KITTEN/CAT SALES CONTRACT
THIS AGREEMENT made the …………..….day of…………………………………..20.…………
BETWEEN Beautyfold Cattery ((TICA reg.# 35808) of the one part (hereinafter called “the Seller”)
And ………………………………………………………………………of the other part (hereinafter called “the Buyer”)
Breed: Scottish ___________________Color_________________________________
Kitten/Cat Date of Birth:________________________ Sex:________
Kitten/Cat Price (HST 13% included): $_________( include deposit fee and not include shipping/delivery fee).
Deposit:__________ (Non Refundable) We do not issue receipts for deposits transferred electronically, your transfer record is your receipt.
Shipping (if applicable) GST 5% included:_________ (Non Refundable)
Delivery within GTA (if applicable) HST 13% included:___________ (Non Refundable)
Total Price:___________ (include kitten/cat price, shipping or delivery if applicable and all fees)
Remaining balance if paid by Interact must be paid and deposited to Beautyfold account before
delivery/pickup, it can take a day. Otherwise only cash accepted at pickup/delivery.
1. The Seller guarantees to the best of her/his knowledge that the kitten/cat is in good health at the time of purchase.
1.1. If, within 24 hours, you believe the kitten/cat to be ill, please return the kitten to us. The kitten/ cat will be examined by our vet at our expense. The kitten/cat will then be returned to you or the kitten/cat price will be refunded.
1.2. You should, however, take this kitten/cat to your vet within 4 days of purchase for a general checkup.
If any serious health conditions are identified within that period, the Seller will take the kitten/cat back and refund the payment, less the deposit and any shipping charges, under the following conditions:
a) the said above cat / kitten was not in direct contact with any other animal while in the Buyer possession;
b) the Seller is informed of such illness in writing by the Buyer within 7 business days from release/ shipment date;
c) the Seller is provided with proper documentation, from a licensed veterinarian, stating the medical issue and that the kitten/cat is seriously medically deficient.
d) the second examination by a veterinarian of the Seller’s choice corroborates these claims.
1.3. No refunds are provided for health reasons after the 4 days are past.
INITIALS OF BUYER(S) INITIALS OF SELLER
2. The Seller guarantees the kitten/cat against lethal genetic defects for 12 months following the date of purchase (FeLV, FIV, and FIP are not genetic and are specifically excluded). If, during that time, the kitten/cat died or must be destroyed due to a genetic or congenital defect, the Seller will offer a replacement with a similar kitten from another breeding which is non-related to the original at the Seller’s earliest convenience or to return the purchase price, less the deposit and any shipping charges , should the following conditions be met:
– the Buyer provides the Seller with a necropsy completed and signed by licensed impartial Veterinary Pathologist, at the Buyer’s expense, stating that the cause of death is unquestionably a genetic or congenital defect;
– the replacement is for the kitten/cat only;
– the Seller will not be liable for shipping costs;
– the Seller will not be held responsible for any expenses incurred by the Buyer
– the second examination by a veterinarian of the Seller’s choice corroborates these claims.
3. Some kittens may develop temporarily abnormalities related to their rapid growth within 1st year of their lives. One of these known abnormalities is a heart murmur that may occur at any time during rapid growth phase. Should this condition be found within 1st year of kitten life the Buyer agrees to perform veterinary examination when kitten is at least 12 months old and, if condition still exists, to provide the Seller with written report from the Buyer’ licensed veterinarian confirming diagnosis, grade and heart area affected. The Seller has a right to review the above documents with the licensed veterinarian within 5 business days upon above documents are received by the Seller and to contact the Buyer’ licensed veterinarian for confirmation. Should condition be acknowledged by the Seller’ licensed veterinarian as life-threatening non-treatable congenital defect then all clauses from paragraph 2 will apply.
4. The Seller assumes no responsibility for the Buyer (or members his/her family) allergies to this kitten/cat:
4.1. If, within 48 hours, you (or members his/her family) have allergic to this kitten/cat, please return the kitten/cat to us. The Seller will refund the payment, less the deposit and any shipping charges.
4.2. No refunds are provided for allergies reasons after the 48 hours are past.
5. The Buyer agrees to pay boarding fee $10 per day on the kitten if the Buyer will not pick up the kitten/cat on time or during one week after the arranged release/shipping date. Boarding charges are to be paid in full prior to shipping or release of the kitten.
6. The Buyer accepts that the Seller can cancel the sale at any time prior to the shipment / release if the Seller cannot provide cat / kitten to the Buyer for unforeseen reason such as sudden animal illness if the Seller feels that such condition could result in the permanent health damage or could compromise the cat / kitten quality. If the sale is canceled by the Seller then the Seller will return to the Buyer the amount paid towards total amount stated in the section “Total Price” including the purchase deposit and any amounts the Buyer paid towards shipment arrangements.
The Buyer accepts that the Seller can delay the shipment/release if the Seller feels that kitten health is compromised and time to recover from non-life threatening illness is required. Should shipment/release date be delayed by the Seller for more than 30 days then the Seller will cancel the sale and all clauses of paragraph 6 shall apply.
7. The Seller assumes no liability or responsibility for any veterinary care for this kitten/cat after the Buyer takes possession of the said animal. Under no circumstances will the Seller be responsible for any veterinary bills incurred by the Buyer.
8. The Seller assumes no responsibility for the Buyer’s disapproval of landlord, lack of proper house training for this kitten/cat and etc. No refunds are provided for these reasons.
9. The Seller is not responsible for illness or injury to kitten/cat resulting from the Buyer’s mishandling, mistake or accident. Furthermore, the Seller is not responsible for damage or injury to other animals, persons or property caused directly or indirectly by this kitten/cat. No refunds are provided for these reasons.
10. The Buyer will be responsible for all costs. These costs include but not limited to the cost of return delivery of the kitten/cat, attorney costs (the Buyer shall be responsible for attorney costs on both the Buyer and the Seller’s ends), court fees, monetary damages and all other costs.
INITIALS OF BUYER(S) INITIALS OF SELLER
11. The payment for shipping charges, pet carrier, health certificate, prior-shipment vet examination and any and all other shipping related costs will be the responsibility of the Buyer. Shipping related costs will be added to the purchase amount and all together included on the ‘Total Price’ line upon confirmation of shipment details.
12. It is the Buyer’s responsibly to pay any handling fee, customs duty, veterinary inspections and any other fee in destination airport. Please contact your local airport for more information.
13. Shipping fee once received will be paid to airline for reservation and non-refundable by Airline Company and non-refundable by Beautyfold Cattery.
14. Any outstanding balance for the purchase price stated in ‘Total Price’ section is due 3 calendar days prior to the shipment. Any outstanding balance for the shipment related expenses is due 7 calendar days prior to the shipment. The Buyer accepts that the Seller is not under any obligations to proceed with the shipping arrangements before the outstanding balance is paid in full. The Seller reserves the right to cancel the shipment / release if the Buyer owes any amount of money to the Seller. If shipment / release is canceled by the Seller due to the outstanding balance the Buyer will be required to re-book the shipment / release and pay outstanding balance plus all additional expenses incurred by the Seller to organize the new shipment within 7 calendar days after the initial shipment was canceled by the Seller.
15. The Seller will not be held responsible for any unforeseen delays to the transportation schedule caused by airlines or weather conditions.
16. The Seller will not be held responsible for any veterinary matters related to the animal shipping / transportation including but not limited to fleas, ear mite, etc. once cat / kitten leaved the Seller possession. The Seller will be free from vet charges that may arise due to the contact of cat / kitten with another animals and / or substances during the transportation.
17. All veterinary requirements are to be met. This includes “shots” for the common feline diseases such as calicivirus, feline rhinotracheitis, and panleukopenia, as well as emergency requirements such as accidents or unexpected infections and/or other health problems.
**PLEASE NOTE: DO NOT ALLOW TO BE GIVEN FeLV (Feline Leukemia) nor FIV (Feline Immunodeficiency Virus) nor FIP (Feline Infectious Peritonitis) vaccine to this kitten under any circumstances or our health guarantee is null and void (studies performed have concluded that the FeLv / FIP vaccination can potentiate actual FIP).
18. All reasonable care should be taken for the kitten/cat wellbeing at all times; in the case of accident or illness veterinary advice should be sought immediately. You are strongly advised to take out pet insurance as a responsible pet owner.
19. To undertake to keep the kitten/cat as a pet only. Not under any circumstances whatsoever to use the kitten/cat for breeding or allow the kitten/cat to breed with any other cat of the same or a different species.
20. The kitten must be NEUTERED/SPAYED by a Veterinary Surgeon/Practitioner, before attaining the age of 6-7 months. He/she will produce to the Seller a proof of alteration from the Veterinary Surgeon/Practitioner stating that this has been carried out. The Buyer agrees that this kitten will NEVER be breed under any circumstances.
21. The Buyer agrees that under NO circumstances will the kitten/cat EVER be sold or given to a pet shop, animal shelter, research laboratory, or similar facility.
22. In the event of these covenants being breached:
- The Seller shall have the right to repossess legally the kitten/cat and to be reimbursed by the Buyer the reasonable cost of such repossession and the keeping of such kitten/cat for a period of up to two months after repossession. Such costs to include Veterinary examination and fees.
- The Seller may reclaim physical and legal ownership of the kitten/cat without due process of law for any breach of contract with no refund of purchase price.
- -In the event the Buyer is found to have violated Spay/Neuter agreement (clause 20) the Seller will enforce breach of contract for the dollar amount of $5,000 (five thousand dollars).
- -Any legal action, which may arise under the terms of this contract, will be brought in the city of Seller’s residence and will be interpreted under, and governed by, the laws of the province of Ontario, Canada.
Signature(s) of the Buyer(s):_____________________________________________________
Signature of the Seller in the person of Viktoria Speranska:____________________________