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Adoption Contract

Adoption Contract

Our CatteryAdoption Contract

Last Updated: February 20, 2019
Section 1: (General Terms)
This contract is hereby entered into between ________________________________________, hereafter referred to as the “BUYER”, and Daniel Fradkin, representing the interests of the Cattery “Noble Manes”, hereafter referred to as the “BREEDER”. This contract covers the terms and conditions for the purchase and transfer of a Purebred Maine Coon Animal, hereafter referred to as the “ANIMAL” and represents a formal bill of sale with the following rights transferring to the Buyer. In the event the parties mutually agree to any additional Services to be provided by the Breeder hereunder, the parties shall negotiate and execute a Statement of Work in connection therewith and attach each such Statement of Work to Addendum [   ] hereto, as outlined in section 7.2.
1.1
Animal Identification
a.
Collar Identifier:
______________________________________________________________________
b.
Nickname:
______________________________________________________________________
c.
Coloring:
______________________________________________________________________
d.
Sire:
______________________________________________________________________
e.
Dam:
______________________________________________________________________
f.
Sex:
______________________________________________________________________
g.
Spay/Neuter:
   Altered by Breeder
section 3.1(a)
   Altered by Buyer
section 3.1(b)
   Alter not required
for breeding
1.2
Animal Classification
a.
Date of Birth:
______________________________________________________________________
b.
Type:
   Kitten
aged: under 14 weeks
   Young Adult
aged: 14 weeks to 1 year
   Adult
aged: 1 to 6 years
   Senior
aged: over 6 years
c.
Retired Breeder:
   N/A
kitten or young adult
   Yes
   No
1.3
Animal Transfer Details
a.
Purchase Price:
______________________________________________________________________
b.
Date of Sale:
______________________________________________________________________
c.
Transferred As:
   Household Pet
   Breeding – Full
   Breeding – Restricted
section 5.7
1.4
Animal Registration Eligibility
a.
Breeder guarantees that this Animal is a Purebred Maine Coon Feline from European Lineage, and is eligible for registration in either/both TICA (The International Cat Association) and CFA (The Cat Fancier’s Association).
b.
Registration of the Animal is not required and is left to the Buyers discretion.
c.
Breeder shall provide the appropriate TICA/CFA registration papers upon delivery of the Animal, except as outlined in section 3.1(b).
d.
Buyer is responsible for completing and submitting the TICA/CFA registration papers, and for paying the required registration fees.
1.5
Buyer agrees to purchase the above stated Animal and agrees that Transfer of Ownership will be valid upon receipt of payment in full under the terms of this Contract.
a.
Breeder offers a Kitten Payment Plan or you may elect to pay in full at Contract Signing.
b.
Young Adult, Adult, and Senior Animals must be paid in full at contract signing.
1.6
Our Kitten Payment Plan is administered by Partial.ly and includes a five percent (5%) transaction fee. This option is provided to give you the ability to payout your kitten purchase with a deposit at 4 weeks of age followed by 8 equal weekly payments. You may, at your discretion make a larger down payment which will lower your weekly payments
a.
Failure to make timely payments in accordance with the terms of the agreement with Partial.ly shall constitute breach of contract.
b.
In the event of contract breach due to failure to make the required payments, the remaining balance will become due in full and payable within 7 days of notice of default, unless written arrangements are made for extended this payment window.
c.
If the Buyer fails to make the balance payment as outlined in section 1.6(b), this contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery.
d.
No refund will be issued for breach of contract under this provision.
1.7
If utilizing our Kitten Payment Plan, at the Signing of this Contract a $300 non-refundable deposit is required to reserve the Animal. If for any reason Buyer is unable or unwilling to complete the purchase of the Animal, no refund of this deposit or other compensation will be paid to Buyer.
1.8
If utilizing our Kitten Payment Plan, at the signing of this contract with receipt of the required deposit outlined in section 1.7, the Breeder has no right to offer the Animal to third parties and the Animal is considered “reserved” in the name of the Buyer until which time final payment is made and the Animal is reclassified as “sold”.
1.9
If the Breeder should decide for their own reasons to no longer sell the Animal any funds received, including the deposit, will be refunded in full.
1.10
Buyer agrees that if this contract is for the purchase of a Kitten; under no circumstances will the kitten be allowed to leave the Cattery until they reach a minimum of fourteen (14) weeks of age, provided Mom and Kitten are ready. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.
1.11
Buyer agrees that if this contract is for the purchase of a Kitten; buyer will collect the Animal or arrange for shipping no later than sixteen (16) weeks of age. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.
a.
Failure to collect the Animal or arrange for shipping after this date (__________) shall constitute breach of contract, unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum [A] hereto.
b.
If the Buyer fails to collect the Animal, arrange for shipping, on authorize a Statement of Work for boarding as outlined in section 1.11(a), this contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery.
c.
No refund will be issued for breach of contract under this provision.
1.12
Buyer agrees that if this contract is for the purchase of a Young Adult, Adult, or Senior; buyer will collect the Animal or arrange for shipping no later than two (2) weeks from the date of this contract. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.
a.
Failure to collect the Animal or arrange for shipping after this date (__________) shall constitute breach of contract, unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum [A] hereto.
b.
If the Buyer fails to collect the Animal, arrange for shipping, on authorize a Statement of Work for boarding as outlined in section 1.12(a), this contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery.
c.
No refund will be issued for breach of contract under this provision.
Section 2: (Health Guarantee)
2.1
Noble Manes Cattery has full DNA Testing done on all breeding pairs. This testing is done in conjunction with CatDNAtest.org in a cooperative effort with CFA. Services are performed by Neogen’s GeneSeek Operations lab, located at 4131 N. 48th Street, Lincoln NE 68504. The following tests are conducted and test reports will be included for the Animal’s Sir and Dam in your document packet.
a.
Hypertrophic Cardiomyopathy (HCM)
b.
Mucopolysaccharidosis (MPS VI / MPS VII)
c.
Polycystic Kidney Disease (PKD)
d.
Progressive Retinal Atrophy (PRA-CEP290 / PRA-CRX)
e.
Pyruvate Kinase Deficiency (PKDef)
f.
Spinal Muscular Atrophy (SMA)
2.2
In addition to the above genetic testing, the Sire and Dam will be regularly screened for any health issuers including heart conditions/murmurs. Each Animal will have had age appropriate vaccinations and wellness checks by our Cattery Veterinarians:
Drs. Greg and Leigh Gallegos (Lancaster Pet Clinic)
2060 West Avenue K, Lancaster California 93536
www.lancasterpetclinic.com
(661) 949-9389
2.3
Breeder guarantees that this Animal is, to the best of Breeder’s knowledge, free from genetic defects, congenital diseases, and is in good health at the time of sale.
a.
Breeder reserves the right to delay the date of delivery or sale if necessary to ensure safety and health. If Breeder is unable to deliver Animal for any reason, including but not limited to health or mortality, a replacement Animal of similar value will be provided. No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within six (6) months.
b.
If the Animal is being shipped, it will be accompanied by a veterinary health certificate. The cost of the Veterinarian appointment and issuance of the Health Certificate is not included in the price of the Animal. The cost for this service is detailed in section 6.2(a).
2.4
The Animal may be returned for a full refund if it is found to be sick during the seventy-two (72) hour sickness guarantee period. The seventy-two (72) hour sickness guarantee period begins when the kitten leaves the care of Noble Manes Cattery for shipping too, or collection by Buyer. Illness must be diagnosed and documented by a certified veterinarian.
a.
If return shipping is necessary, Buyer shall be responsible for arrangements and cost. The original shipping fees, if any, are not refundable.
b.
Failure to inform Breeder within twenty-four (24) hours of veterinarian’s finding illness or other cause for concern will waive any rights to compensation, including replacement under this provision. Appropriate phone and email for contact are found in section 8 of this contract.
c.
Breeder shall not be responsible for paying any veterinarian fees or associated costs.
d.
Breeder is not responsible for illness or injury to Animal resulting from Buyer’s mishandling, mistake, or accident. Furthermore, Breeder is not responsible for damage or injury to other animals, persons, or property caused directly or indirectly by this Animal.
2.5
Animal is guaranteed against serious congenital defects until two years of age. If a serious defect appears, the Animal will be replaced with an Animal of equal value. Buyer must notify Breeder immediately if a serious congenital defect is found, and confirmation by a certified veterinarian is required. Appropriate phone and email contact methods are found in section 8 of this contract.
a.
Buyer agrees to have an annual veterinary health check.
b.
Suspected conditions and/or inconclusive tests shall not be considered as confirmation.
c.
Breeder may require a second veterinary opinion, at Breeder’s expense.
d.
No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within six (6) months of notification.
Section 3: (Buyer’s Responsibilities)
3.1
If Animal is sold as a pet, it must be altered (spayed, or neutered) before reaching ten (10) months of age. Animal’s date of birth is listed in Section 1.2(a) of this contract.
a.
If Animal is altered before leaving the care of Noble Manes Cattery, TICA/CFA registration papers will be provided at time of sale, or as soon as available.
b.
If unaltered at time of sale, Buyer is responsible for altering Animal. Kittens must be altered before ten (10) months of age, and an adult cat within thirty (30) days of date of sale. Registration papers will be provided only after Breeder has received proof of alteration of this individual Animal by a licensed veterinarian.
c.
Acceptable proof of alteration under this provision is an invoice from a licensed veterinarian certifying the type of procedure, date of procedure, name of Animal, and the microchip number of the Animal.
d.
A copy of this invoice and any/all veterinarian notes must be forwarded to Noble Manes Cattery within twenty-four (24) hours of the appointment, by email to info@noblemanescattery.com.
3.2
Failure on Buyer’s part to alter a Kitten sold as a pet before ten (10) months of age, or an adult Cat sold as a pet within thirty (30) days of date of sale without written and signed approval of Breeder shall constitute breach of contract under this provision. Date of Birth for the Animal is found in section 1.2(a), and the date of sale of the Animal is found in section 1.3(b).
a.
In the event of contract breach due to failure to alter Animal, ownership of Animal, all offspring and/or monies collected from sale of offspring shall revert to Breeder. Furthermore, Buyer shall yield custody and possession of Animal and all offspring to Breeder in a timely fashion, and cooperate in good faith to complete documents necessary for transfer of registration.
b.
In the event of contract breach due to failure to alter Animal, Buyer shall be responsible for the cost of return shipping for Animal, costs associated with acquiring and returning all offspring, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this contract provision.
3.3
Breeder requires, and it is Buyer’s responsibility to follow proper quarantine procedures when bringing a new Animal into the home. Proper quarantine procedures include but are not limited to physical separation in a clean quiet area, disinfection of quarantine area, hand washing between handling different animals, and provision of separate food, water, and litter accommodations for the new Animal.
a.
If Animal is not quarantined from other animals for a period of at least ninety-six (96) hours, the health sickness guarantee refund as outlined in section 2.4 will be waived.
b.
Breeder is not responsible for and shall not compensate Buyer for contagious diseases or viruses transmitted between animals outside of Breeders direct control.
3.4
Breeder requires, and it is Buyer’s responsibility to have the Animal thoroughly examined by a licensed veterinarian within forty-eight (48) hours after Animal arrives to its new home.
a.
Without this examination, section 2 of this contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this contract are hereby waived.
b.
Acceptable proof of examination under this provision is an invoice from a licensed veterinarian certifying the doctors findings, date of procedure, name of Animal, and the microchip number of the Animal.
c.
A copy of this invoice and any/all veterinarian notes must be forwarded to Noble Manes Cattery within twenty-four (24) hours of the appointment, by email to info@noblemanescattery.com.
3.5
If at any time a veterinarian determines that the Animal is seriously ill, Buyer should contact Breeder immediately. Furthermore, Buyer must contact Breeder before this Animal is destroyed for any reason.
a.
In the event of death of the Animal, Breeder may exercise the right to have the Animal examined by postmortem by a veterinarian of Breeder’s choosing at Breeder’s cost.
Section 4: (Health and Wellbeing)
4.1
Buyer is responsible for maintaining current vaccinations for this Animal.
a.
Breeder vaccinates Kittens and Cats against feline panleukopenia, feline viral rhinotracheitis, and feline calicivirus. Unless Buyer’s veterinarian recommends otherwise, Breeder recommends maintaining (i.e. boosting) these vaccines for life.
b.
Breeder strongly recommends the use of non-adjuvant vaccines whenever possible, and also the use of intranasal vaccines to reduce the risk of vaccine-related sarcoma.
4.2
Rabies vaccination is left to the Buyer’s discretion, and to the requirements of Buyer’s state, county, and local regulations. It is Buyer’s responsibility to comply with state, county, and local regulations involving rabies vaccine.
4.3
FIP (Feline infectious peritonitis) and FeLV (Feline Leukemia) vaccinations are left to the Buyer’s discretion. Breeder recommends that Buyer discuss the pros/cons of these vaccinations with a veterinarian, and consider the disease risks in their individual situation.
4.4
If the Animal should have a health problem whose nature the Buyer does not understand, he/she must inform the Breeder and take the Animal to a veterinarian as soon as possible. If the problem is not of a serious matter, the Buyer can call the Breeder to ask his opinion.
4.5
Buyer agrees that this Animal will not be sold, leased, traded, or gifted to any pet shop or other breeder or persons, animal auction, research laboratory, or similar facility; without written approval of Breeder.
4.6
If for any reason, at any time, Buyer is unable to keep or provide adequate care for this Animal; Breeder must be contacted and shall agree to accept the Animal’s return, or to make arrangements for another home. Buyer may be responsible for transportation cost, unless other arrangements can be made at Breeder’s discretion.
a.
No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.
4.7
If at any time Animal is found to be malnourished, abused, neglected, or kept in poor conditions Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent.
a.
No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.
b.
If at any time Breeder suspects this Animal is malnourished, abused, neglected, or kept in poor conditions; Breeder may exercise the right to have the Animal examined by a veterinarian of Breeder’s choosing at Breeder’s cost.
4.8
Buyer agrees that Animal will be kept indoors (not allowed to roam freely outside) in a clean environment, given proper nutrition, health care, and affection.
4.9
The Animal must not be left alone in outdoor areas unless a completely enclosed space has been built for it and from which it cannot escape.
4.10
The Animal should never be subjected to sudden changes in feeding. The Buyer agrees to either feed it with the food recommended by the Breeder, or to gradually adjust the type of food being used under the supervision and guidance of the Buyers veterinarian.
4.11
Due to many factors involved in rearing and caring for this Animal that are beyond Breeder’s control, there are no guarantees for Animal’s personality or temperament.
Section 5: (Breeding Rights)
5.1
If Animal is sold with breeding rights, Buyer agrees to the following conditions.
a.
The naming of the Animal will adhere to the generally accepted standards as follows:
     NobleManes (cat’s name) of (owners cattery name)
b.
To abide by accepted TICA/CFA good breeding practices.
c.
To conduct breeding in an ethically responsible manner.
d.
To abide by breeding restrictions (if any) listed in Section 5.7 of this contract.
5.2
Any video, photo, or text information about the Animal, published by the Buyer in any format on any media, internet, social, forum, chat, messaging system or site shale contain the full name of the Animal with a mandatory indication of its hereditary Cattery as outlined in section 5.1(a).
a.
Failure on Buyer’s part to properly identify the Animal’s hereditary Cattery (NobleManes) in the association with any type of post listed in section 5.2 shall constitute breach of contract under this provision.
b.
In the event of contract breach due to improper identification of the Animal, Buyer shall be fined in the amount of $100 for each post misidentifying the Animal. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this contract provision.
5.3
Breeder cannot guarantee show performance, contest wins, or that Animal will earn title awards.
5.4
If Animal is sold with breeding rights; a fertility guarantee is in effect. In case of infertility, Animal may be exchanged for a similar Animal under the following conditions.
a.
Infertility caused by an injury, illness, infection, or veterinary medical procedure occurring after Buyer has taken possession of Animal shall not entitle Buyer to a replacement Animal.
b.
Infertility shall not be determined until the Animal has failed to produce offspring after one year of attempted breeding while following responsible, controlled breeding practices.
c.
Breeder reserves the right to attempt breeding the Animal to a proven mate of known fertility for a period of up to six months before infertility is conclusively determined.
d.
No refunds will be paid unless Breeder is unable to provide a replacement Animal within six (6) months after infertility is determined.
5.5
Animal shall not be co-owned, loaned, leased, or re-sold for breeding purposes. No re-registration, transfer of ownership, or other devious means of circumventing these restrictions will be tolerated.
a.
Any request for transfer of ownership must be submitted in writing to the Breeder, and the Breeder, in his sole discretion may approve or decline the request.
b.
Upon receipt of a written request under this section Noble Manes Cattery will either; approve without limitations, approve with specific breeding restrictions, or decline the request.
c.
If a request is approved; upon transfer of the Animal a copy of all paperwork (including a bill of sale, contract, and registration papers) must be submitted to Noble Manes Cattery within thirty (30) days of the transfer.
5.6
Any transfer of ownership attempted without written and signed approval of Breeder shall constitute breach of contract.
a.
In the event of contract breach due to transfer of ownership without approval, ownership of Animal, all offspring and/or monies collected from sale of offspring shall revert to Noble Manes Cattery. Furthermore, Buyer shall yield custody and possession of Animal and all offspring to Breeder in a timely fashion, and cooperate in good faith to complete documents necessary for transfer of registration.
b.
In the event of contract breach due to transfer of ownership without approval, Buyer shall be responsible for the cost of return shipping for Animal, costs associated with acquiring and returning all offspring, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this contract.
5.7
Breeding Restrictions:
a.
________________________________________________________________________________________________________________________
b.
________________________________________________________________________________________________________________________
c.
________________________________________________________________________________________________________________________
Section 6: (Other Conditions)
6.1
Delivery of the Animal to another city/country is carried out by agreement of the Parties, executed as a Statement of Work in connection therewith and attached to Addendum [ ] hereto, as outlined in section 7.2.
6.2
The cost incurred in shipping/transporting the Animal are borne by the Buyer.
a.
For United States Domestic shipping the Breeder charges a set fee of $175 plus the actual cost of the airline ticket. Our fee covers the purchase of an IATA approved crate, the required veterinarian inspection and issuance of a health certificate, and the transfer of your kitten to our local airport: Hollywood Burbank (BUR).
b.
International shipping is highly regulated and will require additional paperwork and/or animal quarantine. It is our policy that no kitten may be shipped outside of the United States until they are at least 16 weeks of age. We will make every effort to assist in the coordination of international shipping, but ultimately it is the responsibility of the purchaser to ensure that they are in compliance with the laws and regulations of their home country.
6.3
After the transfer of the Animal by Breeder to third parties for shipping/transportation, the Breeder does not bear responsibility for the safety and health of the kitten during this transport.
Section 7: (Documents and Addendums)
7.1
The following document will be included with your package upon delivery of the Animal. Additionally these documents will be available in a digital (pdf) format under the My Documents Tab on the My Account Page of our website (https://www.noblemanescattery.com/our-shop/my-account/downloads/):
a.
Sire’s Pedigree
b.
Dam’s Pedigree
c.
Sire’s DNA Report
d.
Dam’s DNA Report
e.
Animal Health File
f.
TICA Registration Form
g.
CFA Registration Form
7.2
Statement of Work (SOW) Addendums:
a.
Addendum [1] – Animal Boarding, charged at a rate of $6.00 per day.
b.
Addendum [2] – Domestic Airline Travel Package, charged at a rate of $175.00 plus the actual cost of the airline ticket, as outlined in section 6.2(a).
c.
Addendum [3] – International Airline Travel Package, as outlined in section 6.2(b).
d.
Addendum [4] – Other Travel Package.
e.
Addendum [5] – Miscellaneous Service.
Section 8: (Includes Contact Information)
By signing, Buyer acknowledges that he/she has read, understands, agrees to, and has received a copy of this Contract and Bill of Sale. This Contract and Bill of Sale is legally binding to the Parties. Neither Party shall have the right to modify this Contract and Bill of Sale except by mutual agreement, in writing. Changes and additions must be initialed and dated by both Parties. This contract is not transferable to any other party.
This Contract and Bill of Sale shall be governed by and construed in accordance with the internal laws of the State of California, U.S.A., without reference to any conflicts of law provisions.
In the event of a dispute, Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of Los Angeles, North District. The prevailing party shall be entitled to his/her attorney’s fees, unless otherwise stipulated under a provision of this contract.
In case a provision of this Contract and Bill of Sale is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
IN WITNESS WHEREOF, the Parties have executed and delivered this Contract:
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