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Witchinghour Bengals
Christina Clark
Port Deposit, MD 21904
410-378-3214
witchinghour1977@msn.com
CONTRACT AND GUARANTEE
3-Day
Guarantee:
Your kitten/cat is guaranteed
to be of sound health upon delivery. It is guaranteed for a period of 72 hours from the time of purchase/arrival if vet-checked
within that time. (AT BUYERS EXPENSE). Failure to take animal to the vet within the 72-hour guarantee period will render this
contract null and void. The kitten/cat is to be in quarantine during this time. If the kitten/cat is found to be medically
deficient with an untreatable or life-threatening problem, "Unsound
health" shall be defined as any condition that is "life threatening" or
"incurable" and shall not include curable conditions or infections such as colds, virus, bacterial infections or skin rashes.
It must be reported to the seller immediately and the buyer must return said animal to the seller immediately. FAILURE TO
REPORT TO SELLER WITHIN TIME FRAME WILL VOID THIS WARRANTY. Upon NO circumstances will the seller be responsible for any of
the buyer’s veterinarian expenses pertaining to said kitten/cat.
UNDER NO CIRCUMSTANCE IS A CAT OR KITTEN TO BE DESTROYED WITHOUT WRITTEN AGREEMENT FROM THE SELLER. If no replacement is available
at that time, the seller will have 1 YEAR to furnish a replacement of comparable quality and value at the discretion
of the seller. THE BUYER IS RESPONSIBLE FOR THE SPAY/NEUTER FEE ALONG WITH ANY OTHER BILLS AQUIRED BY TAKING THE REPLACEMENT
KITTEN/CAT TO THE VET, CARDIOLOGIST ECT FOR THE NEW REPLACEMNT KITTEN, SELLER IS NOT OBLIGATED AT ANY TIME FOR THESE BILLS. If
the buyer refuses a replacement of said kitten/cat the seller will have NO further obligation to the buyer for said animal.
The kitten/cat cannot be returned after the guarantee period has expired and/or if it has been exposed to another kitten/cat,
which has not been currently tested negative for FeLV, FIV and FIP. It is the responsibility of the buyer to provide immediate
veterinary care to any kitten/cat showing signs of illness or distress and failure to do so will render this guarantee null
and void. If the buyer elects to keep the animal despite health problems, instead of returning it to the seller, the buyer
agrees that without further action of the buyer or seller, seller is released from all liability for the entire life of the
animal and this contract will become null and void. If the animal dies within the guarantee period, despite medical treatment
from a licensed vet, compensation will be made ONLY if a pathological autopsy is performed at the cost of the buyer, and the
results thereof delivered to the seller along with documentation containing lab results from blood and tissue samples, x rays,
shot records and cat/kitten’ registration papers. Trauma,
abuse and neglect will void this contract. It is the seller’s
right to ask for the cat to be returned for identification before the buyer receives replacement or refund. The liability
to the seller will not exceed the purchase price of the kitten/cat.
*
Upon NO circumstances is the SELLER responsible for any shipping cost for replacing or confiscating a kitten/cat , this is
at the(BUYERS EXPENSE). BUYER IS RESPONSIBLE FOR BRINGING OR SHIPPING BACK THE CONFISCATED KITTEN. AT NO TIME WILL SELLER
BE RESPONSIBLE FOR THE BUYERS GAS COST.
3-Year Guarantee:
This kitten/cat is guaranteed from congenital defects for 3 years from date of delivery, as follows: should it
die within the time as a direct result of a congenital defect, it will be replaced ONLY if an appropriate autopsy is performed
from a licensed vet and a vet’
s certificate
is provided as proof of congenital defect as the cause of death. A replacement will be made of a kitten /cat of comparable
quality and value, as available at the discretion of the seller (time limit is at sellers discretion). If the buyer refuses
a replacement of said kitten/cat the seller will have NO further obligation to the buyer for said animal.
IF THE
KITTEN IS FOUND TO BE TERMINAL AND IS ON LIFE SAVING MEDICATIONS FOR THE ENTIRETY OF ITS LIFE DUE TO A CONGENITAL PROBLEM,
A REPLACEMENT WILL BE FURNISHED (UNDER THE DISCRETION OF THE SELLER, TIME LIMIT IS ALSO AT THE DISCRETION OF THE SELLER.)
Purchaser agrees to the following:
Under no circumstances will this kitten/cat be sold, leased or given away, or sold to a pet shop,
research lab, SPCA, or similar facility.
If the buyer cannot keep said animal for
any reason, it must be surrendered to the seller immediately. The buyer agrees to provide responsible care for the kitten/cat,
including but not limited to protection from hazards such as traffic, dogs, small children, machinery, poisons and dangerous
cleaning products.
This kitten/cat is to be kept indoors and not allowed to roam
freely outside. If this kitten/cat is reported as neglected, mistreated or abused to, confiscated by, or placed into the custody
of any animal control agency, shelter, department of natural resources or other similar agency or law enforcement department,
buyer shall immediately notify seller and shall immediately authorize such agency to release this kitten/cat to seller. If
the buyer fails to comply with this provision, with the result that this kitten/cat is destroyed or transferred to a third
party, buyer agrees that buyer shall be obligated to pay seller the amount of
$
1,000__, representing the lost value to the seller of the buyer’s obligation to unconditionally return possession of
the kitten/cat to the seller. If buyer wishes to resell this cat/kitten the sale must be approved by Seller, or in the alternative,
Cat/kitten will be returned to Seller, at buyer’s expense, for resale by seller.
This kitten/cat is being sold as a pet and is NOT for breeding or showing
unless otherwise noted in this contract. This kitten/cat cannot be shown without written permission.
Buyer agrees to sterilize animal between the ages of 4 and 6 months (IF BREEDERS
VET HAS NOT STERILIZED KITTEN ALREADY BEFORE HE/SHE IS TRANSFERRED OVER TO THE BUYER), or within 30 days if over 6 months
of age and agrees and guarantees that this kitten/cat WILL NOT be used for stud or breeding. Failure of the buyer to provide
the seller written verification before kitten/cat is 6 months old, seller has the right to reclaim this kitten/cat without
refund of purchase price OR receive an additional $1000 as damages for payment of breeding rights. Any legal fees incurred
in doing so will be paid by the buyer.
Buyer must
furnish written verification from a licensed vet of sterilization including weight, color, name, breed, sex and date of birth.
Seller agrees to deliver registration papers and pedigree to buyers within 45 days of valid notification of vet’s certificate of kitten/cat’s sterilization
NO CASH REFUNDS.
The buyer agrees to assume all veterinary expenses associated with the purchase of this kitten/cat.
The seller, at any time, may exercise the right to have the kitten/cat
examined by seller’s vet.
Vaccinating this kitten/cat for
FIP will void any guarantee and this contract will become null and void . Vaccinating this kitten with the Leukemia vaccine
anywhere other than the paw pad or leg will void any guarantee and this contract becomes null and void.
Seller’s failure
to enforce any event of breach of this contract shall not constitute consent to any breach or a waiver of seller’s
right to enforce any other breach of the contract.
If any clause or provision herein is invalid, illegal, or unenforceable,
such invalidity, illegality or unenforceability shall not affect any other provision or remaining part of the affected provision
of this contract, and this contract shall be construed as if invalid, illegal or unenforceable provisions or part thereof
had not been contained herein, but only to the extent it is invalid, illegal or unenforceable. This contract shall be construed
without regard to any presumption against the party causing the contract to be drafted.
This contract supersedes any and all representations, statements,
conversations, warranties and/or agreements made by the seller. This contract is legally binding to all parties involved.
It applies to the buyer and the seller in this transaction and is NON-TRANSFERABLE to other parties. All modifications of
this contract must be in writing signed by both seller and buyer.
Jurisdiction for
the resolution of any breach of or dispute regarding this agreement shall be in the State of Maryland. Buyer shall be liable
to the seller for any and all legal fees incurred by seller in the enforcement of this contract.
The
Buyer, by signing this contract, has reviewed, understood, had a chance to question and has accepted this contract in its
entirety.
Purchased for the price
and /or terms: __________________ (PET QUALITY)Sire___________________________________________________
Dam___________________________________________________
Color_____________DOB_______________
Sex____________Litter
Reg #_______________
Vaccinations/Dates of
record: _Forte Dodge FEL-O-Vax IV__ __________________________
Worming Dates______Strongid
/ Metro / Tinidazole / Baycox / Panicure _________________________________________________
Purchaser’s Name_______________________________________________________
Address__________________________________________________________
City________________________________State_________________________
Zip
Code__________________
Telephone #__________________________
Email Address___________________________________
It is this ______ day
of________________________, under seal, so agreed by the undersigned.
Purchaser_________________________________________________________________
[Seal]
Date________________________
Seller__________________________________________________________________
[Seal
Date________________________
This is a legal and binding contract *
Witchinghour
Bengals
www.witchinghourbengals.com
Christina Clark
Port Deposit, Md. 21904
(410) 378-3214 Email: witchinghour1977@msn.com
Breeder Contract and Guarantee
3- Day Guarantee:
Your kitten is guaranteed to be of sound
health upon delivery. It is guaranteed for a period of 72 hours from the time of purchase/arrival if vet-checked within that
time (AT BUYERS EXPENSE). Failure to take animal to the vet within 72 hour guarantee period will render this contract null
in void. The kitten/cat is to be in quarantine during this time. If the kitten/cat is found to be medically deficient with
an untreatable or life threatening problem, "Unsound health" shall be defined as any condition that is "life threatening"
OR "incurable" and shall not include curable conditions or infections such as:
COLDS, VIRUS, BACTERIAL INFECTIONS OR SKIN
RASHES. It must be reported to the seller WITHIN
24 HRS. and the buyer must return said animal to the seller (AT BUYERS EXPENSE) immediately (WITHIN 72 HRS.) Exceptions can
be made if buyer is shipping
( sellers option) ! FAILURE TO REPORT
TO SELLER WITHIN THE TIME FRAME WILL VOID THIS WARRANTY.
*Upon NO circumstances will the seller be responsible
for any of the buyer’s veterinarian expenses pertaining to said kitten/cat.
*Upon NO circumstances will SELLER be responsible
in any moneys needed to ship a replacement kitten or one that needs to come back to Witchinghour Bengals (THIS IS THE BUYERS
EXPENSE).
*Under no circumstances is the said kitten/cat be
destroyed without written agreement from the seller.If no replacement is available at that time, the seller will have 1 year
to furnish a replacement of comparable quality and value at the discretion of the seller. If the buyer refuses a replacement
of said kitten/cat, the seller will have no further obligation to the buyer for said animal. The kitten/cat cannot be returned
if it has been in contact with any other cats that have not been tested negative for FeLV, FIV and FIP. (Proof of neg.tested
cat will be required by written paper work from your vet) or can not be returned after the guarantee period has expired .
It is the responsibility of the buyer to provide immediate veterinary care to any kitten/cat showing signs of illness or distress
and failure to do so will render this guarantee null in void. If the buyer elects to keep the kitten/cat despite health problems,
instead of returning it back to the seller, the buyer agrees that without further action of the buyer or seller, seller is
released from ALL liability for the entire life of the animal and this contract will become null in void as far as sellers
liability. Buyers duties to the seller and to the kitten/cat still pertain to this contract and is legally binding for the
entire life of the kitten/cat. If the animal dies within the guarantee period, despite medical treatment from a licensed vet,
compensation will only be made if a pathological autopsy is performed (AT BUYERS EXPENSE), and the results there of delivered
to the seller along with documentation containing lab results from blood and tissue samples, x rays, shot records and kitten/cat
registration papers. Trauma, abuse and neglect will void this contract. It is the seller’s right to ask for the kitten/cat
to be returned for identification before the buyer receives replacement or refund. The liability to the buyer will not exceed
the purchase price of the kitten/cat.
3-Year Guarantee:
This kitten/cat is guaranteed from congenital
defects for 3 years from date of delivery, as follows: should it die within the time as a direst result of a congenital defect,
it will be replaced ONLY if an appropriate autopsy is performed from a licensed vet and a vet’s certificate is provided
as proof of congenital defects as the cause of death. A replacement will be made of a kitten/cat of comparable quality and
value (*WE WILL NEVER REPLACE A KITTEN OR CAT THAT IS UNDER THE PREVIOUS QUALITY AND VALUE, WE WILL USUALLY GIVE YOU SOMETHING
EVEN BETTER UNDER THE BREEDERS DISCRETION OF COURSE)
, as available at the discretion of the seller. If the buyer refuses a replacement of said kitten/cat the seller will have
NO further obligation to the buyer for said animal.
PURCHASER AGREES TO THE FOLLOWING:
1.) Under no circumstances will this kitten/cat
be sold, leased or given away or sold to a pet shop, research lab, SPCA, or any similar facility.
2.) If the buyer cannot keep said kitten/cat
for any reason, it must be surrendered to the seller immediately unless stated in writing by seller. The buyer agrees to provide
responsible care for the kitten/cat, including but not limited to protection from hazards such as traffic, dogs, small children,
machinery, poisons, temperature extremes , vehicle anti-freeze liquid and cleaning products.
3.) This kitten/cat is to be kept inside
an enclosure and not allowed to roam around freely outside. If this kitten/cat is reported as neglected, mistreated or abused
in any way, shape or form, confiscated by, or placed into the custody of any animal control agency, shelter, department of
natural resources or other similar agency, law enforcement department, buyer shall immediately notify seller and shall immediately
authorize such agency to release this kitten/cat to seller.
*IF THE BUYER FAILS TO COMPLY WITH THIS
PROVISION, WITH THE RESULT THAT THIS KITTEN/CAT IS DESTROYED OR TRANSFERRED TO A THIRD PARTY, BUYER AGREES THAT BUYER SHALL
BE OBLIGATED TO PAY SELLER THE AMOUNT OF $1000.00 , REPRESENTING THE LOST VALUE TO THE SELLER OF THE BUYERS OBLIGATION
TO UNCONDITIONALLY RETURN POSSESSION OF THE KITTEN/CAT TO THE SELLER, OR IN THE ALTERNATIVE, KITTEN/CAT WILL BE RETURNED TO
SELLER (AT BUYERS EXPENSE) FOR RESALE OF KITTEN OR FREE ADOPTION OF AN ADULT CAT.
_____4.) This kitten/cat is being sold
as a BREEDER and must only be used by the buyer for his/her own personal cattery program. This female may not be leased, given
or borrowed by another breeder or person for the purposes of breeding unless approved by the seller in writing with my signature
and date to bind it. This cat is of breeder quality and may (OR MAY HAVE NO FAULTS AND CAN BE SHOWN) not be shown due to some
cosmetic faults or being under F4 generation. If #4 of contract is broken, buyer will be obligated to pay seller the amount
of $1000 for braking this section of the contract. All sellers court cost will be paid by the buyer. Seller
also has the right instead of charging
the buyer $1000, of confiscating the said kitten/cat immediately at buyers expense (shipping cost, crate, health certificate,
court cost etc.. )Also buyer is responsible of returning all kitten/cats paper work, signing the cat out of the buyers name
if specified by the seller immediately.
I agree to uphold section #4 of this breeding
contract and agree with the terms:
Buyer Signature:___________________________
Date:___________________
** Seller cannot guarantee any show wins
on this male / female. Seller cannot guarantee the quantity or quality of kittens that is male will sire / female will deliver.
#5 If this kitten/cat is a
stud, he cannot be used for outside stud service. Exception: Stud may be used by one other cattery if approved in writing by Witchinghour Bengals with my authentic
signature and date to bind the approval contract.
I agree to uphold section #5 of this
contract and agree to the terms:
Buyer Signature:_____________________________
Date: _________________
6.) If a locket or tail kink develops before
the kitten/cat is bred or turns 1 year of age, a replacement of equal quality and value will be given upon return of kitten/cat
to seller at buyers expense. If buyer chooses to keep the said kitten/cat, or breeds the kitten/cat, no replacement kitten/cat
will be offered or due. I will need paper work from a licensed veterinarian stating that the tail fault (kink) was not caused
by trama. If there is a locket, I will need to be furnished with clear pictures of the said locket.
***AT NO TIME IS SELLER RESPONSIBLE FOR
ANY SHIPPING COST AQUIRED FOR SENDING A REPLACEMENT OR TAKING A KITTEN/CAT BACK.
7.) This stud or Queen will be spayed /
neutered (at buyers expense) before the cat is 8 years old and be petted out to a forever home( asking for neuter / spay adoption
fee is optional). This stud or queen will not be resold ever to another cattery by the buyer, it may only be adopted out after
it is neutered or spayed. Selling any stud or queen from Witchinghour Bengals that has not been spayed or neutered before
leaving buyers cattery / home premises will result in a fine to the seller for breaching this section of the contract. Buyer
will have to pay seller in the amount of $1000
.
Buyer understands and agrees with the terms
of section #7:
Buyer Signature: __________________________________
Date: _________________
8.) Buyer will give this male / female
a good and loving home. If this male is kept outdoors, he will have comfortable , safe, enclosed living quarters and will
provide with fresh water and food daily and adequate living space no smaller than 7' X 5' total. He will be kept up to date
on vaccinations (especially Rabies )if outside and buyer will make sure that all medical attention and treatment is given
if necessary.
9.) If a stud he is guaranteed to sire
at least one live litter by the age of 2 years old. Seller does however verify that there are no precluding reasons why this
male should be unable to sire litters. If this male has been bred to at least three proven queens by the age of 2 years old
and has not sired a litter, he may be returned (AT BUYERS EXPENSE) to the seller and he will be replaced with a male of equal
quality. BUYER is responsible for any cost due to shipping the replacement kitten, SELLER will not be held responsible for
any moneys needed to ship the kitten back to the BUYER at any time. SELLER reserves the right to test breed to her queens
to verify sterility. If a litter results from this male, a replacement will not be offered and male will be returned (AT BUYERS
EXPENSE).
10.) NO CASH REFUNDS!!!!
11.) The buyer agrees to assume all veterinary
expenses associated with the purchase of this kitten/cat.
12.) The seller , at any time , may exercise
the right to have the kitten/cat examined by seller’s vet.
13.) VACCINATING THIS KITTEN/CAT FOR FIP
WILL VOID ANY GUARANTEE AND THIS CONTRACT WILL BECOME NULL IN VOID AS FAR AS THE SELLERS OBLIGATIONS GO. Buyers obligations
will still be legal and binding.
Sellers failure to enforce any event of
breach of this contract shall not constitute consent to any breach or a waiver of sellers rights to enforce any other breach
of the contract. If any clause or provision herein is invalid, illegal, or unenforceable, such invalidity, illegality, or
unenforceability shall not be construed as if invalid, illegal or unenforceable. This contract shall be construed without
regard to any presumption against the party causing the contact to be drafted.
This contract supersedes any and all representations,
statements, conversations, warranties, and/or agreements made by the seller. This contract is legally binding to all parties
involved. It applies to the buyer and the seller in this transaction and is NON-TRANSFERABLE to other parties. All modifications
of this contract must be in writing signed by both the buyer and the seller and dated.
Jurisdiction for the resolution of any
breach of or dispute regarding this agreement shall be in the ste of Maryland. Buyer shall be liable to the seller for any
and all legal fees incurred by seller in the enforcement of this contract.The buyer, by signing this contract, has reviewed,
understood, had a chance to question and has accepted this contract in its entirety.
Purchased for the price and terms: ______________________________________________________________________________
______________________________________________________________________________
Sire: _________________________________________________________________________
Dam:_________________________________________________________________________
Color: ________________________________
DOB ____________________________
Sex: _________________ Litter Registration
# ______________________________________
Vaccinations / Dates of record: Forte Dodge
FELO-VAX 4: ______________________________________________________________________________
BRONCHICINE CAE (KENNEL COUGH VACCINE):___________________________________________________________________
WORMING DATES:______________________________________________________________________
Strongid and panicure: Wormers
Purchaser name(s): ____________________________________________________________
Address: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Telephone #: ________________________________________________
E-mail address: _______________________________________________
It is this _____________ day of ______________________,
under seal , so agreed by the undersigned.
Purchaser:__________________________________________Date:_____________________
Seller: __________________________________________Date:
________________________
This
contract is legal and binding *
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