SAMPLE KITTEN CONTRACT
PET LYKOI KITTEN
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”) is entered into this date XXXX between the following parties, (“Buyer”) and (“Seller”) with respect to the following facts:
A. General Terms.
1. Terms of Sale. Buyer agrees to Purchase from Seller one Lykoi Kitten for the purchase price of $2000
Name: “TBD”
Sex: TBD
Generation/Color: Black Roan
DOB: TBD
Parents: TBD
2. Payment. Payments shall be in the form of cashier’s check, personal check, money order, cash or via Venmo (Venmo or cash is preferred).
3. Holding fee of $250 will be paid to hold Kitten. Holding fee is nonrefundable, but is applied to total purchase price of kitten. Balance total (kitten balance minus deposit) due before kitten is picked up. Kitten should be ready to go home between 13-15 weeks of age after alter surgery. WE DO NOT OFFER SHIPPING—YOU MUST EITHER COME TO LAS VEGAS, NV, TO PICK UP OR ORGANIZE A PET NANNY TO COME PICK UP THE KITTEN FOR YOU.
Please note: If Buyer is required to fly in to pick up said Kitten, Seller recommends booking a flight that is FLEXIBLE and refundable in case Seller needs to change the pick up date of said Kitten due to health issues, change of spay/neuter date, etc. While this is unlikely—it is still a possiblity. Seller is not responsible for ANY TRAVEL EXPENSES INCURRED.
Buyer will be notified of approximate date of spay/neuter. Two weeks after spay/neuter, if Kitten is not picked up by that date or an arrangement for late pick up was not discussed with Seller-- a kenneling fee of $8 will be added per day until Kitten is picked up. Please simply communicate with the Seller—stay in contact particularly around the time Kitten is to head home.
4.Warranties by Seller:
A. Vaccination records are to be provided by Seller contemporaneously with delivery of the Kitten. Health is further guaranteed for a period of seventy-two (72) hours from the time the Kittens leave possession of the Seller. It is highly recommended that Buyer take the Kitten to Buyer’s veterinarian within the 72 hour period for Buyer’s own satisfaction and protection. If within said 72 hour period, the Kitten is found to be significantly medically deficient (diagnosed with a fatal defect) and written confirmation of the same is provided to Seller, the Kitten may be returned to Seller and Buyer shall be refunded the full purchase price. Buyer agrees to provide Seller with full access to all veterinary records and veterinary staff in the event an opinion is rendered that the Kitten is medically deficient.
Exposure to other cats and/ or dogs within said 72 hour period by Buyer voids the health guarantee. It is strongly recommended that Buyer isolate the Kitten from other cats and/or dogs for a two week quarantine period.
B. Temperament. The Kitten is additionally guaranteed to be socialized prior to arrival at Buyer’s, although Buyer is responsible to ensure continuing adequate socialization. Buyer understands that traveling with Kitten may stress Kitten and will ensure Kitten has a quiet place to acclimate to the new home during quarantine upon first arrival.
Except as to such rights, obligations and claims created by this Agreement, Buyer, by this Agreement, for himself / herself and his successors, heirs, executors, administrators, assigns, agents, attorneys, predecessors, successors, related companies, subsidiaries, principals, officers, directors, shareholders, insurers and all other persons or entities who may claim through him, does hereby release and forever discharge AllEarz Savannahs and its successors, heirs, executors, administrators, assigns, agents, attorneys, predecessors, successors, related companies, subsidiaries, principals, officers, directors, shareholders, insurers and all other persons or entities who may claim through hims from any and all actions, suits liens, damages, claims or demands of whatsoever nature, known or unknown, suspected or unsuspected, arising out of, related to, or any way connected with any injury sustained to person or property as a result of the actions of any cat(s)/kitten(s) purchased through AllEarz Savannahs.
C. Genetic Defects/Disease. Seller further warrants that the Kitten is free from serious congenital defects. This warranty against congenital defects is valid for a period not to exceed one year from date of birth. In the event the Kitten is found to have a congenital defect, Seller must be notified in writing of the same and written veterinary records must be provided to Seller. Upon Seller’s satisfaction that the Kitten has a congenital defect, the Kitten will be returned to Seller at Seller’s cost. Seller will make every effort to produce a replacement kitten within the year, her program allowing. NO CASH REFUNDS.
LYKOI SPECIFIC: Buyer is aware that this is a breed which molts its coat and will occasionally be nearly fully coated and occasionally will be nearly bald—the breed’s coat shifts and changes. Buyer understands kitten may be fully coated when a deposit is placed and may carry less coat when kitten heads home. Seller cannot control Lykoi’s coat patterns. Due to nature of the breed—Seller offers no guarantees on coat/skin and teeth. NO REFUND on deposit if Buyer decides they simply do not like their choice Kitten due to its coat pattern.
D. Two (2) Year Limited HCM Guarantee: Seller guarantees said Kitten against HCM (Hypertrophic Cardiomyopathy) for a period of two years from date of birth as long as the following conditions are met:
1. If a living kitten is diagnosed with HCM, kitten must receive a scan from a board certified veterinarian cardiologist to confirm diagnosis. Report must be sent to Seller. Kitten must then continue to recieve thorough health care in regard to the condition and Seller must be notified of such health care.
2. If a kitten/cat suddenly dies before the age of two, Buyer agrees to pay for a full necropsy performed by a veterianrian pathologist to confirm presence of HCM and results provided to Seller.
If conditions are met, Seller agrees to replace said Kitten with the same sex Kitten as long as the following conditions still exist:
1. Seller is still maintaining and running a breeding cattery.
2. Seller will make every effort to produce a replacement kitten within the year, her program allowing.
3. Seller is not responsible for shipping replacement Kitten to Buyer.
All warranties, either expressed or implied are null and void if Buyer gives the Kitten a FIP vaccination. The FIP vaccination has been shown to have adverse side effects and is not recommended.
Seller assumes no responsibility for any expenses incurred by Buyer.
E. Kitten shall be altered and microchipped before placement with Buyer.
F. Kitten has been appropriately dewormed, but Seller recommends second deworming once Kitten is in new home environment. Buyer acknowledges and accepts this responsibility.
5. Warranties by Buyer:
A. Sales to Brokers/Pet Stores/Research Facilities. Neither the kitten which is the subject of this Agreement nor offspring from said kitten will be sold to animal brokers, pet shops, research facilities or their agents. All offspring will be sold with registration papers, health guarantees and cannot be sold in "litter lots".
B. FIP Vaccine. All warranties, either expressed or implied are null and void if Buyer gives the kitten a FIP vaccination. FIP has been shown to have adverse side effects and is not recommended.
C. Quarantine. Buyer agrees to quarantine kitten for a period of at least two weeks. It is recommended by Seller that the quarantine period be up to four weeks. In the event that Buyer exposes kitten to other cats prior to the expiration of said two week period, all warranties and representations made by Seller and as contained in this Agreement shall be null and void, with the exception of the warranty against genetic defect.
D. Buyer’s Inability to Keep Kitten.
I. Buyer shall immediately notify the Seller in the event that Buyer can no longer keep the kitten and Seller shall be given the right of first refusal to repossess the kitten at no cost to Seller. This condition shall survive for the lifetime of the kitten. KITTEN SHALL NEVER BE SURRENDERED TO A SHELTER, RESCUE, HUMANE SOCIETY, PET STORE, ETCETRA.
II. In the event that Buyer wishes to euthanise the Kitten for any reason other than what is determined to be in the best medical interest of the Kitten by a licensed veterinarian, Buyer shall be obligated to inform Seller of the same and Seller shall have the right to repossess the Kitten at no cost.
E. Prohibition against declawing. Buyer understands and acknowledges that the Kitten shall not be declawed.
F. Prohibition against outdoor cats. Buyer understands and acknowledges that the Kitten will remain an indoor kitten/cat and will only be allowed outdoors in the presence of Buyer, Buyer’s family, or within a contained enclosure that includes top and walls.
Default by Buyer.
In the event that Buyer fails to tender payment to Seller in the manner stated above in Section A.2. of this Agreement, this Agreement shall be null and void.
C. Miscellaneous Provisions.
1. Modification. Neither this Agreement nor any of the terms of this Agreement, nor any covenant or condition contained in this Agreement may be terminated, amended, supplemented, waived, or modified orally, but only by an instrument in writing signed by the party against which the enforcement of the termination, amendment, supplement, waiver, or modification shall be sought. Any written amendment duly executed by the parties to this Agreement shall be binding notwithstanding the absence of any consideration therefore.
2. Choice of Forum. Seller irrevocably consents and submits to the jurisdiction of the courts of Las Vegas, Nevada, and any United States Federal District Court in the Southern District of Nevada in connection with any suit, action, or other proceeding arising out of or based on this Agreement.
3. Governing Law. This Agreement, and all its provisions, shall be governed by the laws of the State of Nevada.
4. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability and only as to such jurisdiction without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of these terms or provisions in any other jurisdiction.
5. Preparation. The parties to this Agreement have participated in the preparation of the Agreement. In the event of any dispute or disagreement involving the construction of this Agreement, no inference will be drawn from the fact that any party had principal responsibility for its preparation.
6. Entire Agreement. This Agreement is the entire agreement and understanding between the parties regarding its subject matter and merges all prior discussions between the parties. No claimed oral agreement with respect to the matters herein shall be considered any part of this Agreement.
7. Parties Bound. This Agreement is binding upon and all inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, assigns, agents, employees, principals officers, directors, shareholders affiliates subsidiaries, and related companies.
8. Attorneys Fees. If any action at law or in equity is commenced by either party to enforce or interpret the terms of this Agreement, the party finally prevailing in such proceeding or action (after appeal, if any) shall be entitled to recover from the unsuccessful party reasonable attorney fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled.
9. Force Majeure. In the event of interruption of Seller’s business in whole or in part by reason of fire, flood, wind, storm, earthquake, war, strike, embargo, acts of God, governmental action, or any cause beyond Seller’s control, Seller shall have the option of cancelling or deferring shipment of the Kittens’ by verbal or written notification to Buyer.
10. Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one counterpart has been signed by each party and delivered to the other party hereto.
11.Notices. All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be emailed and/or mailed by first class letter, as follows, or to such other address as a party may designate to the other in writing:
12. Headings. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.
________________________________
Seller Date
________________________________
Buyer Date
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”) is entered into this date XXXX between the following parties, (“Buyer”) and (“Seller”) with respect to the following facts:
A. General Terms.
1. Terms of Sale. Buyer agrees to Purchase from Seller one Lykoi Kitten for the purchase price of $2000
Name: “TBD”
Sex: TBD
Generation/Color: Black Roan
DOB: TBD
Parents: TBD
2. Payment. Payments shall be in the form of cashier’s check, personal check, money order, cash or via Venmo (Venmo or cash is preferred).
3. Holding fee of $250 will be paid to hold Kitten. Holding fee is nonrefundable, but is applied to total purchase price of kitten. Balance total (kitten balance minus deposit) due before kitten is picked up. Kitten should be ready to go home between 13-15 weeks of age after alter surgery. WE DO NOT OFFER SHIPPING—YOU MUST EITHER COME TO LAS VEGAS, NV, TO PICK UP OR ORGANIZE A PET NANNY TO COME PICK UP THE KITTEN FOR YOU.
Please note: If Buyer is required to fly in to pick up said Kitten, Seller recommends booking a flight that is FLEXIBLE and refundable in case Seller needs to change the pick up date of said Kitten due to health issues, change of spay/neuter date, etc. While this is unlikely—it is still a possiblity. Seller is not responsible for ANY TRAVEL EXPENSES INCURRED.
Buyer will be notified of approximate date of spay/neuter. Two weeks after spay/neuter, if Kitten is not picked up by that date or an arrangement for late pick up was not discussed with Seller-- a kenneling fee of $8 will be added per day until Kitten is picked up. Please simply communicate with the Seller—stay in contact particularly around the time Kitten is to head home.
4.Warranties by Seller:
A. Vaccination records are to be provided by Seller contemporaneously with delivery of the Kitten. Health is further guaranteed for a period of seventy-two (72) hours from the time the Kittens leave possession of the Seller. It is highly recommended that Buyer take the Kitten to Buyer’s veterinarian within the 72 hour period for Buyer’s own satisfaction and protection. If within said 72 hour period, the Kitten is found to be significantly medically deficient (diagnosed with a fatal defect) and written confirmation of the same is provided to Seller, the Kitten may be returned to Seller and Buyer shall be refunded the full purchase price. Buyer agrees to provide Seller with full access to all veterinary records and veterinary staff in the event an opinion is rendered that the Kitten is medically deficient.
Exposure to other cats and/ or dogs within said 72 hour period by Buyer voids the health guarantee. It is strongly recommended that Buyer isolate the Kitten from other cats and/or dogs for a two week quarantine period.
B. Temperament. The Kitten is additionally guaranteed to be socialized prior to arrival at Buyer’s, although Buyer is responsible to ensure continuing adequate socialization. Buyer understands that traveling with Kitten may stress Kitten and will ensure Kitten has a quiet place to acclimate to the new home during quarantine upon first arrival.
Except as to such rights, obligations and claims created by this Agreement, Buyer, by this Agreement, for himself / herself and his successors, heirs, executors, administrators, assigns, agents, attorneys, predecessors, successors, related companies, subsidiaries, principals, officers, directors, shareholders, insurers and all other persons or entities who may claim through him, does hereby release and forever discharge AllEarz Savannahs and its successors, heirs, executors, administrators, assigns, agents, attorneys, predecessors, successors, related companies, subsidiaries, principals, officers, directors, shareholders, insurers and all other persons or entities who may claim through hims from any and all actions, suits liens, damages, claims or demands of whatsoever nature, known or unknown, suspected or unsuspected, arising out of, related to, or any way connected with any injury sustained to person or property as a result of the actions of any cat(s)/kitten(s) purchased through AllEarz Savannahs.
C. Genetic Defects/Disease. Seller further warrants that the Kitten is free from serious congenital defects. This warranty against congenital defects is valid for a period not to exceed one year from date of birth. In the event the Kitten is found to have a congenital defect, Seller must be notified in writing of the same and written veterinary records must be provided to Seller. Upon Seller’s satisfaction that the Kitten has a congenital defect, the Kitten will be returned to Seller at Seller’s cost. Seller will make every effort to produce a replacement kitten within the year, her program allowing. NO CASH REFUNDS.
LYKOI SPECIFIC: Buyer is aware that this is a breed which molts its coat and will occasionally be nearly fully coated and occasionally will be nearly bald—the breed’s coat shifts and changes. Buyer understands kitten may be fully coated when a deposit is placed and may carry less coat when kitten heads home. Seller cannot control Lykoi’s coat patterns. Due to nature of the breed—Seller offers no guarantees on coat/skin and teeth. NO REFUND on deposit if Buyer decides they simply do not like their choice Kitten due to its coat pattern.
D. Two (2) Year Limited HCM Guarantee: Seller guarantees said Kitten against HCM (Hypertrophic Cardiomyopathy) for a period of two years from date of birth as long as the following conditions are met:
1. If a living kitten is diagnosed with HCM, kitten must receive a scan from a board certified veterinarian cardiologist to confirm diagnosis. Report must be sent to Seller. Kitten must then continue to recieve thorough health care in regard to the condition and Seller must be notified of such health care.
2. If a kitten/cat suddenly dies before the age of two, Buyer agrees to pay for a full necropsy performed by a veterianrian pathologist to confirm presence of HCM and results provided to Seller.
If conditions are met, Seller agrees to replace said Kitten with the same sex Kitten as long as the following conditions still exist:
1. Seller is still maintaining and running a breeding cattery.
2. Seller will make every effort to produce a replacement kitten within the year, her program allowing.
3. Seller is not responsible for shipping replacement Kitten to Buyer.
All warranties, either expressed or implied are null and void if Buyer gives the Kitten a FIP vaccination. The FIP vaccination has been shown to have adverse side effects and is not recommended.
Seller assumes no responsibility for any expenses incurred by Buyer.
E. Kitten shall be altered and microchipped before placement with Buyer.
F. Kitten has been appropriately dewormed, but Seller recommends second deworming once Kitten is in new home environment. Buyer acknowledges and accepts this responsibility.
5. Warranties by Buyer:
A. Sales to Brokers/Pet Stores/Research Facilities. Neither the kitten which is the subject of this Agreement nor offspring from said kitten will be sold to animal brokers, pet shops, research facilities or their agents. All offspring will be sold with registration papers, health guarantees and cannot be sold in "litter lots".
B. FIP Vaccine. All warranties, either expressed or implied are null and void if Buyer gives the kitten a FIP vaccination. FIP has been shown to have adverse side effects and is not recommended.
C. Quarantine. Buyer agrees to quarantine kitten for a period of at least two weeks. It is recommended by Seller that the quarantine period be up to four weeks. In the event that Buyer exposes kitten to other cats prior to the expiration of said two week period, all warranties and representations made by Seller and as contained in this Agreement shall be null and void, with the exception of the warranty against genetic defect.
D. Buyer’s Inability to Keep Kitten.
I. Buyer shall immediately notify the Seller in the event that Buyer can no longer keep the kitten and Seller shall be given the right of first refusal to repossess the kitten at no cost to Seller. This condition shall survive for the lifetime of the kitten. KITTEN SHALL NEVER BE SURRENDERED TO A SHELTER, RESCUE, HUMANE SOCIETY, PET STORE, ETCETRA.
II. In the event that Buyer wishes to euthanise the Kitten for any reason other than what is determined to be in the best medical interest of the Kitten by a licensed veterinarian, Buyer shall be obligated to inform Seller of the same and Seller shall have the right to repossess the Kitten at no cost.
E. Prohibition against declawing. Buyer understands and acknowledges that the Kitten shall not be declawed.
F. Prohibition against outdoor cats. Buyer understands and acknowledges that the Kitten will remain an indoor kitten/cat and will only be allowed outdoors in the presence of Buyer, Buyer’s family, or within a contained enclosure that includes top and walls.
Default by Buyer.
In the event that Buyer fails to tender payment to Seller in the manner stated above in Section A.2. of this Agreement, this Agreement shall be null and void.
C. Miscellaneous Provisions.
1. Modification. Neither this Agreement nor any of the terms of this Agreement, nor any covenant or condition contained in this Agreement may be terminated, amended, supplemented, waived, or modified orally, but only by an instrument in writing signed by the party against which the enforcement of the termination, amendment, supplement, waiver, or modification shall be sought. Any written amendment duly executed by the parties to this Agreement shall be binding notwithstanding the absence of any consideration therefore.
2. Choice of Forum. Seller irrevocably consents and submits to the jurisdiction of the courts of Las Vegas, Nevada, and any United States Federal District Court in the Southern District of Nevada in connection with any suit, action, or other proceeding arising out of or based on this Agreement.
3. Governing Law. This Agreement, and all its provisions, shall be governed by the laws of the State of Nevada.
4. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability and only as to such jurisdiction without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of these terms or provisions in any other jurisdiction.
5. Preparation. The parties to this Agreement have participated in the preparation of the Agreement. In the event of any dispute or disagreement involving the construction of this Agreement, no inference will be drawn from the fact that any party had principal responsibility for its preparation.
6. Entire Agreement. This Agreement is the entire agreement and understanding between the parties regarding its subject matter and merges all prior discussions between the parties. No claimed oral agreement with respect to the matters herein shall be considered any part of this Agreement.
7. Parties Bound. This Agreement is binding upon and all inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, assigns, agents, employees, principals officers, directors, shareholders affiliates subsidiaries, and related companies.
8. Attorneys Fees. If any action at law or in equity is commenced by either party to enforce or interpret the terms of this Agreement, the party finally prevailing in such proceeding or action (after appeal, if any) shall be entitled to recover from the unsuccessful party reasonable attorney fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled.
9. Force Majeure. In the event of interruption of Seller’s business in whole or in part by reason of fire, flood, wind, storm, earthquake, war, strike, embargo, acts of God, governmental action, or any cause beyond Seller’s control, Seller shall have the option of cancelling or deferring shipment of the Kittens’ by verbal or written notification to Buyer.
10. Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one counterpart has been signed by each party and delivered to the other party hereto.
11.Notices. All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be emailed and/or mailed by first class letter, as follows, or to such other address as a party may designate to the other in writing:
12. Headings. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.
________________________________
Seller Date
________________________________
Buyer Date