COMPANION KITTEN CONTRACT

This is a sales contract between Pamela Smithson (hereinafter referred to as “Seller”) of Simply Bengals cattery, and _________________________________________(hereinafter referred to as “Buyer”), for the purchase of a purebred Bengal Kitten, litter registration number__________________, born on _____________________________; sired by ___________________________________, out of __________________________________________, for the price of $_______________________.

Health Guarantee:

Seller is transferring this Kitten to buyer in good faith as a healthy and well cared for animal. Seller guarantees this Kitten to be free from feline leukemia virus (FeLV), feline infectious peritonitis (FIP), and Feline immunodeficiency virus (FIV) at the time of sale. This Kitten is guaranteed to be of sound health at the time of sale and for a period of 72 hours from the date of sale. Buyer is encouraged to have the Kitten checked by a veterinarian of Buyer’s own preference within 72 hours from the date of sale. If within this 72-hour period the Kitten is deemed by Buyer’s veterinarian to be unsuitable for health reasons, the Kitten will be returned to Seller at Buyer’s expense for a full refund. Any medical care given during this 72-hour period shall be at Buyer’s sole expense. Buyer shall not deny the Kitten needed veterinary attention or treatment. If Buyer provides a written statement, with accompanying documentation, from a duly licensed veterinarian within 72 hours from the date of sale that the Kitten is not in sound health, the Kitten shall be returned to Seller in exchange for a full refund of the purchase price. Any costs associated with returning the Kitten shall be borne solely by Buyer. This guarantee shall be void if (a) it is determined by a licensed veterinarian during the 72-hour period following the date of sale that the kitten is not in sound health and Buyer elects to keep the Kitten notwithstanding health defects, or (b) Buyer fails to have the Kitten examined by a duly licensed veterinarian within the 72-hour period.

The Kitten is guaranteed against congenital defects until the age of twelve (12) months. Should the Kitten die on or before the age of twelve (12) months from a congenital defect, the Kitten may be replaced upon receipt (hereinafter “Date of Return”) of (a) a signed statement from a licensed veterinarian stating the exact cause of death, (b) an autopsy report, (c) a copy of the health and shot records for the Kitten. The cause of death must be shown to be a direct and proximate cause of a genetic defect, and Buyer must provide this information within fourteen (14) days from the date of the Kitten’s death. Replacement will be made with a Kitten of comparable quality. Seller shall have six (6) months from the Date of Return to provide Buyer with a comparable replacement if no comparable replacement is available on the Date of Return. Seller reserves the right to refund Buyer’s purchase price in lieu of replacement, but this decision is solely at Seller’s discretion.

Spay/Neuter:

This kitten is intended to be a household pet. Neutering or spaying is REQUIRED between four (4) months of age and no later than seven (7) months of age for females and nine (9) months of age for males. Kittens should weigh at least 4-5 pounds before having this surgery. Buyer agrees not to allow this Kitten to produce offspring. A registration application for The International Cat Association (TICA) will be provided by Seller when proof of spay or neuter by a licensed veterinarian is provided by Buyer. Failure of Buyer to spay or neuter shall entitle Seller to collect a fine of $3,000.00

Immunizations:

Seller does not immunize the Kitten for FIP or FeLV prior to sale, as these vaccines can depress the immune system of healthy cats. If Buyer immunizes the Kitten for FIP or FeLV, the Health Guarantees hereunder shall become null and void. Buyer bears sole responsibility for informing Buyer’s veterinarian not to administer these vaccines. If Buyer has the Kitten declawed the Health Guarantee hereunder shall be null and void.

Proper Care:

Buyer agrees to provide proper housing, diet, fresh water, parasite control, and general health care for the Kitten, including the completion of routine immunizations and boosters and prompt veterinary care for any illness or condition requiring medication or surgery. The Kitten is to be kept indoors only. The Kitten should be isolated from other pets for at least one week to allow the Kitten to acclimate to its new surroundings. Any changes to the Kitten’s diet should be made slowly, as sudden diet changes may result in episodes of diarrhea. The Kitten should be fed premium cat food. Prior to the time of sale, the Kitten has been fed Eukanuba Kitten dry food and Fancy Feast canned food. It is recommended that the Kitten have access to dry food at all times and be kept on a Kitten formula food until reaching the age of eight (8) months old. The Kitten has been litter-box trained using World’s Best cat litter.

Transfer of Kitten:

Buyer agrees that the Kitten will at no time be sold, leased, or transferred to any pet shop, animal dealer, animal research facility, animal shelter, nor anyone who has ever been convicted of neglect or cruelty to any human or animal. Buyer agrees not to abandon the Kitten. It is the intention of Seller that this be a permanent placement. If at any time Buyer becomes unable or unwilling to keep the Kitten, Seller should be contacted for advice as to placement. It is the responsibility of Buyer to place the Kitten in an excellent pet home that meets the same conditions as those stated in this contract.

Liquidated Damages:

Seller’s liability hereunder shall be limited to the purchase price of the Kitten, which shall be Buyer’s sole remedy in equity and law as liquidated damages hereunder.

Applicable Law:

Any dispute arising hereunder shall be governed solely by the laws of the Commonwealth of Virginia. Buyer shall be liable to Seller for any costs incurred, including court costs and attorney fees, associated with Seller enforcing the terms of this contract.

In signing this document, Buyer acknowledges that he/she has read and understands the terms herein and that Buyer agrees to all of the terms and conditions of the above sale.

Date of Sale:____________________________________________________

Signature of Buyer:__________________________________________________

Address of Buyer:________________________________________

______________________________________________________

Signature of Seller________________________________________________


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