Health Guarantee and Sales ContractPlease review the contract below before submitting an application
Health Guarantee & Sales Contract
This Agreement is made and entered into this ___ day of ______________________ and between MossPaws, Josie Kimbro, (hereinafter known as Seller ), and _____________________, (hereinafter known as Buyer ).
Seller agrees to sell, and Buyer agrees to buy, one pedigreed Norwegian Forest Cat kitten or Cat described as follows:
Date of Birth:
Sold as: Pet Only
Payment in Full. The purchase price will be $2000. The total amount due must be paid in full two weeks prior to the Buyer taking possession of the above-described kitten.
Payment options are PayPal, Cashier's Check (personal checks not accepted), or money order.
Cash upon pickup is only available if picking up the kitten directly from the cattery (not available if meeting at an off-site location).
Once Buyer takes possession of the above-described kitten all rights and responsibilities of ownership are the sole responsibility of Buyer. Unless otherwise specifically written and agreed to in this agreement, under no circumstances shall the Seller be obligated to the Buyer for a cash refund, veterinarian costs, or any other costs, under any paragraph or subparagraph of this agreement.
Deposit and Hold Buyer has read, understands, and agrees to our deposit and hold policy as described as follows:
A Non-Refundable Deposit of $300 is required from Buyer before a kitten is considered "Reserved" for said Buyer. All deposits are considered a "good faith" agreement between Buyer and Seller as outlined below:
Seller agrees to "hold" said kitten for Buyer until the said kitten is placed into Buyer's care at approximately 12-16 weeks of age (Kittens will be assessed individually and the Buyer will be notified when their kitten will be ready) AND any balance due must be paid in full to Seller. Said kitten will not leave Seller's home unless and until all monies are paid to Seller and Buyer executes and returns to Seller a signed copy of the Agreement. If Buyer does not pay to Seller the balance due at least two weeks prior to the agreed pick-up time, any deposit is deemed "forfeited" as contained in the "Forfeiture and Liquidated Damage Clause" of this Agreement.
Forfeiture and Liquidated Damage Clause: A deposit is forfeited if the Buyer changes his/her mind and no longer wishes to purchase said kitten (for any reason) or cannot pay Seller any balance due on said reserved kitten within the agreed time. Said forfeited deposit is considered liquidated damages to Seller including, but not limited to:
Seller has turned away other potential buyers when a "hold" or "reserve" was placed on said kitten;
Between the time the kitten should have gone to its new home at the approximate age of twelve (12) to sixteen (16) weeks and when it is finally sold to a secondary purchaser, the Seller will have suffered the increased costs associated with the feeding, care, and other additional vaccinations and/or wormings required to keep the said kitten in saleable condition from the original date of sale onward.
If for any reason, the sale of a kitten is declined by the Seller after the deposit has been accepted, the Seller will refund the deposit.
Refunds and Replacements - For Kittens "On Hold" Refunds and replacements policy is only applicable to situations in which the Buyer has already paid for a kitten in full. Buyer has read, understands, and agrees to our refunds and replacements policy as described as follows:
If, through an act of nature or other unforeseen reason, said kitten which was placed on "Hold" AND paid for in full becomes unavailable (i.e., death of kitten, or kitten found unfit for sale), Seller agrees to either refund the Buyer the full price of the kitten OR provide Buyer with a kitten of "like-quality and price" from either an existing litter or from an upcoming litter as outlined in paragraphs i. – iv, below.
Such replacement to Buyer of a kitten of "like-quality and price" shall be made within one (1) year from the date the original deposit was accepted by Seller.
If the Seller does not have a replacement kitten available within one (1) year from the date the original deposit was accepted by the Seller, the Seller will refund the Buyer the full price that had been paid.
Seller will only agree to replace a kitten per the conditions outlined above as long as Seller is still breeding and selling Norwegian Forest Cat kittens, otherwise a full refund will be issued.
Transportation and Delivery Buyer is responsible for arranging any transportation, such as a courier service, as well as any fees associated with transportation. Buyer can arrange to travel and pick up their kitten in person at their own expense (preferred).
If a private courier is used, the Buyer understands and agrees to contact Seller immediately upon receipt.
Health Guarantee To the best of the Seller's knowledge, the above-described kitten is the progeny of animals that are healthy. The Kitten is guaranteed healthy at the time of sale.
This Health Guarantee is for a congenital defect which is more commonly known as a birth defect. Most are present at or near birth. The Seller guarantees the above-described kitten against life-threatening congenital defects for one (1) year from purchase. This is a limited guarantee, and the Seller must be notified, in writing, when the congenital defect is first detected. This Health Guarantee is unenforceable one (1) year from the date this contract is signed. All breeding stock (parent) cats belonging to the Seller have been DNA tested via Optimal Selection - Feline (Wisdom Panel) and have tested clear/negative as carriers for the congenital defects included in this health guarantee. The specific congenital defects are included in this health guarantee:
Glycogen Storage Disease (GSD)
Polycystic Kidney Disease (PKD)
Pyruvate Kinase Deficiency (PKdef)
This Health Guarantee also guarantees that the aforementioned kitten has been tested (Date tested: _MM/DD/YYYY) and is free from the following non-congenital diseases at the time of purchase:
Feline Leukemia Virus (FeLV)
Feline Immunodeficiency Virus (FIV)
Refunds and Replacements - For Kitten in Buyer's Possession. The kitten must be isolated from all other animals prior to their initial veterinary visit, otherwise the Health Guarantee is null and void. The Buyer has 7 business days to have the kitten examined by a veterinarian of their choice. All applicable veterinary findings must be in writing by the veterinarian, on the clinic's letterhead, and dated, to be considered for refund or replacement. Buyer has read, understands, and agrees to our refunds and replacements policy as described as follows:
If the above-described kitten is taken to a licensed veterinarian within 7 business days and is found to have a serious health problem that will affect the lifespan or quality of life of the kitten, the Seller will refund OR replace the kitten, once the kitten has been returned to the Seller.
Buyer is responsible for all transportation/shipping/delivery costs of the kitten, and the replacement kitten, if applicable. Seller will not be responsible for veterinary expenses incurred by the Buyer.
Seller reserves the right to have a second opinion provided by a veterinarian of their choice, at the expense of the Seller.
If the above-described kitten is discovered to suffer from a mild congenital defect unknown at the time of sale, which does not affect its lifetime or quality of life, there will be no compensation, refund, exchange, or return of the kitten.
There is NO guarantee against the Corona Virus or Toxoplasmosis Parasite, commonly found in cats. Every effort is made to keep kittens healthy & free from fleas/ticks/mites.
If the above-described kitten is found by a veterinarian to have a fatal genetic condition within one (1) year from the execution of the Health Guarantee, the Seller will refund OR replace the kitten. The Seller reserves the right to deny replacement and issue a refund instead.
If the kitten is alive, the kitten must be returned to the Seller prior to replacement or refund being issued.
If the kitten is deceased, the Seller must be notified in writing within two (2) weeks, and a necropsy must be performed by a qualified, licensed veterinarian, trained in such procedures. Such report must be provided to the Seller, stating that the above-described kitten died of a fatal congenital defect covered by the Health Guarantee.
Buyer Obligations and Agreements Buyer has read and agrees to all of the following:
Buyer agrees that he/she is not acting as an agent in the purchase of this kitten and the kitten will reside at the home of the Buyer.
Buyer agrees to keep the cat/kitten in a clean and pleasant environment, with a quality, species appropriate diet, fresh water, and health care.
Buyer agrees that the kitten will be introduced carefully and gradually to any other household pets. Rushing introductions typically has negative outcomes.
Buyer agrees not to leave the kitten unsupervised with animals that behave roughly or aggressively with the kitten.
Buyer agrees that the kitten will not be left alone for longer than twenty-four (24) hours at a time. If the buyer is away from the home for an extended period of time, the kitten will need to be boarded or cared for by a trusted friend, pet sitter, or family member to provide food, clean water, and attention.
Buyer agrees that the kitten will be provided with enrichment activities, such as toys and scratching posts.
Buyer agrees that the kitten is an indoor only pet.
Secured outdoors enclosures such as catios are ok, as long as food, clean water, and shade are provided. The kitten will not be left out in the enclosure in dangerous weather.
Outside time is ok with a harness and leash if supervised and secured by the buyer.
The kitten will not be left to roam freely outdoors.
Buyer agrees to never declaw this kitten. Declawing is the surgical removal of not only the nail but the removal of the first joint of each toe. Declawing provides no health benefit to the kitten or cat. This procedure has resulted in kittens and cats having detrimental effects, including both physical discomfort and emotional changes (i.e., aggression, litter box issues, etc.). Scratching posts should be provided for the kitten/cat, and generally they will use them. Cats require both vertical and horizontal scratching surfaces. If it is discovered the kitten or cat has been declawed without the express written consent of Seller for a documented medical reason for the kitten or cat, at ANY time during the life of the above-referenced kitten, legal action may be pursued against Buyer.
Buyer acknowledges that this kitten is sold as a pet only. Pets are to be altered by seven (7) months of age.
SpaySecure will handle all spay and neuter agreements. Buyer will sign a spay/neuter agreement with SpaySecure and agree to spay or neuter the kitten by 7 months of age and provide documentation to SpaySecure. Seller requires the kitten to be spayed or neutered by 7 months of age at the Buyer's expense. Buyer agrees to provide SpaySecure with proof of the spay/neuter. Once documentation is received, Seller will provide Buyer with the necessary documents to register their kitten with The International Cat Association (TICA) and access the kitten's pedigree. Failure to honor the spayed/neutered and non-breeding conditions of this contract can result in the Seller reclaiming the kitten without compensation to the Buyer and/or a fine of $1,000 for damages that will be paid to Seller by the Buyer. If necessary, legal action will be taken to collect damages and the Buyer will be responsible for all legal fees.
Buyer understands that this cat will not be sold, re-homed, or surrendered to another person or entity, without written permission from the Seller.
First Right of Refusal clause: If for any reason, Buyer is unable or unwilling to keep this kitten at any time, for any reason, the Seller must be given the opportunity to purchase this kitten back from the Buyer for the sum of $1.00 (One Dollar). The Seller must exercise their right of first refusal within fourteen (14) days of receipt of written notice from Buyer of their desire to no longer keep the above-referenced kitten or cat. If Seller accepts this kitten back, the kitten shall be returned to Seller's possession and control, and Buyer shall execute all necessary documents to transfer ownership back to Seller. Buyer will provide Seller with the kitten/cat's health records from their primary vet.
If Seller is unable to take said cat and Buyer has found an appropriate new home, Buyer will provide to Seller all pertinent information as to the placement of said cat (i.e., name, address, etc. of new Buyer).
Any person who improperly receives the above-referenced kitten does so subject to the right of Seller to claim the above-referenced kitten or cat.
Under no circumstances will this kitten/cat be sold, leased or given to any pet shop, research laboratory or similar facility.
Buyer acknowledges this as a lifetime commitment to this kitten/cat, and understands that a well cared for cat may live for 20 years or more.
If the Buyer has questions or needs help of any kind in caring for this cat/kitten, they may contact the Seller at any time for assistance.
Buyer and Seller agree to provide each other with updated address, telephone numbers, email, and other contact information within one week (7 days) if they relocate from the address and/or telephone numbers on this contract.
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.
Amendments to this Agreement It is mutually understood by both Seller and Buyer that any changes and/or additions to this Agreement must be made in writing and signed by both parties.
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. Each of the provisions of this Agreement shall be deemed an independent covenant. Any provision determined to be invalid or unenforceable shall be given such construction and meaning as to make that provision valid and enforceable while preserving as much of the effect of that provision as legally possible.
Buyer and Seller agree to waive trial by jury in all proceedings involving the interpretation or enforcement of this Agreement.
Cumulative. 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.
Seller's Right to Injunction. In the event of a breach by Buyer of the duties provided in Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, it is understood that Seller's reputation as a breeder of Norwegian Forest Cat kittens will be irreparably harmed and that Seller has no adequate remedy at law. Seller shall, therefore, have the right to bring an action in equity and to enjoin Buyer from engaging in the continuation of such practices or actions and also to recover reasonable attorney fees and costs of suit incurred in that action.
This Contract Is Made and Signed by Both Parties to Ensure the Well-being and Protection of this Kitten. This Contract Constitutes the Full Agreement Between Buyer and Seller. No Other Warranty, Verbal or Written, Is Implied.