2022 Version, Updated JAN-2022
Every effort is made to ensure the following example contract is correct and up to date. If any discrepancy or error is found between the wording or provisions found on this webpage and the formal contract provided at time of adoption, the formal contract supersedes and replaces any provision listed below.
Section 1: (General Terms)
This Animal Transfer Contract and Bill of Sale (“CONTRACT”) is entered into between __________________________________________, (“BUYER”), AND CATTERY "PurfecTigers Maine Coon Cattery ", (“BREEDER”) this ______ day of _______________, 20___ in the City of Ashton, County of Sherman, State of Nebraska.
This Contract supersedes and replaces all previous contracts, agreements, memoranda or correspondence,
This Contract sets forth all of the terms and conditions for the purchase and transfer of a Purebred Maine Coon Feline, hereafter referred to as the (“ANIMAL”) and represents a formal bill of sale together with the rights of ownership to be transferred to the Buyer. In the event the parties mutually agree to any additional Services to be provided by the Breeder hereunder, the parties shall negotiate and execute a separate Statement of Work which shall be attached as a Statement of Work Addendum {1/2/3/4/5/6/7} hereto, as outlined in Section 7.2.
1.1
Animal Identification
a.
Collar Identifier:
__________________________________________
b.
Nickname:
__________________________________________
c.
Registered Name:
__________________________________________
d.
TICA Number:
__________________________________________
e.
CFA Number:
__________________________________________
f.
Microchip Number:
__________________________________________
g.
Birthplace:
__________________________________________
h.
Sire:
__________________________________________
i.
Dam:
__________________________________________
j.
Coloring:
__________________________________________
k.
Gender:
_____________________
see section 2.4
l.
Spay/Neuter:
Alter by Breeder
see section 3.1(a)
Alter by Buyer
see section 3.1(b)
Alter Not Required
for breeding
1.2
Animal Classification
a.
Date of Birth:
__________________________________________
b.
Type:
Kitten
aged: under 16 weeks
Junior
aged: 16 weeks to 4 year
Adult
aged: 4 to 10 years
Senior
aged: over 10 years
c.
Retired Breeder:
N/A
kitten
Yes
No
1.3
Animal Transfer Details
a.
Adoption Price:
__________________________________________
b.
Final Payment Due:
__________________________________________
c.
Go Home Date:
__________________________________________
d.
Transferred As:
Household Pet
Breeding – Limited
see sections 5.8 and 5.9
Breeding – Restricted
see sections 5.8 and 5.9 and 5.10
1.4
Animal Registration Eligibility
a.
Breeder guarantees that this Animal is a Purebred Maine Coon Feline and is eligible for registration in TICA (The International Cat Association)
b.
Registration of the Animal is not required and is left to the Buyers discretion. Buyer is responsible for completing and submitting the TICA registration form, and for paying any associated registration fee.
c.
Breeder shall provide the appropriate TICA registration papers upon delivery of the Animal, except as outlined in Section 3.1 and 3.1(b).
1.5
Buyer agrees to purchase the above stated Animal and agrees that Transfer of Ownership will occur only upon receipt of payment in full under the terms of this Contract, and no earlier than the Go Home Date listed in Section 1.3(c).
a.
If the animal is classified as a Kitten in Section 1.2(b), buyer has the option to pay in full or utilize either our Breeder Deposit Program as outlined in Section 1.5(c), or our Kitten Payment Plan for Pet Parents as outlined in Section 1.5(d) at Contract signing.
b.
If the animal is classified as a Junior, Adult, or Senior in Section 1.2(b), Animals must be paid in full at Contract signing.
c.
For our Breeder Partners – A breeder deposit as outlined in Section 1.7(b) is required to Reserve the Kitten and final payment must be received by the Final Payment Due Date, as outlined in Section 1.3(b).
d.
For our Pet Parents – We offer a Kitten Payment Plan consists of a deposit at the time of Animal reservation (starting at 4 weeks of age) as outlined in Section 1.7(a), followed by eight (8) weekly payments; culminating with the final payment being made during the 12th week of age. If the Animal is reserved after the 4th week of age, then the Buyer may need to expedite some payments to ensure the Animal is paid in full before it may go home and in compliance with Section 1.11(a), unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.
e.
Our Kitten Payment Plan is administered by Partial.ly and includes a seven percent (7%) plus thirty cents ($0.30) transaction fee. Failure to make timely payments in accordance with the terms of the agreement with Partial.ly shall constitute breach of Contract.
f.
Partial.ly will attempt to re-authorize a failed payment twice before it cancels the agreement and issues a breach of contract statement to Noble Manes Cattery.
g.
In the event of Contract breach due to failure to make the required payments, the remaining balance will become due in full and payable within seven (7) days of notice of default, unless written arrangements are made for extended this payment window.
h.
If the Buyer fails to make the balance payment as outlined in Section 1.5(f), this Contract is voided and full ownership of the Animal shall revert back to Nebraska PurfecTigers Maine Coon Cattery.
i.
No refund will be issued for breach of contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
1.6
Nebraska PurfecTigers Maine Coon Cattery charges a $50.00 non-refundable application processing fee for each submitted adoption questionnaire. This fee will be credited towards the total adoption price of the kitten selected as outlined in Section 1.14. If for any reason your application is not accepted by PerfecTigers Maine Coon Cattery, we will issue an immediate refund of this application processing fee.
a.
This application processing fee is not a Kitten/Cat Deposit and does not reserve any animal. Nor does the application processing fee count towards the required deposit as outlined in Section 1.7.
1.7
At the Signing of this Contract a non-refundable minimum deposit is required to reserve the Animal as outlined below. If for any reason Buyer is unable or unwilling to complete the purchase of the Animal, no refund of this deposit or other compensation will be paid to Buyer and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
a.
Household Pet:
$400.00
b.
Established Breeder:
$1,500.00
c.
For purposes of this Agreement “ESTABLISHED BREEDER” shall be defined to mean a TICA Cattery with a minimum of 2 years active breeding experience. Catteries with under 2 years of experience, if breeding rights were to be offered are required to pay in full at Contract Signing.
d.
An alternate form of deposit may be authorized by the Breeder on a case-by-case basis and must be confirmed in writing as a Statement of Work in connection therewith and attached to Addendum {6} hereto, as outlined in Section 7.2.
1.8
At the signing of this Contract with receipt of the required deposit outlined in Section 1.7, the Breeder has no right to offer the Animal to third parties and the Animal is considered “RESERVED” in the name of the Buyer until final payment is made at which time the Animal is reclassified as “SOLD”; unless revoked under Section 1.9.
1.9
The Breeder in their sole discretion may revoke the Animal adoption at any time and for any reason up to and including the date/time of delivery. To aid in this decision and to address any and all concerns Breeder may have during the Adoption Process, at the signing of this contract Buyer grants Breeder full authorization to conduct a background check and evaluate social Media platforms for all residents of their household. Furthermore, Buyer authorizes Breeder, or Breeder’s authorized agent, to conduct an on-site house inspection and personal interview of each household member if deemed necessary in Breeder’s sole discretion, with twenty-four (24) hours written notice.
a.
The Breeder will provide a Contract termination letter to the Buyer informing them of their decision.
b.
Any funds received, including the deposit, except as outlined in Section 1.9(e), will be refunded in full. Any merchant/bank fees not retained by the Breeder are exempt from refunds.
c.
Buyer acknowledges that the pre-adoption questionnaire that was submitted was completed to the best of their knowledge, free of falsifications and/or omissions, and true and complete in material detail.
d.
If Breeder becomes aware of information submitted on the pre-adoption questionnaire that violates the terms of Section 1.9(c), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery.
e.
No refund will be issued for breach of Contract in violation of Section 1.9(d) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
1.10
Buyer agrees that if this Contract is for the purchase of a Kitten; under no circumstances will the kitten be allowed to leave the Cattery until they reach a minimum of fourteen (14) weeks of age on domestic adoptions, or a minimum of sixteen (16) weeks of age on international adoptions, provided Dam and Kitten are ready. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian. If this date is extended by the Breeder no extended boarding charges will apply from the original pickup date to the revised pickup date, and the “NO LATER THAN” date listed in Section 1.11(a) will be extended the same number of days as the revised pickup date.
1.11
Buyer agrees that if this Contract is for the purchase of a Kitten; Buyer will collect the Animal or arrange for shipping/delivery No Later Than sixteen (16) weeks of age on domestic adoptions, and no later than eighteen (18) weeks of age on international adoptions. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.
a.
Failure to collect the Animal or arrange for shipping/delivery before this date (__________) shall constitute breach of Contract unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.
b.
If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.11(a), this Contract is voided and full ownership of the Animal shall revert back to PurfecTigers Cattery.
c.
An invoice for a Statement of Work for boarding as outlined in Section 7.2(a) will be provided upon request if the extended boarding is approved by the Breeder. This invoice will be sent via email and must be paid in full in accordance to Section 7.3(a).
d.
No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
1.12
Buyer agrees that if this Contract is for the purchase of a Junior, Adult, or Senior Animal; buyer will collect the Animal or arrange for shipping/delivery No Later Than two (2) weeks from the date of this Contract. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.
a.
Failure to collect the Animal or arrange for shipping/delivery before this date (__________) shall constitute breach of Contract unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.
b.
If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.12(a), this Contract is voided and full ownership of the Animal shall revert back to PurfecTigers Cattery.
c.
An invoice for a Statement of Work for boarding as outlined in Section 7.2(a) will be provided upon request if the extended boarding is approved by the Breeder. This invoice will be sent via email and must be paid in full in accordance to Section 7.3(a).
d.
No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
1.13
Buyer acknowledges that processing and transaction fees are charged during the checkout process. The combined rate of these fees is 3.5% plus thirty cents ($0.30) if utilizing a credit/debit card or 7% plus thirty cents ($0.30) if utilizing our Kitten Payment Plan by Partial.ly. These fees are not retained by PurfecTigers Cattery, and therefore, will not be included in a refund due Buyer under any provision of this Contract.
1.14
Account Credits (User Funds):
a,
PurfecTigers Cattery assigns account credits in the form of User Funds for all reimbursements as outlined in Sections 1.6 and 2.4 of this Contract. Additionally an Applicant may add to their User Fund balance as a form of a savings account towards the future adoption of a Purebred Maine Coon Feline.
b.
User Funds are not refundable and have no “Cash Value” except as outlined in Section 2.4(c) and may only be used at PurfecTigers Cattery for adoptions or the acquisition of goods and services.
1.15
Contract Provision Exclusions:
a.
__________________________________________
__________________________________________
__________________________________________
Section 2: (Health & Guarantees)
2.1
PurfecTigers Cattery has full DNA Testing done on all breeding pairs. This testing is performed in conjunction with Optimal-Selection.com in a cooperative effort with TICA. Services are performed by Neogen’s GeneSeek Operations lab, located at 4131 N. 48th Street, Lincoln NE 68504. The following specific tests are conducted and test reports will be included for the Animal’s Sire and Dam in your document packet.
a.
Blood-Brain Barrier Dysfunction (MDR1)
b.
Cystinuria Mutation (SCL7A9)
c.
Factor XII Deficiency (FXII)
d.
Hypertrophic Cardiomyopathy (HCM)
e.
Mucopolysaccharidosis (MPS)
f.
Polycystic Kidney Disease (PKD)
g.
Progressive Retinal Atrophy (PRA)
h.
Pyruvate Kinase Deficiency (PKDef)
i.
Spinal Muscular Atrophy (SMA)
2.2
In addition to the above genetic testing, the Sire and Dam will be regularly screened for any health issues including heart conditions/murmurs. Each Animal will have had a pre-adoption examination as outlined in Section 2.3, vaccinations and wellness checks as determined by our Cattery Veterinarians:
ST.PAUL VETERINARY CLINIC
1373 Highway 281
ST. PAUL, NE 68873
(309) 754-4222
2.3
A pre-adoption wellness check (Kitten Adoption Veterinarian Clearance) is preformed on the Animal at “8 weeks of age” by our Cattery Veterinarians.
a.
This clinical assessment includes checking each of the following areas: coat/skin, head/neck, eyes, ears, nose, mouth/throat, gums/ teeth, chest, abdomen, legs/joints, paws/pads, back/spine, tail, genitals.
b.
The diagnostic assessment includes the following: gender confirmation, weight measurement, listening for lung and heart sounds, detention and grading of any murmur.
c.
An overall assessment by the Veterinarian is made to include clearing the Animal for Adoption.
2.4
Misgendering of the Animal, although rare, has been known to happen. Breeder and our Cattery Veterinarians strive to accurately assess the gender of the Animal both at time of birth and again during the pre-adoption wellness check as outlined in Section 2.3, and Buyer acknowledges that definitive gendering can only be done at the time of spay/neuter.
a.
If the gender of the Animal is confirmed to be different than that listed in Section 1.1(k) after the execution of this contract, Buyer at their discretion, can elect to proceed with the adoption or withdraw from this contract and select a kitten from a future litter.
b.
If Buyer elects to withdraw from the adoption as outlined in Section 2.4(a) a credit in the amount of the original adoption price will be issued as outlined in Section 1.14 for use toward selection of an alternate future kitten. If the selected kitten’s adoption price is higher than the value of the User Funds issued, Buyer is responsible for the difference in price.
c.
Buyer will receive a reimbursement, if requested, of any unused User Funds after the execution of the new adoption contract.
d.
No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal of the original gender listed in Section 1.1(k) within six (6) months of a confirmed misgendering.
2.5
Breeder guarantees that this Animal is, to the best of Breeder’s actual knowledge, free from genetic defects, congenital diseases, parasites, and is in good health at the time of sale.
a.
Breeder reserves the right to delay the date of delivery or sale if necessary to ensure safety and health. If Breeder is unable to deliver Animal for any reason, including but not limited to health or mortality, a replacement Animal of similar value will be provided. No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within six (6) months from the “Go Home Date” as outlined in Section 1.3(c). The Animal will be replaced with an Animal selected by Breeder in Breeder’s sole and absolute discretion of equal value.
b.
If the Animal is being shipped, it will be accompanied by a veterinary health certificate. The cost of the Veterinarian appointment and issuance of the Health Certificate is not included in the price of the Animal. The cost for this service is detailed in Section 7.2(f).
2.6
The Animal may be returned for a full refund if it is found to be sick during the ninety-six (96) hour sickness guarantee period. The ninety-six (96) hour sickness guarantee period begins when the Animal leaves the care of PURFECTIGERS Cattery for shipping too, or collection by Buyer. Illness must be diagnosed and documented by a certified veterinarian.
a.
A cattery exit wellness check ( Normally the 12 Week Vaccinations check up. ) is conducted prior to the Animal leaving PURFECTIGERS Cattery. This clinical assessment rechecks all the areas outlined in Section 2.3 with the addition of a clinical inspection of the alter site to determine if the Animal is cleared to go home.
b.
The Animal will only be permitted to leave the Cattery for shipping too, or collection by Buyer, upon the Animal receiving a Veterinarian Cleared To Go Home endorsement signed by our Cattery Veterinarians as listed in Section 2.2.
c.
Failure to inform Breeder within twenty-four (24) hours in accordance with Section 8 of veterinarian’s finding illness or other cause for concern will waive any rights to compensation, including refund or replacement under any Section of this Contract.
d.
Breeder requires, and all warranties under Section 2.6 are subject too, and it is Buyer’s responsibility to activate the thirty (30) day free trial pet insurance provided by Breeder if the Animal is one (1) year old or younger at Go Home Day in accordance to Section 4.6. Failure to activate this insurance prior to leaving the cattery for pickup or within one (1) hour of delivery of the Animal will waive Section 2.6 of this Contract and all rights and health guarantees to refund within this Section are void.
e.
Breeder shall not be responsible for paying any veterinarian fees or associated costs.
f.
Breeder may require a second veterinary opinion, at Breeder’s expense.
g.
Breeder is not responsible for illness or injury to the Animal resulting from Buyer’s mishandling, mistake, or accident.
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