PET KITTEN
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”) is entered into this ____insert date______between the following parties,_____________(“Buyer”) and _____________ (“Seller”)with respect to the following facts:
A. General Terms.
1. Terms of Sale. Buyer agrees to Purchase from Seller____describe kitten here - color/generation/sex/parents/litter registration #________________(“the kitten”) for the purchase price of _______ insert purchase price______________. Buyer also agrees to pay shipping charge from Phoenix to ____insert Buyer’s airport city and State in the amount of ____insert shipping cost.
A deposit in the amount of ___insert amount__ (“Deposit”)is to be paid/has been paid to Seller to hold the kitten. This deposit is non-refundable under any circumstance, with the exception of those mentioned in Section A.5 below. In the event the kitten becomes unfit for sale, Deposit shall be credited toward another kitten from Buyer.
2. Payment. Buyer further agrees that payment in full for the kitten shall be tendered via insert preferred method of payment - e.g. – cashier’s check/money order/Paypal/ cash no later than _____________.
3. Registration Papers. Upon receipt of written proof of spay/neuter of the kitten, via Veterinarians certificate of sterilization, Seller agrees to furnish Buyer with registration papers in a timely manner.
4. Shipping. Seller agrees to ship the kitten to _____Buyers designated airport___ upon receipt of full payment. In the event of full payment being in the form of a personal check, Seller shall ship the kitten upon clearance of the personal check through Seller’s bank account. Or alternative provisions regarding pick up of kitten.
5. Warranties by Seller. Sound health of kitten is guaranteed upon arrival. Vaccination, worming, and medical records are to be provided by Seller at the contemporaneously with shipment of the kitten. Health is further guaranteed for a period of seventy-two (72) hours from the time the kitten leaves possession of the Seller. It is highly recommended that Buyer take the kitten to Buyer's veterinarian within the 72 hour period for Buyer’s own satisfaction and protection. A general health examination including fecal testing is suggested.
If the kitten is found to be medically deficient and written confirmation of the same is provided to Seller, the kitten may be returned to Seller at Seller’s expense and Buyer shall be refunded the full purchase price.
In the event that the kitten dies as a direct result of a congenital defect unknown at the time of sale, the kitten will be replaced only if an appropriate necropsy is performed by a licensed Veterinarian and a Veterinarians certificate is provided to Seller showing proof of the cause of death. In the event of such a death due to previously undetected congenital defect and upon Buyer’s proof of death from the same, Buyer shall have the option of obtaining a replacement kitten of comparable quality as agreed upon by Buyer and Seller; or have Buyer’s purchase price refunded in full.
All warranties, either expressed or implied are null and void if Buyer gives the kitten a FIP vaccination. FIP has been shown to have adverse side effects and is not recommended.
6. Spay and Neuter.. All pet kittens shall be spayed/neutered before reaching ten (10) months of age. Five (5) months is the recommended age to prevent against possible negative behavior, such as spraying, due to sexual maturation.
7. Percentage of Wild Blood. Buyer recognizes and understands that kitten has a ____insert percentage of wild blood___wild blood factor. It cannot be predicted with any accuracy what wild traits the kitten may possess.
8. Buyer’s Inability to Keep Kitten. Buyer shall immediately notify Seller in the event that Buyer can no longer keep the kitten, or wishes to euthanize the kitten and Seller shall be given the right of first refusal to repossess the kitten at no cost to Seller. This condition shall survive for the lifetime of the kitten.
B. Default by Buyer.
In the event that Buyer fails to tender payment to Seller in the manner stated above in Section A.2. of this Agreement, this Agreement shall be null and void. In addition, Buyer shall pay to Seller a fee is the amount of $500.00 representing lost opportunity cost due to Seller in the even the kitten must be resold to another Buyer.
C. Miscellaneous Provisions.
1.
Modification. Neither this Agreement nor any of the terms of this Agreement,
nor any covenant or condition contained in this Agreement may be terminated,
amended, supplemented, waived, or modified orally, but only by an instrument in
writing signed by the party against which the enforcement of the termination,
amendment, supplement, waiver, or modification shall be sought. Any written
amendment duly executed by the parties to this Agreement shall be binding
notwithstanding the absence of any consideration therefor.
2. Choice of Forum. Seller irrevocably consents and submits to the jurisdiction of the courts of Maricopa County, Arizona and any United States Federal District Court in the district of Phoenix, Arizona in connection with any suit, action, or other proceeding arising out of or based on this Agreement. This Agreement shall be governed by and construed according to the laws of Arizona.
3. Governing Law. This Agreement, and all its provisions, shall be
governed by Arizona law.
4. Limitation on Actions. Any action brought under this Agreement shall be brought within one (1) year from the date of execution of the same
5. Severability. Any term or provision of this Agreement that is invalid
or unenforceable in any jurisdiction shall be ineffective only to the extent of
such invalidity or unenforceability and only as to such jurisdiction without
rendering invalid or unenforceable the remaining terms and provisions of this
Agreement or affecting the validity or enforceability of any of these terms or
provisions in any other jurisdiction.
6. Preparation. The parties to this Agreement have participated in the preparation of the Agreement. In the event of any dispute or disagreement involving the construction of this Agreement, no inference will be drawn from the fact that any party had principal responsibility for its preparation.
7. Entire Agreement. This Agreement is the entire agreement and understanding between the parties regarding its subject matter and merges all prior discussions between the parties. No claimed oral agreement with respect to the matters herein shall be considered any part of this Agreement.
8. Parties Bound. This Agreement is binding upon and all inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, assigns, agents, employees, principals officers, directors, shareholders affiliates subsidiaries, and related companies.
9. Attorney Fees. If any action at law or in equity is commenced by
either party to enforce or interpret the terms of this Agreement, the party
finally prevailing in such proceeding or action (after appeal, if any) shall be
entitled to recover from the unsuccessful party reasonable attorney fees, costs,
and necessary disbursements in addition to any other relief to which the
prevailing party may be entitled.
10. Force Majeure. In the event of interruption of Seller’s business in whole or in part by reason of fire, flood, wind, storm, earthquake, war, strike, embargo, acts of God, governmental action, or any cause beyond Seller’s control, Seller shall have the option of canceling or deferring shipment of the kitten by verbal or written notification to Buyer.
11. Counterparts. This Agreement may be executed in two (2) or more
counterparts, all of which shall be considered one and the same agreement, and
shall become effective when one counterpart has been signed by each party and
delivered to the other party hereto.
12.Notices. All notices, requests, demands, and other communications
required by this Agreement shall be in writing and shall be mailed by first
class registered or certified mail, or delivered by facsimile transmission as
follows, or to such other address as a party may designate to the other in
writing:
(a) If to Seller: ________ [address of seller]
(b) If to Buyer: ________ [address of buyer]
13. Headings.. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF,
the parties have executed this Agreement as of the date first set forth above.
______________________________
Seller Date
Include Name, Cattery Name, Address, Phone, Fax and Email here
______________________________
Buyer Date
Include Buyer’s Name, Address, Phone, Fax and Email here
____________Deposit paid on __________
____________Balance paid on __________