SUMARUM (breeding cattery registered with TICA)
Sales Contract
This document contains 3 pages
Date of birth:___________________
Colour/Pattern: ___________________
Sex: _________________________
Other characteristics: __________________
Dam:_________________ Reg. No.:_________________________
Sire: __________________ Reg. No.: _________________________
Purchase price of the animal: _______________ EUR
(The amount will be divided as follows: __________EUR as a deposit and _____________EUR as the final payment.)
Being sold as: Breeder or Breeder/Show quality
This contract is between Michaela Strbakova, hereafter referred to as the Seller, and ___________________________, hereafter referred to as the Buyer.
- PUREBRED GUARANTEE. The Seller declares that the subject matter of the purchase is a purebred Bengal cat, regardless of it being a fully domesticated Bengal cat, Prionailurus bengalensis (ALC) or its cross-breed. The subject matter of purchase is eligible for registration in TICA. The TICA registration papers („Blue slip“) will be held by the Seller until the payment and related fees are made in full. The Seller guarantees that the information on the dam and sire is correct.
- HEALTH GUARANTEE. The Seller declares that the subject matter of the purchase is in good health at the time it is received by the Buyer. The Seller is not aware of any visible or hidden defects or diseases. The animal has a record from the veterinarian in its passport that confirms its good health, and which may not be older than three days prior to the agreed pickup. The animal will have been de-wormed at least three times and vaccinated two times at the time of pickup – this will be properly recorded in its passport. The Seller cannot guarantee the permanent health condition and/or specific character qualities of the animal and is not liable for the effect of errors and/or mishandling on the part of the Buyer. If the animal should become ill or die prior to pickup, the Seller is bound to replace it with another of equal quality and value, within his/her possibilities. All deposits are non-refundable, though in this case they are transferable to the new animal.
- GENETIC DEFECT GUARANTEE. Should there occur any genetic defects within 12 months, the Seller is bound to replace the animal with another of equal quality and value within his/her possibilities, provided that the Buyer proves this fact by a report from a licensed veterinarian. The Seller reserves the right to a second expert opinion from another licensed veterinarian. No cash refunds or buy backs are possible. Kinked tail (or other deformity) or any kind of colored patches on the animal are not considered a genetic defect. It is for the benefit of the Buyer to request enough photographs and information from the Seller (or tests, such as tail X-ray, Coat Color Test etc.) before purchase, if the Buyer has certain worries or doubts concerning this matter.
- DEPOSIT. The deposit is non-refundable in all cases, and its purpose is to guarantee the Seller that the animal will be purchased and collected within the agreed period of time. By receiving the deposit, the Seller confirms that the animal will not be offered to anybody else. The deposit will not be refunded if the Buyer decides not to purchase the animal.
- PICKUP. The subject matter of the purchase will be ready to be picked up from the date of:__________, and at the latest:______________. If the pickup is delayed on account of the Buyer, the Seller reserves the right to claim expenses related to the care of the animal during this period of time amounting to 2 EUR per day, with the first and last days being charged as one. Upon pickup, the Buyer receives, besides the animal itself, the following documents: the sales contract (if not made earlier), the TICA registration („Blue slip“), an EU passport with a valid vaccination record and veterinary check-up record not older than three days prior to the agreed pickup. If requested, the Buyer will be provided with food and litter for the first days of the animal in its new home. By picking up the animal, the Buyer takes on the responsibility for the animal's visual features. The Buyer understands and agrees that the appearance of the animal is a matter of subjective perception. It is recommended that the Buyer acquaints himself/herself before purchasing with the regular appearance of the required animal according to the standards, including the required color variation, as well as possible defects, and especially verifies the fact whether the color variation is accepted by the organization registering the animal. If any exhibitions are planned for the animal to take part in, the Buyer should find out the preferred visual standards at exhibitions of such animals. The Seller is bound to be of help to the Buyer when choosing the animal with his/her knowledge, proper and authentic documentation of the animal, and if agreed, also with tests, such as tail X-ray or genetic tests in order to determine color and genetic color dispositions (Coat Color Test). Testing fees are at the Buyer's expense.
- PAYMENT AND FEES. The Buyer agrees to, and is bound to pay the full purchase price upon picking up the animal. If shipping of the animal is required, the Buyer agrees and is bound to pay the full purchase price and to cover all shipping costs at least two weeks before the date of dispatch (on the Seller’s notice). The Seller will not pay any fees charged by companies providing money transfers; these fees are at the Buyer’s expense (e.g. 4 % fee for a PayPal payment etc.). The purchase price includes fees for a microchip, EU passport, de-worming, basic vaccination including vaccination against rabies and a veterinary report on the good health condition of the animal, not older than three days prior to the agreed pickup. The purchase price does not include any delivery costs.
- HEALTH GUARANTEES AND RELATED BUYER’S RESPONSIBILITIES. The Seller recommends, and it is the Buyer’s responsibility to have the animal seen by a licensed veterinarian for a thorough examination within 72 hours after the animal is received. If the veterinarian confirms that the animal is ill, the Seller should be contacted before treatment has begun, except in an emergency situation where the animal’s life is explicitly in danger. The Seller will not cover any fees related to immediate care or further treatment should there be a failure to inform the Seller within the 72 hour period. Failure to do so will forfeit any and all rights to compensation on the part of the Buyer. Upon receipt of a written statement confirming the findings by the veterinarian and Buyer, the full purchase price will be refunded. The sick animal must remain quarantined until it is returned to Seller, and must be returned to the Seller within ten days from the date of payment made by the Seller. Any failure to do so will be considered a breach of the guarantee conditions and will render any guarantee null and void – no cash refunds or buy backs will be provided. The Seller cannot provide any guarantee or warranty against diseases potentially contacted from the Buyer’s household or other animals in the Buyer’s possession. Compensation for the animal is only possible in the case of FIP (Feline Infectious Peritonitis) if it dies within 14 days of pickup, and upon an official necropsy report by a licensed veterinarian, confirming FIP as being the cause of death. Otherwise no cash refunds or buy backs will be possible. The Buyer understands and agrees that the Seller is not responsible for and will not pay any veterinarian fees. The Buyer understands that the Seller recommends NEVER vaccinating against FIP, as the effectiveness of the vaccine has not been established. The Buyer agrees NOT TO VACCINATE this animal against FIP. The Buyer has been provided feeding instructions in writing from the Seller, as well as information on litter and care that the animal is used to. The Buyer is bound to follow these recommendations for at least the first weeks after picking up the animal.
- BUYER’S RESPONSIBILITIES – GOOD LIVING CONDITIONS. The Buyer agrees and is bound to provide the animal with adequate care, not to keep it in a cage and provide it with enough living space, light, fresh air and company – human or animal. Furthermore, the Buyer agrees and is bound not to sell or donate the above mentioned animal to any animal home, pet shop, auction or facilities using animals for laboratory purposes. The Buyer agrees to keep the animal as an indoor animal, and not allow it to roam free outdoors. The Buyer agrees to provide the animal with veterinary care in any case of symptoms of illness, as well as an annual veterinary check-up (de-worming and vaccination). If the animal is found to be neglected, undernourished, abused or mistreated, the Buyer is bound to surrender the animal to the Seller without delay and without any compensation.
- CONDITIONS FOR USING THE ANIMAL IN BREEDING. The Buyer agrees to use the animal only for purebred Bengal cat breeding. If the subject matter of the purchase is a male cat, the Buyer agrees not to use this male cat to breed with female cats other than the ones in the Buyer’s possession. The Buyer will not try to circumvent this restriction in any way. If the subject matter of purchase is a female cat, it cannot be co-owned or transferred to another owner as a breeder. Furthermore, its litter must be owned entirely by the Buyer. The subject matter of purchase cannot be resold as a breeder, except if being bought back by the Seller, as mutually agreed by both parties – see paragraph No. 11. The Buyer also understands that the Seller cannot guarantee fertility, given that many factors influence it (environment, stress, food, contraception, pharmaceutics etc.). Kittens after this animal sold as PET, will be sell only neutered,or with neutering condition within 6 months of kittens age.
- PRESENTATION OF THE ANIMAL. The Buyer agrees that the animal will be presented with its full registered name on websites, advertising etc.
- FIRST RIGHT OF REFUSAL. The Buyer is bound to notify the Seller, demonstrably and preferably in writing, in the event the Buyer desires to sell or is unable to care for the animal. The Seller retains the First Right of Refusal on the animal upon the following price conditions: 75 % of the purchase price in case of a buy back within a year from pickup, 50 % of the purchase price in case of a buy back from one to five years from pickup, and 20 % of the purchase price in case of a buy back more than five years after pickup. The animal must be healthy, de-wormed, vaccinated and free from external parasites. The buy back payment will be reduced by fees for blood tests, incl. FIV and FeLV tests (with a receipt from a veterinarian confirming the costs of the tests) and is due immediately (by bank transfer) after a veterinary examination which confirms the good health of the animal. The Seller reserves a 14-day period in which to decide on buying back the animal. In any case, it is forbidden to resell the animal as a breeder, with the exception of a buy back into the possession of the Seller.
- DISPUTE RESOLUTION. Should there be any dispute between the Buyer and Seller, the Buyer agrees that all information is considered confidential and is and will only be shared between the Buyer and Seller. This confidential information will not be shared with third parties, transmitted, copied, presented or distributed without the written consent of the Seller. The Buyer also agrees that all legal disputes arising out of this contract will be resolved in the Seller’s country and place of residence.
- BREACH OF CONTRACT AND SANCTIONS. If this contract is breached in any way, the Buyer is bound to surrender the animal back to the Seller without delay and without any refunds. Expenses incurred in delivery from the Buyer to Seller are at the Buyer’s expense.
THE BUYER’S AND SELLER’S SIGNATURES INDICATE FULL AGREEMENT WITH AND APPROVAL OF ALL THE ABOVE CONDITIONS:
Seller
Name: SUMARUM (breeding cattery registered with TICA), Michaela Strbakova
Contact: www.sumarum.cz, m.strbakova@seznam.cz, Phone: +420 777 303 327
Seller’s Signature: __________________________________________Date: ________
Buyer
Name: ____________________________________Phone:________________________
Contact: Address:_________________________________________________________
Website:__________________________ E-mail:________________________________
Buyer’s Signature: ___________________________________________Date: _________
