It is the highest desire and intent of Kitty Amour Cattery to provide an exquisite, quality kitten to you, the Buyer. To ensure protection and agreement between both parties, the following contract is in effect:
1. Once the Buyer takes possession of the above-described kitten all rights and responsibilities of ownership are the sole responsibility of the Buyer. UNLESS OTHERWISE SPECIFICALLY WRITTEN AND AGREED TO IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE SELLER BE OBLIGATED TO THE BUYER FOR A CASH REFUND, VETERINARIAN COSTS, OR ANY OTHER COSTS, UNDER ANY PARAGRAPH OR SUB-PARAGRAPH OF THIS AGREEMENT.
2. Deposit and Hold, Refunds, and Replacements: The Buyer has read, understands, and agrees to our deposit and hold policy as described as follows:
A. Seller agrees to hold said kitten for Buyer until the said kitten is placed into Buyer's care at approximately 8-12 weeks of age AND any balance due must be paid in full to Seller (including any associated agreed upon shipping fees). Kitten must be paid in full at time buyer takes possession of the kitten (or at the time courier takes possession if a courier is not used). If Buyer does not pay to Seller, the balance due at the agreed time, any deposit is deemed "forfeited" as contained in the "Forfeiture and Liquidated Damage Clause" of this Agreement.
3. It is up to the Buyer to arrange the delivery of his or her kitten. Seller will happily assist Buyer to find services time permitting.
4. Spay/Neuter Health Guarantee: Buyer agrees to spay/neuter by the age of 8 months. Buyer agrees to protect and ensure the kitten is not exposed to an intact cat of opposite gender until at least 2 weeks after the spay/neuter has been completed.
5. Declaw: Buyer agrees to NEVER declaw this kitten. Declawing is the surgical removal of not only kitten or cat. This procedure has resulted in kittens and cats having detrimental effects, including both physical discomfort and emotional changes (i.e., aggression, litter box issues, etc.). If it is discovered the kitten or cat has been declawed without the express written consent of Seller for a documented medical reason for the kitten or cat, at ANY time during the life of the above-referenced kitten, legal action may be pursued against Buyer.
6. Conveyance: The Seller has registered this kitten with the CFA; Certificate of Individual Registration and instructions will be provided upon proof from veterinarian of desexing of kitten by 8 months of age.
Pet Quality Health Guarantee
7. Health Guarantee: Kitty Amour is a PKD1, FIV, and FeLV free cattery. To the best of the Seller's knowledge, the above-described kitten is the progeny of healthy animals. This Health Guarantee is for congenital defects (more commonly known as birth defects). Most are present at or near birth. The Seller guarantees the above-described kitten against life-threatening congenital defect(s) for five (5) years from the date of this contract. This is a limited guarantee, and the Seller must be notified, in writing, when the congenital defect is first detected. This Health Guarantee is unenforceable five (5) years from the date this contract is signed.
Congenital defects are limited to the following:
Polycystic kidney disorder (PKD1), cardiomyopathy, entropion, cataracts (cataracts may undergo spontaneous resorption within the first year [i.e., disappear]; if not, and if the retina is working, surgery may be needed.), degeneration of the retina, cleft palates and cleft lips, megaesophagus, portosystemic shunt (liver), patent ductus arteriosus (PDA), seborrhea oleosa, amyloidosis, and mucopolysaccharidosis. If a claim for any of the herein referenced congenital defects is made, written verification (on company letterhead) from a qualified, licensed veterinarian must be provided to Seller with a description of the kitten’s congenital defect and their opinion as to the seriousness of the defect. The Seller reserves the right to have the kitten re-inspected by her veterinarian for confirmation of the defect before replacing the kitten. In this event, the kitten will be replaced with a comparable replacement when one becomes available. Comparable replacement will be like age, sex, and color. The Buyer is solely responsible for any delivery-related expenses. The kitten described in this Health Guarantee does not have to be deceased nor returned to Seller so that Buyer can make a claim for a congenital defect and receive a replacement kitten.
A. Kitty Amour will replace any kitten that dies from FIP within three (3) months from the date of this Health Guarantee, ONLY upon receipt of the appropriate necropsy report. If a kitten dies from FIP more than one hundred eighty (180) days (but less than one (1) year from the date of this Health Guarantee), a substantial discount will be offered on a new kitten.
8. Return Policy, Health Guarantee, and Health Guarantee - Exceptions. Buyer agrees to take kitten is taken to a licensed veterinarian within 72 hours of delivery (excluding weekends or holidays). If found to have a serious health problem that will affect the lifespan or life enjoyment of the kitten, Kitty Amour will offer an exchange for the above-described kitten with a kitten of equal quality from the first available litter born or if there is a kitten not spoken for in any of the litters still held at Seller’s home. Buyer is solely responsible for all expenses related to the return of the kitten to Seller, and Buyer must execute any necessary paperwork to convey all interest in kitten back to Seller. Further, if Buyer accepts a replacement kitten, Buyer is solely responsible for all delivery expenses. Guarantee is valid as long as Kitty Amour remains in business.
9. If the above-described kitten is discovered to suffer from a mild congenital defect unknown at the time of sale, which does not affect its lifetime or quality of life, there will be no compensation, refund, exchange, or return of the kitten. Feline Corneal Sequestrum is not a genetic condition, and is therefore not covered in this agreement.
A. If the kitten suffers from any congenital defect as outlined in paragraph 11, above, and no replacement is available at that time, Seller reserves the right to furnish a replacement kitten on an availability basis ONLY with a kitten of similar quality. If a kitten of equal quality to the above-described kitten cannot be made within one (1) year of the date Seller is notified by Buyer of such defect, then Buyer agrees to accept a replacement kitten of any age, color, or sex. If not, the Buyer will lose all interest, monies, and replacement options and will relinquish all rights to a replacement kitten. A new contract will be signed on the replacement kitten. **NOTE** Seller reserves the right to have a second opinion provided by a veterinarian of her choice, at her cost.
C. No cash refunds will be made for a deceased kitten. A replacement kitten will be made only if a qualified, licensed veterinarian, trained in such procedures, perform a necropsy and such report is provided to Seller, and such report states that the above-described kitten died of a fatal congenital defect (as outlined in paragraph 11, above), and was untreatable.
D. Failure to have the kitten inspected by a licensed veterinarian within 72 hours of acceptance (3 business days) of the above-described kitten will void any health guarantees.
E. Agreement does not cover fleas, ear mites, or fungus, since these can be acquired in route to the Buyer's home.
F. Buyer understands and agrees that he/she will remain solely responsible for any costs incurred in returning the kitten to Seller, as well as all the costs incurred in any veterinary examination.
G. Buyer understands and agrees that he/she assumes all responsibility for the kitten once Buyer takes possession of this kitten.
H. Buyer understands and agrees that the five (5) year guarantee does not cover any condition stemming from the Buyer's neglect, illnesses, or accidents, that the kitten encountered while in the Buyer's care, including, but not limited to, blood transfusions, vaccination reactions, and death due to surgical procedures, including mishaps occurring during delivery.
I. Buyer understands and agrees that the five (5) year guarantee only applies to the original Buyer, named on page one of this Health Guarantee. The Buyer understands and agrees that the kitten must be under the regular care of a veterinarian.
10. Health Record. The above-described kitten has had age-appropriate vaccination(s), preventative parasite treatment and deworming(s) as indicated, which have been documented in the health record provided to the Buyer.
11. Care of This Kitten. The Buyer agrees that he/she is not acting as an agent in the purchase of this kitten; and, that the kitten will reside at the home of the Buyer, will be an “indoor only” kitten, and will be provided a proper diet as outlined below.
A. The Buyer agrees to feed kitten any quality kitten/cat food of their choice.
B. The buyer understands and agrees that under NO circumstances will the above-described kitten be sold, given away, traded, leased, or donated to any pet shop, humane society, research laboratory, or any similar facility. Any person who improperly receives the above-referenced kitten does so subject to the right of Seller to claim the above-referenced kitten or cat.
C. The Buyer agrees to provide necessary vaccinations and adequate health care including proper tooth care for the life of this 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 the Buyer at the time of purchase. Any kitten vaccinated for FeLV, FIP or FIV voids all health guarantees.
D. The Buyer agrees to keep the kitten in a safe environment and not allow this kitten to run at large under any circumstances. The kitten is to be an “indoor ONLY” pet. Under no circumstances, will Buyer allow any children, child or adult, or animal to harass or mistreat the above-described kitten.
E. Buyer understands and agrees that after the delivery date of the above-described kitten, Seller is not responsible for any veterinary or other professional bills or costs incurred on behalf of the said kitten. Buyer further understands that if there is a question as to whether the kitten requires medical attention, a veterinarian will be contacted, the problem explained to the said veterinarian and, any advice that the veterinarian gives to the Buyer will be immediately acted upon to ensure the health and well-being of this kitten.
12. Use: The Buyer understands and agrees that the above-described kitten was purchased as a Pet or Show Quality animal. A pet-quality animal may have one or more faults (including those in the CFA Exotic Shorthair/Longhair cat standard) that do not diminish its value as a pet and companion. Seller makes no guarantees regarding performance or participation in Shows. Further, the Buyer understands and agrees that by acceptance of this kitten that this is intended to be a permanent placement for this kitten.
13. Address, Telephone, and Other Contact Information: Buyer and Seller both agree to provide each other with updated address, telephone number(s), email, and other contact information within one week (7 days) if either of them re-locates from the address and telephone numbers on this contract.
14. First Right of Refusal: If for any reason, Buyer is unable to keep this kitten at any time, Seller shall be given the right to buy the above-referenced kitten or cat back for the sum of $1.00 (One Dollar). The Seller must exercise their right of first refusal within fifteen (15) days of receipt of written notice from the Buyer of their desire to no longer keep the above-referenced kitten or cat. If Seller accepts this kitten back, at the sole expense of Buyer, the kitten shall be returned to Seller's possession and control, and Buyer shall execute all necessary documents to transfer ownership back to Seller. If Seller is unable to take said cat and Buyer had found an appropriate new home, Buyer will provide to Seller all pertinent information as to the placement of said cat (i.e., name, address, etc. of new Buyer). Under no circumstances will Seller be obligated to Buyer for a cash refund or any veterinarian costs, delivery, or the original purchase price of the above-described kitten.
15. Buyer understands and agrees that any and all legal action, which may arise under any provision of this Health Guarantee, will be brought in the State, County, and City of Seller's residence. Buyer Will Be Responsible for All Court Costs Involved Due to Breach of Contract.
16. Entire Health Guarantee: This instrument is intended by both Seller and Buyer to be a final expression of their Health Guarantee and, as a complete and exclusive statement of its terms. No representations, understandings, or Health Guarantees, whether verbal or written, have been made or relied upon in the making of this Health Guarantee other than those specifically set forth herein. Only a Health Guarantee signed by both parties may modify this Health Guarantee. Amendments to this Health Guarantee. It is mutually understood by both Seller and Purchaser that any changes and/or additions to this Health Guarantee must be initialed by both parties.
17. 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. Each of the provisions of this Agreement shall be deemed an independent covenant. Any provision determined to be invalid or unenforceable shall be given such construction and meaning as to make that provision valid and enforceable while preserving as much of the effect of that provision as legally possible.
18. Additional Health Guarantees. None.
This Contract Is Made and Signed by Both Parties to Ensure the Well-being and Protection of this Kitten. This Contract constitutes the Full Health Guarantee Between Buyer and Seller. No Other Warranty, Verbal or Written, Is Implied.
READ, UNDERSTOOD, AND AGREED TO
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