Please read our kitten contract. Our contract spells out what is covered with regards to our written health guarantee. Please read our contract and ask any questions you may have, you will be required to sign and agree to the terms contained within the agreement.
Contract of Sale for Pet Kitten
This agreement is made and entered into between ____________________________________, also known Rocky Mountain Persians Cattery, (hereinafter known as "Seller"), ____________________, (hereinafter known as "Buyer").
Seller agrees to sell and Buyer agrees to buy one purebred Persian described as follows:
Date of Birth: ___________________________
Color: _______________________________
SIRE: _______________________________
DAM: _______________________________
- The purchase price is $________, with the following conditions: All rights and responsibilities of ownership is the sole responsibility of Buyer (including, but not limited to, veterinarian costs).
- This kitten is purebred and registerable with the CAT FANCIER'S ASSOCIATION (CFA). Buyer agrees to spay/neuter this kitten prior to _________________ (eight months of age). The Buyer agrees never to breed this kitten prior to its being spayed/neutered. The Seller will provide the registration paperwork to Buyer upon written verification by a licensed veterinarian of the spay/neuter of this kitten. THIS KITTEN IS NOT TO BE USED FOR BREEDING. If Buyer does not fulfill the above-referenced spay/neuter agreement in paragraph 2, and Seller has not received written verification that the kitten has been altered by six months of age, the Buyer will immediately, within 48 hours, have the spay/neuter done. The Buyer must notify the Seller of the veterinarian that has performed the operation and give the Seller the veterinarian's address, telephone number, and fax number for confirmation. If the Seller does not receive confirmation within 48 hours, the purchaser will be fined $1,500 for the purchase of breeding rights as well as pay any and all court costs associated with Seller having to pursue any legal action against Buyer for breach of contract. All health guarantees will become null and void if this kitten is or has been used for breeding purposes.
- If Buyer does not provide such written verification of the kitten being altered to Seller within six months from the date of this contract, Buyer forfeits the right to register this kitten with the CFA and the kitten's registration paperwork will be withheld by Seller.
- Seller warrants that the above-described kitten is in good health at the time Buyer assumes ownership. At option and expense of Buyer, Buyer may have the kitten examined by a licensed veterinarian within 48 hours (not including weekends and holidays) of receipt of kitten. If, as a result of the examination, the veterinarian determines that the kitten is not in good health, then Buyer may return the kitten to the Seller for a replacement of like quality and breed standard. Return of the kitten will be at Buyer's expense. Written verification by the veterinarian of any disease found (any abnormal structural or functional change, excluding accidents or abuse) must be presented to the Seller upon return of the kitten. After 48 hours from purchase (not including weekends and holidays), Buyer assumes full responsibility for the kitten's health and development, including, but not limited to, all veterinarian expenses.
As stated above, this kitten is being sold as a pet quality (spay/neuter contract) - NOT AS A BREEDABLE ANIMAL. Therefore, this kitten may exhibit one or more faults which in no way diminishes its value of being a pet quality kitten. These faults may include, but are not limited to: an offset bite, un-descended testicle(s), and low grade heart murmur. Seller has disclosed to Buyer any faults that are currently present in the kitten.
- Seller warrants that the above-described kitten is progeny of animals that are healthy and shows no sign of any life threatening congenital defects. A congenital defect 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 defects for two (2) years from the date of birth of the kitten. This is a limited guarantee and the Seller must be notified when the congenital defect is first detected. This guarantee is unenforceable after the kitten passes the age of two (2). Congenital defects are limited to the following: life threatening cardiomyopathy, entropions, cateracts (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 from a licensed veterinarian must be provided to Seller with a description of the kitten's congenital defect and their opinion as to seriousness of the defect. Seller reserves the right to have the kitten re-inspected by its own 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 sex and color. Buyer is solely responsible for any and all shipping related expenses. The kitten described in this contract does not have to be deceased for Buyer to make a claim for congenital defect and receive a replacement kitten. UNDER NO CIRCUMSTANCES WILL SELLER BE OBLIGATED TO BUYER FOR A CASH REFUND OR VETERINARIAN COSTS.
- 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, it will not be allowed to be an outdoor cat, and will be provided with proper diet. 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 Buyer at the time of purchase. Buyer also agrees to keep the kitten in a safe environment and not allow this kitten to run at large under any circumstances.
This kitten has its age appropriate vaccinations. Please see Vaccination Record for complete history.
- Other than what is specifically set forth in Paragraph 1, Paragraph 2, Paragraph 3, Paragraph 4, and Paragraph 5 in no circumstances, will Seller refund and/or give any monies to Buyer because of forfeiture of kitten, genetic problems (other than described above in paragraph 6), veterinarian costs, or death of kitten.
- If, for any reason, Buyer is unable to keep this kitten, Seller shall be given the first right of refusal. 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.
REMEDIES:
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.
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 and 9, above, 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.
ADDITIONAL AGREEMENTS: 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 AGREEMENT BETWEEN BUYER AND SELLER. NO OTHER WARRANTY, VERBAL OR WRITTEN, IS IMPLIED. THIS AGREEMENT SHALL BE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF COLORADO AND ANY LEGAL ACTION MUST BE BROUGHT IN THE COUNTY OF LARIMER, STATE OF COLORADO. BUYER WILL BE RESPONSIBLE FOR ALL COURT COSTS INVOLVED DUE TO BREACH OF CONTRACT.
Read, understood and agreed to on this date: ______.
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___________________________________________ _______________________________________________ _________________________________________________ _______________________________________________ City, State and Zip Code _________________________________________________ _________________________________________________ |
______________________________ (Breeder)
(970) 214-8285
email: rockymountn@yahoo.com
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