1. Buyer shall purchase the kitten from Seller at a price of $_______________to be paid in full at the time of transfer. Seller hereby confirms that Buyer has paid a deposit toward the purchase price in the amount of $______________ on ________________________.
2. There are no guarantees either expressed or implied except as stated below.
3. Seller shall transfer the kitten to Buyer on or after ______________________________.
4. Cats sold as pets will not be shown in competition without permission of the breeder.
5. There are no refunds. No exceptions.
II. COVENANTS AND AGREEMENTS
Buyer hereby agrees to the following additional terms of sale:
1. The kitten/cat that is the subject of this contract shall not be sold, leased or transferred to any animal shelter, pet shop, research laboratory or similar facility, nor should it be abandoned. It is the intention of the Seller that this is a "PERMANENT PLACEMENT". If the Buyer cannot keep this cat for any reason, Seller is given the right of first refusal at no cost to the Seller. If Seller chooses not to reclaim this cat, it is the responsibility of the Buyer to place the cat in an EXCELLENT home that is mutually agreed upon with the Seller, under the same conditions as stated in this contract. Seller will help the Buyer in finding a new home if necessary. Seller must be notified of new pet home, address and phone number. Also, if Buyer has to move, the Seller must be notified of the new address and telephone number of Buyer, within thirty days (30) of initial move. Buyer shall provide Seller with the name(s), address(es), and phone number(s) of any veterinarians or other professionals who have at any time cared for and/or treated the kitten that is the subject of this contract. This is required in order for Seller to do periodic general health checks on said cat to ensure the cat is being properly cared for.
2. Buyer shall not have the kitten that is the subject of this contract surgically declawed or undergo a tendon-cutting procedure. In the event that the Buyer is in default of this provision of the contract, Buyer shall return said kitten to the Seller upon demand at the Buyers expense and Buyer shall forfeit the purchase price.
3. Cat/kitten MUST be kept indoors 100% of the time.
4. Both parents are Feline Leukemia and FIV negative. Both parents are Hypertrophic Cardiomyopathy scanned and are negative at this time. The above Cat/Kitten has been inoculated as appropriate with a three-way vaccine. We DO NOT immunize for Feline Leukemia, FIP, or Ringworm. If these treatments are implemented, ALL HEALTH GUARANTEES implied or specified WILL BECOME NULL AND VOID.
5. Buyer represents that all animals to which this cat/kitten will be exposed have been tested and found to be negative for Feline Leukemia and FIV.
6. Seller provides a 72 hour health guarantee, which is as follows: Buyer is receiving a happy, healthy cat. If there are other cats in the household, this cat must be quarantined until Buyer’s veterinarian certifies its health, otherwise this health guarantee is void. Seller suggests that cat/kitten should be isolated from other pets for at least one week for cat/kitten to acclimate to its new surroundings. Buyer MUST furnish Seller with the results of the licensed veterinarian visit dated within 72 hours of taking possession of cat/kitten. Seller Will Not assume liability for the cost of veterinary examinations, diagnostic work or treatment.
EXCEPTION: When cat/kitten is taken to licensed vet within 72 hours, and they find the cat/kitten to have a serious health problem, we will offer an exchange with another kitten from this litter or next litter born. If Seller does not receive a veterinary health certificate within a reasonable amount of time, you have waived your right to exchange said kitten. If no replacement is available at that time, Seller reserves the right to have up to twelve (12) months to furnish a replacement of equal value. No replacements will be made until all registration papers, health records, a signed vet statement, etc. are returned on the original cat. A new contract will be signed on the replacement cat. If a kitten should die from a congenital defect within two years of birth, the kitten will be replaced with a comparable kitten for the cost of shipping charges only (when applicable). A necropsy report from a licensed veterinarian is due to the Seller from the Buyer at the time this claim is made.
7. Buyer shall be responsible for all veterinary or other professional bills incurred on behalf of the kitten that is the subject of this contract after the delivery date herein. The cat will not be denied needed veterinary attention. If the owner is unsure whether or not the animal is in need of medical services, a vet will be contacted, the situation will be explained, and the vet’s advice will be acted upon.
III. CARE AND MAINTENANCE
1. This kitten has been maintained primarily on Professional brand kitten/cat food. It is recommended that the kitten remain on this diet, and if changes are made, this should be done SLOWLY, as sudden diet changes may result in episodes of diarrhea. The Buyer agrees that the cat will be given the proper diet and will have fresh water available at all times.
2. The cat will receive frequent and kind human attention. Buyer agrees to provide this cat with a generous amount of play and exercise, and not to cage this cat unless short-term confinement is necessary upon the express medical advice of a licensed veterinarian.
3. Buyer agrees that this cat will be provided with all necessary medical care, including routine vaccinations, proper nutrition, parasite control, and prompt veterinary care for any illness or condition requiring medication or surgery.
IV. IN ADDITION
1. Buyer agrees that if any of the terms of this contract are violated, or if this cat is found at any time to be neglected or mistreated, Seller shall have the right to repossess this cat immediately at the Buyer’s expense and Buyer shall forfeit the purchase price paid.
2. The laws of the State of Indiana shall govern the validity, construction and performance of this agreement. Any legal action required to enforce the terms of this contract will be brought forth in Floyd County Indiana in which the cattery J-Sphynx Cattery resides. Breach of contract penalty is $1000.00 per breach. In addition the Buyer shall be liable for any court costs and related charges including attorney’s fees associated with the Seller enforcing the terms of this contract.
3. Entire Agreement: This instrument is intended by these parties as a final expression of their agreement, and as a complete and exclusive statement of its terms. No representations, understandings, or agreements have been made or relied upon in the making of this agreement other than those specifically set forth herein. Only an instrument signed by both parties may modify this agreement.
4. 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 hereof, which shall remain in full force and effect.
5. Amendments to this Document: All parties must initial Changes or additions to this agreement.
IN WITNESS WHEREOF, I certify that I have fully read and understand the above provisions and, further, that each party to this agreement has caused it to be executed on the date indicated below and by so executing said agreement, the signed parties agrees to abide by and be bound to the above set out provisions and to act in good faith in accordance therewith.