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Form of Blakkatz Kitten Sale Contract


BLAKKATZ CATTERY
Naturally Raised American Shorthairs
Michelle T. Bernard
Lincolnton, NC

CONTRACT OF SALE

This Contract of Sale made by and between Michelle T. Bernard (Breeder/Seller) and ________________________ (Purchaser), is legally binding and properly executed.

The Purchaser is buying an American Shorthair from BLAKKATZ Cattery on this ______ day of ________________, 20____, in the amount of $_______________.

BLAKKATZ Cattery CFA Registration #168646

CFA Litter Registration #______________

Date of Birth:_________________________ Color:___________________________

Sex:____________________

Sire: ______________________________________

Dam:______________________________________

Breeder/Seller: Michelle T. Bernard, _____________, Lincolnton, NC 28092

Purchaser:____________________________

Address:_______________________________________________________________

Telephone:_________________________________

The above named and registered American Shorthair ("ASH") is sold to the Purchaser and the Purchaser represents that no member of his/her family has ever been charged with cruelty to animals and agrees to accept the following conditions and restrictions:

1. The ASH will receive all care and attention necessary to ensure the health and well being of the cat. This will include providing at all times, a properly balanced raw meat diet based on the formula detailed in the book entitled, Raising Cats Naturally, which will accompany the ASH, fresh water and appropriate exercise and care.

2. The ASH will not be declawed and will be provided with a proper scratching post made from sisal rope or sisal fabric.

3. The Purchaser shall keep the ASH for so long as he/she shall live and will not transfer ownership or custody of the ASH to any other person or to any business or organization except at the express previous written approval of the Breeder, which approval may be denied. The Purchaser will not dispose of the ASH in any way without notifying the Breeder. The Breeder has the right to recover custody of the ASH and any costs relating to this change of custody shall be the responsibility of the Purchaser.

4. The Purchaser and Breeder will notify each other within thirty (30) days of any changes of addresses.

5. The Purchaser agrees to the restriction of a spay/neuter agreement, whereupon proof to the Breeder the ASH was spayed or neutered, Breeder will then provide the full CFA registration of the ASH. Upon proof of spaying/neutering from Purchaser's veterinarian, CFA papers will be sent to Purchaser. Purchaser agrees not to spay/neuter the ASH prior to six months of age without previous written approval of the Breeder.

6. The Purchaser agrees that if in the future, the terms of this Contract of Sale can no longer be met or if the Purchaser fails to properly care for the ASH as specified in Paragraphs 1, 2 and 3 above; or, if the Purchaser violates any of the provisions of this Agreement, Purchaser will surrender custody of the ASH to the Breeder with the ASH's CFA registration papers. The Purchaser will execute all documentation necessary to surrender his/her rights to the ASH to the Breeder due to the Purchaser's violation of this Contract of Sale. All costs associated with surrender of custody will be the responsibility of the Purchaser.

7. The Purchaser acknowledges that the purpose of this Contract of Sale is to safeguard the health and well being of the ASH and to ensure that the ASH is maintained in a natural or holistic manner.

8. The Breeder guaranties the ASH to be free from any hereditary and genetic diseases. The parents of the ASH are FeLV-negative. Should the ASH be found to suffer from any hereditary or genetic diseases within eighteen (18) months from the date of sale, the Breeder will replace the ASH with a kitten of equal value and similar breeding. The moneys paid by the Purchaser are not reimbursable.

The ASH is sold to Purchaser with an executed health certificate from a licensed veterinarian.

The Purchaser has seventy-two (72) hours from the date of sale to return the ASH for a full refund (exclusive of the deposit). Should Purchaser decide to return the ASH within the seventy-two (72) hour period, any costs incurred shall be the responsibility of the Purchaser. Deposits are non-reimbursable.

This health warranty will not apply if the ASH is fed commercial cat foods containing preservatives, by-products, fillers, or artificial flavorings; a poorly balanced raw meat diet (i.e. not in accordance with the diet detailed in Raising Cats Naturally); is vaccinated beyond the guidelines contained in this Contract of Sale; or the Purchaser uses a clumping clay litter product.

The ASH will not be vaccinated, at any time, with any of the following vaccines:

  • Feline Leukemia Virus (FeLV);
  • Feline Infectious Peritonitis (FIP);
  • Ringworm;
  • Bordetella (Bordetellosis);
  • Chlamydia (Chlamydiosis); or
  • Any newly developed vaccine.

In addition, the ASH will not be vaccinated:

  • On the same day of neuter/spay, any other surgery or other procedure, no matter how minor;
  • On day within thirty (30) days from any surgical procedure;
  • If he/she is suffering from any illness, however minor;
  • If he/she is suffering from any stressful situation such as a move to a new location, at the time of addition of a new cat or other animal to the household;
  • With any vaccine between the shoulder blades (NOTE: Vaccines containing antigens panleukopenia, feline herpesvirus I, feline calicivirus (+/-Chlamydia) should be administered in the right fore region (RF) or be given intranasally. (IN); Vaccines containing rabies antigen (+/- other antigens) should be administered in the right rear region (RR) according to the manufacturer's recommendations. Rabies=Right); or
  • With a rabies vaccine in conjunction with any other vaccine;

The following vaccinations pursuant to the following schedule are acceptable:

  • Rabies as required by law and no more frequently or sooner than six months of age;
  • One three-in-one vaccination (panleukopenia, rhinotracheitis and calicivirus) administered at approximately six months old if the ASH is in excellent health and under no stress; and
  • If desired, one booster three-in-one vaccination (panleukopenia, rhinotracheitis and calicivirus) administered when the ASH is in excellent health and under no stress.

The above protocol will protect your ASH for life assuming he is kept in a natural and holistic manner.

If the ASH suffers any adverse reaction (defined below) to a vaccination, a competent homeopathic veterinarian will be contacted immediately.

Possible adverse reactions:

  • discomfort at the site where the vaccine was given;
  • fever (normal is 101.7-102.5)
  • diminished appetite or activity;
  • vomiting or diarrhea;
  • sneezing or runny eyes;
  • sore joints or lameness;
  • temperament changes;
  • lumps or bumps at the injection site (no matter how small); or
  • any activity not normal, no matter how minor, for the ASH.

9. The Breeder will provide Purchaser with information regarding healthcare. This care will be provided through the use of homeopathic medicine. Purchaser agrees further not to use antibiotics, sulfa, cortisone and steroids except in the case of grave emergency. The Purchaser further will contact the Breeder immediately should the ASH fall ill.

10. The Purchaser will provide the Breeder a picture and an annual report as to the health (physical, mental and emotional) condition for the lifetime of the ASH. The Breeder will provide to the Purchaser an annual report as to the health of the Dam.

11. No modification or waiver of any terms of this Contract of Sale shall be valid or enforceable unless written and executed by both parties. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

12. This Contract of Sale shall be construed in accordance with the laws of the Commonwealth of Massachusetts. If a court of competent jurisdiction at any time holds a portion of this Contract of Sale invalid or unenforceable, the remainder of this Contract of Sale shall not be affected thereby and shall continue in full force and effect. Furthermore, the parties agree that all actions for any breach of this Contract of Sale shall be brought in Catawba County, North Carolina.

13. Should any legal proceedings be instituted for the enforcement of this Contract of Sale, or should the Breeder become a party of any legal proceeding involving this Contract of Sale, all costs and expenses incurred by the Breeder, including reasonable attorneys' fees, shall thereupon become due and payable immediately or on demand, at the option of the Breeder and may be recovered and collected hereunder.

14. This Contract of Sale contains the entire understanding of the parties. There are no representations, warranties, promises, covenants, or undertakings other than those expressly set forth herein.

IN WITNESS WHEREOF, the parties have executed duplicate originals this _____ day of _________________, 20____.

________________________________

Breeder/Seller

____________________________

Purchaser

The book, Raising Cats Naturally: How to care for your cat the way nature intended, and the information it contains, is made a part of this contract

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