A View of Our Contract
Here you can read what is in our Contract that will be sent to you by email!
This Purchase agreement is a legally binding contract for the sale of one kitten / cat as described in this contract between Luna kat Sphynx Cattery (The seller) and the Buyer (described above) and automatically entered into the day deposit is paid to Luna Kat Sphynx cattery / Paula M. V. (Seller). Both parties agree to the following terms:
As The Seller / Breeder I have the right to refuse and or cancel a sale at any given time or reason, as I see fit. In such an event, the deposit will be refunded to the Buyer.
Primary Warranty of Health: The Seller guarantees the kitten / cat to be of sound health upon departure of Luna Kat Sphynx Cattery. Buyer agrees to have the kitten / cat examined by a licensed Veterinarian within 72 hours. Buyer is responsible for all veterinary fees incurred once the kitten / cat has left Luna Kat Sphynx Cattery (Seller) possession. If upon examination by a licensed veterinarian kitten / cat is diagnosed to be medically deficient with an untreatable or life threatening congenital defect, it is required the Buyer notify the Seller immediately via phone, email along with a written letter and phone consult from the diagnosing veterinarian. Upon kitten / cats return, Seller will replace with a kitten / cat of equal value if one is available or when one becomes available within 12 months time provided Seller / Breeder is still actively breeding. No monetary refunds will be given, no exceptions. Kitten / cat may not be returned due to illness once 72 hour health guarantee has lapsed. After leaving Seller residence Seller cannot be held accountable for any bacterial or viral infectious diseases, giardia, parasites, fungus, or future diagnosis of FeLV / FIV due to the fact that these can be contracted anywhere in the environment after leaving Luna Kat Sphynx Cattery and are not a result of genetics or breeding. Kitten / cat should not be in contact with any other animals before being vet checked within the 72 hour period or health guarantee voids. If the Buyer chooses to vaccinate for feline infectious peritonitis (FIP), feline leukemia virus (FeLV) or feline immunodeficiency virus (FIV), both warranties of health are void.
Secondary Warranty of Health: If the kitten / cat should die within 1 year of age as a result of a congenital defect including HCM, said kitten /cat will be replaced if an appropriate complete necropsy is performed with a licensed veterinarian explaining the cause of death was from a congenital defect accompanied with at least 2 pictures of the deceased kitten / cat, death certificate along with vet records must be provided to Seller / Luna Kat Sphynx Cattery directly from the licensed veterinarian at Buyers expense. This must be received by the Seller within 7 days of the kitten / cats original death. Once this is done the Seller will replace with a kitten / cat of comparable quality and value when one is available and can take up to 12 months to replace provided Seller / Breeder is still actively breeding. No monetary refunds will be given, no exceptions.
Deposits / Shipping / Pick up: All deposits and money paid towards the sale of a kitten / cat are NON-Refundable. If Buyer decides for any reason under any circumstance they no longer want to purchase the said kitten / cat, or do not pick up the kitten / cat within the date scheduled, the deposit and money paid towards the sale of the kitten / cat will NOT be refunded. No exceptions. Kitten / cat will then be available to other Buyers. Balance due plus any shipping cost must be paid by the Buyer and received by the Seller before shipping the kitten / cat. If shipping is required balance and shipping cost must be paid in full 1 week prior to shipping! If you are picking up your kitten / cat in person (local pick up) and choose to pay your remaining balance using PayPal, this must be done 1 week prior to pick up! If you would like to pay your remaining balance at pick up, CASH is the only form of payment that will be accepted! No checks of any kind. Pick up / shipping arrangements must be made or agreed upon by the time the kitten / cat is 12 weeks of age. All shipping, insurance, airline carrier charges, crate and health certificate, rabies vaccine will be paid by the Buyer. The Seller is not liable for the kitten / cat if lost or stolen after the acceptance by the airline carrier or pet courier. Once kitten / cat is given to the airline carrier or pet courier the Buyer takes all responsibility to deal directly with the airline or courier if the kitten / cat is lost, stolen, delayed or damaged resulting in the mortality or illness of the kitten / cat.
The Buyer understands that the kitten / cat is not hypoallergenic. It is understood that no sphynx is completely hairless. Fur on the tail, feet and face are common. The degree of hairlessness of the breed varies from cat to cat. Hormones, climate and genetics play an important role in hairlessness and it is impossible to guarantee that any sphynx kitten / cat will not grow some fur at any point in its life. Buyer understands that declawing is a mutilation involving the amputation of a large portion of the kitten / cats toes, which is likely to alter the temperament and general well being of the cat.
If purchasing breeding / show rights it must be done at the time of deposit and contract, before Buyer takes ownership of the kitten / cat! Breeding rights are NOT sold after the kitten / cat has left Luna Kat Sphynx Cattery from The Sellers home! Seller makes no guarantee as to performance or breeding capability. Seller cannot guarantee or warranty type, color, behavior or personality or how well said kitten / cat may or may not adjust or acclimate to your children, home, etc. If you have purchased kitten / cat with breeding rights, TICA or CFA registration will be given at pick up or sent with shipping.
Should the Buyer be unable or unwilling under any circumstances to keep the kitten / cat, The Seller shall have the first option to the kitten / cat free of charge. This notification obligation and first right of refusal remains in effect the entire life of the kitten / cat. Seller will not ask questions as to why you can no longer provide care for the kitten / cat if you do not wish to disclose the information.
Spay / Neuter Requirement:
Buyer is required to have the said kitten / cat spayed or neutered at Buyers expense by No later than the kitten / cat being 6 months of age! Kitten / cat is still registered under the Seller / Breeder / Luna Kat Sphynx legally. Registration will not be released until proof from your veterinarian is provided that said kitten / cat has been spayed or neutered! If kitten / cat is not spayed or neutered by 6 months of age with proof to the Seller from your veterinarian. Seller will enforce breach of contract for the maximum dollar amount of $3,500. The kitten / cat must also be returned to the Seller at Buyers expense immediately. If kitten / cat is bred any offspring of this kitten / cat are to be delivered to the Seller as the Sellers legal sole property. Buyer will not be entitled to any compensation or refund of any kind! Buyer will also be responsible to pay Seller back all legal fees incurred! Legal action WILL be taken by the Seller / Breeder / Luna Kat Sphynx!
If Sellers reputation, community standing, integrity or good name of Luna Kat Sphynx (Luna Kats) is damaged, negatively affected by any miscommunication, argument, intentionally or otherwise, shared and or posted on any social media, person to person, website or complaint board. Seller has the right to disclose all information and to prosecute to the fullest extent of slander / libel laws. A facsimile signature shall be enforceable as an original if the original contract is lost, destroyed or otherwise unavailable. If any legal action is commenced by Seller or Buyer as a result of this contract, Buyer agrees that the place of venue for such action shall be Harris County Houston, State of Texas. Buyer assents to personal jurisdiction within such venue regardless of their place of residence and agrees that any judgment obtained is enforceable within the jurisdiction that they reside in as if obtained within that jurisdiction. This document is a legal and binding contract. This contract is to be governed by the laws of the State of Texas. Buyer(s) signature indicate full agreement, understanding and approval of all the terms and conditions of this contract. There is no other conditions or guarantees, verbal or implied. No verbal deviations or additions are valid. No other warranties or guarantees are provided other than those specifically outlined above.