Untitled Document

Desert Willow Cattery Companion Contract

This agreement is made, and hereby entered into, on ___________________, 200____
by Theresa Gorduyn of Desert Willow Cattery, hereafter referred to as "Breeder," and
Name: _________________________________________________________________,

Address:________________________________________________________________

________________________________________________________________________

Phone:_____________________________ Email:______________________________
hereafter referred to as Purchaser.
This contract is for the purpose of setting forth the terms and conditions for the sale/purchase of a Persian, Himalayan or Siamese Kitten.
Purchase price: $_________________; Purchase date: __________________________.

Companion Cat Terms
Purchaser understands that the Persian, Himalayan or Siamese Kitten:
Kennel Name: _____________________________________;

New Call Name ________________________;

D.O.B:___________________;             Sex:_________________;

Color: ________________________________________________________________;

Hereinafter referred to as "Kitten", “Cat” or “Persian, Himalayan or Siamese Kitten”, is being sold as a companion. “Companion” shall be understood to mean that this cat is sold as a companion animal, and will NOT be bred.

This Persian, Himalayan or Siamese Kitten must be altered (spayed/neutered).
Purchaser agrees to have above said cat spayed/neutered and to provide breeder with proof of sterilization within six months of date of sale. A copy of the spay/neuter certificate issued and signed by Purchaser's Veterinarian. A copy of the receipt, and the veterinarian’s contact number, must also accompany said letter.
Each party voluntarily enters into and agrees to all terms delineated in this contract as witnessed by their signatures on the last page of this contract.

I. General
Purchaser hereby states that this Persian, Himalayan or Siamese Kitten is being purchased as a companion, and shall be provided for as a member of the family.
It is further agreed to by Purchaser that proper safeguards will be taken to assure for the care and comfort of the cat sold herein. It is the understanding that this cat will be a household (indoor) companion ONLY!

Purchaser further agrees to maintain the Cat at all times in good health agree to provide this Persian, Himalayan or Siamese Kitten with quality food, ample fresh water at all times, and considerate companionship on a daily basis as a family member. Purchaser also agrees to provide appropriate veterinary care with periodic check-ups and regular vaccinations.

Should, at any time, this Kitten be mistreated by reason of abuse or neglect, the breeder reserves the right, with substantiated proof, to take back immediate possession of the cat without reimbursement to the owner. Should this clause need to be enforced, the owner shall sign and forfeit the cat’s health records to the breeder within 7 days of the breeder taking possession.

Breeder retains the right to visit, or have someone visit, the cat periodically for the purpose of determining the cat’s welfare.

Purchaser agrees to notify the breeder if they change address or telephone number to allow the breeder to keep track of the cat.

The purchaser agrees that the breeder has the right to use any photographs and accomplishments for advertising, etc.

Should the owner so choose, it is recommended they have this kitten permanently identified by microchip. In this case when they register the AVID Microchip, the breeder's name and phone number shall be listed as one of the contacts in the case of the cat's loss/theft. A copy of the Microchip number shall be provided to the cat's breeder. This provision allows the breeder to keep track of the cat.

II. Terms of Ownership
It is the mutual understanding of both Purchaser and Breeder that this kitten shall live out its natural life as the companion of Purchaser. This cat cannot be sold or given away without written permission from Breeder (which will not be unreasonably withheld). If this cat should ever be unable to be kept by Purchaser, he/she must be returned to Breeder at no cost. Desert Willow Persian, Himalayan or Siamese Cats are guaranteed a lifetime home with us if they ever become unwanted and/or unable to be placed.

Breeder reserves the "right of first refusal" if [for whatever reason] the purchaser can not or does not wish to maintain custody of this Persian, Himalayan or Siamese Cat [at any time during it's lifetime] then purchaser must contact Breeder. If after 7 days Breeder does not answer or return purchaser's phone call then purchaser agrees to make one last attempt by certified mail. If Breeder does not answer then Purchaser is free to place the cat in a new home but must give the Breeder the new owner's information.

If the Purchaser wishes to transfer ownership of the kitten to another person, the Purchaser must provide the proposed new owner’s contact information to the Breeder so that an interview may be conducted (to ensure the Breeder that the Kitten is going to a suitable home), and obtain prior approval IN WRITING from the Breeder before the transfer of ownership takes place. New owner must agree to and sign this same contract before approval for transfer will be given.

This cat is never to be given to a pound, shelter, or rescue, under any circumstances. In the event the owner must release custody of the cat, they shall first make a sincere attempt to contact the breeder. If after (7) days the breeder cannot be contacted, or should the owner need to immediately release custody of the cat, the owner shall contact Dee Gorduyn (505-869-0029) to take possession of the cat. They shall make known to the contact the name of the breeder and provide them with all records and papers in relation to the cat, and must give the Breeder the transfer/contact information.

Purchaser will continue to care for the Kitten until shipping arrangements can be made. Transportation to return the dog to Breeder, or Breeders alternative contact, shall be the responsibility of the kitten’s owner. The Purchaser shall pay all expenses incurred in return of the cat.

In the event that the cat is placed with a third party, sold, or given away (without written permission from Breeder) a $1000 fine will be imposed on the original Purchaser. Additionally, the Breeder may take legal action and the original Purchaser of the cat shall be responsible for all legal expenses incurred. Purchaser also agrees to reimburse the Breeder in full for any and all expenses in retrieval of the cat, including transportation and any and all reasonable attorney fees; plus any monies allowed by the court as in Section VII.

It is agreed to by Purchaser that upon the death of this cat, at any age, prompt notice will be given to Breeder.

III. Health Guarantee
The new owner has the right to, and is advised to by the Breeder, have this Persian, Himalayan or Siamese Cat/Kitten examined by a veterinarian of their choice. If, within seventy-two (72) hours, the Persian, Himalayan or Siamese Kitten/Cat is found to be in ill health after being examined because of breeding or early kennel care, which will prevent this kitten/cat from living a normal life as a family companion, this being attested to by Purchasers and Breeders veterinarians, upon provision of veterinary reports, Breeder will provide Purchaser with the options below (As outlined in section IV).
Breeder warrants that if the Kitten is found to have any hereditary or genetic disorder in which euthanization is recommended by at least two veterinarians (one selected by the Purchaser and the other selected by the Breeder) due to the inability for the Kitten to lead a pain-free life, the Breeder will provide Purchaser with a replacement or refund (As outlined in section IV) subject to the following conditions:

Purchaser notifies Breeder within 2 days after such condition is diagnosed and no later than the kitten reaching 3 years of age.
Purchaser provides Breeder with full veterinary documentation of the inherited genetic disease within 15 days after such condition is diagnosed.
The kitten/cat must not have been bred, if a female, or must not have allowed siring a litter if a male.
The kitten/cat must have been maintained in good physical condition with good muscle tone through proper exercise, diet, and not allowed to become overweight.
The kitten/cat has received proper immunizations, documented by veterinary health records

If all of the above conditions have been satisfied, Breeder will provide Purchaser with the options below (As outlined in section IV).
Breeder shall not be held responsible for the development of any diseases or disorders which are contacted by kitten/cat after leaving Breeder’s premises and/or are due to Purchaser’s negligence.

IV. Health Guarantee Replacement/Refund Terms
Options for Replacement/Refund as covered by Health Guarantee:
Purchaser has the choice to keep the Persian, Himalayan or Siamese Kitten/Cat with proof of spay/neuter, or return the Persian, Himalayan or Siamese Kitten/Cat. Upon this decision, Breeder will offer a replacement Persian, Himalayan or Siamese Kitten or 50% of the original purchase price in the following manner:

The Breeder's next available companion kitten of equal value will be assigned to Purchaser, Purchaser has the right to choose:

a) Replacement: Should Purchaser choose to accept the replacement companion kitten, Breeder will provide Purchaser with the replacement Persian, Himalayan or Siamese Kitten from Breeder’s next litter upon proof of Spay/Neuter or relinquishment of the original Persian, Himalayan or Siamese Kitten.

b) 50% of Purchase Price: Breeder will sell the assigned companion kitten and will refund 50% of original purchase price less any shipping or miscellaneous charges associated with transportation of Persian, Himalayan or Siamese Kitten to Purchaser upon proof of Spay/Neuter or relinquishment of the original Persian, Himalayan or Siamese Kitten.

Purchaser is responsible for all fees for transportation of the original and/or replacement to and from Purchaser and Breeder if applicable.

V. Breeding Terms
Purchaser agrees that this Persian, Himalayan or Siamese Kitten will not be bred. In the event that the owner breeds, or attempts to breed this Cat, the Breeder has the right to assume legal custody of the Cat, including all papers & medical records, without any reimbursement to the owner. The owner hereby agrees to also forfeit every kitten from any litter, which a queen may be carrying, or if male; sired by. All kittens will then be sterilized and placed into Rescue homes. Any profit from sales of such kittens shall be donated towards Persian, Himalayan or Siamese Rescue Services.

VI. Additional Terms
Breeder will not be responsible for the costs of any injuries, damage, or bills caused or incurred by above said cat after he leaves the Breeder's premise. If said cat must be returned to Breeder due to circumstances beyond the control of Breeder (for whatever reason) he will be returned at no charge to Breeder.

Purchaser agrees that if he or she is ever found in violation of any conditions of this contract, above said dog may be repossessed by the Breeder. In the event of repossession due to violation of contract, where Purchaser will not willingly return cat, Breeder reserves the right to physically enter property above said kitten/cat is located on and remove the kitten/cat. All legal fees incurred to repossess said cat shall be the financial responsibility of the Purchaser. In addition, if any conditions or terms are violated in this contract by the Purchaser he/she must pay the Breeder a penalty for breach of contract in the amount of $2,500 (Two thousand five hundred dollars) per instance as detailed below (in Section VII).

In the event that litigation is commenced to enforce any of the terms of this Agreement the Breeder, being Theresa Gorduyn, shall be entitled to the costs thereof, including reasonable attorney's fees and expenses.
Any litigation commenced shall take place in the state and County of Valencia County, New Mexico. Either party shall contact the second party in notification of such action or proof of such notification shall be provided to the court. In the event of their absence from court on the date set forth, both parties do hereby agree to abide by the decision of the court of Valencia County, New Mexico; and further understand that action to enforce the decision of this court will be taken within their state, or any state or county, to execute the decision of the court of Valencia County, New Mexico.

VII. Failure to Comply with Provisions
This Agreement shall be interpreted and enforced under and pursuant to the laws of the State of New Mexico. The parties hereto acknowledge and agree that jurisdiction and venue shall solely be proper within Valencia County, New Mexico.
If for any reason the parties hereto, or any party hereto, deems that this Agreement has been breached to their detriment, the parties hereto agree to submit their differences for resolution to non-binding mediation prior to and as a condition of exercising any right to filing a lawsuit and submitting any such difference to any court of law.

Penalty for breach of contract shall result in liquidated damages in the amount of $2,500 (Two thousand five hundred dollars) in U.S. currency per instance (for example, if three offspring are sold to pet stores, the total penalty would be $2,500 x 3 = $7,500).

In the event that litigation is commenced by either party, the prevailing party shall be entitled to reimbursement of reasonable attorney’s fees.

In the event that litigation is commenced by the Breeder due to breach of contract committed by the Purchaser, the Purchaser shall forfeit any monetary refund awarded by the court upon the court awarding return of the Kitten to the Breeder.

Should the court’s decision result in the Breeder as the prevailing party, an additional amount of $2,500 (Two thousand five hundred dollars) shall be awarded to the Breeder as damages to the Breeder’s kennel name and reputation and the Breeder’s time, trouble and mental duress.

VIII. Contract Agreement
I/We the undersigned have thoroughly read and understand the contents of the entirety of this contract and its provisions herein. I/We do hereby acknowledge this to be a true and binding contract and by my/our signature(s) we do hereby agree, and make absolute promise, to abide by its term and conditions stated herein.

Purchaser:

Signature: ______________________________________________________

Printed Name: ___________________________________________________

Date: ______________

As Persian, Himalayan or Siamese breeders, dedicated to the betterment and protection of or Breed, we recognize our responsibility to breed only the best specimens to compliment the betterment of the breed. We sell this Persian, Himalayan or Siamese Kitten, feeling in good faith it is a healthy and respectable compliment of its breed. We hereby acknowledge this to be a true and binding contract. We agree, and make absolute promise, to fully abide by its terms and conditions. No other guarantees are expressed or implied. We further agree to offer guidance to the purchaser in the rearing of this Persian, Himalayan or Siamese Kitten.

Theresa Gorduyn:

Signature: ______________________________________________________

Date: ______________

Witness:

Signature: ______________________________________________________

Printed Name: ___________________________________________________

Date: ______________