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. Seller agrees to sell, and Buyer agrees to buy, one purebred Persian described as follows:
Micrchip #: Date of Birth: Sex: Color:
SIRE: CFA #:
2. Payment in Full. The purchase price will be $_______ (________ and no/100 dollars). The total amount due must be paid in full prior to Buyer taking possession of the above-described kitten.
3. Once Buyer takes possession of the above-described kitten all rights and responsibilities of ownership is the sole responsibility of Buyer. UNLESS OTHERWISE SPECIFICALLY WRITTEN AND AGREED TO IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL SELLER BE OBLIGATED TO BUYER FOR A CASH REFUND, VETERINARIAN COSTS OR ANY OTHER COSTS, UNDER ANY PARAGRAPH OR SUB-PARAGRAPH OF THIS AGREEMENT
4. Deposit and Hold, Refunds and Replacements Buyer has read, understands, and agrees to our deposit and hold policy as described as follows:
A Non-Refundable Deposit of one-half (1/2) of a kitten's stated purchase price is required from Buyer before a kitten is considered "Reserved" for said Buyer. All deposits are considered a "good faith" agreement between Buyer and Seller as outlined below:
A. Seller agrees to "hold" said kitten for Buyer until said kitten is placed into Buyer's care at approximately 12 weeks of age AND any balance due must be paid in full to Seller. Said kitten will not be delivered or leave Seller's home unless and until all monies are paid to Seller and Buyer executes and returns to Seller a signed copy of the Agreement. If Buyer does not pay to Seller, the balance due at the agreed about time, any deposit is deemed "forfeited" as contained in "Forfeiture and Liquidated Damage Clause" of this Agreement.
i. Forfeiture and Liquidated Damage Clause: A deposit is forfeited if Buyer changes his/her mind and no longer wishes to purchase said kitten (for any reason) or cannot pay Seller any balance due on said reserved kitten within the agreed on time. Said forfeited deposit is considered liquidated damages to Seller including, but not limited to:
(a) Seller has turned away other potential buyers when a "hold" or "reserve" was placed on said kitten;
(b) An older kitten has a drastically reduced value and can no longer be sold for the original purchase price;
(c) Between the time the kitten should have gone to its new home at the approximate age of twelve (12) weeks and when it is finally sold to a secondary purchaser, Seller will have suffered the increased costs associated with the feeding, care, and other additional vaccinations and/or wormings required to keep said kitten in saleable condition from the original date of sale onward.
B. If, through an act of nature or other unforeseen reason, said kitten which was placed on "Hold" becomes unavailable (i.e., death of kitten), Seller agrees to provide Buyer with a kitten of "like-quality and price" from either an existing litter or from an upcoming litter as outlined in paragraphs i. – iv, below.
i. Such replacement kitten of "like-quality and price" shall be made within two (2) years from the date the original deposit was accepted by Pelaqita Persians.
ii. If Buyer chooses not to accept said replacement kitten within two (2) year from the date the original deposit was accepted by Pelaqita Persians, the deposit is forfeited as outlined above in the Forfeiture and Liquidated Damage Clause section.
iii. If a kitten of equal quality to the above-described kitten cannot be made within twenty-four (24) months from the date of this Agreement, then Buyer agrees to accept a replacement kitten of any color, and/or sex. Buyer understands and agrees to make a choice from what is offered or all other rights are forfeited, and no monies will be refunded to Buyer.
iv. Seller is only obligated to Buyer so long as Pelaqita Persians is still breeding and selling Persian kittens.
5. Balance Due. The balance of the purchase price in the amount of $____ (_________ and no/100 dollars), must be paid in full as follows:
A. If kitten is being delivered to Buyer - Buyer must pay to Seller in the agreed-upon form of payment the total cost of the delivery two weeks (14 days) before the delivery date. The balance due will have to have cleared our bank before Pelaqita Persians relinquishes the kitten to Buyer.
B. If kitten is being picked up by Buyer - if payment is made by cash, the balance is due on the day Buyer picks up the kitten. If payment is being made by credit card or debit card via Square or PayPal, the balance is due 48 hours before the kitten is picked up.
6. Payment Method(s). Buyer has the choice of making payment(s) with cash, or credit card or debit car (via Square).
7. Delivery Charges. Currently, there are no airlines that accept "snub-nosed" breeds of cats or dogs as live cargo. Therefore, we can no longer ship our kittens to our clients. It is up to the Buyer to arrange deliver of his or her kitten. Deliver can be a private courier service, or Buyer can come to Ohio to pick up the kitten.
A. If a private courier is used, Buyer understands and agrees to telephone Seller immediately upon deliver of the kitten to confirm receipt.
Buyer understands and agrees that if Seller travels to meet Buyer to deliver the kitten, a delivery charge will be added to the cost of the kitten.
8. Spay/Neuter Agreement. None. Buyer fully understands that this kitten has already been altered.
9. Declaw. Buyer agrees to NEVER declaw this kitten. Declawing is the surgical removal of not only the nail but the removal of the first joint of each toe. Declawing provides no health benefit to the 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 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. Initials of Buyer(s)/Seller: ______________
10. Conveyance. Seller has registered this kitten with the CFA, and the Certificate of Individual Registration is already in Buyer's name and address and contained in the Kitten Packet.
11. Health Guarantee. Pelaqita Persians is a PKD1, FIV, and FeLV free cattery. To the best of Seller's knowledge, the above-described kitten is the progeny of animals that are healthy. This Health Guarantee is for a congenital defect which is more commonly known as a birth defect. Most are present at or near birth. Seller guarantees the above-described kitten against life-threatening congenital defect until this kitten is five (5) years old. 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 the date of 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 above-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. Seller reserves the right to have the kitten re-inspected by their 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 of age. sex and color. 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. Pelaqita Persians 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 year from the date of this Health Guarantee, a substantial discount will be offered on a new kitten.
12. Return Policy, Health Guarantee and Health Guarantee - Exceptions. If the above-described kitten is taken to a licensed veterinarian within 72 hours of delivery (excluding weekends or holidays), and is found to have a serious health problem that will affect the life span or life enjoyment of the kitten, Seller 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 and all necessary paperwork to convey all interest in said kitten back to Seller. Further, if Buyer accepts a replacement kitten, Buyer is solely responsible for all delivery expenses.
A. 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.
B. 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, and sex. If not, Buyer will lose all interest, monies, and replacement options and will relinquish all rights to a replacement kitten. A new Agreement 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. If Buyer chooses, as outlined in Paragraph 11, above, the above-described kitten can only be returned to Seller up to one (1) year from the date this Health Guarantee is signed.
D. No cash refunds will be made for a dead kitten. A replacement kitten will be made, only if a qualified, licensed veterinarian, trained in such procedures, performs a necropsy and such report is provided to Seller, stating that the above-described kitten died of a fatal congenital defect (as outlined in paragraph 11, above), and was untreatable.
E. Failure to have the kitten inspected by a certified veterinarian, within 72 hours (3 business days) of acceptance of the above-described kitten voids any and all agreements.
F. If the kitten is being delivered by a private courier, this Health Guarantee does not cover fleas, ear mites or fungus, since these can be acquired in route to Buyer's home and, in particular, Ringworm (fungus) spores are everywhere in the environment.
G. Buyer understands and agrees that he/she will remain solely responsible for any costs incurred in returning the cat to Seller, as well as all of the costs incurred in any veterinary examination.
H. Buyer understands and agrees that he/she assumes all responsibility for the above-described kitten from when Buyer receives this kitten.
I. Buyer understands and agrees that the five (5) year Agreement does not cover any condition stemming from the Buyer's neglect, illnesses, or accidents, that the kitten came in contact with 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.
J. Buyer understands and agrees that the five (5) year guarantee only applies to the original Buyer, named on page one of this Agreement. Buyer understands and agrees that the kitten must be under the regular care of a veterinarian.
13. Health Record. The above-described kitten has had age appropriate vaccination(s) and preventative worming(s), which have been documented in the health record book provided to Buyer. Seller is not responsible for parasites or disease that this kitten may contract through transportation from Pelaqita Persians to the Buyer's home.
14. Care of This Kitten. Buyer agrees that he/she is not acting as an agent in the purchase of this kitten; and, the kitten will reside at the home of the Buyer, it will not be allowed to be an outdoor cat, and will be provided with a proper diet.
A. Buyer agrees to continue feeding this kitten Life's Abundance products (i.e., dry cat food, canned food, and daily supplements) for the life of this kitten. If Buyer fails to continue using Life's Abundance food and supplement on a daily basis, the Health Guarantee is null and void.
B. Buyer understands and agrees that under NO circumstances will the above-described kitten be sold, given away, traded, leased or donated to any pet store, humane society, SPCA, shelter, research laboratory or any similar facility, without Seller being given right to purchase the above-referenced kitten for the sum of $1.00 (One Dollar). 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. 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, local or state laws) are required and should be brought up-to-date on the health record provided to Buyer at the time of purchase.
i. Any Kitten vaccinated for FIP or FIV voids all Agreements.
ii. Seller strongly advises against the FeLV (feline leukemia) vaccination. However, if the Buyer's veterinarian INSISTS upon such vaccination; the veterinarian MUST ONLY use the Merial PureVax FeLV vaccine. If any other brand of FeLV vaccine is used, this contract is null and void.
iii. If Buyer's veterinarian wants to "re-vaccinate" a kitten despite what the kitten's Health Record reflects as vaccinations it has already had, this Health Guarantee is null and void. Re-vaccinating a kitten can cause death and other health issues can occur.
D. Buyer agrees to keep the kitten in a safe environment and not allow this kitten to run at large under any circumstances, and under no circumstances. This kitten is to be an "indoor ONLY" pet. Under no circumstances will Buyer allow any children, child or adult to harass or mistreat the above-described kitten.
E. Buyer understands and agrees that after the delivery date herein of the above-described kitten, Seller is not responsible for any veterinary or other professional bills or costs incurred on behalf of 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 said veterinarian and, any advice that veterinarian gives to Buyer will be immediately acted upon to ensure the health and well-being of this kitten.
15. Use. Buyer understands and agrees that the above-described kitten was purchased as a Pet Quality animal, and not a Show Quality animal. A pet-quality kitten may have one or more faults (including those in the CFA Persian cat standard) which do not diminish its value as a pet and companion. Further, Buyer understands and agrees that by acceptance of this kitten that this is intended to be a permanent placement for said kitten.
16. Address, Telephone and Other Contact Information. Buyer and Seller both agree to provide each other with updated address, telephone numbers, email and other contact information within one week (7 days) if either of them re-locate from the address and/or telephone numbers on this contract.
17. First Right of Refusal. If, for any reason, Buyer is unable to keep this kitten at any time, for any reason, 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 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 has 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 of any veterinarian costs, delivery, or original purchase price of the above-described kitten.
18. Buyer understands and agrees that his/her failure to comply with any provision of this Agreement may detrimentally affect the reputation of Pelaqita Persians.
19. Buyer understands and agrees that any and all legal action, which may arise under any provision of this Agreement, 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.
20. 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.
21. Amendments to this Agreement. It is mutually understood by both Seller and Buyer that any changes and/or additions to this Agreement must be initialed by both parties.
22. 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.
23. Buyer and Seller agree to waive trial by jury in all proceedings involving the interpretation or enforcement of this Agreement.
A. Cumulative. 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.
B. Seller's Right to Injunction. In the event of a breach by Buyer of the duties provided in Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 19, 20, 21, 22, 23, and 24, (and paragraph 25, if applicable), 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.
24. Additional Agreements. See attached HCM Addendum.
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.