This was our contract, and we adhered to it faithfully. We have left it here so you could see what we used. If you are searching for a Siberian and hare in contact with a breeder, insist on seeing the contract, AND READ LINE BY LINE. Know what you are getting yousek into
Below is the contract we used for seven years; we have left on the website so you could see what should be in the contract to protect you and the breeder. Remember the old Economic adage "Buyer Beware!"
The contract below was developed by an attorney in order to protect the Siberian breed from being cross-bred and to protect you, the consumer, from individuals who may attempt to breed/cross breed them and sell them as pedigree Siberian animals—animals for which they will not be able to provide registration papers. Our cattery was a member of TICA (The International Cat Association). In order to become a member we had to sign an ethics pledge, which we took very seriously. Many of the requirements for both we, the breeder, and the pet parent, were part of that ethics pledge, which were all designed to protect the natural breed of the Siberian from being destroyed.
CONTRACT OF SALE FOR SIBERIAN KITTEN
This agreement was entered into on the __ day of __, 2017, between _________________ of ______________ Siberians (hereafter referred to as “breeder”), and
Name(s) _______________of ________________. Tel: _____________.
Hereafter referred to as “purchaser”
TERMS AND CONDITIONS OF SALE/PURCHASE:
1. This is a legally binding agreement for the sale/purchase of the following described Siberian kitten/cat:
Sex: _____ Birth Date: ______ Present coat/color: ________
Hereinafter referred to as: the "animal"
2. The price of this animal shall be XXXXXXXXXXXXX dollars ($XXXXXXX), plus applicable State Sales Tax (X% in our area).
3. This animal is purchased for (check applicable and cross out inapplicable):
□ PET (TERMS IN 3A APPLICABLE)
□ SHOW (TERMS IN 3A APPLICABLE)
□ BREEDER (TERMS IN 3A NOT APPLICABLE)
3A. Purchaser is required to alter the animal within four to six (4-6) months of the animal’s birth date (noted in paragraph 1) at the cost of the purchaser and provide written proof to the breeder by a currently licensed veterinarian within thirty 30) days of the alteration. Purchaser assumes all risks of alteration surgery. Breeder shall forward the animal’s registration papers after veterinary proof confirming spay/neuter is received from purchaser. Breeder may confirm alteration of the animal with the veterinarian certifying the alteration. In the event that the purchaser fails to EITHER alter the animal within four to six (4-6) months of the animal’s birth date or provide written proof to the breeder, the purchaser agrees that the breeder has the right to repossess the animal with no obligation or refund from the breeder and the purchaser shall deliver the animal to the breeder within fourteen (14) days of demand from breeder. In the event that the purchaser fails to timely deliver the animal to the breeder, the purchaser shall pay liquidated damages to the breeder in the amount of One Thousand Dollars ($1,000.00) in addition to the price specified in paragraph 2. The liquidated damages specified in this paragraph shall be without prejudice to attorneys’ fees and/or prejudgment interest pursuant to this contract if it becomes necessary to litigate to enforce this clause.
4. Breeder cannot guarantee future show achievement for animals sold as show. Kittens sold as show quality must be shown at least twice as a kitten in order to become acclimated to the show process, and shown again as an adult until the animal has had the opportunity to earn enough points to achieve the minimum of Champion status.
5. Breeder cannot guarantee future reproductive capability for animals sold as breeders. In the event that a breeder quality animal fails to produce a litter within eighteen (18) months, the breeder agrees to replace the animal with one from a different litter. Transportation of the original animal and the replacement to and from breeder shall be the responsibility of the purchaser.
6. The animal is in good health to the best of breeder’s knowledge and is free from internal and external parasites. Breeder guarantees this animal to be of sound health at time of sale. Purchaser agrees to have the animal examined by a licensed Veterinarian within three (3) business days of purchase and agrees to notify breeder within twenty-four (24) hours of any adverse finds. If any health concerns are found, the purchaser may return the animal to the breeder for a full refund of the purchase price. No medical or travel charges will be refunded. Breeder will provide proper inoculations consistent with the animal’s age prior to sale and shall provide a health record to the purchaser. Rabies vaccination prior to six (6) months of age—where required—is the responsibility of the purchaser.
7. All animals are sold with a one-year health guarantee against any congenital birth defects. Any animal suspected of having a genetic disorder should be taken to a veterinarian to confirm the problem. Once the purchaser has obtained this documentation, purchaser shall contact the breeder to arrange return of affected animal. Purchaser is solely responsible for all costs involved in obtaining documentation and for transporting the animal back to breeder. In the event that the animal dies, a necropsy shall be performed at the purchaser’s expense and said documentation shall be provided to breeder. Breeder will replace the animal with one of equal quality as soon as one becomes available, and transportation of the replacement animal shall be the responsibility of the purchaser. If the breeder is no longer operating the cattery, the full purchase price minus $100 will be refunded. If the purchaser decides to keep the affected animal, no refund is offered. HOWEVER, if the animal has a congenital birth defect, it is the responsibility of the purchaser to notify the breeder. The breeder would never knowingly propagate any such lines, and it is imperative the breeder is notified of any such problem.
8. Purchaser agrees to feed the animal described herein Life's Abundance cat food for the entire first year. Should the purchaser continue to feed Life's Abundance for a second year, breeder will automatically extend the health guarantee for another year.
9. ALLERGY GUARANTEE: The breeder makes no guarantee as to the hypoallergenic qualities of any animal, except as follows:
a. The breeder agrees to refund the purchase price less one hundred dollars ($100) if the animal is returned to the breeder within four (4) weeks of the date of this contract, which will be ________________, because the purchaser finds that allergy reactions make it impossible to keep the animal. Return delivery expenses are the responsibility of the purchaser.
b. If, for any reason, the purchaser finds it impossible to keep the animal after ___________, the breeder will make every attempt to assist the purchaser in rehoming the animal. It is in the best interest of the animal that it remains with the original purchaser until a new home is found.
10. Purchaser agrees that any and all costs or expenses associated with the health of the animal, including any additional vaccinations that may be required depending upon the age at the time the purchaser takes possession, as well as future booster vaccinations, are solely the purchaser's and, aside from the replacement of the animal per the terms and conditions set forth in Paragraph 7, the breeder shall not be responsible for any bills or costs incurred by the purchaser for veterinary treatment and/or other treatment or therapies for the animal.
11. Purchaser agrees they will furnish adequate indoor facilities for the animal and further agrees that the animal shall never be allowed to roam outside freely during the lifetime of the animal described herein.
12. The animal herein described shall not be declawed, nor shall it have a tendonectomy of any kind without obtaining written and signed permission from the breeder. It is recommended scratching posts or blocks be provided in order to protect furniture. Paying close attention to the animal’s behavior from the very beginning, and when incidents happen, a firm “NO” and redirection to an acceptable scratching surface—when needed—is a very effective way to dissuade problem behavior. The use of a squirt gun is a negative correction and is; therefore, strongly discouraged.
13. Purchaser agrees not to cause the animal herein described to be sold, leased, or given away to any pet store, shelter, research lab, breeding mill or similar facility. Further, purchaser agrees not to sell, trade, give, lease or otherwise release the animal to any other breeder without the written permission of Semper Fi Siberians. Once purchaser alters this animal, he/she may be placed as a pet in a good home in the unfortunate event that the purchaser can no longer keep this animal.
14. Purchaser assumes full responsibility for the animal upon leaving the breeder’s premises. It is hereupon agreed that the breeder shall not be responsible for any consequential damages attributable to the actions of the animal. In the event any claim is made against the breeder as a result of the actions of the animal, the purchaser agrees to fully indemnify the breeder for any and all damages and/or attorneys’ fees and costs associated with the defense of such claim by the breeder.
15. Should enforcement of any portion of this contract become necessary, all legal fees, court costs, travel expenses, and related expenditures incurred by the breeder will be the sole responsibility of the purchaser. This contract and the terms herein shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The purchaser agrees that any action at law or in equity arising out of or relating to this contract shall be filed only in the courts located in Mchenry County, Illinois to the exclusion of all other courts and purchaser hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. Should any portion of this contract be found invalid or unenforceable by a court of law, all remaining portions herein shall remain valid and fully enforceable.
By signing this contract, you are entering into a legally binding agreement for the purchase of the above described animal and agree to all terms described herein.
Printed name of Breeder: _________________________of _____________________________
Signature of Breeder: _____________________________________ Date: _________________
Printed name of Purchaser: _______________________________________________________
Signature of Purchaser ____________________________________ Date: _________________
Printed name of Co-Purchaser:_____________________________________________________
Signature of Co-Purchaser: ________________________________ Date: __________________