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Date of sale/contract:
Pending shipping/delivery date:
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Breed:
Color/Pattern:
Date of Birth: |
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Purchaser Name & Address:
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Sire:
Dam:
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Phone Number:
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Sex: |
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Purchase Price:
Shipping Price:
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Deposit Amount: |
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1.
This agreement is
made and entered into this day of and between Glamorous Kitties
Cattery, XXX, (hereinafter known as Seller), and XXXX
(hereinafter known as Buyer). This agreement is a transaction
pertaining to the above described cat/kitten.
2.
Payment In Full.
The purchase price will be $XXX.00 (XXXX dollars), plus any
shipping charges making a total balance due of $XXXX.00 (XXXX
dollars). The total amount due must be paid in full prior to
Buyer taking possession of the above described cat/kitten. Once
Buyer takes possession of the above described cat/kitten all
rights and responsibilities of ownership are the sole
responsibility of Buyer (including, but not limited to,
veterinarian costs).
3.
Deposit and Hold.
Buyer has read, understands, and agrees to our deposit and hold
policy as described as follows: Buyer has made a deposit of
$XXX.00 (XXXhundred and 00/100 dollars) to reserve the
above-described cat/kitten. At the time of final payment, the
deposit amount will be deducted from the price of purchase.
This deposit is non-refundable except if Seller cannot provide
the above described cat/kitten to Buyer for some unforeseen
reason. The deposit is transferable to the purchase of another
available cat/kitten at the Buyer’s request.
4.
Balance Due.
The balance of the purchase price in the amount of $XXX.00 (XXXX
dollars), plus any shipping or delivery charges in the amount of
$0 (0 dollars), must be paid in full as follows: a) If
cat/kitten is being shipped, Buyer must make final payment two
(2) weeks before pending shipping date in the form of a
cashier’s check or money order. Funds must clear Seller’s bank
before cat/kitten can be shipped. b) If cat/kitten is
being picked-up, Buyer can either make final payment with a
cashier’s check or money order two (2) weeks before pending
pick-up date or Buyer can make final payment at the time of
delivery in the form of cash. Seller will provide a receipt.
5.
Shipping Charges
& Agreement. The cost
of shipping is $250 which includes airline ticket,
transportation to airport, and airline approved carrier. Buyer
must pay Seller total shipping charges two (2) weeks prior to
pending shipping date. Buyer agrees to e-mail or call Seller no
later than twelve (12) hours after receipt of cat/kitten to
confirm receipt. Buyer is responsible for any boarding fees as
a result of airline delays. Seller is not responsible for
parasites or contagious diseases that cat/kitten can contract
while in transit. Buyer assumes all responsibility for the
cat/kitten when it is delivered to the shipper/airline. Seller
will purchase the maximum insurance provided by airline
currently being $1200.00 as a protection to Buyer’s investment.
6.
Health
Certificate. At the time of delivery, Seller will provide Buyer a Florida State
Approved Health Certificate of Veterinary Inspection insuring
cat/kitten is free from parasites and contagious diseases at the
time of delivery.
7.
Limited Twelve
Month Warranty Against Hereditary Defects.
If within twelve months from the date of delivery, the above
described cat/kitten is diagnosed by Buyer’s vet as having a
debilitating hereditary defect that in his/her opinion prevents
the above cat/kitten from serving Buyer as a companion pet,
Seller will provide to Buyer another cat/kitten of the same
breed and cost. Although Seller will put forth great effort to
replace the exact color/pattern of the cat/kitten, Seller is not
obligated to do so. If cat/kitten dies within one year of
purchase due to a hereditary or congenital defect, the Seller
will replace the cat/kitten when proof of the defect in the form
of a necropsy report from a licensed veterinarian pathologist in
addition to appropriate blood work is received by Seller.
Seller is not responsible for any vet expenses related to the
above cat/kitten including autopsy and blood work expenses or
any other vet related expenses incurred during the course of
cat/kitten’s life. THERE ARE NO CASH REFUNDS – ONLY KITTEN
REPLACEMENTS IN THE FORM OF A MONETARY CREDIT FOR PURCHASE PRICE
TO BE APPLIED TOWARD THE PURCHASE OF REPLACEMENT KITTEN.
8.
Notice to
Consumer (Florida Statute).
It is the consumer’s right pursuant to section 828.29 Florida
Statutes to receive a certificate of veterinary inspection with
each dog or cat purchased from a pet dealer. Such certificate
shall list all vaccines and de-worming medications administered
to the animal and shall state that the animal has been examined
by a Florida licensed veterinarian who certifies that, to the
best of the veterinarian’s knowledge, the animal was found to
have been healthy at the time of the veterinary examination. In
the event that the consumer purchases the animal and finds it to
have been unfit for purchase as provided in section 828.29(5),
Florida Statutes, the consumer must notify the pet dealer within
2 business days of the veterinarian’s determination that the
animal was unfit. The consumer has the right to retain, return,
or exchange the animal and receive reimbursement for certain
related veterinary services rendered to the animal, subject to
the right of the dealer to have the animal examined by another
veterinarian.
9.
Waiver (Florida
Statute). Seller gives
the consumer two business days (48 hours) from the date of
delivery in which to have the cat/kitten examined by a licensed
veterinarian of the consumer’s choosing. If the veterinarian
certifies that at the time of sale, the cat/kitten was unfit for
purchase due to a congenital or hereditary disorder that
adversely affects the health of the kitten, seller shall afford
consumer the right to choose one of the following options: (a)
the right to return the cat/kitten and receive a refund of the
purchase price, excluding veterinary costs (b) the right to
return the cat/kitten and receive an exchange cat/kitten but not
a refund of the veterinary costs. Buyer must present
certificate of unfitness to seller within 3 business days after
vet’s findings. Any evidence of abuse, neglect, or mishandling
releases the Seller from responsibility regarding the cat/kitten
and voids the above limited warranty. Seller is not responsible
for any contagious diseases and/or parasites diagnosed seven (7)
days after delivery of cat/kitten. This waiver does not void
Seller’s Limited Warranty.
10.
Release of
Liability. Seller is
not liable for expenses incurred (including medical) due to or
as a result of the above cat/kitten’s actions. Seller does not
guarantee eye color shade, coat color shade, coat length, size,
weight, or personality of cat/kitten.
11.
Use.
Seller provides cat/kitten solely for the purpose of a companion
pet. This is not a warranty expressed or implied that the Buyer
will be able to use cat/kitten for showing or breeding purposes.
12.
Care of
Kitten/Breed Genetics.
Buyer agrees that cat/kitten will live indoors at all times.
Buyer agrees never to sell cat/kitten for laboratory use. Buyer
agrees to provide necessary vaccinations and adequate health
care for the life of this cat/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 agrees to feed cat/kitten premium food without fillers,
bi-products, gluten, and magnesium as these products can cause
health problems. Buyer agrees that if he/she can no longer care
for cat/kitten, the Seller will be contacted in an effort to
help find a suitable home. Buyer agrees and is being made aware
via this contract that the Persian breed is susceptible to
certain health issues including but not limited to tearing eyes,
food allergies, urinary tract infections, and skin disorders.
13.
Spay/Neuter
Agreement. Buyer
understands that he/she will not receive registration papers
until spay/neuter agreement has been fulfilled.
14.
Jurisdiction.
It is agreed that this sale is taking place in the State of
Florida, USA, and it is agreed that this contract will be
interpreted pursuant to the laws of the State of Florida USA.
Therefore, any legal issues are to be handled in the court
system of St. Lucie County, Florida USA.
15.
Fraud.
Buyer is aware that any attempts to commit the crime of fraud,
including filing fraudulent charge backs, paying with fraudulent
money orders or cashier’s checks, will be reported to the local
DA’s office for full prosecution. The buyer’s local police
depart will be contacted as well.
16.
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.
17.
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.
18.
Remedies.
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.
19.
Additional
Agreement. This
contract is made and signed by both parties to ensure the
well-being and protection of this cat/kitten. This contract
constitutes the full agreement between buyer and seller. No
other warranty, verbal or written, is implied.
20.
By signing below, both Buyer and Seller agree to all the
terms and conditions of this agreement.
Buyer:
_________________________________________________
Date: _______________________
Seller:
_________________________________________________
Date: _______________________ |