Grace Siberian Forest Cats
Hypoallergenic Kittens Bred to Royal Purr-fection
Sale Contract Agreement
Kitten/Cat Contract
Grace Siberian Forest Cats
Shawna Barry - Owner
gracesiberians@yahoo.com
(360)871-7777
Health Guarantee & Sales Contract
This Agreement is made and entered into this ___ day of ______________________ and between Grace Siberian Forest Cats, Shawna Barry, (hereinafter known as Seller ), and _____________________, (hereinafter known as Buyer ).
Seller agrees to sell, and Buyer agrees to buy, one pedigreed Grace Siberian Forest Cat Kitten or Cat described as follows:
Microchip #:
Date of Birth:
Sex:
Color:
Price:
Sold as: Pet Only
SIRE:
DAM:
***The Seller uses pine pellets for litter. The seller feeds Wellness dry kitten food and Wellness wet kitten food. Kitten should be feed kitten food up to 1.5 y old, then Wellness adult food. Change of food can cause poor appetite, loose stool, intestine irritation, and dehydration, Buyer is advised against changing kittens food. We keep dry food out 24/7. Wet food fed 2 times a day. If the Buyer decides to change food it should be done at 25/75, 50/50, 75/25 ratio throughout 10 days. Buyer to provide fresh water every day. No weight diets until the female kitten is 14 lb. at 5 yrs old and the male kitten is 16 lb. at 5 yrs old.
1. Payment:
The purchase price for a companion kitten will be $_______. The total amount due must be paid in full one 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, Venmo, Zelle.
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.
2. 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 provide Buyer with a kitten of "like-quality and price" from either an existing litter or from an upcoming litter as outlined in paragraphs below.
Such replacement to Buyer of a kitten of "like-quality and price" shall be made within two (2) years from the date the original deposit was accepted by Seller.
If the Seller does not have a replacement kitten available within two (2) years 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 Grace Siberian 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.
3. Health Guarantee:
Seller has a limited health guarantee for one year from birth date of the kitten against death from congenital birth defects HCM (Feline Hypertrophic Cardiopathy) and PKD (Kidney Polycystic Disease). In the event that a genetic defect is found by a licensed Veterinarian within the health guarantee period, Grace Siberian Forest Cats will replace the kitten with another kitten of equal value within 24 months of receiving the autopsy results. (Autopsy is required and should have the following info: the name assigned at the cattery microchip number, color, and gender. Guarantee is voided if all requested information is not provided within 48 hrs. of Autopsy) No Further guarantee is made or implied. The guarantee does not apply to parasites or viruses as these are generally easily treatable. Health guarantee does not apply to injuries. Kittens and Сats are living creatures and as such may become injured or ill at any point in their life. The free replacement does not include shipping or any other associated costs.
Veterinarian Exam:
Buyer must take the kitten to their veterinarian at buyer’s expense within 48 hours of purchase. Buyer must activate Trupanion Kitten Insurance within 24 hrs. Failure to take the kitten to a veterinarian or activate the free 30 day Trupanion Health insurance within the specified time frames will result in this health guarantee being null and void. If the kitten is found to be sick within 48 hours, the owner should immediately contact Grace Siberian Forest Cats and arrange for the return the sick kitten. All applicable veterinary findings must be in writing by the veterinarian, on the clinic's letterhead, and dated, with kittens microchip number to be considered for refund or replacement provided. If the new owner wants to keep the kitten, then the new owner pays all the vet bills. The buyer acknowledges that it is not uncommon for a Cat to develop sneezing and watery eyes or diarrhea/constipation from the stress of leaving/entering a new home. Stress-induced illnesses are not to be considered significant health concerns and are not included in this warranty.
Grace Siberian Forest Cats sells kittens only as indoor pets. Being an outdoor pet voids the health guarantee.
*After 48 Hours, Breeder cannot be held accountable for FeLV, FIV, FIP, or any other bacterial and viral infections, infectious diseases, parasites, fungus, upper respiratory infections, internal and external parasites due to the fact that these can be contracted anywhere in the environment after leaving the cattery and are not a result of genetics or breeding. An kitten\cat may not be determined unfit for sale on account of an injury sustained or illness contracted after the consumer takes possession of the animal. A veterinary finding of intestinal or external parasites is not grounds for declaring a kitten/ cat unfit for sale.
Refunds and Replacements - For Kitten in Buyer's Possession
The kitten must be isolated from all other animals prior to their initial 48 hour veterinary visit, otherwise the Health Guarantee is null and void. The Buyer has 48 hours 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, with kittens microchip number 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 48 hours and is found to have a fatal genetic health problem that will affect the lifespan or quality of life of the kitten, the Seller will replace the kitten within two 2 years, once the kitten has been returned to the Seller.
If the above-described kitten is discovered to suffer from a mild congenital defect unknown at the time of sale (discovered by a licensed veterinarian within 48 hours of kitten going home) which does not affect its lifetime or quality of life, there will be no compensation, refund, exchange, or return of the kitten.
If the kitten is alive, the kitten must be returned to the Seller prior to replacement 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 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.
There is NO guarantee against Allergies, Kittens allergies to food or environmental intolerance or allergies.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.
4. Buyer Obligations and Agreements
Buyer has read and agrees to all of the following:
Buyer accepts the responsibility of caring for the kitten and will provide properly for its welfare.
Buyer also agrees to have their veterinarian give ONLY one vaccination at a time to protect the Сat’s immune system. Over vaccinating is not suggested.
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.
Seller requires the kitten to be spayed or neutered by 7 months of age at the Buyer's expense. Buyer agrees to provide 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 $2,000 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 agrees to provide 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.
5. Cumulative Remedies:
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 above Paragraphs it is understood that Seller's reputation as a breeder of Grace Siberian 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 court costs of suit incurred in that action.
Both parties agree that any disputes will be solved privately. Issues will NOT be aired in public forums including, but not limited to, Yahoo, Instagram, Facebook sites, Redditt, Yelp or any other social medium platform. This INCLUDES the use of the parties dispute as examples of hypothetical situations, or as examples of possible disputes in these public forums.
Any violation of this clause by the Buyer shall inquire a penalty fee starting at $5000 for breach of contract, fine payable to Grace Siberian Forest Cats. The more the slander and defamation, the more the breeder will seek compensation.
If there is an issue that should arise, then the buyer and the seller agree that any issue arising will be worked out together to the best of our abilities. In the event any incident(s) can not be resolved, court papers will be filed with you the buyer responsible for ALL of the breeders legal cost, litigation fees, etc, within the county that the breeder resides in. This agreement is only in place to help prevent unnecessary litigation etc. Legal action will only be taken if there is a point where there are no other options and buyer and seller have BOTH exhausted all other avenues.
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.
Breeder Signature : Shawna Barry