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Thank you for considering purchasing a Bengal Cat from us. Our continued goal is to provide healthy, well adjusted, high quality animals into caring and loving environments. We appreciate your continued interest in our breeding program and we hope we can successfully match you with one of our animals. Please print out and read very carefully the following terms of sale. You (the prospective recipient of the live animal) are referred to as “Buyer” and we (the registered owners of the live animal) are referred to as “Seller”. Terms of Sale Prologue: This “Terms of Sale” agreement between the Seller and Buyer is effective and binding under all of the stipulations and conditions contained here-in. Both the Buyer and the Seller agree that they are fully cognizant of, and in complete understanding of, all the terms, conditions and stipulations contained in these “Terms of Sale”. I. Interactions and Definitions A. All negotiations between the Buyer and the Seller will be direct. No intermediaries between the Buyer and the Seller are authorized. Further, the Seller will not authorize nor negotiate third party transactions of any type, for any reason. B. For the purposes of this “Terms of Sale”, the following definitions apply. 1. The term “household pets” refers to cats and dogs; whether they are housed inside a home or outside of it. All other animals will be referred to as “farm animals” or “livestock”. 2. The terms “cat” and “kitten” or “dog” and “puppy” are interchangeable. 3. The term “litter” refers to the birthed offspring of household pets. All other birthed off-spring are referred to by their colloquial definitions associated with the adult animal (horses have foals or colts, cattle have calves, sheep have lambs, goats have kids, etc) 4. The term “off-spring” is a general definition of anything birthed by any live animal. II. Payments, Methods of Payment and Fund Legitimacy A. Payment in the form of United States Dollars only, in the amount and manner specified by the Seller and the Seller only, shall be direct from the Buyer to the Seller, via secure electronic transfer (Pay Pal), Western Union Money Order, certified bank draft or cashier’s check via certified mail. If multiple payments have been authorized by the Seller and the Seller only, each payment by the Buyer is subject to the full provisions of this “Terms of Sale”. B. The Buyer will allow up to fifteen (15) working days upon receipt of Buyer’s funds transfer for the Seller to verify fund availability and the legitimacy of the Buyer’s chosen vehicle for fund transfer prior to the continuation of this transaction. If multiple payments have been authorized by the Seller and the Seller only, each payment by the Buyer is subject to this provision of this “Terms of Sale”. C. The goal of the Seller’s live animal breeding program is to offer healthy, stress-free animals for sale into safe and compatible environments, but, with the best welfare of the animal in mind. In some cases as determined by the Seller and the Seller only, a deposit of up to 30% of any listed or quoted purchase price of any current live animal or up to 30% of the projected purchase price of the off-spring of a current live animal may be required; either to hold a live animal for future purchase on the part of the Buyer or for the Buyer to be placed on a waiting list for future off-spring not yet born. 1. In the case of household pets, the Buyer remains on a future off-spring waiting list for up to one (1) calendar year or three (3) litters or three sets of birthed off-spring; whichever is greater. 2. Once a particular live animal within any litter has been chosen by the Buyer, a minimum deposit of $200.00 will be immediately required to hold the live animal for the Buyer prior to the live animal obtaining sufficient age for shipment. 3. All deposits of any nature are non-refundable but will be applied in full against any final payment made by the Buyer. D. All fraudulent or suspected fraudulent fund transfer attempts - as determined by all applicable local, state and federal laws, statutes and regulations governing both electronic and physical fund transfers - will be reported to the applicable investigative agencies; local, state and federal. Fraud attempts will terminate this transaction with no further contact between Buyer and Seller and will include full forfeiture to the Seller without recourse on the part of the Buyer any fund transfers already received from the Buyer. III. Health, Safety and Welfare A. Once the Seller’s live animal is delivered to the Buyer or delivered to the Buyer’s authorized shipping agent, the Seller is no longer responsible for the health, safety and welfare of said live animal nor is the Seller responsible for any expenses incurred by the Buyer (except where specifically identified in this “Terms of Sale”). And, the Buyer further accepts full responsibility for said health, safety, welfare and expenses once the live animal has been received by the Buyer. IV. Shipping A. The Buyer will, upon notification by the Seller of legitimate fund transfer approval (Seller will notify Buyer via certified mail or certified email), notify the Seller with the identification of the Buyer’s authorized shipping agent and all pertinent shipping data via certified mail or certified email (the Seller and the Seller only may permit the use of fax transmittals in lieu of certified mail or email). B. All live animals shall be shipped via Buyer’s pre-paid freight or COD (freight charges only). The Seller will provide the Buyer with the approximate weight and physical dimensions of the live animal as well as any other shipping considerations or limitations as deemed appropriate by the Seller in cooperation with the Buyer’s authorized shipping agent (shipping containers required, food/water, necessary medications, etc.). If multiple payments of the purchase price have been authorized by the Seller, the provisions of any such agreements will dictate when the shipping of any live animals will occur. C. In some cases, as determined and authorized by the Seller only, the Seller may deliver the live animal directly to the Buyer absent a third party shipping agent. If this is the case, any/all terms and conditions for this direct transfer to the Buyer by the Seller will be solely determined by the Seller. D. In no case will any live animals be transferred to the Buyer’s shipping agent or directly transferred to the Buyer by the Seller without the Buyer having both paid the full purchase price agreed upon and provided all of the below listed shipping data. 1. Identification of Buyer’s authorized shipping agent or agents a. This agent or agents MUST be authorized and certified to transport live animals both nationally and internationally if the Buyer is transporting outside of the United States of America. Proof of this authorization must be provided to the Seller. b. If the Buyer’s shipping agent is a private-party, the Buyer must provide to the Seller a notarized copy of any transport agreement between the Buyer and this private-party complete with a full description of the means and methods of shipment. This private-party documentation is to include all transport methods or types and current weight certifications, authorizations, licenses and permits if such is required by law for the selected transport method. c. If the Buyer is acting as his/her own shipping agent, the Buyer must also provide the documentation listed in clause IV.D.1.b., if such documentation is required by law. 2. Mailing address of Buyer’s authorized shipping agent or private party 3. Phone number, fax number (may be waived by the Seller) and point of contact of Buyer’s authorized shipping agent or private party 4. If the end-country destination of Seller’s live animal is outside of the United States of America, the Buyer will be required to pre-pay all customs, and duty and quarantine fees, to provide end-country identification and to supply proof to the Seller of all applicable custom’s documentation, both exit and entrance, to the Seller via certified mail, for the transport of live animals to include all necessary end-country quarantine requirements (for the country of origin, destination and any/all intermediary countries), health documentation and approvals. 5. The date Buyer’s authorized shipping agent will be expected to pick up Seller’s live animal a. The expected pick-up date by the Buyer’s authorized shipping agent or the expected delivery date to the Buyer’s authorized shipping agent by the Seller, or the expected direct delivery by the Seller to the Buyer must be at least seven (7) working days after receipt by the Seller of Buyer’s certified mail (Buyer will notify Seller via certified mail or certified email) delineating all of the listed shipping prerequisites (items IV.D.1. through IV.D.5., above). V. Health Certification, Health Guarantee and Refund/Live Animal Replacement A. Live animals offered by the Seller for purchase are veterinarian-certified healthy, with complete and accurate vaccination records and are free from all known diseases and viruses. The Seller does not nor will not knowingly offer a diseased animal for sale. The Seller guarantees the health of any purchased live animal, as per current veterinarian health certificates and vaccination records, from the time of delivery of the live animal to the Buyer, or from the time of delivery of the live animal to the Buyer’s authorized shipping agent, for a period of seventy-two (72) continuous hours. B. Buyer’s live animal health care responsibilities 1. The Buyer must, upon receipt of Seller’s live animal and, within the time-frame provisions defined in clause V.A., provide to the Seller (at Buyer’s expense), a signed and dated medical report from an identified, qualified and licensed veterinarian delineating any un-sound health deficiencies defined for the purposes of this “Terms of Sale” as congenital, immediately life-threatening or terminally incurable. Un-sound health deficiencies DO NOT include conditions or infections beyond the immediate purview of the Seller such as stress-related symptoms, travel-related illnesses, exposure to other animal or human born diseases or viruses, colds, bacterial infections or skin ailments. 2. Should the live animal die within six (6) weeks from the date of delivery of the live animal to the Buyer or within six (6) weeks from the date of delivery of the live animal to the Buyer’s authorized shipping agent, from any previously un-diagnosed congenital or terminal health conditions, the Buyer must provide to the Seller (at Buyer’s expense), a signed and dated autopsy report from an identified, qualified and licensed veterinarian that certifies the cause of death of the animal. Death caused by trauma, neglect or abuse will void any and all live animal replacement or monetary refund clauses of this “Terms of Sale”. 3. Some breeds of household pets do not receive certain types of standard pet vaccinations as determined by qualified veterinarian authority because of known adverse reactions. a. The FIP vaccine has not been given to Bengal cats owned by or offered for sale by the Seller. The FIP vaccine has been determined to be unsafe for this breed of cat (Reference: Feline Infectious Diseases, Ch. 7, pg. 54; Niels C. Pederson, DVM, PhD). b. The Buyer agrees to never provide any Seller supplied Bengal cat with the FIP vaccine and to ensure that Buyer’s veterinarian(s) is/are alerted to the adverse reactions of Bengal cats to the FIP vaccine. c. Providing the FIP vaccine to any Seller supplied Bengal cat at any time will be considered by the Seller to be an immediate breach of contract on the part of the Buyer and will incur all default proceedings contained in this “Terms of Sale”. C. Refund/Replacement 1. The Buyer is entitled to a replacement live animal of equal or lesser value as defined by the Seller when said replacement becomes available as determined by the Seller, or, a full refund of the purchase price of the live animal ONLY if un-sound health conditions are determined as per clause V.B.1. If the Buyer chooses a refund of the purchase price of the Seller’s live animal, the Buyer may also choose to return the live animal to the Seller under this clause. However, the Buyer will be responsible for all return-freight charges incurred. If a refund is requested by the Buyer, the Seller has ninety (90) calendar days from the date and time of such request to provide the refund in full. 2. If, and only if, the live animal dies as per clause V.B.2., the Seller will be required to provide a replacement live animal of equal or lesser value as defined by the Seller within six (6) months of the date the Seller was notified of the live animal’s death by the Buyer. The Seller will be responsible for all freight charges for this replacement live animal when it is shipped to the Buyer. This entire death clause pertains to household pets ONLY and DOES NOT apply to farm animals or livestock of any type. 3. If the Buyer chooses to return the live animal to the Seller, the Buyer will be responsible for all expenses incurred by the Seller for a complete veterinary re-examination of the live animal to include the costs of all tests as deemed appropriate by the Seller’s veterinarian. A copy of the itemized invoice of this re-examination will be provided to the Buyer. There will be no refunds to the Buyer of any portions of the purchase price of the live animal by the Seller unless or until this invoice is paid in full by the Buyer, or, the Buyer agrees to have the cost of this invoice deducted from the Buyer’s purchase-price refund. VI. Uses of Live Animals A. The Seller does not nor will not knowingly sell a live animal for any illegal or abusive purposes. Nor, does the Seller approve of, or engage in, any breeding practice that could be described as a “breeding mill”. Further, the Seller will report all suspected attempts to acquire a live animal for any illegal or abusive purposes or for suspected use in breeding “mills”, to the appropriate authorities. B. Live animals which are of a pure enough breed to be granted a registration from a breed association (AKC, TICA, AQHA, APHA, etc.) are quality-defined by the Seller, and the Seller only, in three ways; pet, breeder or show. The Seller-defined quality designator determines the Seller-defined purchase price of the live animal. 1. Live animals sold as “Pet Quality” should not be bred. If they have not already been spayed or neutered by the Seller prior to their purchase by the Buyer and delivery by the Seller, they must be spayed or neutered within six (6) months of their birth. All breed association registration papers of any type will be withheld from the Buyer by the Seller until a signed and dated medical report from an identified, qualified and licensed veterinarian, delineating any type of such alteration surgery, is supplied to the Seller by the Buyer. 2. Live animals sold as “Breeder Quality” or “Show Quality” should only be mated within their applicable registered breed associations and their off-spring reared in accordance with all the guidelines of such registration associations. 3. The Seller does not, nor cannot guarantee the success of any live animal obtained by the Buyer for use as a companion pet or for breeding, show or competition purposes. VII. Legal Venues A. Both the Buyer and the Seller agree that if legal action is pursued by either party or enjoined in any case or action pertaining to these “Terms of Sale”, the venue for applied-for redress shall be within the jurisdiction of, and be subject to, any and all applicable laws, statutes and regulations of the country of the United States of America, state of Idaho, county of Ada, city of Boise. B. Both the Buyer and the Seller further agree that any judgments or granted redress arising from any such legal action within the defined venue of clause VII.A. shall be legally binding upon both the Buyer and the Seller regardless of the legal domicile of the Buyer and further, shall be enforceable upon the Buyer within the Buyer’s legal domicile irregardless of the geographic location of said domicile. C. No legal actions of any type or any applications for legal redress of any manner will be permitted nor will they be honored under any other circumstances or conditions other than those described in clause VII.A. and clause VII.B. VIII. Contractual Binding A. It shall be determined that the Buyer has bound themselves contractually to all provisions of all of the items listed in this “Terms of Sale” in accordance with all of the laws, statutes and regulations - local, state and federal - pertaining to the sale, transfer and transport of live animals, of the country of the United States of America, state of Idaho, county of Ada, city of Boise, under any ONE of the following conditions. 1. Automatic contractual binding of all provisions of this “Terms of Sale” upon the Buyer will occur when a legitimate fund transfer (as per all of the stipulations contained in clause II.) in the amount specified, has been provided to the Seller by the Buyer. a. If multiple payments have been authorized by the Seller, the legitimacy of the initial payment to the Seller by the Buyer contractually binds the Buyer to the full provisions of this “Terms of Sale”. b. The Buyer shall, within 7 working days of notification of fund transfer legitimacy (as per clause II.) on the part of the Seller, print out these “Terms of Sale”, fill out all applicable blanks, date, print and sign their name in the appropriate spaces and transmit the signed agreement to the Seller via fax or registered mail as determined by the Seller and the Seller only. c. Failure on the part of the Buyer, to transmit the signed and dated “Terms of Sale” will, in no way, revoke this “Terms of Sale” agreement under this automatic contractual binding clause. d. Should the Buyer fail to submit to the Seller a signed and dated copy of this “Terms of Sale” within the time and manner specified, the Seller will, for records purposes, fill out this “Terms of Sale” with all applicable and known information. 2. Full contractual binding upon the Buyer will occur when the Buyer, prior to any fund transfers to the Seller, prints out this “Terms of Sale”, fills out all applicable information, dates, prints and signs their name in the appropriate spaces and transmits the signed agreement to the Seller via fax or registered mail as determined by the Seller and the Seller only. B. A facsimile signature provided by the Buyer shall be considered fully binding for all provisions of these “Terms of Sale”. IX. General Clause A. The provisions of all clauses listed in these “Terms of Sale” are non-negotiable. Further, should the Buyer attempt to obtain any material from the Seller without explicitedly following ALL clauses listed in these “Terms of Sale” once either of the binding provisions of clause VIII. have occurred, the Buyer will be considered in breach of contract and shall forfeit all funds the Buyer has since transferred to the Seller without claim or legal recourse for refund to the Buyer or transfer of any of the Seller’s material to the Buyer and the transaction will be considered final and complete with no further contact between the Buyer and the Seller requested, expected or authorized. 1. SELLER INFORMATION Date: ___________________________________________________ Name (registered owner) Robin Hewitt Cattery Name: Moire Dreams Bengals Phone: 208-562-0016 Fax: 208-562-0016 Email: robin@moiredreams.com 2. BUYER INFORMATION Date: ___________________________________________________ Name: __________________________________________ Mailing Address: ___________________________________________________________________________________________ __________________________________________________________________________________________________________ City: _______________________________________________ State: ______________ Zipcode: ________________________ Phone: _________________________________ Fax: ________________________________ Email: _______________________ 3. BENGAL CAT INFORMATION (to be filled out by seller) Animal Type : Cat Breed Type: Bengal Color: Registration Association and Litter Number (if Applicable): TICA Sire: Dam: Sire Registration Number: Dam Registration Number _____________________________ Full Registered Name of Bengal (if applicable): ____________________________________________________________________ Registration Number (if applicable): _____________________________________________________________________________ Date of Birth: ______________________________________________ Sex of Bengal: ___________________________________ Vaccinations Completed/Dates: _____________________________/______ ______________________________/_____ _____________________________/______ ______________________________/_____ Booster(s) Due: ____________________________________________________________________________________________ Bengal Quality and Price: ______ Show ______ Breeder _____ Pet* $ _______________ *Spay/Neuter Required: ______ Yes ______ No (Location/Date of Alteration Surgery): ____________________/_______ Availability Date of Animal: ___________________________/__________ X. STATEMENT OF AGREEMENT A. The Seller I, the Seller, agree in good faith, to all of the terms, conditions and stipulations contained in these “Terms of Sale” and to honor all of the terms, conditions and stipulations contained in these “Terms of Sale” with respect to the Buyer. By affixing my signature and date, below, I further understand and agree that all of the terms, conditions and stipulations contained in these “Terms of Sale” are fully enforceable and effective on the date assigned by the Buyer. Name of Seller (please print legibly): ______________________________________ Signature of Seller: _________________________________________________________________________ Date: ___________________________________________ B. The Buyer I, the Buyer, having fully read these “Terms of Sale” and having full and complete understanding of all of the terms, conditions and stipulations contained in these “Terms of Sale” do here-by accept and agree in good faith, to be bound by all of the terms, conditions and stipulations contained in these “Terms of Sale” without any reservation and absent any coercion. By affixing my signature and date, below, I further understand and agree that all of the terms, conditions and stipulations contained in these “Terms of Sale” are fully enforceable and effective on this date. Name of Buyer (please print legibly): _____________________________________ Signature of Buyer: _________________________________________________________________________ Date: ___________________________________________ |
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| Bengal Cat Sales Contract
Moire Dreams Bengals |