FIVE STAR
CATS
270-688-8007
Contract
Agreement and Health Guarantee
For
Kitten(s)/Cat(s)
THIS AGREEMENT between ____________(Buyers) and
DESCRIPTION OF ANIMAL:
Breed: Birthdate:
00/00/2003 Sex: M F
Color/Description:
Sire: __________________of
FiveStarCats Dam: ______________ of FiveStarCats
Purchase Price: $______
Terms of purchase:
Upon signing of contract, a holding fee of $000.00 is to be paid by the
Buyer in the form of a money order, cashier’s check or wire transfer. Contract is to be signed and returned to
seller before_____________________.
Final payment of $00.00 is due day of pick-up or before shipment is
made.
This cat is purchased as a:
(a) XXXX PET (Altering
required – see agreement below)
(b)__________SHOW QUALITY (Altering
required – see agreement below)
(c)__________BREEDER Seller will provide a 3
–generation pedigree and registration
form(s) indicated:
TICA_____
Purchaser agrees to
spay/neuter the kitten/cat described above within the time frame: Males:
5 months of age…Females: 5 months
but no later than 6 months of age
*****DATE TO BE
SPAYED/NEUTERED BY: 00/00/2003 *****
Purchaser will provide Seller proof of altering in the form
of a dated receipt from a licensed veterinarian that includes a description of
the animal, date of and procedure performed.
Only after this proof is provided
will the Purchaser receive his/her registration papers from Seller. If NO proof of altering is received by
Carol Rusher within five (5) working
days of the date stated above, the presumptive conclusion shall be that the
cat is intended to be used or is being used as a breeder, and at that point,
the Seller may exercise one of the two following options: Either
an additional $1000.00 will become due the Seller immediately. And the buyer would be required to sign a
breeder contract. Or it will be
required that the cat be surrendered to the Seller. Offspring resulting from breeding of a kitten
sold as a “PET” belong to the Seller and will be surrendered unconditionally.
This agreement acknowledges that any
animal purchased as a PET is to be spayed or neutered and is NOT to be used for
breeding purposes.
Due to the uniqueness of the patterns of the Lynx, Torties
and Creams, the prices for pet quality are higher than for the standard Ragdoll
patterns. PLEASE READ THE FOLLOWING VERY
CAREFULLY, as it concerns these specific patterns: LYNX,
TORTIES AND CREAMS as,
Pet Quality ONLY:
If NO proof of altering is received by Carol Rusher
within five (5) working days of the spay/neuter due date above, the presumptive
conclusion shall be that the kitten/cat is being used as a breeder, and at that
point, the Seller may exercise one of the two following options: Either
an additional $2500.00 will become due the Seller immediately. And the Buyer would be required to sign a
breeder contract. Or it will
be required that the cat be surrendered to the Seller. Offspring resulting from breeding of a kitten
sold as a “PET” belong to the Seller and will be surrendered unconditionally.
This agreement acknowledges that any
animal purchased as a PET is to be spayed or neutered and is NOT to be used for
breeding purposes.
The Buyer will not receive any registration papers until
proof of altering is received by Seller.
HEALTH GUARANTEE:
Five Star Cats (Seller) guarantees the health of said
cat/kitten upon pick-up from the cattery or upon the time of shipment for a
period of seventy-two (72) hours. This
time period begins at the point that the cat/kitten leaves the possession of
the Seller, whether it is at the cattery or at some point of shipping. The cat, if shipped, comes to you with a
veterinarian’s health certificate and a record of vaccinations and
dewormings. We recommend that you take
the cat/kitten to your own veterinarian (at buyer’s expense) within the first
72 hours for your own satisfaction and protection. If you have other cats, we also suggest you place the new arrival in quarantine
during this time and follow the advice of your own veterinarian in regard to
the length of the quarantine period. 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 twenty-four (24) hours of its
discovery. Failure to make this
report within this time frame will void this warranty.
REFUNDS, REPLACEMENTS AND EXPENSES:
There shall be no refunds
of purchase price, shipping charges or other costs. There shall be replacement of the cat/kitten
only under the circumstances provided below.
1)
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 with 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. There shall be no refund or
replacement unless under the Health Guarantee (with the 72-hour period only
except as stated below). The 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 guarantee null and void. 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 expects
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 which is “life
threatening” or “incurable” and shall not include curable conditions or
infections such as colds, virus, bacterial infections or skin rashes.
2)
Should the cat/kitten die within six (6) months as a
direct result of an unknown (at the time of sale) congenital birth defect, said
cat/kitten will be replaced only if an appropriate autopsy is performed by a
licensed veterinarian and a veterinarian’s certificate is provided as proof of
cause of death. Trauma, abuse or neglect
will void the guarantee.
3) Said kitten/cat is further guaranteed to be free from congenital defects or genetic diseases for a period of one year from date of sale. In the event that this kitten is found to have a congenital defect or genetic disease,(within one year from date of sale,) that interferes with its’ intended purpose or requires medical treatment:
a.
It
can be returned to the Seller for a replacement of equal quality.
b.
It
can be kept by the owner, and Seller will give
Buyer another kitten of equal value from a different line, either at the first
opportunity a replacement kitten becomes available or at a time to be requested
by Buyer, also allowing Seller the reasonable length of time for a kitten to
become available.
c.
If
euthanasia is considered to be necessary or imminent, a replacement kitten will
be given. NO KITTEN OR CAT IS TO BE
EUTHANISED WITHOUT THE PRIOR KNOWLEDGE OF THE BREEDER, EXCEPT IN THE CASE WHERE
A VETERINARIAN CONSIDERS IT THE ONLY HUMANE ALTERNATIVE, OR THE GUARANTEE IS
VOID. An autopsy is required to
confirm a medical diagnosis in this case.
d.
If
a pet is diagnosed with a minor imperfection (not known at time of sale) that
requires no treatment and does not interfere with the normal function and
purpose of the cat as an active pet, then no refund or replacement will be
given.
e.
Where
a replacement is requested or where euthanasia is requested, buyer agrees to
grant full access to all veterinary records to Seller. Veterinary records include copies of actual
visit cards to veterinarians stating vaccinations, injuries, test results, etc.
during the period the kitten is owned by the Buyer. No refund or replacement will be given for
any condition or defect caused by accident, neglect or malnutrition. Buyer is responsible to provide immediate
veterinary care to any kitten/cat showing signs of illness or distress. Failure to do so will render this guarantee
null and void.
BREEDER/SELLER ASSUMES NO LIABILITY FOR VETERINARY
COSTS OR OTHER EXPENSES INCURRED BY THE OWNER.
BUYER ACKNOWLEDGES THAT BREEDERS LIABILITY CAN NEVER EXCEED WHAT IS
EXPRESSED IN THIS GUARANTEE AND AGREEMENT AND IS LIMITED TO PHYSICAL
REPLACEMENT OF KITTENS/CATS.
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 possession of the Seller.
If for any reason the cat/kitten is returned to the Seller, BUYER agrees
to pay all expenses, including shipping costs, mileage and re-examination
expense of Seller’s veterinarian. This
examination will include a complete ‘viral panel’ blood test for FELV, FIP and
HIV viruses.
VACCINATIONS:
Your cat/kitten has been regularly dewormed and has begun
the required vaccination series of FELOCELL 4 (formerly CVR-C). Depending
on the age of the kitten/cat upon shipment, Purchaser may need to continue with
these vaccinations on the dates below to complete the series. We do not use FIP vaccine and FELV vaccine. If you choose to vaccinate for Feline
Infectious Peritonitis (FIP), we recommend you discuss this with your own
veterinarian and consider the risks. We
pride ourselves in raising healthy, vaccinated, parasite-free kittens. Said cat/kitten leaves our cattery, to the
best of our knowledge, in healthy condition.
However, in the event that said cat/kitten should be diagnosed with a
medical problem that can be cured, this would not qualify for a replacement.
1ST
SHOT - Date: 00/00/2003 Age: 7 weeks
2nd
SHOT - Date: 00/00/2003 Age:
10 weeks
3rd
SHOT - Date: 00/00/2003 Age:
13 weeks
SHIPPING:
Costs are to be paid by the Buyer, when purchasing a kitten
that must be shipped. Cat/kitten can be
shipped ‘Freight Collect’ or ‘Prepaid’.
If it is necessary to prepay the shipping costs, an estimate will be
provided to the Buyer. The Seller, at
the Buyer’s expense, at the cost of $25.00, will provide an airline-approved
carrier of suitable size. A Health
Certificate is required (not to exceed 10 days prior to shipping) and will be
provided by the Seller. A ‘viral panel’
test can be included at an additional cost.
The cat/kitten must be at least three months of age for this blood
test. Full payment of all costs related
to shipping must be paid to Seller prior to shipping, including shipping costs
unless freight is to be ‘Freight Collect’.
These costs will be included in the final payment for the kitten. If Buyer is picking up said cat/kitten from
Seller, we will accept cash, money orders and cashier’s checks.
Specific shipping arrangements will be determined in advance
and confirmed to Buyer by Seller, with the cat’s/kitten’s best welfare in
mind. This signed agreement must be
returned prior to cat/kitten being shipped.
HOLDING FEES:
A holding fee is placed to hold a particular kitten for a
buyer. All holding fees are
non-refundable. One of the goals of
our cattery is to place our cats/kittens in loving homes in a timely manner so
they may bond with their new family. If
a cat/kitten is held specifically for a buyer, a change of mind can quite often
jeopardize the chance for that particular can/kitten to be placed in a home
while still at a desirable age. We
require a minimum holding fee of $200.00 if the kitten is under the age of five
weeks. If the cat/kitten being placed on
hold is over five weeks of age we require one-half the purchase price as a
holding fee. When the sale of the
cat/kitten is consummated, the holding fee shall be applied towards the
purchase price.
Each cat/kitten will differ in the time needed to bond with
its new family. Please give the
cat/kitten ample time to adjust, especially if the cat/kitten has been
shipped. A period of two to four weeks
should be the very 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 home. Please give your new friend
and family member a chance to bond with you and its new surroundings. Your new cat/kitten needs to feel safe and
secure for its unique individual personality to surface.
THE BUYER becomes the owner of said cat/kitten upon Seller’s
receipt of ‘Payment in Full’. The
cat/kitten will be cared for by the Seller until the arranged shipping date or
until Buyer is able to take possession of cat/kitten. This period of care is not to exceed fourteen
(14) days from date of final payment. In
the event this exceeds the time period stated, Buyer agrees to pay board on
said cat/kitten at a boarding charge of six dollars ($6.00) per day. Boarding charges are to be paid in full prior
to shipping or release of said cat/kitten.
THE BUYER
agrees that this cat/kitten will be kept indoors and not allowed to roam freely
outside. Under no
circumstances will this cat/kitten be sent to a shelter or otherwise disposed
of in an inhumane manner or be sold, leased or given away to any pet shop,
research laboratory or similar facility.
Buyer agrees that Seller has the right to retrieve said cat/kitten if
Buyer does not adhere to all provisions of this contract or if cat/kitten is
being neglected or abused. Seller prefers
that said cat/kitten NOT be de-clawed.
If kitten is purchased as a breeder, the Seller agrees that
if the kitten has not produced a litter or proven to be fertile by the time the
kitten is two years of age, the
Seller will replace the kitten as soon as another comes available. Additional testing may be done before the
kitten is taken by the Buyer if possible.
Buyer agrees to assume responsibility for all costs incurred after
taking possession of the kitten.
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
FACSIMILE SIGNATURES:
A facsimile signature shall be enforceable as an original if
the original contract is lost, destroyed or otherwise unavailable.
TERMS:
The use of the term “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 as stated herein: Mailing address of
buyer
_____________
Date _________________
________________________________ _________________
Buyer
_________________________________ How did you find FiveStarCats?
Co-Buyer (i.e.
Cats USA ad, Cat Fancy Ad,
Search
engine, etc)
_____________
Date _______________________
_________________________________
Seller: Carol Rusher,
Five Star Cats
Buyer’s
phone number/email:
_____________
_____________