Bahiya Bengal's Sample Contract
Buyer Agrees to the Following:
1. Under no circumstances will this cat or kitten be sold, leased or given away, or sold to any pet shop, or research laboratory.
2. This cat or kitten will be kept indoors or in a large, secure outside or inside run, and not be allowed to run freely outside.
3. This cat or kitten is being purchased as: PET BREEDER SHOW
4. If this cat or kitten is found to be neglected or mistreated, Buyer will surrender said cat or kitten to Seller, unconditionally. Any costs incurred by the surrender shall be the responsibility of the Buyer.
5. If purchased as a breeder with kitten back owed by Buyer, Seller agrees to provide registration papers for cat or kitten upon presentation of the kitten back.
6. If purchased as a pet, the buyer MUST spay/neuter the kitten by no later than 6 months of age. Seller must receive proof of spay/neuter at no later than 7 months of age. The Seller will then provide registration papers within 60 days of notification. If the Buyer fails to provide proof of spay/neuter to the Seller, all papers and registration are forfeited. If the above “pet” kitten is bred at any time, the buyer will surrender said cat or kitten to Seller, unconditionally as well as a fee of $500 per kitten produced by said cat. Any costs incurred by the surrender shall be the responsibility of the Buyer.
7. This cat or kitten is not to be de-clawed under any circumstances without written permission from Seller. All health guarantees are null and void if above kitten is de-clawed without permission from Seller.
8. If for some reason the cat or kitten can no longer be kept, the cat or kitten MUST be returned to the Seller unless other arrangements have been made and approved of by Seller.
Deposits:
A deposit (holding fee) is placed to hold a particular kitten for a buyer. All holding fees are non-refundable. The goal of our cattery is to place our cats/kittens in loving homes in a timely manner so they may bond with their new family. If a cat/kitten is held specifically for a buyer, a change of mind can quite often jeopardize the chance for that particular kitten to be placed in a home while still at a desirable age. The minimum required amount is two hundred dollars ($200.00) if the kitten is under six weeks of age. Breeder deposits are a minimum of ($500.00). At least one half the total purchase price shall be paid at the time the kitten is 8 weeks of age. When the sale of the cat/kitten is consummated, the holding fee shall be applied towards the balance owing on the purchase price.
THE BUYER becomes the owner of said cat/kitten upon Seller’s receipt of ‘Payment in Full’. ‘Payment in Full’ and receipt thereof supersedes a signed Sales Agreement being in the possession of the Seller. ‘Payment in Full’ will be held as a binding agreement to purchase said cat and will be held in lieu of a Sales Agreement being signed by Buyer and returned to the Seller. The cat/kitten will be cared for by the Seller until the arranged shipping date or until Buyer is able to take possession of cat/kitten. This period of care is not to exceed fourteen (14) days from date of sale. In the event this exceeds the time period stated, Buyer agrees to pay board on said cat/kitten at a boarding charge of five dollars ($5.00) per day unless otherwise agreed upon in writing. Boarding charges are to be paid in full prior to shipping or release of said cat/kitten. In case of inclement weather, preventing safe air shipping, seller agrees to hold cat/kitten at no charge to buyer until weather is suitable to safely ship
Shipping:
Costs are to be paid by the Buyer, when purchasing a kitten that must be shipped. Cat/kitten can be shipped ‘Freight Collect’ or ‘Prepaid’. If it is necessary to prepay the shipping costs, an estimate will be provided to the Buyer. The Seller, at the Buyer’s expense, will provide an airline-approved carrier of suitable size, at the cost of ($25.00). A Health Certificate is required (not to exceed 10 days prior to shipping) at the cost of ($25.00). Full payment of health certificate and carrier must be paid to the Seller prior to shipping, including shipping costs. Specific shipping arrangements will be determined in advance and confirmed to Buyer by Seller, with the cat’s/kitten’s best welfare in mind. This signed agreement must be returned prior to cat/kitten being shipped.
Health Guarantee, Refunds, Replacements, and Expenses:
See enclosed for vaccination records
There shall be no refunds of purchase price, shipping charges or other costs. There shall be replacement of the cat/kitten only under the circumstances provided below.
1)This cat or kitten is guaranteed to be in good health at the time of purchase to the best of the Seller’s knowledge, and the Buyer has four working days to have the cat or kitten examined by a veterinarian for FELV or FIV should the Buyer so desire. Buyer has three days to report any questionable findings by a veterinarian to the Seller. If the kitten or cat is found to be medically deficient with an untreatable or life-threatening problem, it will be replaced with another kitten or cat of equal value. The Seller has a minimum of 6 months to a year to provide a replacement kitten of equal value. If at that time, the Seller is unable to provide a replacement kitten, a refund will be given. The cat or kitten cannot be returned for a replacement after the guarantee period has expired and/or if it has been exposed to another cat or allowed outside during the replacement period. The Seller will not replace any cat or kitten that has not received adequate and appropriate care from its new owner. It is the responsibility of the Buyer to provide immediate Veterinary care (at the Buyer’s own expense) to any cat/kitten showing signs of illness or distress and failure to do so will render any guarantee null and void.
2) Under no circumstance is a cat or kitten to be destroyed prior to notification by the Buyer to the Seller except in a situation where it is deemed the cat/kitten is suffering and euthanasia is the only option. Any cat/kitten for which the Buyer expects replacement must be returned to the Seller (at the Buyer’s expense) so that identity of the cat/kitten can be verified. “Unsound health” shall be defined as any condition which is “life threatening or "incurable” and shall not include curable conditions or infections such as colds, viral, or bacterial infections.
3) This cat or kitten is guaranteed against congenital defects for three full years. Should the cat die within that time as a direct result of a congenital defect, the cat will be replaced ONLY if a licensed vet performs an appropriate necropsy, and a vet's certificate is provided as proof of cause of death. Bahiya Bengals will replace said kitten/cat with one of equal quality.
THE BUYER assumes responsibility of all expenses incurred in relation to the cat/kitten after said cat/kitten leaves the possession of the Seller, as well as any expense incurred at the request of the Buyer before the cat/kitten leaves possession of the Seller. If for any reason the cat/kitten is returned to the Seller, BUYER agrees to pay all expenses, including shipping costs.
This kitten will receive excessive amounts of tender loving care, will be fed the best possible diet, will receive substantial amounts of entertainment, and will be treated with the utmost respect so that he/she may realize his/her full potential.
Buyer’s signature indicates full agreement of all above conditions.
Breeding and/or Show Cats:
There are no guarantees given on show achievements of kittens/cat. Seller verifies that there are no precluding reasons why a kitten/cat sold with breeding rights should be unable to produce/sire normal. If however, a kitten/cat sold with breeding rights is unable to sire/produce young after two years of age and several breeding attempts with proven fertile cats, tests will be done at the expense of the new owner to determine fertility. If testing finds this cat to be sterile, the cat is to be returned to Seller and the Seller will replace said kitten/cat with one of equal quality. There is no guarantee against pyometra and anything used to affect fertility such as use of birth control medication will void this guarantee.
If this kitten/cat is purchased with the intent to breed, the Buyer MUST HCM test their cat through a CERTIFIED cardiologist echocardiogram before being bred. As long as this kitten/cat remains as a breeder- the testing must be continued on a yearly basis. All results, good and bad, MUST be reported back to Seller along with proof of testing. It is highly suggested to continue to screen your breeder cats even after they have been retired- at least every couple of years. The more breeders who screen their cats, the more awareness others will have when working with various pedigree lines.
Show cats are sold with the understanding they are free of disqualifiable faults as well as tail faults, rib faults, and lockets. We have the following RESTRICTIONS on all intact, unaltered Breeding cats/kittens sold:
1) This kitten may not be resold with breeding rights, and may not be leased or co-owned at any time. Should the Buyer decide to sell this cat, the cat must be neutered/spayed first and sold as a pet or show alter only.
2) The minimum housing requirement for a Breeder is 6 feet by 6 feet
3) Breeder males may not stand at outside public stud. The Seller must OK any outside breedings done to any other than the Buyer’s own cats as registered.
4) Any kittens produced by a Breeder cat as defined here in this contract must have the following restrictions placed on them under the contract:
A) No offspring of the cat/kitten as sold here as a Breeder/Show cat may be resold, traded, given away, or re-homed or placed while intact/unaltered into any other Program. They cannot be housed on any other premises except their original Buyers', and all kittens must be sold under a similar contract as this.
B) ALL pets produced by the Breeder/Show cat/kitten as identified here, must be altered or sold under an altering agreement under contract if going to pet homes.
C) Minimum housing requirements of 6 foot by 6 foot square also transferred to any Breeder/Show offspring of the cat/kitten outlined in this contract.
D) Breeder/Show males produced by Breeder/Show cats/kittens originally sold here may not stand at public stud unless their Seller gives permission.
