Purchaser Agrees to the following:
Contract to purchase a kitten from PreciousMoments Purchaser Agrees to the following:
• Payment In Full. The total amount due must be paid in full prior to Buyer taking possession of the above described cat/kitten. Once Buyer takes possession of the above described cat/kitten all rights and responsibilities of ownership are the sole responsibility of Buyer (including, but not limited to, veterinarian costs).
• Deposit and Hold. Buyer has read, understands, and agrees to our non-refundable deposit and hold policy. At the time of final payment, the deposit amount will be deducted from the price of purchase. This deposit is non-refundable except if Seller cannot provide the above described cat/kitten to Buyer for some unforeseen reason. The deposit is transferable to the purchase of another available cat/kitten at the Buyer’s request.
• Balance Due. The balance of the purchase price plus any shipping or delivery charges must be paid in full as follows: a) If cat/kitten is being shipped, Buyer must make final payment two weeks prior to shipment in the form of a cashier’s check, pay pal, personal check, or money order. Funds must clear Seller’s bank before cat/kitten can be shipped. b) If cat/kitten is being picked-up, Buyer can either make final payment with a cashier’s check or money order two (2) weeks before pending pick-up date or Buyer can make final payment at the time of delivery in the form of cash. Seller will provide a receipt.
• Shipping Charges & Agreement. The cost of shipping includes airline ticket, transportation to airport, and airline approved carrier. Buyer must pay Seller total shipping charges two (2) weeks prior to pending shipping date. Buyer agrees to e-mail or call Seller no later than twelve (12) hours after
receipt of cat/kitten to confirm receipt. Buyer is responsible for any boarding fees as a result of airline delays. Seller is not responsible for parasites or contagious diseases that cat/kitten can contract while in transit. Buyer assumes all responsibility for the cat/kitten when it is delivered to the shipper/airline. Seller will purchase the maximum insurance provided by airline as a protection to Buyer’s investment if available.
• Health certificate. At the time of delivery, Seller will provide Buyer a Florida State Approved Health Certificate of Veterinary Inspection insuring cat/kitten is free from contagious diseases.
• Limited Twelve Month Warranty Against Hereditary Defects. PreciousMoments kittens are blood tested for Felv and Fiv. If by the first birthday of kitten, the above described cat/kitten is diagnosed by Buyer’s vet as having a debilitating hereditary defect that in his/her opinion prevents the above cat/kitten from serving Buyer as a companion pet, Seller will provide to Buyer another cat/kitten of the same breed and cost. Although Seller will put forth great effort to replace the exact color/pattern of the cat/kitten, Seller is not obligated to do so. If cat/kitten dies within the first year of its life due to a hereditary or congenital defect, the Seller will replace the cat/kitten when proof of the defect in the form of a necropsy report from a licensed veterinarian pathologist in addition to appropriate blood work is received by Seller. Seller is not responsible for any vet expenses related to the above cat/kitten including autopsy and blood work expenses or any other vet related expenses incurred during the course of cat/kitten’s life. Buyer is responsible for all shipping charges. THERE ARE NO CASH REFUNDS – ONLY KITTEN REPLACEMENTS IN THE FORM OF A MONETARY CREDIT FOR PURCHASE PRICE TO BE APPLIED TOWARD THE PURCHASE OF REPLACEMENT KITTEN.
At placement all PreciousMoments Kittens will have had his/her first shots and blood tests, with the exception of the rabies shot. International exported kittens will also have the rabies shot. PreciousMoments keeps a closed Cattery. Due to studies done at Cornell University the conclusion was that FIP Vaccinations can potentiate actual FIP. PreciousMoments does not vaccinate for this disease and do not guarantee health of purchased kittens if they are vaccinated for these after going to their new homes. New owners are advised to discuss vaccination options with their own veterinarian, but agrees that all health guarantees are null and void if this cat is given a FIP vaccine
• Waiver. Seller gives the consumer two business days (48 hours) from the date of delivery in which to have the cat/kitten examined by a licensed veterinarian of the consumer’s choosing. If the veterinarian certifies that at the time of sale, the cat/kitten was unfit for purchase due to a congenital or hereditary disorder that adversely affects the health of the kitten, seller shall afford consumer the right to choose one of the following options: (a) the right to return the cat/kitten and receive a refund of the purchase price, excluding veterinary costs (b) the right to return the cat/kitten and receive an exchange cat/kitten but not a refund of the veterinary costs. Buyer must present certificate of unfitness to seller within 3 business days after vet’s findings. Any evidence of abuse, neglect, or mishandling releases the Seller from responsibility regarding the cat/kitten and voids the above limited warranty. Seller is not responsible for any contagious diseases and/or parasites diagnosed seven (2) days after delivery of cat/kitten. This waiver does not void Seller’s Limited Warranty.
• Release of Liability. Release of Liability. Seller is not liable for expenses incurred (including medical) due to or as a result of the above cat/kitten’s actions. Seller does not guarantee eye color shade, coat color shade, coat length, size, weight, or personality of cat/kitten. Buyer is aware that Persians as a breed are prone to certain cosmetic disorders such as runny eyes, over bites, under bites, wry bites, and feline acne. These cosmetic issues are not considered “health hazards or problems” that would result in a replacement kitten. Seller has two different lines. Kittens from both lines usually do not have runny eyes.
• Use. Seller provides cat/kitten solely for the purpose of a companion pet. This is not a warranty expressed or implied that the Buyer will be able to use cat/kitten for showing or breeding purposes.
• Care of Kitten. Buyer agrees that cat/kitten will live indoors at all times. Buyer agrees never to sell cat/kitten for laboratory use. Buyer agrees to provide necessary vaccinations and adequate health care for the life of this cat/kitten. Yearly check-ups and booster vaccinations (including rabies, if required by your veterinarian) are required and should be brought up-to-date on the health record provided to Buyer at the time of purchase. Buyer agrees to feed cat/kitten purified water and Life’s Abundance premium food without fillers, bi-products, gluten, and magnesium as these products can cause crystals and severe health problems. Buyer also agrees to supplement with NuVet Vitamins. Buyer agrees that if he/she can no longer care for cat/kitten, the Seller will be contacted in an effort to help find a suitable home. • Spay/Neuter Agreement. Buyer understands that he/she will not receive registration papers until spay/neuter agreement has been fulfilled.
• Jurisdiction. It is agreed that this sale is taking place in the State of Florida, USA, and it is agreed that this contract will be interpreted pursuant to the laws of the State of Florida USA. Therefore, any legal issues are to be handled in the court system of Florida, USA. • Fraud. Buyer is aware that any attempts to commit the crime of fraud, including filing fraudulent chargeback’s, paying with fraudulent money orders or cashier’s checks, will be reported to the local DA’s office for full prosecution. The buyer’s local police department will be contacted as well.
• Entire Agreement. This instrument is intended by both Seller and Buyer to be a final expression of their agreement and, as a complete and exclusive statement of its terms. No representations, understandings or agreements, whether verbal or written, have been made or relied upon in the making of this Agreement other than those specifically set forth herein. Only an agreement signed by both parties may modify this Agreement.
• Severability. The invalidity, illegality, or unenforceability of any one or more provisions of this Agreement shall in no way affect or impair the validity, legality or enforceability of the remaining provisions herein, such provisions shall remain in full force and effect.
• Remedies. All of Seller’s rights hereunder are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall not limit or prejudice any legal or equitable right which Seller may have.
• Additional Agreement. This contract is signed by buyer to ensure the well-being and protection of our Persian kittens. This contract constitutes the full agreement between buyer and seller. No other warranty, verbal or written, is implied. There are no returns when you purchase a cat or kitten all sales are final.