten of the same breed and cost. If cat/kitten dies within one year of purchase due to a hereditary or congenital defect, the Seller will replace the cat/kitten when proof of the defect in the form of a necropsy report from a licensed veterinarian pathologist in addition to appropriate blood work is received by Seller. Seller is not responsible for any vet expenses related to the above cat/kitten including autopsy and blood work expenses or any other vet related expenses incurred during the course of cat/kitten’s life. THERE ARE NO CASH REFUNDS – ONLY KITTEN REPLACEMENTS IN THE FORM OF A MONETARY CREDIT FOR PURCHASE PRICE TO BE APPLIED TOWARD THE PURCHASE OF A REPLACEMENT KITTEN.
5.Health Record. At placement, all WhispurHill Cattery kittens will have had his/her age appropriate vaccinations. This may or may not include the Rabies vaccination due to age. WhispurHill Cattery believes in : Due to studies done at Cornell University by Dr. Perderson where he concluded that FIP vaccinations can potentiate actual FIP. Sadona Farms Cattery does not vaccinate for this and does not guarantee health of purchased kittens if they are vaccinated for these after going to their new homes. New owners are advised to discuss vaccination options with their own veterinarian, but agree that all health guarantees are null and void if this cat is given a FIP vaccine.
Initial Buyer: ________
6.Waiver. Seller gives the consumer two business days (48 hours) from the date of delivery in which to have the cat/kitten examined by a licensed veterinarian of the consumer’s choosing. If the veterinarian certifies that at the time of sale, the cat/kitten was unfit for purchase due to a congenital or hereditary disorder that adversely affects the health of the kitten, seller shall afford consumer the right to choose one of the following options: (a) the right to return the cat/kitten and receive a refund of the purchase price, excluding veterinary costs (b) the right to return the cat/kitten and receive an exchange cat/kitten but not a refund of the veterinary costs. Buyer must present certificate of unfitness to seller within 3 business days after vet’s findings. Any evidence of abuse, neglect, or mishandling releases the Seller from responsibility regarding the cat/kitten and voids the above limited warranty. Seller is not responsible for any contagious diseases and/or parasites diagnosed seven (7) days after delivery of cat/kitten. This waiver does not void Seller’s Limited Warranty.
7. Release of Liability. Seller is not liable for expenses incurred (including medical) due to or as a result of the above cat/kitten’s actions. Seller does not guarantee eye color shade, coat color shade, coat length, size, weight, or personality of cat/kitten. Buyer is aware that Persians as a breed are prone to certain cosmetic disorders such as runny eyes, over bites, under bites, wry bites, and feline acne. These cosmetic issues are not considered “health hazards or problems” that would result in a replacement kitten.
8. Care of Kitten. Buyer agrees that cat/kitten will live indoors at all times. Buyer agrees never to sell cat/kitten for laboratory use. Buyer agrees to provide necessary vaccinations and adequate health care for the life of this cat/kitten. Yearly check-ups and booster vaccinations (including rabies, if required by your veterinarian) are required and should be brought up-to-date on the health record provided to Buyer at the time of purchase. Buyer agrees to feed cat/kitten distilled water and Top Grade Veterinarian Recommended food that excludes fillers, bi-products, and gluten meal, as these products can cause crystals and severe health problems. Buyer agrees that if he/she can no longer care for cat/kitten, the SELLER WILL BE CONTACTED IN AN EFFORT TO HELP FIND A SUITABLE HOME.
9. Caging Limitations. WhispurHill Cattery is a cageless cattery at this time but I may see fit it might be needed in a special circumstance. However, the caging of our cats/kittens is limited to the safety and nutritional needs, as well as the breeding requirements of our cats/kittens. It is imperative that cats be allowed to run and play and spend time with people daily for their happiness, health, and well being. Furthermore, it is agreed between the Buyer and the Seller that the above-mentioned cat /kitten being sold will not be caged other than for the same purposes as the Seller does at Whispur Hill Cattery.
10. Re-homing: In the event that the purchaser wishes to place the above mentioned cat /kitten in a new home, Seller reserves the right of first refusal, and reserves the right to either purchase said cat at no more than original purchase price, or the cat/kitten will need to be spayed/neutered and petted out.
11.Offspring. No offspring will be sold as breeders under any condition. Of course kittens can be held back for your own breeding program as long as the Buyer has purchased breeding rights of said cat/kitten.
12. Physical Location. Above-mentioned cat/kitten must reside with you at your address and cannot be used under any circumstances for stud service.
13. Breeding Limitation. Above-mentioned cat /kitten is not being sold with breeding rights, therefore, purchaser agrees not to breed cat/kitten. Purchaser also agrees to have cat/kitten spayed or neutered, and done so at the earliest time the purchaser’s chosen veterinarian does allow such procedure to be performed in their clinic. (This limitation is / is not void at the time of sale due to the purchase of breeding rights from Seller.)
14. Breeding Success. We cannot guarantee cats to breed as stress, environment, compatibility, and mating position of cats are factors beyond our control.
15. Jurisdiction. It is agreed that this sale is taking place in the State of Indiana, USA, and it is agreed that this contract will be interpreted pursuant to the laws of the State of Indiana, USA. Therefore, any legal issues are to be handled in the court system of Indiana, USA.
Initial Buyer: ________
16. Fraud. Buyer is aware that any attempts to commit the crime of fraud, including filing fraudulent chargeback’s, paying with fraudulent money orders or cashier’s checks, will be reported to the local DA’s office for full prosecution. The buyer’s local police department will be contacted as well.
17.Entire Agreement. This instrument is intended by both Seller and Buyer to be a final expression of their agreement and, as a complete and exclusive statement of its terms. No representations, understandings or agreements, whether verbal or written, have been made or relied upon in the making of this agreement other than those specifically set forth herein. Only an agreement signed by both parties may modify this agreement.
18. Severability. The invalidity, illegality, or unenforceability of any one or more provisions of this agreement shall in no way affect or impair the validity, legality or enforceability of the remaining provisions herein, such provisions shall remain in full force and effect.
19. Remedies. All of Seller's rights hereunder are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall not limit or prejudice any legal or equitable right which Seller may have.
20. Additional Agreement. This contract is made and signed by both parties to ensure the well-being and protection of this cat/kitten. This contract constitutes the full agreement between buyer and seller. No other warranty, verbal or written, is implied. By signing below, both Buyer and Seller agree to all the terms and conditions of this agreement.
Initial Buyer: ________
Seller Signature: __________________________ Date: __________
Buyer Signature:__________________________ Date: __________