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CAT OR KITTEN DEPOSIT / PURCHASE AGREEMENT
______________________
(Buyer) and Debbie Anderson of NITEWINDES CATTERY
(Seller) is effective as of the date of the last
signature to appear below and is binding upon all
parties thereto. Buyer(s) agree to buy and Seller
agrees to sell the below described cat/kitten
pursuant to all of the following terms.
Description of Animal:
Breed:_Bengal Color: Brown Spotted
Sex__M/F
Name :_______________________________
Birth date__________ Litter Reg# or Reg#____________
Sire________________________________
.........Dam____________________________________
For the following price or terms__$200
non-refundable holding fee -half the balance due at
10 weeks and balance due at 12 weeks. - total price
$_____________
As a _Pet_____Date Paid________________
Seller:_DebbieAnderson____Purchaser:___________________________
Seller and Purchaser agree to the following
terms:
If purchased as a pet only, buyer understands that
he/she will not receive the registration papers for
this kitten/cat until the kitten/cat has been
spayed/neutered and proof of such has been presented
to Seller.
Optional Pre-Purchase Exam Buyer has the option of
obtaining a health certificate or complete blood
panel test prior to completion of this sale. This
is considered a pre-purchase exam and will be done
at the Buyers expense. All charges must be paid
prior to this exam and are non-refundable regardless
of results. This must be included with the holding
fee of $200.00 that is required to hold the specific
cat/kitten for Buyer.
Health Warranty
Nitewindes Cattery (“Seller”) warranties the health
of said cat/kitten upon pick-up from the Cattery or
upon delivery to shipping facility for a period of
seventy-two 72 hours. This time period begins when
the cat/kitten leaves the possession of the Seller.
We recommend that you take the cat/kitten to your
own veterinarian (at Buyer’s expense) within the
first 72 hours for your own protection and have a
complete blood panel run. If you have other cats, we require
that you place the new arrival in quarantine for a
minimum of TWO weeks. (Normal length of quarantine
is a minimum of two weeks, but can be as long as
thirty (30) days. If the cat/kitten is found to
have a medical problem (within the 72 hour period
only), it must be reported to the Seller within 24
hours of its discovery. Failure to make this
report within this time frame will void this
warranty. Exposure to other animals of any species
during this time will void this warranty. Failure
to get the initial 72-hour veterinary checkup will
void any claim for replacement.
Refunds, Replacements and Associated Expenses
There shall be no refunds of holding fee, purchase price, shipping
charges or other costs. There shall be replacement
of the cat/kitten only under the circumstances
provided below;
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If the cat/kitten is found to be in “unsound
health” by a licensed veterinarian within 72
hours, the cat/kitten shall be returned to
Seller and Buyer may request a replacement of
another cat/kitten of equal value. Said
replacement will be made as soon as a suitable
replacement becomes available. A medical report
signed by the examining veterinarian must be
provided to the Seller prior to a replacement
being made. A cat/kitten will be replaced only
once.
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However, Seller will NOT replace any cat
or kitten that has not received adequate and
appropriate care from its new owner. It is the
responsibility of the Buyer to provide immediate
veterinary care (at the Buyer’s own expense) to
any cat/kitten showing signs of illness or
distress and failure to do so will render any
warranty null and void. This is especially true
for animals undergoing the stress of travel.
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Under NO circumstances is a cat or kitten to be
destroyed prior to notification by the Buyer to
the Seller. Any cat/kitten, for which the Buyer
requests replacement, must be returned to the
Seller (at the Buyer’s expense) so that the
identity of the cat/kitten can be verified.
“Unsound health” shall be defined as any
condition that is “life threatening” or
“incurable” and genetic and shall NOT include “curable”
conditions or infections including, but not
limited to, colds, virus, bacterial infections,
parasites, or allergies.
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Buyer understands that adoption of said
cat/kitten identified herein, means that Buyer
agrees to undertake responsibility for future
health maintenance of said kitten for the rest
of the kitten’s natural life, just as if this
kitten were a human child being adopted by the
Buyer.
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Seller’s health warranty offers a replacement in
the event said kitten should die within six (6)
months of Buyer’s receipt of kitten, as a direct
result of an unknown (at the time of sale)
congenital birth defect, or be diagnosed with a
terminal genetic defect before six months,
wherein the cat dies within the first year of
life. Said cat/kitten will be replaced only if
an appropriate necropsy is performed by a
licensed veterinarian and a veterinarian’s
certificate with full disclosure and a copy of
the necropsy report is provided as proof of
cause of death. In addition the veterinarian
MUST send a sample of the cat’s DNA to UC Davis
AND submit a signed photograph of the cat to
Seller, for confirmation that the cat IS the
same cat covered by this purchase agreement.
Trauma, abuse, neglect, failure to obtain
adequate veterinary care, failure to provide
adequate and sanitary housing, or failure to
provide the aforementioned required veterinary
documentation, will void the opportunity for
replacement.
THE BUYER assumes responsibility of all expenses incurred in
relation to the cat/kitten after said cat/kitten
leaves the possession of the Seller, as well as any
expense incurred at the request of the Buyer before
the cat/kitten leaves the possession of the Seller.
If for any reason the cat/kitten is returned to the
Seller, BUYER agrees to pay all expenses, including
delivery or pick-up or shipping costs, including
mileage, airfare, etc., and a re-examination expense
by Seller’s veterinarian. This examination will
include a complete ‘viral panel’ blood test for FELV and FIV viruses. If cat/kitten is returned to
Seller for resale on behalf of Buyer, the terms of
this resale will be agreed upon separate written
agreement.
Vaccinations: Your kitten may have already been treated
for internal parasites. Your cat/kitten has also
had the required vaccination appropriate to its age, excluding
FIP and FELV vaccines. If you choose to
vaccinate for FIP, this will void any warranty as we
do not believe the safety and efficacy of this
vaccine has been sufficiently proven. We do not
typically vaccinate with FELV. However if there are
special circumstances in your household and your
veterinarian recommends it, it may be done. It is
imperative that you have your veterinarian perform a
complete blood panel for exposure to these diseases
BEFORE you vaccinate your animal against it.
If FELV and/or FIP vaccine is given to the cat/kitten at any
time, the entire health warranty becomes null and
void. We pride ourselves in raising healthy,
vaccinated and parasite-free kittens. To the best
of our knowledge, each of our cats/kittens leaves
our cattery in good health. Buyer may exercise the
pre-purchase exam option if desired. However,
please note blood panels cannot be performed on
kittens under four months of age.
Shipping
All shipping costs are to be “Prepaid” by the Buyer, when
purchasing a cat/kitten that must be shipped.
Shipping costs include airfare for the shipment of
the cat/kitten, an airline-approved carrier of
suitable size, and a Health Certificate (required
for shipping-not to exceed 10 days from the date of
issuance). Please prepay with either cash in US
Dollars, a money order or a cashier’s check if you
desire Seller to make the arrangements. If Buyer is
picking up said cat/kitten directly from Seller,
please arrive with cash, money order or cashier’s
check for the balance due on the purchase price of
the cat or kitten. Personal checks will be accepted
for Holding Fees (as defined below) only. This
signed sales agreement must be returned prior to
cat/kitten being personally being picked up by
Buyer. PayPal can be utilized for payment of
holding fees and/or the balance of purchase price as
long as the Buyer includes the 3% PayPal fee and
allows 4 days for funds to clear prior to pickup or
shipment of cat/kitten.
In the event of flight delays, cancellations, re-routing or missed
connections, the Buyer will make the appropriate
arrangements. The Buyer agrees to ensure the
safekeeping of this cat/kitten and will not permit
said cat/kitten to be sent to an interim boarding
facility.
Holding Fees / Deposits / Payments
A ‘holding fee’ is placed to hold a kitten for a buyer or to
reserve a place in line for a kitten from a present
or upcoming litter. All holding fees are
non-refundable. If a buyer has a deposit on a
present or upcoming litter, other potential buyers
will be turned away from purchasing a cat/kitten.
With deposits or holding fees, a limited number are
taken per litter. So potential buyers will have
been turned away. For this reason, deposits and
holding fees are NON REFUNDABLE. The buyers
change of mind can quite often jeopardize the chance
for that particular cat/kitten to be offered to
other Buyers who have been told that the cat/kitten
is spoken for. The minimum required ‘Holding
Fee’ is two hundred dollars. It will take a
minimum of 6 weeks to rate kitten quality and asses
which kittens are pet or breeder or show quality.
Patience is required while the breeder makes this
assessment. Your kitten options will be made
available at the earliest possible date. If you
believe you will be unable to be comfortable with
these arrangements, please do not put down a
deposit.
At least half of the purchase price will be paid when the kitten is
8 weeks of age unless other arrangements have been
made in advance. ‘Payment in Full’ in the amount of
the purchase price shall be paid by the time the
kitten is 10 weeks of age unless other arrangements
have been made in advance. When the sale of the
cat/kitten is consummated, the holding fee shall be
applied towards the balance owing on the purchase
price. In the event the buyer decides not to take
possession of the cat/kitten, the holding fee will
be forfeited and deemed non-refundable. A ‘Holding
Time” of greater than 10 weeks must be negotiated up
front and will be granted only under special
circumstances to be discussed ahead of time at the
signing of this agreement. Failure to pay half of
the purchase price at 8 weeks means the kitten will
be offered to another buyer immediately.
Each cat/kitten will differ in the time needed to bond with its
new family. Please give the cat/kitten ample time
to adjust. A period of four weeks should be the
least amount of time allowed the cat/kitten for an
adjustment period, and longer if this is an adult
cat or there are children in the house.
Boarding charges are to be paid in full prior to the release of the
cat/kitten to Buyer. If boarding charges are not
paid monthly, or fall 30 days past due, said
cat/kitten will be considered abandoned and will
revert to the ownership of the Seller in lieu of
payment of boarding charges. There will be NO
refund of the holding fee or deposit, and said fee
will be forfeited! Any refund (which is
totally at
the discretion of the Seller) will depend on the
amount received for the cat/kitten when resold and
will be less any boarding charges unpaid.
1)
Under no circumstances will this cat or kitten be
sold, leased, co-owned or given away, without the
written consent of the Seller.
2)
This cat or kitten will be kept indoors and not be
allowed to roam freely outside.
3)
If this cat or kitten is found to be neglected or
mistreated, Purchaser will surrender said cat or
kitten to Seller, unconditionally and pay for any
shipping charges.
4)
No cash refunds for ANY reason whatsoever.
5)
This cat is also not to be leased or loaned out
without written permission from the Seller.
6) This
cat shall not be loaned, leased, transferred either
wholly or partially to any third party without the
written consent of the seller.
WARRANTY
No guarantees or warrantees are provided for the
kitten purchased under this purchase agreement OTHER
THAN those already mentioned in previous sections of
this agreement. There are no guarantees or
warrantees that the kitten purchased will “win” in a
show. Seller does NOT guarantee the size of
cat/kitten at maturity. The Seller also does not
guarantee the appearance of the animal with respect
to conformation, color, or spotting pattern.
If this cat/kitten is returned to Seller, Buyer will pay any return
expenses. NO amount of refund will be provided
UNLESS Nitewindes is able to re-sell the cat/kitten
to a suitable second home. At that time, refund MAY
be made to Buyer less any veterinary, advertising
and boarding expenses incurred in the transaction.
ADVERTISING RIGHTS
Seller reserves the right to use any photos of the
purchased cat/kitten in any and all advertising,
including, but not limited to, Internet website
advertising in the promotion of Seller’s Cattery.
Buyer agrees to allow the Seller the right to use
his or her cat/kitten’s photograph or name in future
or existing advertising without remuneration.
VENUE
If Buyer or Seller commences any legal action as a
result of this contract, Buyer agrees that the place
of venue for such action shall be in Sacramento
County in the State of California in the United
States of America. Buyer assents to personal
jurisdiction within such venue, regardless of their
place of residence, and agrees that any judgment
obtained is enforceable within the jurisdiction that
they reside in as if obtained within that
jurisdiction.
FACSIMILE AND SCANNED SIGNATURES:
A facsimile of this signed agreement shall be
enforceable as an original if the original contract
is lost, destroyed or unavailable.
TERMS:
The use of the terms “cat/kitten” presents the same
as the plural cats/kittens, in the case of more than
one cat/kitten being purchased under this sales
agreement.
I AGREE TO ALL TERMS AND NOTICES HEREIN:
BUYER’S SIGNATURE:__________________________________
DATE:_________________
PRINTED NAME: _______________________________________
ADDRESS:____________________________________________
CTY/ST/ZIP
____________________________,__________,____________
PHONE NUMBERS: ____________________
________________________
EMAIL: ________________________________
_________________________________
_____________
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SELLER: Debbie Anderson for Nitewindes Date:
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10064 Medoc Way
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Elk Grove, CA 95624
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916-686-6174
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Nitewindes@aol.com
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