Cat - Breeder Quality or Pet Quality Contract/Health Guarantee
This Agreement is made and entered into this day of
and between Pocono Paws, Donna Simpson, ________________________
(hereinafter known as Seller ),
(hereinafter known as Buyer ).
1. Seller agrees to sell, and Buyer agrees to buy, one purebred Persian or
Bengal described as follows:
Litter #: Date of Birth: Sex: Color:
SIRE: CFA #:
DAM: CFA #:
2. Payment in Full. The purchase price will be $__________ (________ and
plus any shipping charges and/or delivery charges making a total balance
due of $_______ (______ and no/100 dollars). The total amount due must be
paid in full prior to Buyer taking possession of the above-described kitten.
Once Buyer takes possession of the above-described kitten all rights and
responsibilities of ownership is the sole responsibility of Buyer (including,
but not limited to, veterinarian costs).
3. Deposit and Hold. Buyer has read, understands, and agrees to our
deposit and hold policy as described as follows: Buyer is making a non-
refundable deposit of.
The deposit amount is $___________ (_____ and no/100 dollars) to reserve
the above-described kitten. This deposit amount does not include any
shipping and/or delivery charges. This deposit is non-refundable except if
Seller cannot provide a kitten to Buyer for some unforeseen reason.
4. Balance Due. The balance of the purchase price in the amount of
$____ (_________ and no/100 dollars),
plus any shipping or delivery charges in the amount of $_____ (_________
and no/100 dollars).
a. If kitten is being shipped or delivered to Buyer - Buyer must pay to
Seller in the agreed-upon form of payment the total cost of the shipping two
week (14 days) prior to the shipping date. The balance due will have to have
cleared our bank in order for Pocono Paws to relinquish kitten to Buyer.
b. If kitten is being picked up by Buyer - if payment is made by cash, the
balance is due on the day Buyer picks up the kitten.
5. Payment Method(s). Buyer has the choice of making payment(s) with
cash, postal money order.
6. Shipping or Delivery Charges. Shipping charges are approximately
$400.00 within the continental United States. Pocono Paws does not ship a
kitten outside the continental United States. Pocono Paws ships our kittens
from Newark Airport in New Jersey. Buyer has read, understands, and
agrees to the following shipping policy: Buyer is responsible for all shipping
charges, airline-approved crate (carrier), insurance, veterinarian's health
check and issuance of the health certificate, any comfort items for the
kitten (i.e., bedding), and food. All of the afore-mentioned shipping costs
are included with the total shipping costs of approximately $450. Buyer
must pay to Seller in the agreed-upon form of payment the total cost of the
shipping two weeks (14 days) prior to the shipping date of the kitten. If said
funds are not received and cleared Seller's bank, the kitten will not be
shipped or delivered to Buyer and the deposit will be forfeited and the kitten
may be sold to someone else. Buyer must read, agree to, sign, and return
the Contract of Sale to Seller prior to shipping or delivery of this kitten.
a. Buyer understands and agrees that the kitten will not be shipped out in
unacceptable weather temperatures (i.e., the temperature must be above
40° degrees and below 70° degrees in BOTH Pennsylvania and the city
where the kitten is to be shipped to).
b. Buyer understands and agrees to telephone or e-mail Seller immediately
upon receipt of the kitten to confirm receipt.
c. Buyer understands and agrees to inform Seller, in writing, within 72
hours of receipt of the kitten (excluding holidays and/or weekends), if there
are any health concerns then such notice must be accompanied by a
written explanation of the specific health concern and severity of such
health concern, by a qualified, licensed veterinarian. At that time, Buyer has
the option of returning the kitten, at Buyer's sole expense, within 72 hours
of receipt of the kitten of cat. After 72 hours from receipt of the kitten,
Pocono Paws will not accept the return of the kitten unless prior written
arrangements have been made between Buyer and Seller.
If possible, Pocono Paws prefers to meet all of our Buyers. If Buyer is within
the state of Pennsylvania, New Jersey or New York. Seller may arrange to
meet Buyer at a mutually agreed upon place for the delivery of the kitten.
Buyer understands and agrees that if Seller travels to meet Buyer to deliver
the kitten, a delivery charge will be added to the cost of the kitten.
7. Spay/Neuter Agreement If kitten is sold as a show/breeder. None.
Buyer is receiving an intact kitten.
Spay/Neuter Agreement If kitten is sold as a pet. Spay /Neuter agreement
will be signed when purchasing a kitten as (pet) only. This agreement is
legal and binding. If purchasing a kitten as (pet) only you will be required to
have your kitten spayed/neutered before any registration papers are
received by the purchaser. CFA or TICA papers on cat or kitten will be with
held until notification of altering of the animal is received and verified.
Permanent ownership of this kitten is contingent upon your compliance with
this Addendum. Proof of the spay/neuter must be received by the
(PURCHASER’S NAME) within fourteen (14) days after the surgery. In the
event that the kittens health does not allow this agreement to be honored,
Pocono Paws must be provided with a statement from your veterinarian that
this kitten is not yet in physical or emotional condition for surgery. Based
upon the veterinarian’s evaluation of this kitten the (purchaser) will contact
the veterinarian and establish the earliest date that the procedure can be
performed. (PURCHASER) will notify the (BREEDER) of this amendment in
writing, at which time all other conditions of this agreement will apply and
This is the responsibility of the PURCHASER, not the veterinarian, to ensure
that Pocono Paws has received verification that the surgery has been
performed. Failure to comply with this agreement by the date below, unless
otherwise agreed to in writing, will be considered a breach of the contract,
and PURCHASER will transport this cat or kitten back to Pocono Paws and
will not be entitled to a refund.
By my signature below, I agree to have this kitten spayed/neutered by no
I understand that this spay/neuter agreement is an agreement that this
kitten will not produce a litter of kittens either as purposely bred or by
accidental breeding. I also agree that should kitten not be altered that I will
return said kitten back to Pocono Paws with no refund.
Telephone number (home) :(_______) ____________________________
(Cell) :(_______) _____________________________________________
Driver’s License Number:______________________________________
SPAYING OR NEUTERING YOUR KITTEN IS HEALTHIER FOR THEM
Neutering a male eliminates the possibility of testicular tumors and
efficiently reduces the chance of prostate problems.
Neutering decreases the chance of perennial tumors and hernias that are in
older, UN neutered males.
Spaying and neutering before sexual maturity has a temperament benefit.
Males neutered early in life tend to be less aggressive. Neutered males are
less likely to mark in your home.
A spayed female does not have hormonal mood swings and will make a far
superior pet and companion.
Females spayed before their first estrous cycle reduces her chance of
mammary tumors, ovarian cancer and uterine infection.
8. Conveyance. Seller agrees to execute and deliver to Buyer the CFA or
TICA registration paperwork and/or Certificate of Registration conveying
ownership of the above-described kitten to Buyer upon payment of the total
purchase price, and any shipping and/or delivery charges, if applicable. In
the event, the kitten is being shipped, all original CFA or TICA registration
paperwork, health record book, and any other documentation will be placed
(and taped) to the top of the carrier the kitten is being shipped in.
9. Return Policy, Health Guarantee and Health Guarantee - Exceptions.
Pocono Paws is a PKD, FIV and FELV free cattery. To the best of Seller's
knowledge, the above-described kitten is progeny of animals that are
healthy. Buyer understands and agrees that in order to validate the Health
Guarantee; Buyer must isolate the kitten from any other animals in the
Buyer's home until after a qualified, licensed veterinarian performs the
health check. Buyer is required to have the health check on the above-
referenced kitten within 72 hours (three business days) of Buyer's receipt
of said kitten by a qualified, licensed veterinarian. Failure to have the kitten
examined by a qualified, licensed veterinarian within 72 hours (three
business days) of Buyer's receipt of said kitten, will make any health
guarantees in this Agreement null and void. Such health check must be
performed within 72 hours from Buyer's receipt of the above-described
kitten. After 72 hours have elapsed, Buyer assumes all responsibility of
ownership of this kitten, including, but not limited to veterinarian costs.
a. If the above-described kitten is taken to a licensed veterinarian within 72
hours of delivery, and is found to have a serious health problem that will
affect the life span or life enjoyment of the kitten, then Pocono Paws will
offer an exchange for the above-described kitten with a kitten of equal
quality from the first available litter born. 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 kitten, Buyer
is solely responsible for all shipping and/or delivery expenses.
b. If, a qualified, licensed veterinarian, as set forth in paragraph 9, above,
upon examination and testing of the above-described kitten discovers that
said kitten suffers from a congenital defect, as outlined in paragraph 8i,
below, unknown to Seller at the time of sale, and no replacement is available
at that time, Seller reserves the right to furnish a replacement kitten on an
availability basis ONLY with a cat or kitten of similar quality. If a kitten of
equal quality to the above-described kitten cannot not be made within
twenty-four (24) months from the date of this Agreement, then Buyer agrees
to accept a replacement kitten of any color, and/or sex. Buyer understands
and agrees to make a choice from what is offered. No replacements will be
made until all registration papers, health record booklet, a signed statement
from the veterinarian, and all medical records for the above-referenced
kitten are returned with said kitten. A new contract will be signed on the
replacement kitten. If Buyer fails to return such documentation related to
this issue to Seller, Buyer hereby waives his/her right to exchange the
**NOTE** Seller reserves the right to have a second opinion provided by a
veterinarian of her choice, at her own cost. Under no circumstances will
seller be obligated to buyer for a cash refund or veterinarian costs.
I, Congenital defects are limited to the following: Polly cystic kidney
disorder (PKD), cardiomyopathy, entropions, cataracts (cataracts may
undergo spontaneous resorption within the first year [i.e., disappear]; if
not, and if the retina is working, surgery may be needed.), degeneration of
the retina, cleft palates and cleft lips, mega esophagus, port systemic shunt
(liver), patent ductus arteriosus (PDA), seborrhea oleosa, amyloidosis, and
c. Buyer has the right to return the above-described kitten for up to one
(1) year from the date of this Agreement for a replacement kitten of equal
quality (excluding shipping and/or delivery charges), ONLY IF a qualified
veterinarian sends to Seller a signed certification (on the veterinarian's
business letterhead) that the kitten has any fatal congenital defect that
cannot be treated. A detailed statement by the examining veterinarian, along
with copies of all medical records, x-rays, lab work, and notes MUST
accompany the signed certification and will precede the return of the kitten.
This certification must state what the fatal congenital defect is, the
treatment, approximate cost, and the origination of the problem. Seller
reserves the right to get a second opinion, at her expense, by a veterinarian
of her own choice. Arrangements for the return of the above-described
kitten must be agreed to, in writing, by Seller and Buyer prior to the Buyer
sending the kitten back to Seller. Buyer is solely responsible for all delivery
and/or shipping costs related to returning of the above-referenced kitten to
Seller. Under no circumstances will seller be obligated to buyer for a cash
refund or veterinarian costs.
d. Extended Health Guarantee. In addition to the health guarantee set
forth above, Seller provides a five (5) year guarantee that the cat is fertile
and without any known genetic defects which would interfere with the cat's
stated purpose of a breeding animal. All medical records, test, x-rays, etc.
Must be provided to Seller prior to the activation of paragraph 9. After a
review of all pertinent medical records by Seller's veterinarian, he/she will
make the final decision as to whether paragraph 9, will apply. The terms and
conditions of the health guarantee as outlined above, including the
necessity to conduct a necropsy and provide Seller with all documents from
Buyer's veterinarian to indicate the specific tests and screening
mechanisms used to identify any congenital defect will also be provided to
i If a female, a genetic defect must be discovered through breeding to no
less than two (2) males of significantly different lineage. If a male kitten, a
genetic defect must be discovered through the breeding to no less than two
(2) females of significantly different lineage.
ii A replacement kitten will not be provided to Buyer before Buyer provides
to Seller written verification from a qualified, licensed veterinarian that the
above-described kitten has been spayed/neutered or is deceased.
iii Fertility is not guaranteed when the cat has contracted a genital and/or
reproductive tract bacterial infection, or when the cat has contracted a
virus known to affect fertility and/or viability of fetus or newborns.
(4) Fertility is defined as the cat delivering at least one live kitten.
e. Buyer understands and agrees that the health guarantee as outlined in
paragraph 9, above, does not cover any condition stemming from the
Buyer's neglect, illnesses, or accidents, that the kitten came in contact with
while in the Buyer's care, including, but not limited to, blood transfusions,
vaccination reactions, including mishaps occurring during shipping, use of
clumping cat litter, and death due to surgical procedures.
f. If the kitten is being shipped, the guarantee does not cover fleas, ear
mites or fungus, since these conditions can be acquired during shipping to
Buyer's home NOR the loss of the cat due to unforeseen circumstances or
airline mishandling. Seller takes every precaution to keep kittens and cats
free of fungus and parasites.
g. Buyer understands and agrees that any health guarantee applies only to
the original Buyer, named on page one of this Agreement. Buyer
understands and agrees that the kitten must be under the regular care of a
h. 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.
i No refunds will be made for a dead kitten. A replacement kitten will be
made, only if a qualified, licensed veterinarian, trained in such procedures,
performs a necropsy and such report is provided to Seller, and such report
states that the above-described kitten died of a fatal congenital defect (as
outlined in paragraph 9, above) and could not be treated. Seller is not
responsible for any veterinarian or medical costs whatsoever.
j. Buyer understands and agrees that he/she assumes all responsibility for
the above-described kitten from when Seller delivers the kitten to Buyer; or
if the kitten is being shipped, then Buyer assumes all responsibility for the
kitten when it is delivered to the shipper/airline. If the kitten is being
shipped, Seller will place the sales price (shown on page 1 of this contract)
as the "value" of the kitten for the airline's insurance/replacement value. If
the kitten is lost or dies during the flight due to the airline's mishap, Buyer
understands and acknowledges that Buyer will have to pursue any action
against the airline carrier for the value of the kitten and not against Seller.
k. Buyer understands and agrees that failure to have the kitten examined
by a qualified, licensed veterinarian within 72 hours of delivery (three
business days) of Buyer's receipt of said kitten will make any health
guarantees in this Agreement null and void.
l. Buyer understands and agrees that Seller has made no claims as to the
above-described kitten's possible potential, or future health as the
environment in which said kitten is transferred can greatly impact said
kitten's or cat's well being. Buyer further understands and agrees that
Seller has made no claims as to the ability of the above-described kitten to
earn awards as this kitten is being sold as "Breeder Quality" and not as a
"Show Quality" animal.
10. Health Record. The above-described 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 kitten may contract through transportation
from Pocono Paws to the Buyer's home.
11. Care of This Kitten. Buyer agrees that he/she is not acting as an
agent in the purchase of this kitten; and, that the kitten will reside at the
home of the Buyer, it will not be allowed to be an outdoor cat, and will be
provided with proper health.
a. Buyer understands and agrees that under NO circumstances shall the
above-described kitten be sold, given away, traded, leased or donated to
any pet shop, humane society, research laboratory or any similar facility.
b. 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)
are required and should be brought up-to-date on the health record
provided to Buyer at the time of purchase. Any Kitten vaccinated for FIP
voids all health guarantees. Seller strongly advises against the FELV (feline
leukemia) vaccination. However, if the Buyer's veterinarian insists upon
such a vaccination for this kitten, it MUST be the Merial PureVax FELV
vaccine ONLY. If any other brand of FELV vaccine is used, this contract is
null and void.
c. Buyer agrees to keep the kitten in a safe environment and not allow this
kitten to run at large under any circumstances, and under no
circumstances, will Buyer allow any children, child or adult to harass or
mistreat the above-described kitten.
BUYER AGREES THAT DECLAWING IS CRUEL AND UNNECESSARY AND
MAY CAUSE TERRITORIAL
MARKING. A DE CLAWED CAT CAN BECOME PERMANENTLY CRIPPLED
AND MAY HAVE TROUBLE WALKING, JUMPING AND PLAYING. BUYER
MUST AVOID DE CLAWING AT ALL COST.
d. Buyer understands and agrees that after the delivery date herein of the
above-described kitten that Seller is not responsible for any veterinary or
other professional bills/costs incurred on behalf of said kitten. Buyer
further understands that if there is a question as to whether the 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 insure the health and well being of
12. Use. Buyer understands and agrees that the above-described kitten
was purchased as a Breeder Quality animal, or a Pet Quality animal and not
a Show Quality animal. Further, Buyer understands and agrees that by
acceptance of this kitten that this is intended to be a permanent placement
for said kitten.
a. Buyer understands and agrees that this kitten will not be shown unless,
and until, Buyer receives written permission from Seller to do so. Further,
Buyer understands and agrees that in the event that this kitten is shown,
said kitten will be shown a minimum of one (1) time in a kitten competition,
and in the event the kitten attains the title of Champion, Buyer agrees to
show this kitten a minimum of three (3) times in regular Open or Grand
b. Buyer understands and agrees that the above-described kitten can be
used for breeding purposes. It is also understood by the Buyer, that if this
cat is a female, that it will NOT BE BRED until she has reached the age of
one (1) year. If she has not produced a litter by the age of two (2), after
being bred at least three (3) times to a proven male, a female kitten of
comparable quality will be provided when available. Male cats are not to be
used as a stud until they are at least eight (8) months of age. A male cat
that is not breeding by the age of three (3) years or do not have two (2)
descended testicles by the age of nine (9) months will be replaced with a
male kitten of comparable quality when available. Buyer must provide the
above-described cat's medical records to Seller in order to make a claim for
a replacement cat under the provision of paragraph 11b.
c. Buyer understands and agrees that the health guarantee and any other
guarantees are null and void should any and all types of cosmetic and/or
elective surgery be performed on the above-described kitten.
13. Address, Telephone and Other Contact Information. Buyer and Seller
both agree to provide each other with updated address, telephone numbers,
email and other contact information within one week (7 days) if either of
them re-locate from the address and/or telephone numbers on this contract.
14. First Right of Refusal. If, for any reason, Buyer is unable to keep this
kitten, Seller shall be given the first right of refusal. Buyer will first offer the
cat or kitten, intact, to the Seller for no more than the original purchase
price. If Seller accepts this kitten back, at the sole expense of Buyer, the
kitten shall be returned to Seller's possession and control, and Buyer shall
execute all necessary documents to transfer ownership back to Seller. If
Seller is unable to take said cat, then said cat will be neutered or spayed
prior to be sold. Buyer will provide to Seller all pertinent information as to
the placement of said cat (i.e., name, address, etc. of new Buyer).
15. Buyer understands and agrees that his/her failure to comply with any
provision of this Agreement may detrimentally affect the reputation of
16. 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.
17. 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.
18. Amendments to this Agreement. It is mutually understood by both
Seller and Purchaser that any changes and/or additions to this Agreement
must be initialed by both parties.
19. Severability. The invalidity, illegality, or un enforceability 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.
a. Cumulative. 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.
b. Seller's Right to Injunction. In the event of a breach by Buyer of the
duties provided in Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, and 20, (and paragraph 21, if applicable), it is understood that
Seller's reputation as a breeder of Persian and Bengal 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
22. Additional Agreements. See attached HCM Addendum.
This Contract Is Made and Signed by Both Parties to Ensure the Well-being
and Protection of this Kitten. This Contract Constitutes the Full Agreement
Between Buyer and Seller. No Other Warranty, Verbal or Written, Is Implied.
UNDER NO CIRCUMSTANCES WILL THE BREEDER DONNA SIMPSON /
POCONO PAWS BE RESPONSIBLE FOR ANY VET BILLS ONCE YOU LEAVE
WITH YOUR NEW FAMILY MEMBER. IF YOUR KITTEN SHOULD COME
DOWN WITH ANY COLD LIKE SYMPTOMS DUE TO STRESS FROM MOVING
INTO A NEW HOME AND SHOULD NEED ANY MEDICATIONS WITHIN 72 HRS
I WILL ONLY BE ABLE TO PAY FOR ANY MEDICATIONS NEEDED, NOT VET
EXAM OR ANY ROUTINE TESTS.
|Please read carefully
Print sign and return with your deposit