Kitten Sale and Purchase Agreement with Health Guarantee

INTRODUCTION and PARTIES:

Thank you for the purchase of your new family member from us.  We welcome you into our Sphynx family.  Your purchase from Savvy Cats, LLC includes a lifetime health guarantee for your peace of mind, as detailed below.  We want you to enjoy your kitten and love your kitten as much as we have.

The following Sale and Purchase Agreement (hereinafter “the Agreement”) is between Savvy Cats, LLC (hereinafter “Broker”) and___________________________________________, hereafter referred to as “Buyer” (Broker and Buyer collectively referred to hereinafter as the “Parties”) for the sale and purchase of one kitten (hereinafter the “Kitten”) of the Sphynx or Miane Coon breed identified and described hereinbelow. 

DESCRIPTION OF KITTEN:

Name:                                                   Breed: __________________________ D.O.B: ________

Gender:___________           Color:___________________________________________

King:__________________________    Queen:_________________________________

TERMS AND CONDITIONS OF SALE

The Kitten will become the property of the Buyer in flesh as well as title upon the fulfillment of the following conditions:

1.         The purchase price of $ _________________ shall be paid by the Buyer to the Broker with certified funds or such other payment method as the Parties agree to, to be paid as follows:  A deposit of $___________ (non-refundable) shall be made on (date) ___________, the deposit date, and the kitten will be held until (date) ___________, the pick up date.  On or before the pick up date, the remaining balance of the purchase price, $_____________, must be paid in full.  If the purchase price is not paid in full on or before the pick up date, the kitten shall not become the property of the Buyer and the non-refundable deposit is forfeited to Broker, and Broker shall be free to make alternate arrangements for the sale and placement of the kitten.

2.         On the pick up date, the Broker shall make the Kitten available for the Buyer to retrieve.  The Buyer must have a safe method of transportation to transport the Kitten before the Broker shall be required to turn over the Kitten to the Buyer.

3.         The Broker shall have the right, but not the obligation, to videorecord the pick up of the Kitten to document the health condition of the Kitten, to document the appearance of the Kitten and identity of the Kitten, and to document the safe method of transportation being offered by the Buyer to transport the Kitten.  Buyer agrees to the free, fair, and unrestricted use of such video recordings by Broker in advertisements. 

4.         The Broker shall supply the Buyer with Received Quarantine Guidelines and New Kitten Protocol and Kitten Supplies List.  The Broker strongly recommends Buyer strictly follow all details showing in the Received Quarantine Guidelines and New Kitten Protocol and Kitten Supplies List.

HEALTH GUARANTEE AND RETURN POLICY

5.         The Broker guarantees the Kitten to be healthy at the time of the sale.

6.         Broker cannot guarantee adult size, color, hair coat, temperament, or trainability of kitten.

7.         Broker does not assume any liability for any injuries made to the Kitten after delivery due to the negligence of the buyer or due to any other factor outside the control of the Broker.

8.         Buyer agrees to have the Kitten examined by a veterinarian within three (3) days of the pickup date in order for the Broker’s return policy to be enforced.  If the Buyer fails or refuses to have the Kitten examined by a veterinarian within three (3) days of the pickup date, then Buyer shall not be eligible for a replacement kitten or refund.  All veterinarian fees and expenses shall be Buyer’s sole responsibility.

9.         If the Kitten is found to be in poor health and such is shown in the written opinion of a veterinarian who examined the Kitten within three (3) days of the pickup date, the Buyer shall notify Broker of the veterinarian’s opinion and provide a copy of the written opinion to Broker within three (3) days of receiving the veterinarian’s opinion.  If the Buyer fails or refuses to notify Broker and provide a copy of the written opinion to Broker within three (3) days of receiving the veterinarian’s opinion, then Buyer shall not be eligible for a replacement kitten or refund.

10.      Broker shall not be obligated to provide a replacement kitten or refund to Buyer without strict compliance by Buyer with the terms and conditions of this Guarantee.   Broker reserves the right to take the Kitten to a veterinarian for a second opinion, and if the Kitten is found to be in good health, then the Buyer shall be entitled to retrieve the Kitten from Broker and the Buyer shall not be entitled to a replacement kitten or refund.  Upon strict compliance by Buyer with the terms and conditions of this Health Guarantee and Return Policy, Broker shall have sole discretion to choose whether to offer Buyer a replacement kitten or offer Buyer a refund.

11.       Buyer agrees that all documents given to Buyer by Broker at the pickup date shall be returned to Broker upon the exchange of the Kitten for a replacement kitten or for a refund in order for Buyer to be eligible to exchange the Kitten or receive a refund. It is Buyer’s sole responsibility to transport the Kitten to the Broker to exchange the Kitten for a replacement kitten or to exchange the Kitten for a refund.

12.       Seller shall not be responsible for any vet bills incurred by buyer. Seller shall not be responsible for any medical expenses incurred by Buyer.

13.       Buyer acknowledges that owning a kitten entails trips to the veterinarian and accrual of necessary fees and expenses. Buyer understands that Buyer solely will be responsible for any and all veterinarian expenses and other expenses associated with the Kitten beginning on the pickup date.

14.       Broker shall ensure that on or before the pickup date the Kitten shall be current on vaccinations and deworming. Buyer acknowledges that the Kitten shall require more vaccinations and deworming, and Buyer shall ensure the Kitten receives all vaccinations and deworming required to maintain the Kitten in good health beginning on the pickup date.  Buyer acknowledges that though the Kitten is current on vaccinations as of the pickup date, more shots shall be needed to provide the Kitten with immunity to disease.  A record of the Kitten’s vaccination history shall be provided to Buyer at the pickup date.

15.       Broker shall provide a 2 year genetic health guarantee. Should the kitten expire during ownership of Buyer DUE TO A GENETIC DEFECT PASSED DOWN TO THE KITTEN BY A PARENT OF THE KITTEN, Broker shall replace the Kitten with a replacement kitten under the following conditions:

a.  The genetic defects and life-threatening diseases for which the Kitten shall be replaced upon strict compliance by Buyer with the terms of this guarantee are genetic defects and life-threatening diseases afflicting the Kitten’s Kidney, Heart, Pancreas, Spine and Liver conditions.

b.  This guarantee shall not include any replacement kitten upon the diagnosis of the Kitten with Coccidia, Demodex, Giardia, common respiratory conditions (whether caused by bacteria or otherwise), Cherry eye, entropion, ectropion, allergies, fertility issues, parasitic, fungal, or bacterial infection, respiratory infection, any zoonotic disease, and/or hernias.

c.  Buyer agrees that should the Kitten expire for unknown reasons and Buyer requests a replacement kitten pursuant to this Agreement, an autopsy shall be performed on the Kitten at the Buyer’s expense, and a written statement shall be provided to the Broker by the veterinarian conducting the autopsy to show the exact cause of death of the Kitten. If the kitten expired due to the negligence of the owner, due to any factor outside the control of Broker, or due to any factor not related to a genetic defect passed down to the Kitten by a parent of the Kitten, then a replacement kitten shall not be provided.

d.  If the Kitten is found to have a life-threatening genetic disease within the ownership by Buyer, such disease being detailed in a written statement provided by the diagnosing veterinarian at Buyer’s sole expense, then a replacement kitten shall be provided by Broker.  Broker shall not be liable for any veterinarian bills incurred in the process of diagnosing or examining the Kitten for any life-threatening disease.

e.  Buyer shall return any and all registration papers pertaining to the Kitten to Broker.  Broker shall be under no obligation to provide a replacement kitten to Buyer until all such papers are returned to Broker. 

16.       Broker shall not be responsible for any loss or death of the Kitten if the Kitten has been put under (whether for surgery or for any other reason) and has died.

17.       Buyer agrees to take all reasonable actions necessary to maintain the Kitten’s health in good condition, and to provide yearly examinations, vaccinations, and any other customary procedures necessary to assure good health.  Broker warrants that everything reasonably possible has been done to produce a healthy, sound kitten and has raised the Kitten in the best way possible in regard to diet, exercise, socialization and veterinarian care.  Broker is not responsible for the results of the transmission or potential transmission of any disease transmitted from the Kitten to the Buyer or any third party or any other animal, and Broker is not responsible for the results of the transmission or potential transmission of any disease transferred from the Buyer or any third party or other animal to the Kitten, whether a zoonotic disease or any other type of disease.

OWNERSHIP RESPONSIBILITIES

18.       The Buyer shall maintain the kitten in a humane environment and properly train and care for the Kitten, providing the Kitten with quality food, water, shelter, and veterinarian care for the entire life of the kitten.

19.       The Buyer shall ensure the Kitten shall be properly licensed and inoculated against rabies, distemper, leukemia, and other communicable diseases as recommended by a qualified veterinarian.

20.       The Buyer shall not allow the Kitten to roam or stay as an outside cat one hundred percent (100%) of the time.

21.       The Buyer shall ensure the Kitten will be socialized and trained appropriately.

RIGHT OF RECOVERY/PLACEMENT

22.       If, for any reason whatsoever, the Buyer cannot or does not wish to maintain custody and possession of the Kitten at any time during the Kitten’s lifetime) the Buyer shall notify Broker immediately of such case.  The Broker shall assist the Buyer in rehoming and placing the Kitten.  The Broker shall always accept the Kitten at no cost to the Buyer if the Buyer chooses not to retain possession and ownership of the Kitten, and upon such return the Buyer shall return all documents provided to Buyer at the pickup date. The Broker wishes to make sure that this cat is well cared for and placed in a proper environment for its whole lifespan.

The Buyer shall NOT sell the Kitten to any subsequent buyer or rehome the Kitten to any home other than Buyer’s home without written consent from the Broker.

VIOLATION OF AGREEMENT

23.       Violations of the terms of this Agreement, or any of them, shall render all guarantees stipulated in this contract otherwise benefitting the violating party to be null and void.

24.       In the event any disagreement between the Parties pertaining to this Agreement results in legal action, the Buyer is responsible for all court costs absent a factfinder finding by clear and convincing evidence that Broker committed fraud or acted in bad faith.

OTHER TERMS

25.       Buyer agrees that he/she has read and fully understands the terms and conditions of this contract.

26.       The Parties acknowledge that any breach of this contract by Buyer would be detrimental to the name and reputation of the Broker and result in damages by the Broker.  The Parties acknowledge that any negative comments or reviews by Buyer against Broker would be detrimental to the name and reputation of the Broker and would cause damages to the Broker.  In the event Buyer breaches this Contract or makes or causes to be made any negative comments or review about Broker, then the Parties agree that Broker shall be entitled to an award of damages to include five (5) times the purchase price of the Kitten, and to include reasonable attorney’s fees, court costs, and the return of the Kitten.

27.       Any dispute arising as to the meaning or applicability of any provision of this Agreement, or any alleged breach thereof, shall be submitted to the Superior Court of Henry County, Georgia and the Parties agree to jurisdiction and venue being proper in the Superior Court of Henry County, Georgia to resolve all disputes pertaining to this Agreement and its provisions.

28.       This Agreement and all provisions thereof shall be governed by the laws of the State of Georgia.

29.       If any delay occurs in either party performing any duty required by the terms of this agreement and such delay is the direct result of a storm or other weather phenomenon, power outage, lockdown, quarantine, Act of God, act of terrorism or war, or other event outside the control of either party, such delay shall toll the time requirement for such party for the duration of such event.