Enchanting Eyes Contract
For Purchasing Kitten or Cat
Printable PDF Contract (opens in new window)
Breed:_________________________________
Color:___________________________________
Sex:_____________________________________
Description of Kitten or Cat_________________________________
_____________________________________________________________
Date of Birth:_____________________
Date of Sale:________________________
Purchase Amount:____________________
PERSONAL INFORMATION
Name of Purchaser (print):_________________________________________
Address:____________________________________________________________
Phone:_______________ E-mail:_____________________________________________________
Name of Seller (print):_____________________________________________
Address:_______________________________________________________________
Phone:_______________ E-mail:_______________________________________________
Purchaser certifies that this information is true and accurate.
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The purpose of this contract is to protect all parties: the purchaser, the seller, and the cat or kitten. If there are any problems, questions, concerns, or issues that you need help with, ______________ is always here. We want the adoptive parent(s) and/or family to be completely happy with the new kitten and his or her transition to the new home.
Transitioning is easy for some kittens but more difficult for others, and kittens/cats handle stress in various ways. If there are ANY issues please call , who will provide you with all the help she can to make this time easier for the new parents and the kitten.
TERMS OF CONTRACT
DEPOSIT
You have signed, agreed to and paid the deposit as per the separate deposit agreement.
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METHOD OF PAYMENT
PURCHASE OF CAT
Payment for the cat must be provided in the form of cash, cashier’s check, or money order. The payment shall be made in U.S. currency. The purchaser will pay all travel and shipping expenses. Should the seller agree to help transfer the cat in person, any mileage will be at the expense of the purchaser.
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HEALTH GUARANTEE
The seller will provide purchaser with documenting vaccinations, deworming’s, and blood tests. All adult cat and kitten care is provided by
Veterinarian:________________________________
Veterinary Practice:__________________________
Address:_____________________________________________________________________
Phone:____________________________________
The seller guarantees the kitten to be in good health at the time of purchase for a period of 48 hours. It will be the responsibility of the purchaser to have the kitten examined by a veterinarian within 48 hours. Within that 48 hour period, if found to be seriously medically deficient, the seller will take the kitten back and refund payment, less the deposit and any shipping charges, under the following conditions: the seller is provided with proper documentation, from a licensed veterinarian, stating the medical issue and that the cat is seriously medically deficient; a second examination by a veterinarian of the seller’s choice corroborates these claims. This cat/kitten is not guaranteed against respiratory disease, fleas, ringworms or any nuisance disease. After the 48 hour period, the seller can no longer guarantee the cat’s health, except for birth defects
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The seller guarantees the cat against lethal genetic or congenital defects for 6 months following the date of purchase. If, during these 6 months, the cat should die or have to be destroyed due to a genetic or congenital defect, the seller will replace the cat/kitten with a cat/kitten at the seller’s earliest convenience, should the following conditions be met: the purchaser provides the seller with a necropsy by a licensed impartial Veterinary Pathologist, at the purchaser’s expense, stating that the cause of death is unquestionably a genetic or congenital defect; a second examination by a veterinarian of the seller’s choice corroborates these claims.
Initial_______________
Seller assumes no liability or responsibility for any veterinary care for this cat after the purchaser takes possession of said cat. Under no circumstances will the seller be responsible for any veterinary bills incurred by the purchaser.
Initial______________
Spay/Neuter Agreement
This cat is being sold with no breeding rights and on a spay/neuter agreement.
Initial________________
The buyer agrees that the kitten will be spayed/neutered by the time the kitten reaches five lbs. or six months of age, whichever comes first, at buyer’s expense.
Within three months of receiving the kitten, purchaser will provide the seller with either documentation of the spay/neuter appointment or the veterinarian’s guarantee that the appointment exists and will be carried out. Proof (e.g., veterinary bill, phone call from veterinarian) that the cat has been sterilized must be provided before the cat reaches six months of age. If the cat is not spayed/neutered by five lbs. or six months of age and/or proof of sterilization is not provided, seller will enforce breach of contract for the maximum dollar amount.
Initial________________
PURCHASERS VETERINARIAN INFORMATION
The purchaser must provide the name and contact information of the cat/kitten’s new veterinarian before transfer of ownership will take place. Should the purchaser refuse to complete the section below, he or she will forfeit both the ownership of the kitten as well as the deposit. If, after purchase of and transfer of ownership of the kitten has taken place, it should surface that the information provided below was or is fraudulent, breech of contract will be enforced. In the event that a new veterinarian or veterinary practice takes over the kitten/cat’s veterinary care, at any point during the kitten/cat’s life, the purchaser agrees to provide the seller with the updated information. The Seller reserves the right to contact the purchaser’s veterinarian at any time during the kitten/cat’s life.
The Seller agrees that the purchaser will be able to discuss freely the kitten/cat’s health information, sterilization status, and well being with the purchaser’s veterinarian; due to privacy matters, the purchaser agrees to notify his or her veterinarian as to this agreement.
Initial______________
Name of Veterinarian:___________________________________
Name of Veterinary Practice:_________________________________
Address of
Practice/Veterinarian:__________________________________________________________
Phone number of Practice/Veterinarian:________________________
Date or Tentative Date of Appointment for Spay/Neuter:__________________
Purchaser certifies that this information is true and accurate.
Initial______________
TREATMENT OF CAT
Under NO circumstances shall this kitten be de-clawed. Declawing is amputation and is often the cause of litter box problems (“inappropriate elimination”). This can lead to abuse or abandonment of the cat/kitten, a risk that the seller is not willing take. The purchaser agrees to, under no circumstances, allow the cat to be declawed.
Initial______________
Under NO circumstances shall this kitten/cat be permitted to live outdoors.
Initial________________
Under NO circumstances shall this kitten/cat be tattooed, pierced, or undergo any unnecessary “fashionable” body modification.
Initial____________
The new cat should be confined to a private room with toys, food, the kitten’s litter box, and plenty of human contact until accustomed to his/her new surroundings.
Seller will provide a list of the foods and supplements the cat has been eating.
Please be careful that his or her diet is not changed drastically. The seller will make her best effort to send home a sample of what the cat is eating, as well as a bag of litter and a bottle of the litter box cleaning solution the seller uses to help purchaser through the first few days.
RELINQUISHMENT OF OWNERSHIP OF CAT OR PERMANENT TRANSFER OF CAT BY PURCHASER
The purchaser agrees that under NO circumstances will the kitten/cat EVER be sold or given to a pet shop, animal shelter, research laboratory, or similar facility.
Should the purchaser, for any reason, including death, not be able to keep the above kitten, the seller will be given the first option of rescuing the cat.
Initial____________
If the buyer has a living trust, the previous clause must be made note of in the trust; if the seller deems another interested party (e.g., family member of buyer; close friend of buyer) a desirable and willing owner, the seller will seriously consider transferring ownership of aforementioned cat.
Initial___________
If the buyer decides that he or she no longer wants the cat, regardless how many years have passed since purchase of the cat/kitten, the seller will be given the first option of rescuing the cat.
Initial______________
BREACH OF CONTRACT
In the event the purchaser is found to have violated any of the terms and conditions of this contract, the cat is to be surrendered unconditionally to the seller. Seller may reclaim physical and legal ownership of cat with or without due process of law for any breach of contract with no refund of purchase price.
Initial____________
In the event the purchaser is found to have violated any of the terms of this contract, purchaser shall be liable to the seller for damages in the amount of two times the purchase price of said cat/kitten, plus expenses for veterinarian care upon return of cat/kitten to seller and all attorney, legal and related miscellaneous fees that result in litigating this contract. Any legal action, which may arise under the terms of this contract, will be brought in the county/city of seller’s residence.
Initial_____________
ATTORNEYS FEES AND OUT-OF-POCKET COSTS
Should Purchaser breach this Contract, Purchaser is responsible for any and all costs resulting from the litigation of this Contract, the amount of purchase of kitten, shipping expenses, associated veterinary expenses, and any damages caused to the reputation of seller.
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EXCLUSIVE JURISDICTION FOR SUIT IN CASE OF BREACH
Any legal action that may arise under the terms of this Contract will be brought to County, or the Seller’s current place of residence. The Purchaser and Seller, by entering into this Agreement, submit to jurisdiction in Illinois, or the Seller’s current place of residence, for adjudication of any disputes and/or claims between the parties under this Agreement. Furthermore, the Purchaser and Seller hereby agree that the courts of County, _________, or the Seller’s current place of residence, shall have exclusive jurisdiction over any disputes between the parties relative to this agreement, whether said dispute(s) sounds in contract, tort, or other areas of the law.
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STATE LAW
This Agreement shall be interpreted under, and governed by, the laws of the state of Illinois.
INTEGRATION
There are no other conditions or guarantees, verbal or implied. No verbal deviations or additions are valid. No other warranties or guarantees are provided other than those specifically outlined in this Contract. All prior agreements, representations and warranties, express or implied, oral or written, with respect to the subject matter hereof, are hereby superseded by this contract.
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SEVERABILITY
In the event any provision of this contract is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this contract so as not to cause the invalidity or unenforceability of the remainder of this contract. All remaining provisions of this contract shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
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MODIFICATION
Except as otherwise provided in this document, this agreement may be modified, superseded, or voided only upon the written and signed agreement of the Purchaser and Seller. Further, the physical destruction or loss of this document shall not be construed as a modification or termination of the agreement contained herein.
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ACKNOWLEDGEMENT OF DEPOSIT PAID AND ACCEPTANCE OF CONTRACT
Purchaser and seller signatures that appear immediately below indicate that the seller has received the deposit and the purchaser has agreed to the terms of this contract. This portion serves as the Purchaser’s receipt for the deposit. This document is a legally binding contract. In signing this document the Purchaser acknowledges that he or she has read, fully understands, and agrees to ALL of the terms and conditions stated above.
Name of Purchaser (print):_______________________________
Purchaser signature: Date:_____________________________
Name of Seller (print):_______________________________________
Seller signature: Date:_________________________________________
TRANSFER OF OWNERSHIP OF KITTEN AND RECEIPT OF SALE
Purchaser and seller signatures that appear immediately below indicate that the kitten/cat has been sold and is now the property of the purchaser.
Name of Purchaser (print):________________________________________
Signature of Purchaser: Date:______________________________
Name of Seller (print):____________________________________________
Signature of Seller: Date:________________________________________
Printable PDF Contract (opens in new window)