Contract

FORTIS FORTUNA CATTERY CONTRACT OF SALE

Today’s Date:

This is to certify that the cat/kitten called­­­­______ Breed_____ Color_____ Litter #_____Date of Birth_____ Sex____ Registration #_____ Sire_____ Dame_____ will be sold for the price and terms herein.

Purchaser and Seller agree to all the following conditions of sale:

Seller:

Name: Sun Zoe Bennett – FortisFortuna Cattery registered through The International Cat Association (TICA). Registration Number 34353.

Address: Arkansas

Phone: ____ email: fortisfortunacattery@gmail.com

Purchaser:

Name: ________

Address: _________

Phone: ____ email: _____________

• Total Price $_________ United States Dollars, Less Deposit Made: $500 United States Dollar. Leaving a Balance Due: $_______United States Dollars. Deposits are nonrefundable expect for conditions noted in section 23 (death, serious illness, or malformation).
• The cat/kitten is purchased as:

Show/Breeding Rights ___ Premier Show/Pet rights_____.

Terms defined:

Show/breeding: cat/kitten may be shown at an exhibition without a guarantee from the Seller of titles or points achieved and may be used for breeding without guarantee of the quality of progeny; cat/kitten will arrive at the Purchaser with sexual anatomy intact. The Purchaser can never file claims against the Seller if the cat/kitten has unsatisfactory exhibition evaluations. The Seller is not responsible for the further development of the animal and the success of his/her exhibition career.

Premier Show/Pet: Cat/Kitten can be shown in the Premier class as a spay or neuter and may never be used for breeding under any conditions; cat/kitten will arrive at Purchaser spayed or neutered. Seller makes no warranties for the titles this cat will achieve when shown at exhibitions. The Purchaser can never file claims against the Seller if the cat/kitten has unsatisfactory exhibition evaluations. The Seller is not responsible for the further development of the animal and the success of his/her exhibition career.

• If the Seller agrees to release cat/kitten intact as a premier pet, the Purchaser must neuter or spay this cat/kitten by required timeline set by the Seller. Neuter must occur by ten months and documentation signed by veterinary must be provided either by scanned email or fax. Spay must occur by six months and documentation signed by veterinary must be provided either by scanned email or fax. This condition will not be granted if a cat of the opposite sex resides in the home. If a new cat is brought into the home, the Purchaser agrees to spay immediately. The Seller will retain co-ownership of this cat/kitten until this cat/kitten is spayed/neutered and proper veterinary certificate of this procedure is provided to the Seller. Thereupon co-ownership will be relinquished with all rights to the cat/kitten, not otherwise mentioned in this contract, belonging to the Purchaser.

• Under no circumstances will this cat/kitten be sold, leased, released, or given to any pet shop, research laboratory, or similar facility. The buyer agrees to not resale cat/kitten for profit unless he/she was purchased with breeding rights and has completed at least a two-year breeding program and is sold as a spayed/neutered pet.

• The Purchaser agrees to provide the Seller with the following information about their veterinarian: Name and title, business name, business address, business email, business phone number (not a personal cell/home phone number), and business fax number. The cat/kitten will not be shipped until this information is provided. If this means that a scheduled flight is missed, the Purchaser will be responsible for the purchase of an additional flight once information is provided. If this information is not provided by the 17^th week of the kitten’s life, all payments will be forfeited, and the kitten will be advertised for sale. Kittens are eligible for delivery at 16 weeks. Cats/kittens are only spayed/neutered after payment in full has been made; delay in payment will result in a delay of surgery and thereby delivery. If you are buying an adult cat the same procedures apply, and loss of payments will follow if the information is not given within one week of any missed schedule delivery. We advise not to schedule any flights until this information has been provided to the Seller.

• If Purchased as a premier pet and Purchaser wants to co-own, sell, lease, or give cat/kitten to anyone other than the signed Purchaser of this agreement, written consent by the Seller is required of the Purchaser. The registration certificate of the cat/kitten mentioned in this contract must be returned to the Seller. It shall be the decision of the Seller if the registration certificate shall be reissued. This cat/kitten cannot be rehomed without the written authorization of the Seller. Rehome means placing a cat/kitten in another’s possession for over 30 days. Seller guarantees that she will not withhold authorization unreasonably. In the event Purchaser is unable or unwilling to own this cat/kitten any longer and does not want to request a new owner, the Purchaser shall surrender the cat/kitten back to the Seller. No refund will be due to the Purchaser unless a separate agreement is reached at the time this condition occurs. If the registration of this cat has been transferred to the Purchaser, Purchaser further agrees to transfer registration back to the Seller at the time of such surrender. Purchaser is responsible for all cost to transport cat/kitten back to the Seller.

• The Seller will take back any cat/kitten at the expense of the Purchaser for any reason. The Seller will not issue a refund in this event. The Purchaser agrees to NEVER bring cat/kitten to a shelter. If this is discovered, the cat/kitten becomes the sole property of the Seller.

• If this cat/kitten is ever found to be seized by the humane society or similar organizations, the cat/kitten becomes the sole property of the Seller. If the Purchaser is investigated for neglect with documentation on file that supports such, by the humane society or similar organizations, the cat/kitten becomes the sole property of the Seller. The Purchaser will be responsible for all costs to transport cat/kitten back to the Seller. If Seller arranges and/or pays for transport back to Fortis Fortuna Cattery, the Seller will be legally responsible for all transportation cost, and reimbursement must be made within seven calendar business days.

• Under no circumstances will this cat/kitten be declawed (including dew claw), demeowed (any alteration to vocal cords) or surgically mutilated in any way. After cat/kitten leaves our cattery this contract will be faxed to the Veterinarian you have placed on file with us. For faxing purposes if you wish to have the cost of purchase blurred, we will be glad to do so. Sharing of this information is our commitment to protecting our cat/kitten from these procedures.

• Sanitary heated and cooled indoor facilities will always be provided for the cat/kitten. The cat/kitten will not be allowed to roam out of doors. Any time the cat/kitten is out of doors, he/she must be on a harness that does not have a safety mechanism that detaches if pulled. If the cat/kitten is allowed to roam on a “catio,” it must be enclosed with no possibility of escape (the enclosure cannot have any mesh, preferably it will have metal/glass/thick plastic. If cat/kitten is given “catio time” they must always be treated with preventative heartworm medication. At no time will the cat/kitten be kept in a cage, this means a catio cannot be the primary residence of the cat/kitten. This is an indoor cat/kitten ONLY with limited outdoor time under the guidelines above. Never allow the cat/kitten to walk along an unprotected balcony or have access to an open, unprotected mesh window.

• The Purchaser agrees to provide the cat/kitten with a cat tree, scratching post, litter box with litter that is cleaned daily, proper bedding, and toys for stimulation.

• The Purchaser agrees that they have never been convicted or tried for cruelty, neglect or abandonment of ANY animal. If this is found to be true, the cat/kitten becomes the sole property of the Seller. The Purchaser agrees that no persons who will reside in the same house as cat/kitten have ever been convicted or tried for cruelty, neglect or abandonment of ANY animal. If this is found to be true, the cat/kitten becomes the sole property of the Seller.

• If this kitten/cat is found to be neglected or ill and left untreated for an unreasonable length of time that resulted in the decline of health, the Purchaser must and will surrender said cat/kitten to Seller unconditionally and without compensation to the Purchaser. The Purchaser must reimburse the Seller for all reasonable costs incurred by the Seller to reclaim the cat/kitten, including but not limited to actual legal costs. If the registration of this cat/kitten has already been transferred to the Purchaser, Purchaser further agrees to transfer registration back to the Seller at the time of such surrender.

• The Purchaser agrees to feed the cat/kitten, from proper dishware, Orijen cat food for the first four After four weeks transition to food of choice gradually over a two-week period (If not followed severe diarrhea can result). We recommend that you continue the Orijen brand for life; Acana is the substitute produced by the same company. If you chose a different brand of food, it must be a high-quality premium. The Purchaser agrees to have fresh water available all day from a convenient water container.

• The Seller recommends that the Purchaser encourages this contract (containing the Seller contact information) to be kept on file in the event of the unfortunate death of the Purchaser. If a family member plans on taking over the guardianship of the cat/kitten, please have them notify the Seller. The veterinarian or family should NEVER place cat/kitten in a shelter/rescue center. Under these conditions, Seller will pay for transportation to take the cat/kitten back and consider keeping or rehoming.

• The Purchaser agrees NEVER to allow the Feline Infectious Peritonitis (FIP) or Feline Immunodeficiency (FIV) vaccine; if either of these vaccines is administered to the cat/kitten, this health guarantee is null and void (minus congenital and genetic defects).

• Health Guarantee: To the best of the Seller’s knowledge, Purchaser is receiving a healthy cat/kitten, free of internal and external parasites, infectious disease, or life-threatening congenital defects. There are no liens or encumbrances against the cat/kitten. Before the transfer of the cat/kitten, the Seller agrees that she has sole ownership of the cat/kitten.

The Seller guarantees the pedigree, veterinary passport (if outside USA)

, immunization/health record will be sent with the cat/kitten of the animal, and that the cat/kitten will be microchipped. If payment is made at a date that prevents pedigree from arriving by the time of transport, pedigree will be mailed to Purchaser.

Purchaser must take cat/kitten to the veterinarian within 3 days of arrival for a health check, or the 14-day health guarantee will be null and void.

This guarantee covers both genetic and congenital causes except feline infectious peritonitis (FIP), which could be a combination of infection and individual predisposition. FIP, FeLV, and FIV are not genetic and are specifically excluded from this contract. Cat/kitten will have negative FIV/FeLV testing on file on departure from the cattery.

The Purchaser agrees to continue to provide timely veterinary services, annual vaccinations, and quarterly de-worming.

Kittens receive two separate inoculations for panleukopenia, feline viral rhinotracheitis, and calici virus and one rabies vaccine. Kittens have received anthelmintics for internal parasites tested negative for parasites through fecal testing prior to leaving the cattery.

 If cat/kitten is found to be showing signs of congenital malformation or genetic disease which adversely affects the length or quality of the animal’s life within six months following the sale of the cat/kitten, the Purchaser must provide a signed veterinary certification, which states that the cat/kitten was unfit for sale and all medical records.

If cat/kitten has the presence of symptoms of contagious or infectious disease (excluding URI, diarrhea caused by coccidia or giardia, other intestinal parasites, and ringworm) within 14 days following the sale of cat/kitten, the Purchaser must provide a signed veterinary certification, which states that cat/kitten was unfit for sale. The Seller agrees that the kitten will be free of ringworm at time of departure from cattery.

Should cat/kitten die at any time after possession, and while this health guarantee is in force, a necropsy is required at Purchasers’ expense for proof of the cause of death. The results will be given to Seller in writing from the veterinary professional that performed the necropsy within 15 days of the necropsy. These results will be confirmation of health conditions we honor.

All certificates must be scanned and emailed to Seller from the veterinarian on their business letterhead with the veterinarian’s license number. All Veterinarians who issue the official certificate of veterinary inspection must be licensed by the state and accredited by the United States Department of Agriculture or the respective countries institutions.

Upon confirmation of conditions above by means named, Seller guarantees to replace the cat/kitten with one of the same color, gender and equal worth from the next available litter of kittens or at any such later time Purchaser is ready up to one year. If there are no kittens available, the Seller has one year to produce a new litter to replace the kitten. If the kitten has not been replaced in one year, the Purchaser agrees to refund the price of the kitten including deposit; this is the only condition that will warrant the return of monetary funds. If the Purchaser refuses a kitten, they forfeit the opportunity to have a replacement kitten as well as the nonreplacement refund possibility.

Seller will cover no veterinary costs, this includes the 14 days of health guarantee and the 6-month malformation/genetic guarantee named above. The Purchaser hereby agrees to be responsible for all veterinary costs and may not at any time ask for compensation for any costs for cat/kitten. The Seller will pay for return shipping of the cat/kitten for all genetic or congenital conditions confirmed. The Seller will absorb all costs associated with the shipment of the replacement of any kitten/cat if conditions are confirmed under the health guarantee.

The cat/kitten must be presented to the Seller/or in route to Seller three business days after being issued the veterinarian’s certification stating the cat/kitten was UNFIT FOR SALE (at time of sale) unless the Seller and Purchaser reach a separate writen agreement. Unfit for sale certification and/or necropsy must be accompanied by all veterinary documentation and tests/labs, which support the diagnosis, and an independent veterinarian must verify the diagnosis. All documentation scanned and email to the Seller by veterinarian office, not by the Purchaser. The Seller will then take the cat/kitten to a veterinarian for confirmation and evaluation. If the kitten is found to be healthy the Purchaser will have ten business days to pay the seller for the cost of all transportation back to the cattery. Documentation of health will be provided to the purchaser. It will be up to the discretion of the Seller to return the cat/kitten to the purchaser and any cost for transport will be the responsibility of the purchaser. If an agreement has not been made all court proceedings will be held in the county of the seller.

The Seller does not guarantee the lifetime health of this animal, nor that it will not

contract a viral or bacterial illness sometime in the future.

Cats/kittens who are shipped via cargo will only have the health guarantee of genetics and congenital malformations; as this breaks the quarantine from other cats/animals.

If for any reason beyond the Purchasers’ control, the cat/kitten must be euthanized, the seller must be advised any time before or within three days after euthanasia. Please be mindful of the clause that requires necropsy if the Purchaser feels this would fall under a health guarantee. Without necropsy, all health guarantees are null and void. A necropsy is required at Purchasers’ expense, the results to be given to Seller in writing from the veterinary professional that performed the necropsy within 15 days of the necropsy. These results will be confirmation of health conditions we honor. We strongly encourage the Purchase to inform the Seller prior to euthanasia in the event euthanasia is unreasonable.

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• Seller does not guarantee anything within the control of the airline, cargo company, ground transport, or personal courier. If any damage/death has been caused by an airline, cargo company, ground transport, or personal courier, its servants or employees, or caused by another party due to negligence on the part of the above mentioned, its servants or employees during shipment, Purchaser may pursue a legal action against the party responsible for actual damage only, not the Seller. Purchaser agrees the cat/ kitten will be picked up from the airport on the date and time that the flight arrives. This date and time will be agreed upon by both Purchaser and Seller before

If the Purchaser has chosen to transport the kitten/cat by cargo air and the airlines have restricted flights due to unsafe temperatures, the seller will hold kitten/cat until the ban has lifted. If the Purchaser does not pay for the cargo flight in the first three days that the ban has lifted the kitten/cat will become the sole property of the Seller, registration will revert back to the Seller, no monies will be refunded, and the kitten/cat will be placed as available for sale.

• If the Purchaser made payment/deposit at least two weeks before 16-week release date and not made payment in full by the 17^th week of the kitten’s life, all payments/deposits made will be forfeited, not refunded, and kept by the Seller without any chance of return. The kitten will return to available status and be placed for sale. Purchaser who buys a cat/kitten 16 weeks of life or older will place a deposit or full payment. For kittens/cats purchased 16 weeks of life or older, if payment in full is not made by two weeks after the date of deposit, all payments will be forfeited, not refunded, and kept by the Seller and the cat/kitten will be made available for purchase to another buyer. The Seller reserves the right to extend this timeframe in approved circumstances. If these conditions are met, the $500.00 (United States Dollars) deposit guarantees that the Seller will not sell cat/kitten to anyone else.

• The Seller will hold cats/kittens that have been paid in full, under certain circumstance approved by Seller in writing on a case by case basis for up to one month. If Purchaser is unable to receive cat/kitten after one month of holding, the cat/kitten will revert to available for purchase by another buyer and no money will be reimbursed to the Purchaser.

• The cat/kitten should be quarantined from ALL other animals in your home for a month and NEVER less than two Other cats/animals carry disease that is not evident; they are silent carriers and can infect your new cat/kitten. If the cat/kitten is introduced to any other animals during the first TWO-WEEK quarantine period, the health contract (minus congenital and genetic defects) is null and void.

We recommend that you never bring shelter felines into your home to live with your cat/kitten. If the Purchaser introduces a shelter kitten into the home, the health contract (minus congenital and genetic defects) is null and void. Shelter cats have a very high incidence of disease. No two cats should be introduced until they have both passed a month quarantine and proven to have negative labs for FIV/FeLV. Housing this cat/kitten with felines who have an unknown status of FIV/FeLV will cause the health guarantee to be null and void (minus congenital and genetic defects).

• The Seller reserves the right to refuse the sale of any cat/kitten to any individual at any time, for the well-being of our cat/kitten if we feel that information has been falsified. All monies less the $500.00 deposit will be refunded, and the person will be forbidden from ever purchasing a cat/kitten from Fortis Fortuna Cattery. No other residents of the same household or close family members will be able to purchase from Fortis Fortuna Cattery

• If for any reason the Seller is at fault and can not provide the Purchaser with the cat/kitten (an example would be in the event of the death of the cat/kitten), the Seller will refund all money including deposit to the Purchaser.

If the kitten cannot be delivered due to death or serious illness/malformation, the Purchaser can choose a full refund, or if there is another cat/kitten available of the same quality, the Purchaser can apply all money to another cat/kitten. In the event, this occurs the Purchaser agrees to the amendment of the contract to include the new cat/kitten.

This contract is binding from the time of signature of both parties. Copies will be provided to Purchaser and Seller. Cat/Kitten will be eligible for delivery only to the Purchaser who has signed the contract.

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Purchaser’s Signature, Date                                                                Seller’s Signature, Date

Fortis Fortuna Cattery Contract of Sale