Neshama Sheli Cattery Kitten/Cat Contract of Sale:
This is to certify that the kitten called: ________________________________________________________
Breed: Pure Persian Color:____________________________________________________
Litter Number: ___________________________ Birth Date: ___________________ Sex: ___________
Sire: ________________________________________________________________________
Dam: ________________________________________________________________________
For the fallowing Price or Terms: $___________ with $500,00 Venmo deposit to hold Kitten
Cat/Kitten Price:$____________ Delivery/Shipping: $_____________ Venmo transportation fees
Total Deposit is a non-refundable $500 which will be deducted from the total cost of the cat/kitten. Deposit of $500.00 WAS paid on :______________ Balance of cat/kitten: $_________
Date ALL balances are due by: ______________________________________________________________
The total remaining amount due for cat/kitten and delivery must be paid in full 5 - 10 days prior to the delivery to the Buyer. AFTER ALL MONEYS HAVE CLEARED, the delivery of the said cat/kitten will then be made to the Buyer, and the buyer can then take possession of the above described cat/kitten.
***Once buyer takes possession of the kitten/cat. ALL rights and responsibilities of ownership is the sole responsibility of the Buyer. Under NO circumstances shall seller be obligated to buyer for a cash refund, veterinarian costs, shipping costs, or any other costs, under any paragraph or sub-paragraph of this agreement/contract. A NON-refundable Deposit of $500 will place the kitten/cat on hold for you. All remaining balances of kitten/cat and delivery fees are due and payable at PU or delivery of the kitten/cat by C.O.D. All deposits are considered a “good faith” agreement between the seller and the buyer, and will NOT be refunded to the buyer. Seller agrees to “hold” said kitten/cat. Please know that I do NOT accept PayPal .
Please use Venmo for all kitten/cat deposits and for all transportation fees. Transportation Fees that have been purchased by the Seller in arrangements to deliver your said Kitten/Cat, ex. ( when the seller purchases airline tickets and/or have paid for travel expenses) are also NON refundable. Under NO circumstances will any funds for travel fees be reimbursed to the Buyer.
Please know that all final balances owed on the Kitten/Cat will be due COD when the said Kitten/Cat is placed in the Buyer’s care at approximately 12-14 weeks of age, unless other arrangements are made in advance and in writing. Please know that Said kitten/cat will NOT be released, or delivered or leave the seller unless and until all monies owed are paid to seller in advance or upon delivery/pu. If the buyer does not pay to seller the balance due at the agreed upon time, all deposit/travel fees are deemed forfeited as contained in the forfeiture and liquidated damage clause of this agreement.
******* BUYERS INITIALS:_______
Said Kitten/Cat MUST be delivered/picked up before the age of 15 weeks of age Unless otherwise agreed upon in WRITING. Please know that if said kitten/cat remains at Neshama Sheli Cattery due to non arrangements of delivery/pu or refusal to allow delivery/pu then Neshama Sheli Cattery will charge $100 per week until delivery/pu arrangements have been made and Followed through. All additional fees that accumulated due to said kitten/cat staying longer at Neshama Sheli Cattery MUST be paid in full before said Kitten/Cat will be released to the Buyer. All and any other funds that have been paid to the Seller will NOT be released to the buyer until the said kitten/cat has been placed, and such released funds will be MINUS the $100 per week until placed. Therefore, if said kitten/cat is not placed before the funds run out then there will be NO refunds at all made to buyer. PLEASE BE AWARE and know that under NO circumstances will the Buyer be allowed to change said kitten/cat.
Buyer Agrees to the Following Conditions of Sale
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Under NO circumstance is this kitten/cat to be sold, leased, or given to any pet shop, laboratory or similar facility, or to be sold/given away/leased/traded with breeding rights.
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Provide adequate indoor sanitary facilities as well as food and water.
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If cat/kitten is found neglected or of/in ill health, abandoned or seized by a Humane Society or like organization/shelter, buyer will surrender ownership of said cat/kitten back to Neshama Sheli Cattery Owner unconditionally.
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This Kitten/Cat is purchased as: ______Show ______Breeder ______ Pet
Terms Defined:
Show: Shown in prime condition, kitten/cat should achieve Grand Championship.
Breeder: Because of a significant flaw or a less overall type, kitten/cat is very likely to achieve
Grand Championship, however lineage and overall quality indicate the possibility of producing quality progeny.
Pet: A kitten/cat that is NOT to be used for breeding under any circumstance.
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If purchased as Pet quality, buyer agrees that said kitten/cat will be pre-registered with CFA as NOT FOR BREEDING by the Seller when said kitten/cat’s name has been determined by the buyer. Kitten/Cat papers will be emailed to buyer upon proof of spay/neuter.
2. Buyer agrees and understands that under NO circumstances is the kitten/cat to be used for breeding purposes.
3. Buyer agrees to seek veterinary care for this cat/kitten for routine care or any incidental illnesses throughout its lifetime.
4. Buyer agrees to keep kitten/cat isolated from all other animals in the home until kitten/cat has been inspected by a vet.
******* BUYERS INITIALS:_______
8). Buyer agrees to Contact seller should purchaser no longer wish to keep ownership of kitten/cat. Seller has “first right of refusal” of kitten/cat-- and is to be offered to Seller at no cost. The Buyer is not to neuter or spay a kitten/cat sold as a breeder or show quality without first offering the kitten/cat back to the seller. If the seller does not wish to take the kitten/cat back, then the buyer may sell, trade, or give the kitten/cat to another owner, or to anyone they so choose, but must be without Breeding rights to the new owner and also other than what is described on #1. Buyer may then spay/neuter if they choose to do so.
Seller Agrees to the Following Conditions of Sale:
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Health Guarantee: To the best of the Sellers Knowledge, Buyer is receiving a healthy Kitten/cat, free of internal and external parasites, infectious disease, or life-threatening congenital defects. To validate the guarantee, Buyer MUST have his/her own veterinarian inspect said kitten/cat within (3 ) days of purchase and if any life-threatening illness is found, Buyer MUST contact seller at that time and may return said kitten/cat to seller(at buyers expense) for a replacement kitten/cat if available with medical report/statement from Buyers Veterinarian with the agreement that the Seller can contact said Veterinarian for verbal conformation. Seller will NOT be responsible for any veterinary expenses incurred by the buyer. Note: any kitten/cat sold that has undescended testicles, tipping tongue, bump on head, tail faults, or anything that is NON-Life threatening is not covered as part of the Health Guarantee.
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If kitten/cat is given the FIP or FeLeuk vaccine then contract is null and void.
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Since the kitten/cat is a living creature, Seller cannot grantee the lifetime health of this animal, nor that it will not contract a viral or bacterial illness sometime in the future. Nor is there a guarantee that the kitten/cat will not contract a fungal infection (ringworm).
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If the kitten/cat is sold with Breeding rights, Seller Does NOT guarantee the breeding
performance of the kitten/cat. -
If the kitten/cat is sold as show quality, Seller does NOT guarantee wins/results/ect. In the show hall.
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Breeder will send home a care package and personal items of the said kitten/cat.
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Seller has the right to cancel the sale of kitten/cat at any time for any reason. If seller cancels the sale all money will be refunded. In the event that the buyer cancels the sale , all deposit and purchase money is NON-refundable.
Purchaser’s/Sellers signatures indicate full agreement and approval of all conditions:
(Signature of Purchaser):_______________________________________Date:____________________
Address:________________________________________________Email:________________________ Phone:_____________________________________
(Signature of Seller:____________________________________ Date: _____________
Address:_____________________________________________Email: neshamshelicattery@yahoo.com
Forfeiture and Liquidated Damage Clause: A deposit/transportation fees are forfeited if Buyer changes his/her mind and no longer wishes to purchase said cat/kitten (for any reason) or cannot pay Seller any balance due on said reserved cat/kitten within the agreed on time. Said forfeited deposit/transportation fees are considered liquidated damages to Seller including, but not limited to:
(a) Seller has turned away other potential buyers when a "hold" or "reserve" was placed on said cat/kitten;
(b) An older cat/kitten has a drastically reduced value and can no longer be sold for the original purchase price;
(c) Between the time the cat/ kitten should have gone to its new home at the approximate age of twelve to fourteen weeks and when it is finally sold to a secondary purchaser, Seller will have suffered the increased costs associated with the feeding, care, and other additional vaccinations and/or worming required to keep said cat/kitten in saleable condition from the original date of sale onward.
*** If, through an act of nature or other unforeseen reason, said cat/kitten which was placed on "Hold" becomes unavailable (i.e., death of cat/kitten), Seller agrees to provide Buyer with a cat/kitten of "like-quality and price" from either an existing litter or from an upcoming litter as outlined in paragraphs i. – iv, below
.i. Such replacement cat/kitten of "like-quality and price" shall be made within two (2) years from the date the original deposit was accepted by Neshama Sheli Cattery
ii. If Buyer chooses not to accept said replacement cat/kitten within two (2) years from the date the original deposit was accepted by Neshama Sheli Cattery, the deposit is forfeited as outlined above in the Forfeiture and Liquidated Damage Clause section.
iii. If a cat/kitten of equal quality to the above-described cat/kitten cannot be made within twenty-four (24) months from the date of this Agreement, then Buyer agrees to accept a replacement cat/kitten of any color, and/or sex. Buyer understands and agrees to make a choice from what is offered or all other rights are forfeited, and no monies will be refunded to Buyer.
iv. Seller is only obligated to Buyer so long as Neshama Sheli Cattery is still breeding and selling Persian cats/kittens.
>>>>Balance Due. The balance of the purchase price in the amount of $____________ and no/100 dollars), must be paid in full as follows:COD upon delivery/pu of the Kitten
(d) Buyer knows and agrees that if cat/kitten is not allowed delivery/pu by agreed upon date or 14 weeks of age buyer will be charged $100 per week until the delivery/pu of cat/kitten and must be paid before cat/kitten is released to the buyer. If cat/kitten is not delivered/pu at agreed upon times above then Any funds already paid to the seller will have the $100 per week deducted fro those funds. If buyer backs out on the purchase of the cat/kitten or relinquishes cat/kitten to the seller as refusing the cat/kitten, $100 will be deducted from the funds paid until such cat/kitten is placed. If such monies paid to seller runs out before placement of the cat/kitten then NO FUNDS will be refunded to the buyer. If buyer chooses to not follow through with the purchase of kitten this again refers to a. b. c. above and is not entitled to any refunds or exchanges of cat/kitten.
A. If cat/kitten is being delivered to Buyer - Buyer must pay to Seller in the agreed-upon form of payment the total cost of all transportation/travel fees, and must be made in advance of all purchases. The balance due will have to have cleared our bank before Neshama Sheli Cattery relinquishes the cat/kitten to Buyer. Buyer agrees that transportation/travel fees are non-refundable to the buyer, as seller has already prepaid for such transportation/travel. All Deposits are $500, paid through Venmo, and Must be paid at least 10 days Prior to Delivery. Deposits and transportation/travel fees are NON-REFUNDABLE!
B. If cat/kitten is being picked up by Buyer - if payment is made by COD, the balance is due on the day Buyer picks up the cat/kitten. All Deposits are $500,paid through Venmo, and must be paid at least 10 days Prior to PU. I do NOT accept PayPal. All Balances owed or inquired by the seller of said cat/kitten will need to be paid by COD upon delivery/PU. If cat/Kitten is being delivered using a Pet Nanny ,then all balances of said cat/kitten will need to be made through Venmo and no later than 10 days prior to the cat/kitten leaving Neshama Sheli Caattery. If using a pet nanny/courier, the buyer must prepay the pet nanny/courier according to their terms and the seller is not liable for any of the transportation fees to the buyer or to the pet nanny/courier.
C If cat/kitten is being transported to buyer on via courier or pet nanny: if cat/kitten is being transported to buyer using the services of a pet nanny, once cat/kitten is in the custody of the pet nanny, Nashama Sheli Cattery is not responsible for any and all incidents or fees/charges involving the cat/kitten, and will NOT be held accountable for anything after the cat/kitten is in the pet nannies possession.
D. Delivery : Neshama Sheli Cattery takes very serious the care of our babies, therefore we generally deliver our kittens/cats to the Buyer for a delivery fee, or you may pu from us at OUR nearest airport. If that is NOT possible then you may want to use a Pet Nanny/courier which will be 100% at Buyers expense. A Pet Nanny is an individual that will keep the cat/ kitten with them at all times to deliver to the Buyer, and generally this is done by flying to the buyer. The buyer generally meets pet nanny at the airport. Buyer is 100% responsible to pay the pet nanny/courier and the seller is in no way held responsible for any expenses/fees to the pet nanny/courier. Once seller leaves the kitten/cat in the care of the pet nanny/courier, the seller then is in no way responsible for kitten/cat and will not be held responsible for kitten/cat.
It is up to the Buyer to arrange delivery of his or her cat/ kitten. Delivery can be a private pet nanny service, delivery from the Seller to the Buyer, or Buyer can come to Missouri to pick up the cat/kitten. If a pet nanny is used, Buyer understands and agrees to telephone Seller immediately upon delivery of the cat/kitten to confirm receipt. Buyer understands and agrees that if Seller travels to meet Buyer to deliver the cat/kitten, a delivery charge will be added to the cost of the kitten, and must be paid in advance.
******* BUYERS INITIALS:___________
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Payment Method(s). Buyer has the choice of making payment(s) with cash and/or (via Venmo).
F. Health Guarantee. Neshama Sheli Cattery is a PKD1, FIV, and FeLV free cattery. To the best of Seller's knowledge, the
above-described cat/kitten is the progeny of animals that are healthy.
G. Return Policy, Health Guarantee and Health Guarantee - Exceptions. If the above-described cat/kitten is taken to a licensed veterinarian within 3 days of delivery (excluding weekends or holidays), and is found to have a serious health problem that will affect the life span of the cat/kitten, Seller will offer an exchange for the above-described kitten with a cat/kitten of equal quality from the first available litter born or if there is a cat/kitten not spoken for in any of the litters still held at Seller's home. Seller guarantees that the kitten/cat is free of any life-threatening genetic defects for a period of 2 years, this must be reported to the seller immediately and returned to the seller. Buyer is solely responsible for all expenses related to the return of the kitten to Seller, and Buyer must execute any and all necessary paperwork to convey all interest in said kitten back to Seller. Further, if Buyer accepts a replacement cat/kitten, Buyer is solely responsible for all delivery expenses.
H If the above-described cat/kitten is discovered to suffer from a mild congenital defect unknown at the time of sale, which does not affect its lifetime or quality of life, there will be no compensation, refund, exchange, or return of the cat/kitten.
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If the cat/kitten suffers from any congenital defect and no replacement is available at that time, Seller reserves the right to furnish a replacement cat/kitten on an availability basis ONLY with a cat/kitten of similar quality. If a cat/kitten of equal quality to the above-described cat/kitten cannot be made within one (1) year of the date Seller is notified by Buyer of such defect, then Buyer agrees to accept a replacement cat/kitten of any age, color, and sex. If not, Buyer will lose all interest, monies, and replacement options and will relinquish all rights to a replacement cat/kitten. A new Agreement will be signed on the replacement cat/kitten. **NOTE** Seller reserves the right to have a second opinion provided by a veterinarian of her choice, at her cost.
J. If Buyer chooses, as outlined in letter G, above, the above-described cat/kitten can only be returned to Seller up to one (1) year from the date this Health Guarantee is signed.
K. No cash refunds will be made for a dead cat/kitten. A replacement cat/kitten will be made, only if a qualified, licensed veterinarian, trained in such procedures, performs a necropsy and such report is provided to Seller, stating that the above-described kitten died of a fatal congenital defect and was not treatable.
L. Failure to have the cat/kitten inspected by a certified veterinarian, within 72 hours (3 business days) of acceptance of the above-described cat/kitten voids any and all agreements.
M. If the kitten is being delivered by a pet nanny, this Health Guarantee does not cover fleas, ear mites or fungus, or physical injuries, as well as any contracted illnesses after the cat/kitten leaves the seller as these can be acquired in route to Buyer's home and, in particular, Ringworm (fungus) spores are everywhere in the environment. Nor will this Health Guarantee cover the replacement of the cat/kitten for any reasons after cat/kitten leaves the seller.
N. Buyer understands and agrees that he/she will remain solely responsible for any costs incurred in returning the cat to Seller, as well as all of the costs incurred in any veterinary examination.
O. Buyer understands and agrees that he/she assumes all responsibility for the above-described cat/ kitten from when Buyer receives this cat/kitten.
P. Buyer understands and agrees that this Agreement does not cover any condition stemming from the Buyer's neglect, illnesses, or accidents, injuries, that the cat/kitten came in contact with while in the Buyer's care, including, but not limited to, blood transfusions, medication reactions, vaccination reactions, and death due to surgical procedures, including mishaps occurring during delivery.
Q. Buyer understands and agrees that the health agreement guarantee only applies to the original Buyer, named on page one of this Agreement. Buyer understands and agrees that the cat/kitten must be under the regular care of a veterinarian.
R.. Health Record. The above-described cat/kitten has had age appropriate vaccination(s) and preventative worming(s), which have been documented in the health record book provided to Buyer. Seller is not responsible for parasites or disease that this cat/kitten may contract through transportation from Neshama Sheli Cattery to the Buyer's home.
S. Care of This Cat/Kitten. Buyer agrees that he/she is not acting as an agent in the purchase of this cat/kitten; and, the cat/ kitten will reside at the home of the Buyer, it will not be allowed to be an outdoor cat, and will be provided with a proper diet and water at all times.
******* BUYERS INITIALS:_____________
T. Buyer understands and agrees that under NO circumstances will the above-described cat/kitten be sold, given away, traded, leased or donated to any pet store, humane society, SPCA, shelter, research laboratory or any similar facility, without buyer first offering cat/kitten back to the seller at no cost. Any person who improperly receives the above-referenced cat/kitten does so subject to the right of Seller to claim the above-referenced cat/kitten. Buyer under no circumstances is to trade, give away, lease, borrow, or sell the cat/kitten with breeding rights. Nor does the buyer have permission to send cat/kitten to another breeder for breeding purposes. Breeder also agrees that if cat/kitten is acquired as a pet then they must spay/neuter cat/kitten within 30 days or upon 6 months of age at the buyers expense. Seller is not held liable cat/kitten surgery outcome or expenses.
Buyer agrees to provide necessary vaccinations and adequate health care including proper tooth care for the life of this kitten. Yearly check-ups and booster vaccinations (including rabies, if required by your veterinarian, local or state laws) are required and should be brought up-to-date on the health record provided to Buyer at the time of purchase.
i. Any Kitten vaccinated for FIP or FIV voids all Agreements.
ii. Seller strongly advises against the FeLV (feline leukemia) vaccination. If the Buyer's veterinarian INSISTS upon such vaccination; this contract is deemed null and void.
iii. If Buyer's veterinarian wants to "re-vaccinate" a kitten despite what the kitten's Health Record reflects as vaccinations it has already had, this Health Guarantee is null and void. Re-vaccinating a kitten can cause death and other health issues can occur.
U, Buyer understands and agrees that after the delivery date herein of the above-described cat/kitten, Seller is not responsible for any veterinary or other professional bills or costs incurred on behalf of said cat/kitten. Buyer further understands that if there is a question as to whether the cat/kitten requires medical attention, a veterinarian will be contacted, the problem explained to said veterinarian and, any advice that veterinarian gives to Buyer will be immediately acted upon to ensure the health and well-being of this cat/kitten.
V. First Right of Refusal. . Under no circumstances will Seller be obligated to Buyer for a cash refund of any veterinarian costs, delivery, or original purchase price of the above-described cat/kitten.
W. Buyer understands and agrees that his/her failure to comply with any provision of this Agreement may detrimentally affect the reputation of Neshama Sheli Cattery.
**Buyer understands and agrees that any and all legal action, which may arise under any provision of this Agreement, will be brought in the State, County, and City of Seller's residence. Buyer Will Be Responsible for All Court Costs Involved Due to Breach of Contract.
X. 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.
>>> Sever-ability. The invalidity, illegality, or unenforceable of any one or more provisions of this Agreement shall in no way affect or impair the validity, legality or enforce-ability 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.
Cumulative. All of Seller's rights here under 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 this contract, it is understood that Seller's reputation as a breeder of Persian cat/kittens will be irreparably harmed thereby, 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 costs of suit incurred in that action.
Additional Agreements.
This Contract Is Made and Signed by Both Parties to Ensure the Well-being and Protection of this cat/Kitten. This Contract Constitutes the Full Agreement Between Buyer and Seller. No Other Warranty, Verbal or Written, Is Implied.
Purchaser’s/Sellers signatures indicate full agreement and approval of all conditions:
(Signature of Purchaser):______________________________________________________
Address:________________________________________________________________________
Email:___________________________________________________________________________
Phone:_____________________________________ Date:_____________________________
(signature of Seller):Charyl Copher : with Neshama Sheli Cattery
Address: ___________________________________________________________ Phone: _______________________
Email: neshamshelicattery@yahoo.com Date: 1-17-21
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