This contract is between AmurAlienTresur Cattery herein listed as the Seller/Breeder and the Person or Persons listed below, herein after referred to as the Buyer and concerns the sale of a Kitten/Cat described as a Donskoy by TICA or Don Sphynx by WCF. SOLD TO: _________________________________________________ Address: __________________________________________________ __________________________________________________ Phone: : _______________________ E-Mail: ____________________ THIS IS TO CERTIFY THAT THIS DONSKOY KITTEN NAMED AmurAlienTresur: _______________________ Date of Purchase ___________________ TICA Litter # : _________________ Registration # _______________________ Color/Pattern: _______________________Eye Color: _____________________ (Seller does not guarantee color or coat type as this can change as cat/kitten matures.) Sex: _______ Date of Birth: _________________________________ SIRE: ___________________________________________________ DAM: ______________ _____________________________________ Veterinarian: Dr. Allan Schienbein Phone: (780) 467- 6223 Vaccination/Dates: ________________ Deworm/Dates: _____________ Date Altered (Pets are altered prior to owners taking possession): _________ Next Vaccination Due: ________________ Veterinarian Health Examination for Certificate: _________ Microchip number - ____________________ Selling Price $____________. (Health Certificate not included) Non-refundable deposit of: $_____________ Balance Due 7 days prior to shipping/delivery/pickup: $_____________ Shipping Cost/Carrier fee: $________________ Due with Balance Kitten/cat sold as ___Pet* ___Show* ___Show/Breeder* ___Breeder* PET: {altered, no show rights} SHOW: {altered, sold with show rights} SHOW/BREEDER: {all rights} Breed/Show ~~~~PURCHASER AGREES TO THE FOLLOWING: ~~~~ 1. Buyer agrees that under no circumstances will this kitten/cat be sold, leased or given to another party without the consent of the Breeder/Seller. Furthermore, it is agreed that transfer of possession, or care of the kitten/cat to another party may only be done with express written permission of Seller. If such permission is given, new owner must sign a new contract, identical or similar to this one, with breeder/seller. Should buyer not be able to keep this animal for any reason, including the incapacitation or death of the buyer, it is to be returned to breeder/seller for placement without refund of any kind, unless the above written permission to transfer ownership is obtained. Buyer will not surrender kitten/cat to any research facility, pet shop, Humane Society, Animal Shelter, Rescue group or similar facility. This remains in effect for the ENTIRE life of the kitten/cat. We will not ask questions as to why you can no longer provide care for the above kitten/cat. Buyer agrees to tell family members about this clause. Buyers Initials _______ 2. Buyer agrees that if the kitten/cat is found to be neglected or mistreated, Breeder/Seller shall have the unconditional right to reclaim the kitten/cat WITHOUT refund of purchase price. Neglect shall include, but is not limited to: being left alone without human companionship for periods in excess of 72 hours; lack of proper sanitary facilities; being caged;; poor health, and otherwise poor condition. Mistreatment shall include, but is not limited to: lack of proper food, lack of water, lack of proper medical care, and any form of physical abuse. Buyer will be responsible for any veterinary bills directly incurred as a result of any neglect or mistreatment. Buyers Initials _______ Furthermore if for any reason the kitten/cat is returned to the Breeder/Seller, Buyer agrees to pay all expenses, including shipping costs, mileage and re-examination expense by Breeder/Seller’s veterinarian. This examination will include a complete ‘viral panel’ blood test for FELV, FIP, FIA and FIV viruses. If kitten/cat is returned to Seller for resale on behalf of the Buyer, the terms of this resale will be agreed upon under separate written agreement. Buyers Initials _______ The cat/kitten is guaranteed to be of sound health upon arrival. It is guaranteed for a period of 72 hours from the purchase or arrival if vet checked within that time. It is recommended that the new cat / kitten be in quarantine for at the very least this first 72 hours. Buyer accepts the responsibility of caring for the kitten / cat and will provide properly for its welfare and understands this kitten/cat is being sold as an indoor only kitten/cat. BUYER agrees to keep the kitten / cat indoors at all times in a clean and pleasant environment, uncaged, with companionship, and adequate space for exercise. Above kitten / cat is ONLY allowed outdoors while on a leash and while under close supervision. Buyer understands that allowing a kitten/cat to roam freely outdoors could cause kitten/cat to pick up a life threatening disease/illness from dirt/grass or other animals as well as causing other possible life threatening effects on kitten/cat such as being hit by a car or attacked by other animals. DONSKOYS are even more vulnerable because of their lack of fur. It is comparable to being outside with unprotected skin. They are at risk of insect bites, sunburn, frostbite, and torn skin from sharp rocks or branches. The buyer therefore agrees that their companion pet will not be allowed outside except while in a carrier, when it is in a secured escape proof play enclosure, or on a leash. Buyers Initials _______ 4 Buyer agrees to provide weekly baths, weekly nail trimming, weekly ear cleaning and eye cleaning as required. These cats’ bodies produce oil (sweat) which dirt clings to and weekly baths are necessary to prevent skin issues. Failure to provide weekly ear cleanings may result in deadly ear infections. The above kitten/cat will leave this Cattery freshly bathed with trimmed nails and freshly cleaned ears. If preferred, Breeder/Seller will not bathe/clean the kitten/cat until the time of pickup so that Buyer may see Breeder/Seller’s methods used for bathing, ear cleaning, eye cleaning and nail trimming. Buyers Initials ______ 5. Buyer understands that there are many plants that are poisonous and toxic to kitten/cats. Buyer agrees to educate himself on plants that are dangerous to cats/kittens and agrees to remove or place all of these plants out of reach of kitten/cat before kitten/cat is in Buyers possession. Breeder/Seller will not be held responsible for injuries caused to kitten/cat by plants in Buyers home. Buyers Initials ______ 6. Buyer understands that declawing is a mutilation involving the amputation of a large portion of the Donskoy’s toes (Monkey fingers), which will alter the kitten/cat’s temperament and general well-being. Buyer understands that if the kitten/cat is declawed it will render the guarantee *VOID*. Buyer agrees that above kitten/cat will NEVER be declawed and that adequate scratching posts and regular nail trimming will be provided. Buyers Initials _______ 7. *If Cat is sold as "Show Cat", Buyer agrees to enter cat in competitions only in peak show condition as expected in entries for TICA or other Cat Fancier Associations. Because Breeder/Sellers can not determine how a kitten will grow and mature to any definitive degree the Breeder/Seller does not and can not guarantee this cat will win any kind of award from any Cat Fanciers or other similar organization. Many factors come into play, such as illness, injury and grooming which play a big roll in a cat winning awards at Cat Shows. Buyers Initials _______ 8. Buyer agrees that a kitten/cat, when entering a home where there is another animal present, will be isolated for a period of up to 2 weeks and will only be gradually introduced to other animals in the home. It is strongly advised that even a kitten entering a home with no other pets should be gradually introduced to the household, being isolated in one room with its waste container and food for at least two weeks, to allow for adjustment to its new home. Each kitten/cat will differ in the time it needs to bond with its new family. Please allow the kitten/cat ample time to adjust, especially if the kitten/cat has been shipped. A period of two to four weeks should be the very least amount of time allowed the cat/kitten for an adjustment period. Longer if this is an adult cat or there are children in the house. Please give your new friend and family member a chance to bond with you and its new surroundings. Your new kitten/cat needs to feel safe and secure for its unique individual personality to surface. Buyer understands that kitten/cat can come down with an URI (Upper Respiratory Infection)/Cold due to the stress of moving. Buyers Initials _______ 9.The Breeder/Seller will have completed all of the age-appropriate vaccinations, worming, medical examining, and altering for cats/kittens purchased as pet or show alter by the time of purchase and an original neuter/spay certificate from a Licensed Veterinarian. Registration papers from TICA will be provided in a timely fashion. 10. BUYER agrees to provide yearly veterinarian examinations and to keep kitten/cat's recommended vaccines up to date for the duration of kitten/cat's life, as well as obtain proper veterinarian care if illness is suspect or an accident has occurred. Buyer will not vaccinate kitten/cat with modified live FIP vaccine, Leukemia vaccine or any combination vaccine that contains live or killed Leukemia or MCK Vaccine (Ringworm). If any of these vaccines are used on kitten/cat all health guarantees are null and void. Mortality is high for kittens. Tetracyline and Doxycycline are two medications that can cause death to your Donskoy. Do not allow kitten/cat to be given Keraset/Ace combo ever for any reason. Health Guarantee void if kitten/cat has this combination. We strongly suggest Isofluramine as the anesthetic of choice if at any time an anesthetic becomes necessary. Please make sure your Vet sees this contract and understands this clause. The Breeder/Seller certifies that all kitten/cats in our breeding program are negative for FELV (Feline Leukemia) and FIV (Feline Aids.). Buyers Initials _______ 11. This cattery does not test for Polycystic Kidney Disease (PKD) at this time or guarantee against it. Accuracy of testing results is subject to opinion so Breeder/Seller feels it almost impossible to guarantee against this disease even if testing is performed. Buyers Initials _____ 12. Breeder/Seller does not guarantee against treatable nuisances (such as fungus, yeast, internal parasites, Upper Respiratory Infection etc.) which are not life threatening and are considered to be common to the breed or can/could be brought on by stress. However, Breeder/Seller would never knowingly place a kitten/cat with any of these conditions. Buyers Initials _______ 13. This kitten/cat has received at least its first distemper vaccine, which includes all of the following: Panleukopenia, Rhinotracheitis, Calcivirus, and Chlamydia. All adult cats in the Breeder/Seller program receive yearly distemper vaccine. Caution when you are getting you Donskoy’s distemper booster make sure that it contains Chlamydia and not the Leukemia vaccine. Buyers Initials _______ 14. THE BUYER assumes responsibility of all expenses incurred in relation to the kitten/cat after said kitten/cat leaves the possession of the Breeder/Seller, as well as any expense incurred at the request of the Buyer before the kitten/cat leaves possession of the Breeder/Seller. The breeder assumes no liability for any veterinary costs or other expenses incurred by the owner, even in the case of detecting a defect or disease unknown at the time of sale. The Buyer acknowledges that the breeder's liability can never exceed what is expressly guaranteed in this agreement. Buyers Initials _______ 15. BUYER agrees to provide responsible care for the kitten/cat, including proper nutrition, sanitary conditions, suitable warm place for the kitten/cat at ALL times. Due to the lack of fur, DONSKOYS are more easily chilled than some other breeds. BUYER agrees to feed a high protein diet to accommodate the amount of body heat lost as a result of no fur. Donskoy’s are connoisseurs and like a variety of foods, this will be addressed on an instruction sheet. BUYER agrees to create and maintain proper sanitary facilities for bodily functions of kitten/cat. Litter is not recommended for Donskoy’s. If you prefer litter a natural litter is recommended. A special Donskoy feeding and care instruction sheet will be provided and for you to follow for your kitten/cats optimum health.. Buyers Initials _______ BREEDERS CLAUSE ALL THE ABOVE CLAUSES SHALL APPLY WITH THE INCLUSION OF THE FOLLOWING: 1. Buyer agrees that if Donskoy is bred to any breed of feline other than Donskoy. Buyer is in breach of contract and Breeder/Seller has the unconditional right to reclaim cat, as well as any offspring resulting from this union, without refund of purchase price for breach of contract. Breach of contract penalty is $5000.00 per this item. Buyer’s initials _______ 2. Buyer of a breeder kitten will receive TICA Registration papers and a 3 generation pedigree within 90 days of date of purchase. Fertility is guaranteed. If Cat fails to produce offspring due to a physical problem, a replacement of equal value will be given after certified documentation is received from a Licensed Veterinarian stating the nature of the problem. 3. Buyer agrees not to breed Cat before 12 months old. Buyer WILL provide her with proper care and nutrition DURING PREGNANCY, give appropriate recovery time, and agrees to retire Cat from breeding at 6 years old or younger. Buyer will have Cat altered at time of retirement and will place in a loving pet home, if not there already. Buyer’s initials _______ 4. Buyer will not re-sell, lease out, trade or Cat to any person for the purpose of breeding with out Breeder/Seller knowledge and written consent regardless of Cat's age. Buyer’s initials _______. HOLDING FEES: HOLDING FEES: A 'Holding fee' is placed to hold a particular kitten for a buyer. If a kitten/cat is held specifically for a buyer, a change of mind can quite often jeopardize the chance for that particular kitten to be placed in a home while still at a desirable age; therefore all holding fees are non-refundable regardless of circumstance. The minimum required 'Holding fee' is $400.00 toward the agreed upon price of the kitten/cat. The full price will be entered on the agreement in the “Sold for the following price” area. Payment in Full' in the amount of the purchase price shall be paid by the time the kitten is 10 weeks of age. When the sale of the kitten/cat is consummated, the holding fee shall be applied towards the balance owing on the purchase price. In the event the buyer decides not to take possession of said cat/kitten, the holding fee will be deemed nonrefundable. The time period from 'Holding Fee' to 'Payment in Full', for the purchase of a kitten/cat older than 12 weeks of age, will be stated in the 'Terms of Agreement' Buyers Initials _______ OWNERSHIP THE BUYER becomes the owner of said kitten/cat upon Seller’s receipt of ‘Payment in Full’. ‘Payment in Full’ and receipt thereof supersedes a signed Sales Agreement being in the possession of the Breeder/Seller. ‘Payment in Full’ will be held as a binding agreement to purchase said cat and will be held in lieu of a signed Purchase Agreement being on file with the Seller. The kitten/cat will be cared for by the Breeder/Seller until the arranged shipping date or until Buyer is able to take possession of kitten/cat. This period of care is not to exceed fourteen (14) days from the time the kitten is 12 weeks of age or from date of sale. In the event this exceeds the time period stated, Buyer agrees to pay board on said kitten/cat at a boarding charge of ten dollars ($10.00) per day. Boarding charges are to be paid in full prior to shipping or release of said cat/kitten. Boarding charges are due and payable upon request. If boarding charges have exceeded the total amount of purchase price including shipping costs, and are not paid in full, upon demand, said kitten/cat will be considered abandoned and will revert to the ownership of Breeder/Seller in lieu of payment of boarding charges. Buyers Initials _______ Arranged Delivery/Pick-up Date of cat/kitten: SHIPPING: All Shipping costs are to be ‘Prepaid’ by the Buyer, when purchasing a cat/kitten that must be shipped. Shipping costs include freight charges from Edmonton International Airport to point of destination, an airline-approved carrier of suitable size, (provided by the Breeder/Seller), and a Veterinarian signed Health Certificate (required for shippingnot to exceed 10 days from date of issuance). Please prepay with either a money order or cashier’s check. If Buyer is picking up said cat/kitten directly from Breeder/Seller, please arrive with cash, money order or cashier’s check. Personal checks will be accepted for Holding Fees (as defined below) only. This signed sales agreement must be returned prior to cat/kitten being shipped. Specific shipping arrangements will be determined in advance by the Breeder/Seller. Breeder/Seller, with the cats/kitten’s best welfare in mind will decide the best flight for said cat/kitten and will confirm these schedules with Buyer. Receipt for same will be sent to Buyer. Buyer’s initials _______ The Buyer agrees to fulfill their responsibility as consignee in taking delivery of cat/kitten at the expected time of flight arrival. In the event of flight delays or cancellations, the Buyer will make the appropriate arrangements to return to the airport to take delivery of the cat/kitten in a timely manner. Buyer agrees to ensure the safe pick-up of this cat/kitten and will not be permit said cat/kitten to be sent to an interim boarding facility. Buyers Initials _______ SHIPPING INSTRUCTIONS ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Advertisement of Kittens/Cats: Seller reserves the right to use photos already in the Seller’s possession of any and all kittens/cats that are sold to the Buyer in any and all advertising including Internet web-site advertising in the promotion of Seller’s Cattery. Buyer agrees to allow the Seller the right to use his or her kitten/cat’s photograph or name in future or existing advertising. Buyer’s initials _______ Facsimile Signatures: A facsimile signature shall be enforceable as an original if the original contract is lost, destroyed or otherwise unavailable. Buyer’s initials _______ Terms: The term “kitten/cat” presents the same as the plural cats/kittens, in the case of more than one kitten/cat being purchased under this written agreement. Buyer’s initials _______ Terms of Health Guarantee: 1. The Breeder/Seller, AmurAlienTresor Cattery, provides a 72-hour limited warranty guarantee that the above kitten/cat is in good health at the time of purchase. Free of external and internal parasites and infectious diseases The Breeder/Seller also warranties that the kitten/cat is free of the feline leukemia virus (FeLV), feline infectious peritonitis (FIP), and the feline immunodeficiency virus (FIV) at the time of purchase. In order to validate the warranty, the Buyer must take the kitten/cat to a licensed veterinarian within 72 hours of the date of purchase, excluding holidays and weekends, at the Buyer’s expense. The Buyer must notify the Breeder/Seller of any claim under the warranty immediately. The Breeder/Seller must authorize any necessary treatment or other expenses. Keep in mind that most veterinarians have never even seen a Donskoy, much less treated one. Most veterinarians are uneducated about our breed. If the veterinarian finds the above kitten/cat to have a life-threatening illness, he she should contact the Breeder/Seller immediately, write and sign a short note on his/her letterhead stationary explaining the findings. The kitten/cat may be returned to the Breeder/Seller within seven days for a full refund or exchange for a new kitten/cat. If no replacement is available at the time of return, the Breeder/Seller will have up to one year to furnish a comparable kitten/cat. The kitten/cat cannot be returned for compensation after the guaranteed period has expired and/or if the above kitten/cat has been exposed to another cat. Breeder/Seller will not honor any health guarantee if the kitten/cat dies of a virus from contact with another animal not bred by Breeder/Seller. It is highly recommended that the above kitten/cat be quarantined during that 72-hour warranty period. Under NO circumstances is the kitten/cat allowed to be “destroyed” prior to notification of the Breeder/Seller. Breeder/Seller is not responsible for illness, injury, or death caused by or during shipping. We prefer that you come in person to pickup the above kitten/cat. Buyer’s initials _______ 1. A) If the kitten/cat described above should die within a year of the date of purchase due to a congenital or hereditary defect, the Breeder/Seller will replace the kitten/cat with another kitten/cat of comparable quality or value as available to Buyer at the discretion of the Breeder/Seller IF the Breeder/Seller receives proof of the defect in the form of a complete and appropriate autopsy report completed by a licensed veterinarian and performed at the Buyer’s expense as proof of death. *Under no circumstance will Breeder/Seller be held responsible for any veterinary expenses incurred by Buyer at any time for any reason for this Cat. NO CASH REFUNDS. Buyer’s initials _______ If for some reason the cat/kitten is to be returned we require a statement as to the health of the other cats in the household by the Buyer’s Veterinarian prior to returning this Don. The resident cat(s) must be free of parasites, fleas, ear mites, and communicable diseases in order for this Don to be returned. Upon its return, it will be replaced with another cats / kitten of equal value. If no replacement is available at that time, seller will have 8 months to furnish satisfactory replacement. If the terms of this contract are discovered to be willfully or maliciously broken by the Buyer, the Breeder/Seller can and will exercise their legal rights to i) withhold the cat's registration papers from the buyer or ii) demand the unconditional return of the cat. Buyer’s initials _______ Due to the many factors involved in rearing and caring for this kitten that are beyond the control of the Breeder/Seller, there can be no guarantees on fertility or temperament. Buyer understands and agrees to the Above: (Terms of Health Guarantee). Buyer’s initials____ AmurAlienTresor Cattery’s contracts are comprehensive because they are meant to offer full protection for the kittens/cats we raise in our home. No cat or kitten will be delivered or shipped to its new home before we receive a signed contract and payment in full. Breeder/Seller has the unconditional right to reclaim kitten/cat without refund of purchase price for any breach of contract. Breach of contract penalty is $500.00 per item. Buyer’s initials _______ BY SIGNING THIS CONTRACT BUYER VERIFIES THAT HE/SHE HAS READ THIS CONTRACT AND UNDERSTANDS ITS CONTENTS AND AGREES TO ABIDE BY ALL TERMS AND CONDITIONS IN THIS CONTRACT. Changes or additions to this Contract must be initialed by ALL Parties. Buyer’s initials _______ Any legal action which may arise under the terms of this contract will be brought in Edmonton, Alberta, Canada. Buyer shall be liable for any court costs and related charges including attorney’s fees associated with Breeder/Seller enforcing the terms of this contract. In signing this document, Buyer acknowledges that he/she has read, fully understands, and agrees to ALL of the terms and conditions stated above. The laws of the Province of Alberta shall be controlling. Buyer's signature: _____________________________ Date: _____________ Breeder/Seller signature:___________________________________________ Web site: http://www.amuralientresorcattery.com E-mail: evelynjacobs@shaw.ca Phone: 780 416-2626 Fax: 780 416-2627 Thank you Evelyn Jacobs – Owner