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SAMPLE CONTRACT

This contract made this ______________ of 2009 is between: 

Breeder/ Seller:

Buyer :________________________Address__________________________________

 _________________________,     Phone  (________) -_________-__________

For the sale of a {M} {F}__________________________ (Himalayan)  (Persian) born __________________ for the express purpose of a pet/ NON-breeding cat.

Sale Price  $______ to be made certified funds to Seller upon pick up. (To hold a kitten until it is ready to go a non refundable deposit of $300 will be collected.)   No kitten will be allowed to leave Breeder/Seller's premises until payment, in full, has been made and all funds have cleared.

 

Conditions of sale;

•  Breeder guarantees that the cat listed above is a purebred and is eligible for registration in Cat Fanciers Association .

•  Breeder guarantees this kitten has been vaccinated and wormed as recommended by the Breeder's licensed Veterinarian, and a health certificate from a licensed Veterinarian will be provided at time of sale.

•  Buyer agrees to have the above kitten/cat examined by a licensed veterinarian of their choice within 48 hours of sale.  Buyer agrees to seclude kitten from other pets until seen by their veterinarian as set forth herein.

•  Breeder guarantees against genetic defects in kittens, that are less than three months of age when sold, that will result in its death within the first year of the kitten's life.  Upon necropsy results, Breeder will replace to Seller a kitten of Breeder's choice.  No other warranties or guarantees, including any warranties for fitness for a particular purpose, are made including, but not limited to, guarantees for any other genetic defects or diseases and Buyer hereby waives their right to same.   

•  Breeder does not guarantee against ringworm fleas, fungus, mites or any exposure to FeCV, as they are common or any other diseases or genetic defects . Every effort has been made to ensure that the kitten was free from such illnesses prior to the date of sale.  

•  Kitten colds can occur when a cat/ kitten is under stress; like going to a new home. Symptoms include sneezing, watery eyes, and loose stools. If symptoms become serious, prompt veterinary attention is required at Buyer's cost and responsibility.   Seller is not responsible for any such illnesses of the cat/kitten.

•  Administration of the FELV or FIV vaccinations will render any guarantees or claims against Breeder void.

•  Buyer Agrees that under no circumstances will the above cat/ kitten be sold, leased, used for breeding, or given away to a Humane Shelter, research facility or similar facility AT ANY TIME during the life of the cat.   If the cat/ kitten cannot remain with the buyer, Buyer agrees to immediately give notice of same and contact Breeder who will strive to assist Buyer in finding it a new home.  Sold kittens/ cats cannot be boarded or returned to Breeder once they have been picked up or have left the premises.

•  All cats/ kittens are to be spayed or neutered.  Buyer agrees to spay/neuter the kitten within 6 months of purchase date.   Blue slips will be sent upon receipt of spay/neuter. Multiple cat households must provide seller with proof of spay/neuter of other cats residing in the home. An additional fee of $100.00 is required for blue slips, and must accompany the request and proof of spay/neuter(s). Requests are void after kitten is 6 months of age.

•  If the cat/kitten is not spayed or neutered within 6 months of the purchase date Buyer is in default and is strictly liable to Breeder for same.  Further, if Buyer breeds said cat, AT ANY TIME, even if breeding occurs prior to the neuter/spay date, Buyer will have defrauded Seller as the above cat/kitten is sold for the express and sole purpose of being a pet.   In the event of breach by Buyer including the breeding of the cat, Buyer will be liable to Seller for damages including, but not limited to: damages for interference with Seller's business; damages to Seller's reputation; treble damages for fraud; punitive damages; legal fees and costs; and all other damages including, but not limited to, any monies received by Buyer for breeding or selling the subject cat, its offspring or its breeding rights.   In the event damages cannot be quantified, damages will be deemed liquidated in the maximum amount allowed by law plus treble damages for fraud, punitive damages, and all legal fees and costs.

•  Breeder reserves the right to cancel this contract, and/or refuse sale at any time prior to pick up.  In this case, the deposit will be returned. Buyer agrees to a NON REFUNDABLE deposit, and views it as a commitment to the kitten. Any kitten not picked up within 7 days of agreed time, will be forfeited (no reimbursements made) and Breeder is permitted to resell the kitten.

•  The parties herby agree that the Laws of the State of NJ shall govern this contract. Any and all claims and/or disputes shall be exclusively venued and brought in the Superior Court of NJ, Sussex County. Buyer hereby agrees to the jurisdiction of the Sussex County Superior Court and the choice of NJ Law and waives any and all defenses to the same regardless of place of domicile. Buyer further agrees to accept the service of process by mail.

By signing this contract, buyer is stating that he/she has read, understands and agrees with the terms set forth in this contract.

________________________________                          ________________________

Breeder                                                     Buyer:   

 

 

 

 

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