BUYER NAME & ADDRESS PHONE INTRODUCTION:
Welcome to the family of Siberian cat owners and lovers! We hope you have many years of health and happiness with your new cat. We’re honored to have you choose us as the breeders of your new family member. We hope that you will keep us up to date with photos of your new cat, and reach out with any concerns you may have.
This is an important document. You should not sign it unless you are aware of what it contains and understand each part of its requirements, and unless you are prepared to follow its stipulations and what we ask of you as an owner.
THE CAT:
This agreement is between Figg&Prowle Siberian Cats (hereinafter known as Seller or Breeder), and the individual identified below.
Seller agrees to sell, and Buyer agrees to buy, one purebred Siberian cat, identified here. Buyer agrees that he/she is not acting as an agent in the purchase of this cat or kitten, and the cat or kitten will reside at the home of the Buyer.
Call name:
Date of birth:
Color and markings:
Date of spay/neuter:
PURCHASE CONTRACT PRICE AND FEES
The total purchase price of the cat or kitten is:_________
Travel/courier costs (shipping, approved carrier, health certificate, preshipment vet examination, and any and all other shipping-related costs) have been agreed to be:___________
A nonrefundable deposit in the amount of:___________ has already been given;
the balance due is:__________
TRANSFER OF RESPONSIBILITY
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 seller be obligated to buyer for a cash refund, veterinarian costs, or any other costs, under any paragraph or subparagraph of this agreement. This includes diagnosis and treatment associated with diseases or disorders for which the Seller will replace or have replaced the cat.
The Seller is not responsible for cats lost or stolen after acceptance by the Buyer or the Buyer’s agent.
CARE AND MAINTENANCE
The Buyer agrees to exercise normal care in maintaining this cat or kitten’s health.
Normal preventative care includes the following: regular exams by a licensed veterinarian, as-needed vaccinations, as-needed fecal exams, and other routine care as recommended by the buyer’s veterinarian. Normal care assumes that the Buyer will feed and provide fresh water for this cat, as well as give attention and love to this cat daily and provide proper grooming so that the coat is kept clean and comfortable.
The Buyer agrees that this cat or kitten will receive adequate socialization to make it a good pet. The Buyer agrees that this cat or kitten is NOT to be left in a secluded area or kept in a cage/crate/condo as its primary home. The Buyer vows that this cat or kitten will become a member of the family. This is to assure proper development and maintenance of the temperament and the happiness and well-being of the cat.
SPAY OR NEUTER
If, for any reason, the cat or kitten is not delivered altered, the Purchaser agrees to alter this kitten NO LATER than 7 months of age. Under NO circumstances shall this cat be used for breeding. Breeder shall forward the cat or kitten’s registration papers after veterinary proof confirming spay/neuter is received from purchaser. Altering costs are the sole responsibility of the buyer.
72-HOUR FULL REFUND
In order to activate the health warranty, the Buyer must take the cat or kitten to a licensed veterinarian within 72 hours of its arrival at the Buyer’s home. If it is found to have an untreatable or life-threatening illness, the Buyer must notify the seller immediately with letter/fax from the examining veterinarian. Once this documentation is received, we will refund your entire purchase price upon return of the kitten to us. If you do not wish to return your cat or kitten, you may choose a free replacement kitten (or to be placed at the top of our waiting list) instead. If you choose the replacement kitten, you accept full responsibility for any veterinary or ongoing care related to the first kitten.
RETURNING OR REHOMING
After the 72-hour return period, the cat may be returned to us at any point in its life; no refund of money will be made.
If you wish to rehome the cat, you may do so under the following conditions:
1) You may not sell the cat for an amount greater than $100.
2)You may not surrender the cat to a rescue, pound, or shelter, or to a research facility, pet shop, or any other non-family-home situation.
3) You must notify us of the cat’s new home (name, address, phone number) within one week of the rehoming.
THE CAT ALLERGIES, LANDLORDS, TRAINING, AND OTHER REASONS FOR RETURN
We can assume no responsibility for allergies to the cat, disapproval of an existing or future landlord, damage to your property, or failure to train the cat to use the litterbox or scratching post. We will, however, unconditionally accept the cat back if it must be returned for any of those reasons. No refund of money will be made, and no replacement kitten or cat will be given.
CAT CARE
This cat/kitten will be kept indoors and not be allowed to roam freely outside. The cat/kitten will never be declawed. The buyer agrees to not leave the cat without human contact for any period longer than 48 consecutive hours. It is the purchaser’s sole responsibility to comply with all municipal, state, and national laws in respect to this kitten/cat. It is the responsibility of the buyer to provide immediate veterinary care to any cat/kitten showing signs of illness or distress and failure to do so will render any health guarantee null and void. All veterinarian fees are the sole responsibility of the Purchaser.
REPOSSESSION
The Buyer understands that if the kitten or cat is found to be neglected or mistreated, the Seller shall have the unconditional right to reclaim the above kitten or cat without refund of the purchase price. Mistreatment shall include, but is not limited to: being left alone without human companionship for periods in excess of 72 hours, use of cage/condo/ crate as a long-term primary living area, lack of proper sanitary facilities, failure to provide fresh quality food and water, and refusal to treat known health problems. Neglect shall include, but is not limited to: lack of proper food, lack of proper medical care, lack of fresh water, and any form of physical abuse.
INFECTIOUS DISEASE WARRANTY
Your kitten has been completely vaccinated for calicivirus, rhinotracheitis, and panleukopenia, and has received a first rabies vaccine. He or she has been wormed with fenbendazole on a regular schedule, treated with toltrazuril for coccidia, and comes to you without fleas or ticks.
This cat or kitten is guaranteed negative for FeLV and FIV at the time of purchase and for 72 hours thereafter.
We cannot – because it is impossible – ensure that your kitten will never get sick. We will, however, support you fully through any needs – please do not hesitate to contact us, ask us to speak to your vet, etc.
GENETIC HEALTH
Your kitten has been tested clear or carrier, or we warrant that he/she is “line clear,” for
Erythrocyte Pyruvate Kinase (PK) Deficiency
Mucopolysaccharidosis (I, VI, VII)
Retinal Dystrophy (rdAc )
Polycystic Kidney Disease Cystinurea (SCL3A1 and SCL7A9)
Hypertrophic Cardiomyopathy (Maine Coon and Ragdoll mutations)
WHAT IS NOT COVERED BY OUR HEALTH WARRANTY
Feline infectious peritonitis (FIP) FIP is a random mutation of the otherwise harmless coronavirus. There is no way for any breeder to prevent or avoid FIP, because we do not know what causes the mutation and we do not know why some cats get sick and others do not. The breeder is in no way responsible for a FIP diagnosis. However, given the substantial personal pain and shortened lifespan caused by FIP, the breeder will replace any kitten that dies from FIP before the kitten’s first birthday, ONLY upon receipt of the appropriate necropsy report.
Hypertrophic cardiomyopathy (HCM) All of our breeding cats are genetically screened for inherited cardiomyopathy (both Ragdoll and Maine Coon types). Unfortunately, while we’ve done our best to avoid inherited HCM, all cats of all breeds are still subject to spontaneous or idiopathic HCM. You agree that we are not responsible for a diagnosis of HCM in our kittens or cats. However, given the substantially shortened lifespan caused by HCM, the breeder will replace any kitten that is diagnosed with HCM before its first birthday, ONLY upon receipt of an ultrasound/ echocardiogram diagnosis from a licensed veterinarian.
Viruses, diarrhea, colds and upper respiratory infections Infectious diseases are not covered under this guarantee, as they may be contracted after leaving the Seller’s home and are not the result of genetics or breeding.
Worms/parasites and single-celled organisms. Positive fecal testing, including for coccidia and giardia, is not covered as long as the cat or kitten is in otherwise good health.
Personality, size, coat, or coat color. Buyer understands and agrees that the above-described kitten was purchased as a Pet Quality animal, and not a Show Quality animal. A pet-quality kitten may have one or more faults (including those in the TICA or CFA Siberian cat standard) which do not diminish its value as a pet and companion.
Allergies Breeder is not responsible for any allergies to cat/kitten, and any allergies are not covered under this guarantee.
TWO-YEAR INHERITED CONDITION WARRANTY
The buyer will replace any cat diagnosed before its second birthday with an inherited health issue that is crippling, fatal, or will substantially shorten its lifespan.
Inherited means that the health issue has an established heritability index of at least 0.5. Disorders and diseases without an established heritability index are not covered.
Crippling means severely impaired in the ability to move, breathe, eliminate, or otherwise experience a normal life (for example: spinal paralysis, respiratory failure, etc.). Mild or moderate impairments are not covered.
Fatal means has caused or will cause death within a period of less than three months from date of diagnosis.
Substantially shorten lifespan means that the disease or disorder will result in death at an age younger than seven (half of a normal lifespan, which is defined here as 14 years).
Replace means replace the above-described kitten with a kitten of equal quality from if there is a kitten under the age of 12 months not spoken for in any of the litters still held at Seller’s home, or from the first available litter born. Buyer agrees to accept a replacement kitten of any age under 12 months, color, or sex. If Buyer accepts a replacement kitten, Buyer is solely responsible for all delivery expenses.
TERMS
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 initialed 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.
Non-Disparagement: The Buyer agrees to take no action which is intended, or would reasonably be expected, to harm the Breeders or their reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Breeders. The Breeder agrees to take no action which is intended, or would reasonably be expected, to harm the buyer or their reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity to the buyer. In real-world terms: No bashing or trashing on Facebook or other social media. If there is a conflict, we discuss it privately and escalate to mediation if needed. Public disparagement is considered a breach of contract and triggers the liquidated damages clause.
Disputes: Both parties agree that any contract disputes will be settled in the state where the cat or kitten was born. Both parties agree that if a dispute should arise, they will meet in the state of the cat or kitten’s birth to pursue resolution through negotiation. If they cannot resolve some or all of the dispute through discussions, then the parties agree to attempt to resolve the dispute through mediation. If the parties do not resolve all of the issues in dispute through mediation, then within 30 days from the date of the mediator’s report, the parties shall submit those issues to binding arbitration. Consequential damages are waived by both parties. The parties agree that they will each be responsible for the costs of their own legal counsel and personal travel.
Transfer of the physical custody of the cat or kitten also transfers all liability and responsibility for the cat or kitten. Under no circumstances will the Breeder be held responsible for actions, damage, liability, or vet/training costs associated with this cat or kitten
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. Buyer understands and agrees that his/her failure to comply with any provision of this Agreement may detrimentally affect the reputation of the Seller. It is acknowledged that breach of this contract will cause us to incur substantial damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by us of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages, these liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and you shall pay them to us.
General breach of contract: $3,000. Breeding a cat sold under this contract: $5,000 per litter produced plus $1,000 per live kitten at 8 weeks of age. Refusal to return the cat or its TICA papers in the event of abuse, neglect, or transfer of ownership: $5,000. The parties agree that a facsimile or electronically signed version of this signed agreement constitutes an original agreement, and shall be a valid and binding document for all legal and other purposes. \This contract shall be binding upon the parties, their heirs, personal representatives, successors, and assigns.
This Contract Is Made and Signed by Both Parties to Ensure the Well-being and Protection of This Cat or Kitten.
Signed:
Signed: