CHESHIRE LADY CATTERY
Contract of Sale
Breed: British Shorthair or Selkirk Rex
Payment Method: check, cash, or money order
Pick up Date: _________
This kitten is being purchased for: Show-no Breeding-no Pet-yes
This contract for the sale of the feline identified above (hereinafter referred to as “cat/kitten”) is entered into between Galina Benko (Breeder/Owner/Seller) and the undersigned Purchaser(s) for their mutual protection and especially for the protection and well-being of the cat/kitten. It is mutually understood that failure to comply with any of the provisions of this agreement can and will result in legal action. Breeder is intensely interested in the welfare of every cat/kitten sold. Therefore, this contract details what is required for all cat/kitten purchases and what guarantees the Breeder provides to the Purchaser(s) for the cat/kitten being sold to Purchaser(s).
Each Purchaser(s) agrees:
1. To keep and care for cat/kitten as long as the cat/kitten lives unless unforeseen circumstances prevent that from happening. In such circumstances, Breeder reserves the option to demand the return of this cat/kitten to Breeder. That option shall expire 3 (three) years from date of birth of the cat/kitten. If Breeder exercises this option, Breeder may keep the cat/kitten, or find an appropriate new home for the cat/kitten. If Breeder exercises that option and re-sells this cat/kitten, no refunds will be issued to the undersigned Purchaser(s) unless a separate agreement is reached at the time the option is exercised, which must be done in writing with a copy sent to Purchaser(s) at their address shown below. If Purchaser(s) find someone willing to provide a new home for the cat/kitten, they shall advise the Breeder and provide the contact information for the person willing to provide the new home for the cat/kitten. Breeder shall have sole authority to approve that proposed transfer to the new care provider, but that approval shall not be unreasonably withheld. Breeder’s Health Guarantee shall not extend to the new care provider arranged for by Purchaser(s). If this cat/kitten is found to be neglected, or is found to be ill and left untreated for an unreasonable length of time, Breeder has the right to insist that Purchaser(s) surrender said cat/kitten to Breeder unconditionally and without compensation to the Purchaser(s), and reimburse Breeder for all reasonable costs incurred by Breeder to reclaim the cat/kitten, including but not limited to actual legal costs if litigation should be necessary to enforce Breeder’s right to reclaim the cat/kitten in those circumstances. If registration of this cat has already been transferred to Purchaser(s) at the time the cat/kitten is reclaimed, Purchaser(s) further agree to transfer the cat/kitten’s registration back to Breeder at the time of such surrender. If for any reason beyond the Purchaser(s)’s control, the cat/kitten must be euthanized, Purchaser(s)s must report that euthanasia to Breeder before or within 1 month after the euthanasia takes place. The cat/kitten shall not be re-homed without written authorization of Breeder. “Re-home” means placing a cat/kitten in another person’s possession for a period in excess of ninety (90) days. Breeder guarantees that such authorization will not be unreasonably withheld. _______
2. That under no circumstances will the cat/kitten EVER be sold or given to a pet store, research facility, animal shelter, nor will it be abandoned to fend for itself. _______
3. That this cat/kitten is to be a house cat only and live indoors, exclusively for its entire lifetime. The Purchaser(s) agrees not to let the cat/kitten run loose outdoors. The cat/kitten may be allowed outside while on leash (under close supervision) or in a completely enclosed run. _______
4. To provide adequate space, exercise, diet, fresh water, and litter for this cat/kitten. _______
5. To allow Breeder to inspect the cat/kitten’s living environment if Breeder finds it reasonably necessary to do so. If the cat/kitten’s living environment does not comply with the requirements of this contract, Breeder may cancel this contract and insist that Purchaser(s) surrender said cat/kitten to Breeder unconditionally and without compensation to the Purchaser(s), and reimburse Breeder for all reasonable costs incurred by Breeder to reclaim the cat/kitten, including but not limited to actual legal costs if litigation should be necessary to enforce Breeder’s right to reclaim the cat/kitten in those circumstances. If registration of this cat has already been transferred to Purchaser(s) at the time the cat/kitten is reclaimed, Purchaser(s) further agree to transfer the cat/kitten’s registration back to Breeder at the time the cat/kitten is surrendered. ______
6 To provide adequate health care for this cat/kitten when proper medical care is needed, to have regular scheduled check-ups, including annual immunizations as recommended by Purchaser(s) Veterinarian, with the goal of keeping this cat/kitten free from internal and external parasites, and to consult with a Veterinarian upon any sign of serious illness. _______
7. Under no circumstances will this cat/kitten be declawed, de-meowed or surgically mutilated in any way unless a written consent is given by Breeder. Claws will be clipped on a weekly or bi-weekly basis, as needed. A tall scratching post is recommended and should be provided by Purchaser(s) at their sole expense. Breeder will provide adequate counsel and advise Purchaser(s) if destructive clawing ever becomes an issue. If, for any reason, Purchaser(s) have this cat/kitten declawed, Breeder cannot and shall not be held responsible for any ill effects that may have on this cat/kitten. Declawing this cat/kitten shall immediately nullify any and all health guarantees made to Purchaser(s) by Breeder. _______
8. If Purchaser(s) refuse to agree with any of the foregoing terms, the contract of sale of this cat/kitten shall be considered null and void. _______
9. If the cat/kitten is being if sold for breeding purposes, the cat/kitten shall not be mated more than twice a year. ______
10. The cat/kitten shall not be caged unless necessary to protect the cat/kitten or other animals in Purchaser(s)’ residence until the cat/kitten can be initially examined by a Veterinarian unless permission is given by the Breeder. _____
11. Deposit is not refundable unless breeder decide not to sell kitten/cat to Purchaser(s) for any reasons without explanation. Breeder has right to refuse to sell kitten at any time while kitten is under Breeder’s care.
Breeder represents, warrants and guarantees that:
1. The cat/kitten being sold is in good health.
2. Breeder is the lawful owner of the above-identified dam and has full legal right to sell its offspring, including this cat/kitten.
3. This cat/kitten will be available to be picked up by Purchaser(s) no earlier than 12-16 weeks of age, the actual date being at the sole but reasonable discretion of Breeder. Every effort will be made to deliver this cat/kitten at the earliest possible time convenient for both parties to this contract.
4. At Purchaser(s)’s request Seller will provide a Health Certificate from licensed Veterinarian if such request is made to Breeder in writing at least 3 days before the scheduled pick-up of the cat/kitten. All costs of obtaining such a Health Certificate are to be paid by the requesting Purchaser(s).
5. The health of this cat/kitten is guaranteed for a period of 72 hours following the pick-up date. It is recommended that a veterinary examination be conducted within these 72 hours. Any such examination shall be at Purchaser(s)'s sole expense. If the cat/kitten is found to be medically deficient within this time period by a licensed Veterinarian, the cat/kitten may be brought back to Breeder or have to see a veterinarian recommended by a breeder in order to reimburse expenses for treatment of such kitten. If no such examination is conducted within that period of 72 hours, Breeder shall not be responsible for the health of the cat/kitten except as otherwise provided below. _________
6. Breeder will replace the cat/kitten if it is determined at any time up to age 12 months to have a congenital/hereditary disease, but only if an initial veterinary exam was completed within 72 hours of the pick-up date in accordance with paragraph 5 of this contract. _______
7. Purchaser(s) is/are responsible for transportation of the cat/kitten from Breeder’s residence to Purchaser(s)’s location and for any and all fees, documents or other expenses related to such transportation. When cat/kitten is shipped by Breeder to Purchaser(s)’s location, Breeder is responsible for all documentation related to the transportation, but Purchaser(s)s are responsible for all fees and other expenses related thereto. _______
8. The documents establishing that this cat/kitten’s litter was registered with the International Cat Association (TICA) will be provided to Purchaser(s) only after Breeder receives a copy of current health records for the cat/kitten showing that the cat/kitten has been neutered/spayed, unless the cat/kitten is being sold for breeding purposes and that fact is specified in this contract of sale. Any cat/kitten which is not being sold for breeding purposes is being sold solely as pet. Purchaser(s) agree that if the cat/kitten is not being purchased for breeding, and Purchaser(s) fail to have the cat/kitten neutered/spayed within 10 months of the cat/kitten’s date of birth as specified above, Breeder will be deemed a 100% owner of this cat/kitten and will have the right to recover the cat/kitten with no money refunded to Purchaser(s). ______
9. If this cat/kitten is sold for “show”, Breeder makes no warranties for the titles this cat will achieve, if any, when shown in any exhibitions.
10. Any problems which may appear in kitten should be addressed to breeder first and, if the cause of problem not obvious, Purchaser(s) must provide a signed veterinary certification which states veterinary discovery of a problem appears in kitten. Should cat/kitten die at any time while Breeder’s health guarantee is in force, a necropsy is required at Purchaser(s)’s expense, the result to be given to Breeder in writing from the veterinary professional that performed the necropsy within 15 days of the necropsy. If this occurs, Breeder guaranties to replace the cat/kitten with one of same breed and equal worth from the next available litter of kittens or any such later time Purchaser(s) is ready for delivery of the new cat/kitten, as long as Breeder is still breeding cats for sale. In such circumstances, Purchaser(s) will be given the right to choose any cat/kitten from those available to others for sale. ______
All of the stipulations in this contract apply to anyone purchasing a cat/kitten from Cheshirelady Cattery. The place of sale is deemed to be the City of Seattle in King County, Washington, and any litigation that may arise out this contract is to be heard before a judge of that county applying the law of the State of Washington. The prevailing party in any such litigation shall be entitled to their reasonable attorney’s fees, costs and disbursements.
All of the stipulations in this contract apply to anyone purchasing a kitten from Cheshirelady cattery. The place of sale is considered city and state of Seattle in King County and any litigation that may arise out this contract is to be heard before a judge of this county applying the law of Washington. Failure of Purchaser to abide by either of the conditions contained in this contract and failure to abide by conditions contained in this contract stipulated as such will hold signee/signees liable for a fee of $3500.00 (Three thousand five hundred dollars) plus all actual attorney’s fees and all actual legal fees, after signee/signees of this contract have found liable, which shall be pair to the owners of Cheshirelady Cattery, within 30 (thirty) days after judgment. Kitten/cat mentioned in this contract must also be surrendered to Cheshirelady Cattery, with no monies paid to Purchaser(s)________.