BENGAL KITTEN/CAT CONTRACT OF SALE
This Agreement (“Agreement”) is entered into between Jennifer Fournier/Apex pride Bengals cattery (“Breeder”) and _____________________________________________________(“Purchaser”).
IN CONSIDERATION of the sum of $________________ (“Purchase Price”)
DESCRIPTION OF KITTEN/CAT
Breed:
Bengal
Colour:
Birthdate:
Sex:
Sire:
Dam:
Purchaser has paid a non-refundable deposit of $500 (“Initial Deposit”) to hold Kitten/Cat. The Purchaser has also/or will have paid a second non-refundable payment of $400 (“Second Installment”) at 8-9 weeks of age.
These payments taken individually and together are referred to as the “Deposit”. The Deposit shall be applied towards the Purchase Price, the balance of which is due and payable by no later than the date of [pick up at 12 weeks of age.
In the event the Breeder is unable to sell Kitten/Cat to the Purchaser, for reasons including, but not limited to, the Kitten/Cat’s mortality, Breeder has the option of refunding the deposit or replacing the Kitten/Cat with a Kitten/Cat of similar quality (Breeder’s choice). Breeder shall have 12 months to provide a replacement Kitten/Cat to the Purchaser.
Purchase Price does not include the cost of shipping the Kitten/Cat. Terms of shipment and payment will be arranged outside of this contract, and payment for shipment and related costs such as an International Vet Certificate will be paid by Purchaser a full two weeks before Kitten/Cat is shipped.
TERMS AND CONDITIONS
(1) INDOORS ONLY. Kitten/Cat shall be kept indoors. Purchaser shall not allow Kitten/Cat to roam freely outside without direct supervision. When outside Kitten/Cat must be leashed and accompanied by a responsible adult or provided with a safely enclosed space (cattio, etc). A fence (even 6 or 7 feet in height) will NOT keep a bengal contained inside a yard. Once a Kitten/Cat is let outdoors, the Kitten/Cat/cat has a great possibility of contracting FELV/ FIV, parasites, etc, from other contaminated sources or being STOLEN. We cannot be responsible for these things happening and have specifically signed a Code of Ethics with the International Cat Association stating that we will ensure the kittens we produce will not go to homes allowing free run of the outdoors. If the Kitten/Cat is let outdoors, then the health guarantee contained herein will become VOID. If this Kitten/Cat is found to be neglected, mistreated, abused or have lack of adequate care, it will result in the buyer relinquishing Kitten/Cat to Breeder. No refund is provided.
(2) PET ONLY. Kitten/Cat has been spayed or neutered before leaving our cattery. It is sold only as a pet. Kitten/Cat shall not be shown at a cat show without the prior written consent of the Breeder.
(3) RETURN TO BREEDER. Kitten/Cat shall not be sold, leased, given away, left at a shelter, pound, pet shop, research laboratory, humane organization, or any similar facility. If Purchaser is unable or unwilling to care for the Kitten/Cat for any reason whatsoever, Purchaser shall notify the Breeder immediately. Kitten/Cat will be returned to Breeder in a timely manner and Breeder agrees to help Purchaser rehome the Kitten/Cat by advertising Kitten/Cat’s availability on Breeder’s website and on all social media outlets used by the Breeder. Kitten/Cat’s new home MUST be approved by Breeder, without exception. Breeder will use every reasonable effort to obtain a fair purchase price for the Kitten/Cat and provide same to Purchaser.
There are NO CASH refunds offered for return of Cat/Kitten by the Breeder other than the monies collected by rehoming the Cat/Kitten, less any reasonable fees needed for advertising, etc.
(4) PROPER MAINTENANCE. Purchaser shall care for the Kitten/Cat with a proper diet, housing, health and general care, including maintaining up to date vaccines and proper parasite prevention. If, in Breeder’s opinion, Kitten/Cat is neglected or mistreated, Purchaser shall surrender Kitten/Cat to Breeder unconditionally. “Neglect” or “mistreatment” shall include, but not be limited to, left to roam freely outside, not given adequate vet care, food or shelter. All fees and costs associated with the recovery of Kitten/Cat shall be paid by the Purchaser, including, but not limited to, any and all court costs and legal fees. Purchaser further agrees to never declaw Kitten/Cat. In the event Breeder discovers Kitten/Cat is declawed, Purchaser admits this to be a direct violation of this Agreement and Purchaser will pay $1,000.00 in certified funds to the Breeder within 7 days of written demand being made by Breeder. This is an agreed upon penalty for Purchaser’s willful breach of this Agreement.
(5) TEMPERAMENT. Breeder makes no guarantees as to the Kitten/Cat’s temperament. We prioritize and spend an abundance of time socializing our Kitten/Cats, but we cannot predict how the Kitten/Cat will act after it leaves the familiar environment of our cattery and its littermates. It is Purchaser’s responsibility to slowly transition Kitten/Cat to its new home. Purchaser acknowledges that some Kitten/Cats may take longer than others to adjust to their new surroundings. Purchaser must notify Breeder immediately if Kitten/Cat is not transitioning well into its new home (e.g. not using the litterbox, has diarrhea) so that Breeder is made aware of any issues. If Purchaser has any health or behavior concerns about the Kitten/Cat, Purchaser must notify Breeder of its concerns immediately. We cannot help you with these concerns if we are not aware of them. If more than 2 weeks have passed before Purchaser notifies Breeder of these issues, Breeder disclaims any liability of responsibility for these issues. Should the Purchaser not wish to keep the Kitten/Cat due to perceived temperament issues, the return/rehoming provisions contained in paragraph (3) above shall apply.
(6) PROPER DIET. Purchaser agrees that it will feed Kitten/Cat the same food that Kitten/Cat was eating at the Breeder's premises, and any changes to the Kitten/Cat's diet will be done gradually over a period of at least 3 weeks. Any sudden changes to the Kitten/Cat's diet may result in diarrhea.
(8) NO CASH REFUNDS. This sale is final and there are no cash refunds.
(9) Purchaser agrees to return Cat/Kitten to Breeder if Purchaser can no longer keep Cat/Kitten for ANY REASON WHATSOEVER NOT RELATED TO THE HEALTH GUARANTEE. Initial here:_____
HEALTH GUARANTEE
Breeder warrants that Kitten/Cat is sold in good health at the time Kitten/Cat leaves Breeder's premises. Breeder further warrants that Kitten/Cat has undergone a physical examination by Breeder's veterinarian prior to Kitten/Cat leaving Breeder and that Breeder was not aware of any concerning health issues at the time Kitten/Cat leaves Breeder's premises. It is understood that the stress from the change in environment (especially if the Kitten/Cat is shipped) may cause the Kitten/Cat to “break” with an infection, even though the Kitten/Cat showed no clinical signs of an infection when it left Breeder’s premises. This is why it is important for the Kitten/Cat to be checked within seventy-two (72) hours of receipt.
This Health Guarantee does not cover upper respiratory infection or coccidia outbreaks. The stress of a change in domicile for a Kitten/Cat can sometimes result in “cold-like” symptoms and/or diarrhea/loose stools a few days after arrival. This is typically caused by stress (cold symptoms) or the latent parasite coccidia (diarrhea). Some cats will carry coccidia in their intestines, and while we do preventively treat for coccidian the stress of the new home can lead to a temporary outbreak. Neither of these conditions is congenital and they are not contemplated by our health guarantee.
Unless otherwise agreed between the parties in writing, the Purchaser has seventy-two (72) hours from the time of receipt of the Kitten/Cat to have Kitten/Cat examined by Purchaser's veterinarian in order to activate this Health Guarantee. Purchaser shall provide Breeder with proof of the examination upon Breeder’s request. Further, any questionable findings by the veterinarian shall immediately be reported, in writing, to the Breeder. If the Kitten/Cat is found to be medically deficient with a terminal or life-threatening problem, Breeder shall replace Kitten/Cat with another of like kind and quality (Breeder’s choice), as soon as a replacement is available. All veterinary expenses and return shipping-related expenses are the responsibility of the Purchaser.
Breeder’s health guarantee shall be null and void if Kitten/Cat is not examined by Purchaser’s veterinarian within seventy-two (72) hours.
Kitten/Cat is guaranteed against congenital defects for a period of twenty four (24) months after the date of birth. If the Kitten/Cat is found by a licensed veterinarian to have a life threatening congenital defect within these twelve (24) months, Purchaser has the option to return the Kitten/Cat to the Breeder as soon as possible post-diagnosis (along with veterinarian’s certificate confirming findings) and the Breeder shall replace Kitten/Cat with another of like kind and quality (Breeder’s choice) as soon as one becomes available. Should Kitten/Cat die during this period as a direct result of a congenital defect (said congenital defect must be confirmed by two independent veterinarians), Breeder shall replace Kitten/Cat with another of like kind and quality (Breeder’s choice) so long as an appropriate necropsy performed by a licensed veterinarian and a veterinarian’s certificate showing the congenital defect being the direct cause of death is produced. All veterinary expenses and return shipping-related expenses are the responsibility of the Purchaser. We will not reimburse for veterinary expenses as these are part of Kitten/Cat ownership. Additionally, we have provided six (6) weeks’ worth of free pet insurance with your Cat/Kitten and we strongly recommend continuing some form of pet insurance if you are concerned about veterinary expenses
Multi-cat households: Breeder’s Health Guarantee only covers the health of the Kitten/Cat. If Purchaser has a multi-cat / pet household, and your other pets come down with health issues after Kitten/Cat is introduced, Breeder is not responsible for any veterinary expenses for your other feline(s) and pets. Similarly, if Kitten/Cat comes down with health issue(s) after its introduction to the multi-cat/pet household, we will be responsible only if your vet certifies, in writing, that Kitten/Cat’s health issues are congenital issues. It is Purchaser’s responsibility to ensure that existing felines are up to date on all vaccinations and have been regularly checked by your veterinarian prior to introducing them to Kitten/Cat.
Purchaser agrees never to vaccinate this Kitten/Cat against FIP (Feline Infectious Peritonitis). The effectiveness of the vaccine has not been established and the vaccine can cause the disease. Failure to comply will void all health guarantees.
RETURN POLICY
If Kitten needs to be returned within the 72 hour health guarantee period for reasons other than kitten health-related problems (including, but not limited to, pet conflicts, human allergies), a 50% refund of the Purchase Price (excluding shipping costs, which are also the sole responsibility of the Purchaser) shall be returned to Purchaser, and only after Kitten is determined to be in good health. Kitten may not be returned after the 3-day health guarantee period or if Kitten has been exposed to another kitten, cat or other animal, if Kitten is allowed outside or if Kitten was not housed in a clean and safe environment.
Breeder warrants that Kitten/Cat was fully litterbox trained when Kitten/Cat left Breeder's premises.
The change in domicile may confuse the Kitten/Cat and may result in improper elimination. Purchaser needs to ensure that Kitten/Cat knows where its new litterboxes are located (at least two litter boxes on each floor of the home is recommended for the transition period). Breeder recommends that Purchaser use the same type of litterboxes and litter used at Breeder's premises to avoid confusing the Kitten/Cat. Purchaser also recommends adding Cat Attract brand litter to the litter boxes while the Kitten/Cat adjusts in its new home. We use pine litter with our cats and kittens. No refunds will be offered for perceived behavioural issues which are not contemplated within the terms of this Health Guarantee (for example, inappropriate elimination, hyperactivity, extreme vocalization, anti-social or aggressive behavior, reluctance to walk on leash or go for car rides, etc).
GOVERNING LAW
This Agreement shall be final and binding upon the Purchaser and Breeder and shall be governed by the laws of the Province of British Columbia, CANADA. Parties shall submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of British Columbia. In the event of a dispute between the parties, the prevailing party shall be entitled to its legal fees and all costs and expenses associated with the dispute.
IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement on this ____ day of _________________, 2018.
Purchaser:
__________________________________ ___________________________________
Insert address, phone# and email below:
Address_________________________________________________
Phone #:__________________________________________
Email:____________________________________________
Deposit contract
DEPOSIT AGREEMENT
Description of Cat/Kitten:
SIRE:
DAM:
LITTER NUMBER:
SALE PRICE:
Name: Registration # Will be done before rehomed
Breed: BENGAL
Color: Sex:
Birth date: (if Kitten):
On this day of _ $500_____ a deposit of has been received from Purchaser to be applied towards the purchase price of the above described cat/kitten.
A second deposit of $400 is required at 8 weeks, this is to insure the sale of the kitten will be going through, if second deposit is not received at 8 weeks of age it gives us time to find the kitten another home if purchaser is passing on this kitten.
The remanding balance due must be paid by ________PICK UP DATE AT 12 WEEKS OLD OR OLDER._and the above mentioned cat/kitten will not be released to the new owner until balance is paid.
The purpose of the deposit is to insure the Purchaser's intent to purchase the above described cat/kitten.. It is not refundable should the Purchaser, for any reason, change his/her mind about purchasing the cat/kitten prior to the initial veterinarian examination described in the Sale contract. The above said cat/kitten is being held for the Purchaser and will not be sold to any other buyer, regardless. A breech of contract, either verbal, written or through neglect or avoidance to communicate, on Purchaser's part can jeopardize the chance of fording the above said cat/kitten a new home as quickly as possible. For this reason deposits are not refundable, to insure Purchaser's commitment to purchase above said cat/kitten, pay the balance due as indicated above and to accept delivery a that time or pay a boarding fee.
The purpose of this Deposit Agreement also serves as a guarantee for the amount of deposit. The above amount of $200 is good for 1 year at our cattery if something should arise and may be used towards another kitten of your liking.
Address: ______________________________________________________________________________________________________________________________________________________________________________________________________________
Telephone number:
________________________________
Purchaser signature:
_____________________________________________________________
Thank you
Jennie Fournier
ApexPride Bengals
DEPOSIT AGREEMENT
Description of Cat/Kitten:
SIRE:
DAM:
LITTER NUMBER:
SALE PRICE:
Name: Registration # Will be done before rehomed
Breed: BENGAL
Color: Sex:
Birth date: (if Kitten):
On this day of _ $500_____ a deposit of has been received from Purchaser to be applied towards the purchase price of the above described cat/kitten.
A second deposit of $400 is required at 8 weeks, this is to insure the sale of the kitten will be going through, if second deposit is not received at 8 weeks of age it gives us time to find the kitten another home if purchaser is passing on this kitten.
The remanding balance due must be paid by ________PICK UP DATE AT 12 WEEKS OLD OR OLDER._and the above mentioned cat/kitten will not be released to the new owner until balance is paid.
The purpose of the deposit is to insure the Purchaser's intent to purchase the above described cat/kitten.. It is not refundable should the Purchaser, for any reason, change his/her mind about purchasing the cat/kitten prior to the initial veterinarian examination described in the Sale contract. The above said cat/kitten is being held for the Purchaser and will not be sold to any other buyer, regardless. A breech of contract, either verbal, written or through neglect or avoidance to communicate, on Purchaser's part can jeopardize the chance of fording the above said cat/kitten a new home as quickly as possible. For this reason deposits are not refundable, to insure Purchaser's commitment to purchase above said cat/kitten, pay the balance due as indicated above and to accept delivery a that time or pay a boarding fee.
The purpose of this Deposit Agreement also serves as a guarantee for the amount of deposit. The above amount of $200 is good for 1 year at our cattery if something should arise and may be used towards another kitten of your liking.
Address: ______________________________________________________________________________________________________________________________________________________________________________________________________________
Telephone number:
________________________________
Purchaser signature:
_____________________________________________________________
Thank you
Jennie Fournier
ApexPride Bengals