HCM - Hypertrophic Cardiomyopathy Guarantee
This Addendum is an extension to Pelaqita Persians' five (5) year written health/genetic guarantee for Persian kittens. This Agreement is made and entered into this _____ day of _________________ and between Pelaqita Persians, Susan MacArthur, __________ (hereinafter known as Seller ), and _________, (hereinafter known as Buyer ).
1. Pelaqita Persians' extends the health/genetic guarantee through the age of six years for ONLY HCM (Hypertrophic Cardiomyopathy) [until _________]. All other illnesses or diseases are governed by the original health/genetic guarantee/contract of sale and its stipulations and/or time frames.
2. This Addendum applies ONLY to the original buyer of the kitten as outlined in the original written health/genetic guarantee/contract of sale.
3. To validate this Addendum, Buyer must provide to Seller the documented results of cardiac ultrasound after the age of three (3) years of age and before the age of six (6) years of age of said kitten/cat. The costs of any and all ultrasound(s) and veterinarian costs are the responsibility of the Buyer.
4. If the kitten or adult cat is diagnosed as positive for HCM (at any age), Buyer agrees to provide appropriate medications and treatments to sustain and extend the cat's life as long as is reasonably possible until death or euthanasia (as advised by a licensed veterinarian). Buyer agrees to notify the Seller of this cat's condition for the purposes of the Persian HCM Studies and to comply with the terms of this HCM Guarantee. The cost of all office visits, medications, and treatments for HCM will be the sole responsibility of Buyer. Documentation of medications and treatments from the point of diagnosis will be required from the Buyer's veterinarian's office in the event of this kitten/cat's death that is the direct result of HCM.
5. If the kitten or adult cat dies from complications associated with an existing diagnosis of HCM before the kitten's seventh (7th) birthday, a replacement kitten or retired adult cat will be provided to Buyer as compensation when a kitten or cat becomes available. The replacement kitten or retired adult will be one of like or similar Persian type and age to the cat that died. Buyer is solely responsible for any associated delivery costs if the Buyer cannot pick up the replacement kitten/cat from Seller's residence.
a. To qualify for a replacement kitten or cat, the HCM diagnosis must be determined prior to death by a qualified, licensed veterinarian, who has sufficient experience in performing cardiac ultrasounds or verified by necropsy with histopathology from the entire heart of the deceased kitten or cat. All expenses for ultrasound, necropsy, and histopathology are the sole responsibility of Buyer. Documentation of the necropsy results and histopathology report must be provided to Pelaqita Persians' prior to a replacement kitten or cat being given to Buyer.
6. This Addendum applies only to kittens and cats which have not already been diagnosed as positive for HCM. Adult cats that are placed with a known diagnosis of HCM will have an extended guarantee on an individual basis, depending on the severity of disease at placement, at the discretion of the Seller. Such HCM guarantee, will also be in the form of an Addendum to the original health guarantee/contract.
7. Fulfillment of the terms of this addendum is only required while Pelaqita Persians is still breeding and can reasonably offer a replacement kitten or cat to Buyer.
8. Amendments to this Agreement. It is mutually understood by both Seller and Buyer that any changes and/or additions to this Addendum must be in writing and signed/initialed by both parties.
9. Severability. The invalidity, illegality, or unenforceability of any one or more provisions of this Addendum 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.
a. Seller's Right to Injunction. In the event of a breach by Buyer of the duties provided in this Addendum, it is understood that Seller's reputation as a breeder of Persian kittens will be irreparably harmed thereby and that Seller has no adequate remedy at law. Seller shall, therefore, have the right to bring an action in equity and to enjoin Buyer from engaging in the continuation of such practices or actions and also to recover reasonable attorney fees and costs of suit incurred in that action.
This Contract Is Made and Signed by Both Parties to Ensure the Well-being and Protection of this Kitten. This Contract Constitutes the Full Agreement Between Buyer and Seller. No Other Warranty, Verbal or Written, Is Implied.
Buyer has read and understands the terms set forth in this additional health guarantee as a contractual addendum to the original health guarantee/contract. Buyer agrees to comply with all requirements set forth in this addendum. Failure to comply with any part of this Addendum voids the entire written health guarantee, including the terms of this Addendum.