Sasszkats Sales Agreement

The contract wording is close to what you will receive to go over before you ever leave a deposit. My agreement changes at times and I try to keep it updated here but sometimes it could be different.

 

This PURCHASE AND SALE AGREEMENT FOR CAT OR KITTEN (the “Agreement”), made and entered into this [__] day of [_______], 202[__] (the “Effective Date”), by and between Jodi Olson (“Seller”) and _____________________   (“Purchaser”).

W I T N E S E T H:

WHEREAS, Seller wishes to sell, convey, and transfer to Purchaser the cat or kitten described in Exhibit A attached hereto (the “Cat”); and

WHEREAS, Purchaser wishes to purchase the Cat from Seller and assume all the obligations and responsibilities associated therewith, as set forth herein.

Now, therefore in consideration of the mutual covenants, terms, and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows.

1. Exhibit A attached hereto, setting forth the specific description of the Cat and its delivery to Purchaser, shall be populated and executed by Seller and Purchaser promptly following the birth of the litter expected on or about [__________, 20___], except to the extent otherwise mutually agreed upon by Seller and Purchaser.

2. The price for the Cat to be paid by Purchaser to Seller shall be as set forth in Exhibit A (the “Purchase Price”). Upon execution of this Agreement, Purchaser shall deliver to Seller a deposit reserving the cat (the “Deposit”) in the amount of Five Hundred and No/100 Dollars ($500.00), which amount shall be credited toward the Purchase Price. The Deposit shall be nonrefundable; provided, however, that the Deposit shall be transferable to a future litter if Purchaser chooses not to (or, due to an unforeseen emergency, is unable to) reserve a kitten from the contemplated litter, or if Seller is unable to deliver a kitten meeting Purchaser’s specifications. Purchaser shall deliver to Seller, at least ten (10) days prior to the Delivery Date (as hereafter defined), the Purchase Price. The Deposit and the Purchase Price shall be paid to Seller via check or money order to be delivered by US mail or via electronic banking (e.g., Venmo, Zelle, or PayPal, from “family” or “friend), at the addresses set forth in Exhibit A.

3. The Cat shall be delivered to Purchaser on the date specified in Exhibit A (the “Delivery Date”), via the means of delivery (e.g., Seller’s delivery to Purchaser’s home or Purchaser’s retrieval of the Cat from Seller’s home, via air transport or ground travel, etc.) specified in Exhibit A (the “Means of Delivery”).

4. As of the Delivery Date, the Cat shall be registered with TICA. Seller shall convey to Purchaser the Cat’s TICA registration papers upon Seller’s receipt of proof of spay/neutering of the Cat (as required pursuant to Section 5 hereof), except to the extent that the Cat is purchased for breeding purposes (as set forth in Exhibit A), in which case such registration papers shall be delivered to Purchaser on or before the Delivery Date.  Seller makes no representation, warranty, or covenant as to the show quality of the Cat.

5. Except to the extent set forth in Exhibit A attached hereto, Purchaser represents, warrants, and covenants that the Cat shall not be used for breeding purposes. Purchaser represents, warrants, and covenants that the Cat shall be spayed or neutered (as applicable) by a board-certified veterinarian by the time the Cat attains the age of nine (9) months, except as otherwise agreed to in writing by Seller, in Seller’s sole discretion. Purchaser agrees that noncompliance with this Section 5, in any respect, shall be considered an event of default under this Agreement.

6. The Cat shall, at all times, reside with Purchaser as a household pet. Purchaser hereby represents, warrants, and covenants that in no event shall the Cat be (i) sold, leased, conveyed, transferred, rehomed, or otherwise given away to any pet shop, retail or wholesale establishment for the purpose of sale or resale, or research laboratory or similar facility where medical experimentation or other similar practices take place; (ii) advertised for sale in a newspaper or other publication, either in print or online; or (iii) placed at an animal shelter, pound, or rescue center. In the event Purchaser no longer wishes or is able to care for the Cat, Purchaser shall promptly notify Seller in writing, and Seller and Purchaser shall coordinate the prompt return of the Cat to Seller, and Purchaser shall promptly transfer registration and all of the Cat’s medical records to Seller at the time of such surrender. In the event of such surrender, in no event shall Purchaser be entitled to a refund of the Purchase Price. Purchaser agrees that noncompliance with this Section 6, in any respect, shall be considered an event of default under this Agreement.

7. Purchaser hereby represents, warrants, and covenants that under no circumstances shall the Cat be declawed or de-meowed without the prior written consent of Seller, which may be withheld in Seller’s sole discretion. Purchaser agrees that noncompliance with this Section 7, in any respect, shall be considered an event of default under this Agreement.

8. Purchaser hereby represents, warrants, and covenants that Purchaser shall provide the Cat with adequate food, fresh water, shelter, affection, grooming, maintenance, and medical care upon sickness, disease, or injury. For the purposes herein, “maintenance” shall include, but not be limited to, an annual health exam and routine vaccinations as recommended by a board-certified veterinarian. Purchaser agrees that noncompliance with this Section 8, in any respect, shall be considered an event of default under this Agreement.

9. Upon the occurrence of any event of default under this Agreement, title to the Cat shall revert to Seller, and Seller and Purchaser shall coordinate the prompt return of the Cat to Seller, and Purchaser shall promptly transfer the Cat’s registration and all of the Cat’s medical records to Seller at the time of such surrender. In no event shall Purchaser be entitled to a refund of the Purchase Price. Purchaser shall indemnify Seller from any and all costs, penalties, damages, claims, causes of action, obligations, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Seller, directly or indirectly, based on, arising out of or resulting from any breach of or event of default under this Agreement.

10. To Seller’s knowledge, the Cat is in good health, and there are no liens or encumbrances against the Cat. Seller shall cause the customary inoculation and microchipping of Cat at a reasonable age, and shall provide Purchaser with the Cat’s medical records evidencing specific inoculations and other medical treatments issued by a board-certified veterinarian chosen in the sole discretion of Seller (the “Veterinarian”). The Cat shall not receive rabies and FeLV vaccines prior to the Delivery Date; provided, however, in the event Purchaser wishes for the Cat to receive rabies and FeLV vaccines while the Cat remains in Seller’s possession, prior to delivery to Purchaser, Seller shall cause such vaccines to be administered when the Cat is at least fourteen (14) weeks old, at Purchaser’s sole cost and expense, pursuant to Exhibit A, and the Delivery Date shall not occur until at least five (5) days following such administration in order to allow for the Cat’s recovery following the procedure.

11. If the Cat is to be delivered to Purchaser via air travel, Seller shall deliver to Purchaser a health certificate for the Cat issued by the Veterinarian. All costs, expenses, and fees in connection with obtaining the health certificate and any medical treatments (which shall include but not be limited to veterinary visits, vaccines, microchipping the health certificate, carrier and shipping ticket, and fees for in-cabin travel, as applicable) shall be paid by Purchaser, pursuant to Exhibit A.

12. If the Cat is to be delivered to Purchaser via air travel, Seller makes no representations, warranties, or covenants with respect to the performance of the airline, its servants, agents, or employees, or any third parties. If any damage shall be caused to the Cat by an airline, its servants, agents, or employees, or caused by any third party due to negligence or willful misconduct of on the part of the airline, its servants, agents, or employees, or any third party, Purchaser hereby releases Seller with respect to any such damage and shall have, as its sole remedy, the option to pursue a legal action against the party responsible for such damage.

13. Purchaser hereby agrees to use commercially reasonable efforts to have the Cat examined by the board-certified veterinarian of Purchaser’s choice during the first seventy-two (72) hours after the Delivery Date. If, within twelve (12) months following the Delivery Date, a board-certified veterinarian determines that the Cat shows signs of any Genetic or Congenital Disease which, in the opinion of suchveterinarian, would adversely and significantly affect the length or quality of the Cat’s life, or should the Cat die at any time after the Delivery Date due to Genetic or Congenital Disease, as determined by a board-certified veterinarian, then Purchaser shall, at Purchaser’s sole cost and expense, obtain and provide to Seller within fifteen (15) days of performance thereof, a necroscopy of the Cat. For the purposes herein, “Genetic and Congenital Disease” shall exclude any and all infectious diseases, including but not limited to, FeLV, FIV, and FIP. In the event of a finding of such Genetic or Congenital Disease, Seller shall replace the Cat with a cat or kitten of equal or better quality, at such time when such replacement shall become available. In no event shall Seller be required to provide Purchaser with a replacement cat or kitten that has already been reserved for another purchaser. In no event shall Seller be liable for any shipping, veterinary, or other costs, expenses, or other fees incurred by Purchaser in connection with this Section 13 (including but not limited to the delivery of the replacement cat or kitten).

14. Any lawsuit, proceeding, or other action arising out of, or relating in any way to, this Agreement shall be brought only in the appropriate state or federal court in the state of California, and each party hereto irrevocably submits to the exclusive jurisdiction of such courts in any such lawsuit, proceeding, or other action. In no event shall the total liability of Seller exceed the Purchase Price.

15. In connection with any litigation relating to the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred at all trial and appellate levels.

16. In no event shall Seller be liable to Purchaser for failure to perform its obligations under this Agreement if prevented from doing so directly because of any reason or event beyond the reasonable control of Seller (including an act of God, strikes, labor disputes, work stoppages or other difficulties within the workforce, fire, flood, war, civil disturbance, and interference by civil or military authority, public enemy, labor disputes, work stoppages or other difficulties within the workforce, failure to provide power by the utility provider, intentional or malicious acts of third persons or any other organized opposition, cyber security attacks or threats, viruses, corruption, depredation, accidents, explosions, water sprinkler leakages, moths, vermin, insects, seizures under legal process, embargos, prohibitions of import or export of goods, closures of public highways, railways, airways or shipping lanes, order, regulations, or other action(s) by governmental authority, national, regional, or local emergency(ies), plagues, epidemics, pandemics, outbreaks of infectious disease or any public health crisis, including but not limited to compliance with related practices required by an applicable governmental authority (including but not limited to required quarantine or other required employee restrictions)), without Seller’s fault or negligence and that by its nature could not have been foreseen by Seller or, if it could have been foreseen, was unavoidable.

17.  Each party hereto acknowledges and agrees that any controversy that may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of, or relating to, this Agreement and the transactions contemplated hereby.

18. If any term of provision of this Agreement or any application thereof shall be invalid, illegal, or unenforceable, by order, decree, award, or judgment of a court or tribunal of competent jurisdiction, then the remainder of this Agreement or any other application of such term or provision shall not be affected thereby but shall remain in full force and effect.

19. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in this Agreement, a signed copy of this Agreement delivered by facsimile or email shall be given the same legal effect as delivery of an original signed copy of this Agreement.

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