This Adoption Contract & Bill of Sale (the "CONTRACT ") is entered into by and between Daniel Fradkin (the "BREEDER ") Acting as Receiver for Noble Manes Cattery & Rescue (the "CATTERY ") located at 5716 Vahan Ct, Lancaster, California 93536, and
BUYER ")
whose home address is
and contact details are
on
This Contract is executed electronically in conformance with U.S. E-SIGN Act {Pub.L. 106–229}, UETA, GDPR and other laws in Europe.
This Contract sets forth all of the terms and conditions for the adoption of a purebred feline (as outlined in Section 1.1), hereafter referred to as (the "ANIMAL ") and represents a formal bill of sale together with the rights of ownership to be transferred to the Buyer. In the event the parties mutually agree to any additional services to be provided by the Cattery hereunder, the parties shall negotiate and execute a separate Statement of Work which shall be attached as a Statement of Work Addendum hereto (as outlined in Section 6.4).
NOW , THEREFORE , in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, both parties hereby:
AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS
(please confirm your acknowledgment by initialing each provision)
SECTION 1: (General Terms)
1.1
Buyer acknowledges provision
Animal Identification
a.
Collar Identification:
White
b.
Cattery Nickname:
Jacqueline
c.
Microchip Number:
985-141-007-412-430
d.
Date of Birth:
November 7, 2024
e.
Birthplace:
Lancaster (Los Angeles County), California USA
f.
Dam (mother):
NobleManes Willow
g.
Sire (father):
Iorek Lexus of NobleManes
h.
Breed / FIFe Code:
Maine Coon Polydactyl / MCP
i.
Coloring / FIFe Code:
Black-Silver Tabby Polydactyl / ns 22 91
j.
Coat Characteristics:
Tabby Pattern: Mackerel
k.
Gender:
( X )
Male
see Section 2.4
( X )
Female
see Section 2.4
1.2
Buyer acknowledges provision
Terms: Classification & Alter Requirements
a.
Life Stage:
( X )
Kitten
aged: under 24 weeks
( X )
Junior
aged: 24 weeks to 2 years
( X )
Adult
aged: 2 to 10 years
( X )
Senior
aged: over 10 years
b.
Former Breeder:
( X )
Yes
see Section 1.9(a)(viii)
( X )
No
see Section 1.9(a)(viii)
c.
Spay/Neuter Type:
( X )
Alter by Breeder
see Section 3.1(a)
( X )
Alter by Buyer
see Section 3.1(b)
( X )
NOT Required
see Section 1.9(a)(vii) & Addendum {5}
1.3
Buyer acknowledges provision
Terms: Monetary Obligations & Disclosures
a.
Adoption Price:
$4,300.00
see Section 1.6(a)
b.
Subject to Sales Tax:
( X )
Yes
see Section 1.6(b)
( X )
No
see Section 1.6(b)
c.
Sales Tax Rate:
0.00%
e.
Waitlist Fee Charged:
( X )
Yes
see Section 1.6(c)
( X )
No
see Section 1.6(c)
f.
Waitlist Fee Amount:
$0.00
g.
Minimum Deposit:
25% ($1,075.00)
see Section 1.6(d)
h.
Deposit Payment Due:
Within twenty-four (24) hours of Contract signing
i.
Deposit Payment Forms:
( X )
Cash
( X )
Cashier's Check
( X )
Credit Card
see Section 1.6(f)
( X )
Zelle
( X )
Venmo
"@NMCattery "
j.
Final Payment Due:
At Animal pickup/delivery
k.
Final Payment Forms:
( X )
Cash
( X )
Cashier's Check
( X )
Credit Card
see Section 1.6(f)
( X )
Zelle
( X )
Venmo
"@NMCattery "
1.4
Buyer acknowledges provision
Terms: Associations & Registration
a.
Organizations:
( X )
ACFA
"American Cat Fanciers Association "
( X )
CFA
"The Cat Fanciers' Association "
( X )
TICA
"The International Cat Association "
( X )
REFR
"Rare and Exotic Feline Registry "
b.
Registration Type:
( X )
Pet Quality
see Section 1.9(a)(v)
( X )
Show Quality
see Section 1.9(a)(vi)
c.
Breeding Rights Granted:
( X )
Yes
see Section 1.9(a)(vii) & Addendum {5}
( X )
No
see Section 1.9(a)(vii)
1.5
Buyer acknowledges provision
Terms: Contractual Dates
a.
Contract Effective Date:
b.
Earliest Go-Home Date:
February 13, 2025
c.
Earliest Rabies Date:
February 27, 2025
d.
Health Guarantee Expires:
November 7, 2027
1.6
Buyer acknowledges provision
Buyer agrees to purchase the above stated Animal and agrees that Transfer of Ownership as outlined in Section 6.2 will occur only upon receipt of payment in full under the terms of this Contract.
a.
The Adoption Price listed in Section 1.3(a) encompasses the purchase of the Animal listed in Section 1.1 and the go-home package provided by Breeder to Buyer.
i.
The Adoption Price does not provide any additional services including, but not limited to, transportation, delivery, boarding, or health certificates.
ii.
Statement of Work (SOW) Addendums as outlined in Section 6.4 are required for any additional services to be provided by the Cattery hereunder.
iii.
If Breeding Rights are granted as listed in Section 1.4(c) of this Contract, an additional fee, or other compensation model will be required, and will be outlined along with restrictions, if any, on the Breeder Rights Addendum.
b.
The Breeder in some jurisdictions is required by local, county, or state regulations to collect and remit sale and use tax for animal sales. If this Contract is subject to sale or use taxes it will be disclosed in Section 1.3(b) along with the associated rate listed in Section 1.3(c).
c.
The Cattery may elect to charge a potential adopter a non-refundable application or waitlist fee, due and payable upon approval of an adoption application by the Breeder. If a fee was paid by Buyer it will be indicated in Section 1.3(e) with the amount received listed in Section 1.3(f).
i.
This non-refundable fee is not a deposit and did not reserve any specific kitten/cat, nor does the fee count towards the required deposit as outlined in Section 1.3(g). This fee will be credited towards the total adoption price as listed in Section 1.3(a) for the Adoption of the kitten listed in Section 1.1 under this Contract.
d.
With the Signing of this Contract a non-refundable minimum deposit as listed in Section 1.3(e) is required to reserve the Animal. This deposit is due as listed in Section 1.3(f)
i.
Buyer may elect to utilize any of the allowed payment methods as listed in Section 1.3(i) for the deposit, and any of the allowed payment methods as listed in Section 1.3(k) for the final payment.
ii.
An alternate form of deposit may be authorized by the Breeder on a case-by-case basis and must be confirmed in writing as a Statement of Work in connection therewith and attached to Addendum {6} hereto, as outlined in Section 6.4.
iii.
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 and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
e.
At the signing of this Contract and with receipt of the required deposit outlined in Section 1.6(e), 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 final payment is made at which time the Animal is reclassified as "SOLD"; unless revoked under Section 1.8.
f.
If the Breeder elects to offer the ability for Buyer to use a credit or debit card, for either the deposit or final payment method, Buyer acknowledges that a processing and handling fee is charged for each transaction. The combined rate of these fees is represented as 3.50% + $0.30 of the amount to be processed on the individual transaction. These fees are not retained by the Cattery, and therefore, will not be included in a refund due Buyer under any provision of this Contract.
1.7
Buyer acknowledges provision
Buyer agrees that the Animal may not leave the care of the Breeder before the Earliest Go Home Date listed in Section 1.5(b), provided Dam and Kitten are ready. The Earliest Go Home Date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian. If this date is extended by the Breeder no extended boarding charges will apply from the original date to the revised date, and the "NO LATER THAN" date listed in Section 1.7(b) will be extended the same number of days as the Earliest Go Home Date.
a.
Buyer agrees that if this Contract is for the purchase of a Kitten; Buyer will collect the Animal or arrange for shipping/delivery No Later Than two (2) weeks from the the Earliest Go Home Date listed in Section 1.5(b). Buyer agrees that if this Contract is for the purchase of a Junior, Adult, or Senior Animal; buyer will collect the Animal or arrange for shipping/delivery No Later Than two (2) weeks from the Contract Effective Date listed in Section 1.5(a). The collection window may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.
i.
Failure to collect the Animal or arrange for shipping/delivery before the applicable No Later Than date based on the Animal's Life Stage as listed in Section 1.2(a), in accordance with Section 1.7(a), shall constitute breach of Contract unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.
ii.
An invoice for a Statement of Work for boarding as outlined in Section 6.4(a) will be provided upon request if the extended boarding is approved by the Breeder. This invoice will be sent via email and must be paid in full in accordance to Section 6.5(a).
iii.
If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.7(a)(i), this Contract is voided and full ownership of the Animal shall revert back to the Cattery.
iv.
No refund will be issued for breach of Contract in violation of Section 1.7(a)(i) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
1.8
Buyer acknowledges provision
The Breeder in their sole discretion may revoke/terminate the Animal adoption at any time and for any reason up to and including the date/time of pickup/delivery. To aid in this decision and to address any and all concerns Breeder may have during the Adoption Process, at the signing of this contract Buyer grants Breeder full unfettered authorization to conduct a background check and evaluate social media platforms for all adult residents of their household. Furthermore, Buyer authorizes Breeder, or Breeder’s authorized agent, to conduct an on-site house inspection and personal interview of each adult household member, if deemed necessary, in Breeder’s sole discretion, with twenty-four (24) hour advance written notice.
a.
If Breeder elects to revoke/terminate the Animal adoption, Breeder will provide a Contract termination letter to the Buyer informing them of their decision.
i.
Any funds received, including the deposit, except as outlined in Section 1.8(b)(iii), will be refunded in full. Any merchant/bank fees not retained by the Breeder are exempt from refunds under this provision.
b.
Buyer acknowledges that if a pre-adoption questionnaire was submitted, it was completed to the best of their knowledge, free of falsifications and/or omissions, and true and complete in material detail. Buyer acknowledges that any/all follow-up interview or communication with Breeder will be truthful, accurate, and free of deception. Buyer acknowledges that they intent to act in good faith with respect to the health and wellbeing of the Animal as outlined in Section 3 and Section 4.
i.
If Breeder becomes aware of information submitted on a pre-adoption questionnaire or that violates the terms of Section 1.8(b), this Contract is voided and full ownership of the Animal shall revert back to the Cattery.
ii.
If Breeder becomes aware of the intent to withhold proper care for the animal, including, but not limited to, fresh food, clean water, a clean litter box, and timely veterinary services; or if Buyer is planning to purposely make access to these item difficult for the Animal, this Contract is voided and full ownership of the Animal shall revert back to the Cattery.
iii.
No refund will be issued for breach of Contract in violation of Section 1.8(b)(i) or Section 1.8(b)(ii) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
1.9
Buyer acknowledges provision
Animal Registration Eligibility
a.
Breeder guarantees that this Animal is a Purebred Feline of the recognized breed listed in Section 1.1(h), and eligible for registration in the organizations listed in Section 1.4(a), with a registration type as listed in Section 1.4(b).
i.
For purposes of this Contract "PUREBRED" shall be defined to mean; the sire and dam of a feline are members of a recognized breed and the ancestry of a feline consists of the same breed over many generations.
ii.
For purposes of this Contract "BREED" shall be defined to mean; a group of closely related and visibly similar felines, which are all of the subspecies Felis Catus, having characteristic traits that are selected and maintained by humans, bred out of a known foundation stock.
iii.
For purposes of this Contract "BREED STANDARD" shall be defined to mean; those traits, established by an organization, that outline the ideal characteristics of a breed, including size, weight, coat type, color, and other physical attributes.
iv.
For purposes of this Contract "ORGANIZATION" shall be defined to mean; any purebred animal registry (also known as a breed registry), who catalogs and maintain official records that tracks the lineage and breeding history of animals within a specific breed, ensuring the preservation of breed standards and providing formal documentation of purebred status and lineage.
v.
For purposes of this Contract "PET QUALITY" shall be defined to mean; a feline that, in the breeder's opinion, has minor deviations from the breed standard that would prevent them from being successful in the show ring or from being used for breeding.
vi.
For purposes of this Contract "SHOW QUALITY" shall be defined to mean; a feline that, in the breeder's opinion, has the potential to excel in the show ring and meet the breed's specific standards for conformation (physical appearance), temperament, and sometimes, function.
vii.
For purposes of this Contract "BREEDING RIGHTS" shall be defined to mean; the legal permission to breed the Animal, and to register the offspring with a relevant organization.
viii.
For purposes of this Contract "FORMER BREEDER" shall be defined to mean; a feline that has been removed/retired from of a breeding program due to age, ethical considerations, inability to conceive, or other reasons, and is then rehomed or placed in a non-breeding environment.
b.
Registration of the Animal in any Organization listed in Section 1.4(a) is not required and is left to the Buyers discretion. Buyer is responsible for completing and submitting the registration forms (also known as blue slips), and for paying any associated registration fees.
c.
Breeder shall provide the appropriate registration forms upon pickup/delivery of the Animal, except as outlined in Section 3.1 and 3.1(b).
d.
If the Animal is offered as Show Quality as listed in Section 1.4(b), Breeder cannot guarantee show performance, contest wins, or that the Animal will earn title awards. The issuing of any points, ribbons, or accolades are subjective in nature as determined by the presiding judge of the show ring and/or hall.
SECTION 2: (Health and Guarantee)
2.1
Buyer acknowledges provision
The Cattery conducts genetic DNA Testing on all breeding pairs. This testing is performed in conjunction with Optimal-Selection.com in a cooperative effort with TICA. Services are performed by Neogen’s GeneSeek Operations lab, located at 4131 N. 48th Street, Lincoln NE 68504. The following specific tests are conducted and test reports will be included for the Animal’s Sire and Dam in your document packet.
a.
Genetic health tests:
i.
Acute Intermittent Porphyria (variants 1-2-3-4-5), Autoimmune Lymphoproliferative Syndrome, Burmese Head Defect, Chediak-Higashi Syndrome, Congenital Adrenal Hyperplasia, Congenital Erythropoietic Porphyria, Congenital Myasthenic Syndrome, Cystinuria Type 1A, Cystinuria Type B (variants 1-2-3), Dihydropyrimidinase Deficiency, Earfold and Osteochondrodysplasia, Factor XII Deficiency (variants 1-2), Familial Episodic Hypokalaemic Polymyopathy, Glutaric Aciduria Type II, Glycogen Storage Disease, GM1 Gangliosidosis, GM2 Gangliosidosis, GM2 Gangliosidosis Type II, Hemophilia B (variants 1-2), Hyperoxaluria type II, Hypertrophic Cardiomyopathy, Hypotrichosis, Lipoprotein Lipase Deficiency, Mucopolysaccharidosis Type I, Mucopolysaccharidosis Type VI (G1558A variant), Mucopolysaccharidosis Type VI (T1427C variant), Mucopolysaccharidosis Type VII, Multidrug Resistance 1, Myotonia Congenita, Polycystic Kidney Disease (PKD), Progressive Retinal Atrophy (rdAc-PRA), Progressive Retinal Atrophy, Pyruvate Kinase Deficiency, Sphingomyelinosis (variant 1-2), Spinal Muscular Atrophy, Vitamin D-Dependent Rickets.
b.
Blood Type as outlined as A, B, and AB variant and genotype:
i.
A is the most common blood type, found in about 99% of cats. A cats have the A antigen and may be homozygous (AA) or heterozygous (Ab).
ii.
B is less common, with a prevalence of around 1%. B cats have the B antigen and are homozygous (bb).
iii.
AB is the rarest blood type, found in less than 1% of cats. AB cats have both A and B antigens and are heterozygous (ab).
c.
Traits and Genetic Diversity:
i.
Agouti (A) Locus: Charcoal (Apb), Non-Agouti (a).
ii.
Brown (B) Locus: Chocolate (b), Cinnamon (bl).
iii.
Color (C) Locus: Colorpoint (cb), Colorpoint (cs), Mocha (cm), Albinism (c).
iv.
Dilution (D) Locus: Dilution (d).
v.
Extension (E) Locus: Amber (e), Russet (er).
vi.
White Patterns: Gloves (white feet), White Spotting, Dominant White.
vii.
Other Coat Types: Glitter coat, Hairlessness, Long hair (mutation M1), Long hair (mutation M2), Long hair (mutation M3), Long hair (mutation M4), Lykoi coat (mutation Ca), Lykoi coat (mutation VA), Rexing.
viii.
Body Features: Short tail (two variants), Polydactyly (mutation HW), Polydactyly (mutation UK1).
2.2
Buyer acknowledges provision
In addition to the above genetic testing the Sire and Dam will have annual wellness exams during which they are screened and tested for any health issues including heart conditions/murmurs. The Animal will have a go-home examination as outlined in Section 2.5, vaccinations and parasite deworming, and wellness checks as determined by our Cattery Veterinary team.
a.
The Cattery utilizes the following clinic for primary care veterinary services:
i.
Southern Kern Veterinary Clinic
4455 West Rosamond Blvd
Rosamond, CA 93560
(661) 256-8121
b.
The Cattery utilizes the following clinic for tele-health and diagnostic services:
i.
Noble Manes Clinic & Laboratory
5716 Vahan Ct
Lancaster, CA 93536
(661) 727-0196
c.
Additional veterinary services may be administered from alternate clinics and/or providers at the discretion of our Cattery Veterinary team, or as needed by Breeder to facilitate the Animal leaving the Cattery in a timely manner.
2.3
Buyer acknowledges provision
Misgendering of the Animal, although rare, has been known to happen. Breeder and our Cattery Veterinarians strive to accurately assess the gender of the Animal both at time of birth and throughout the Animals time in the Cattery. Buyer acknowledges that definitive gendering can only be done at the time of spay/neuter.
a.
If the gender of the Animal is confirmed to be different than that listed in Section 1.1(k) after the execution of this contract, Buyer at their discretion, can elect to proceed with the adoption or withdraw from this contract and select a kitten from a future litter.
b.
If Buyer elects to withdraw from the adoption as outlined in Section 2.3(a) a credit in the amount of the original adoption price will be issued for use toward selection of an alternate future kitten. If the selected kitten’s adoption price is higher than the value of the credit issued, Buyer is responsible for the difference in price.
c.
Buyer will receive a reimbursement of any unused credits after the execution of the new adoption contract if a low value replacement was selected.
d
No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal of the original gender listed in Section 1.1(k) within six (6) months of a confirmed misgendering.
2.4
Buyer acknowledges provision
Breeder guarantees that this Animal is, to the best of Breeder’s actual knowledge, free from genetic defects, congenital diseases, parasites, and is in good health at the time of sale. Deafness in white and/or blue eyed cats is a known breed trait and excluded from this guarantee, as outlined in Section 2.10.
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 from the Earliest Go Home Date listed in Section 1.5(b). The Animal will be replaced with an Animal selected by Breeder in Breeder’s sole and absolute discretion of equal value.
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 6.4(f).
2.5
Buyer acknowledges provision
The Animal is veterinarian cleared as healthily prior to leaving the Cattery and is warranted by a ninety-six (96) hour sickness guarantee period. The ninety-six (96) hour sickness guarantee period begins when the Animal leaves the care of the Cattery for shipping too, or collection by Buyer. Illness must be diagnosed and documented by a certified veterinarian using the Cattery "Health Guarantee Form" included in your document packet.
a.
A cattery exit wellness check (Kitten Go Home Exit Veterinarian Clearance) is conducted prior to the Animal leaving the Cattery.
i.
This clinical assessment includes checking each of the following areas: coat/skin, head/neck, eyes, ears, nose, mouth/throat, gums/ teeth, chest, abdomen, legs/joints, paws/pads, back/spine, tail, genitals.
ii.
The diagnostic assessment includes the following: gender confirmation, weight measurement, listening for lung and heart sound anomalies, detection and grading of any murmur.
iii.
The Animal will only be permitted to leave the Cattery for shipping too, or collection by Buyer, upon the Animal receiving a Veterinarian Cleared To Go Home endorsement signed by our Cattery Veterinarians. Breeder will place a temporary pickup hold at the direction of our Cattery Veterinarians for any Animal that is showing signs of minor illness. The new pickup date will be determine on the recommendation of our Cattery Veterinarians.
b.
Failure to inform Breeder and submit the Health Guarantee Form along with required documentation within forty-eight (48) hours in accordance with Section 8 of veterinarian’s finding illness or other cause for concern will waive any/all rights to compensation, including refund or replacement under any Section of this Contract.
c.
Breeder requires, and all warranties under Section 2.5 are subject too, and it is Buyer’s responsibility to activate the thirty (30) day free trial pet insurance provided by Breeder if the Animal is one (1) year of age or younger at Go Home Day in accordance to Section 4.6. Failure to activate this insurance prior to leaving the cattery for pickup or within one (1) hour of delivery of the Animal will waive Section 2.5 of this Contract and all rights and health guarantees to refund within this Section are void.
d.
If the Animal is found to be sick during the ninety-six (96) hour sickness guarantee period, and this sickness originated prior to leaving the Cattery, Buyer may elect between the following two (2) options; The Animal may be returned for a full refund, less any processing or cattery fees – or – Buyer may elect to keep the Animal and Breeder will compensate Buyer for associated veterinary services up to the maximum amount of Two Hundred Fifty ($250.00) dollars, equal to the Trupanion health insurance trial deductible.
i.
Breeder shall not be held responsible for paying any veterinarian fees, insurance premiums, insurance co-payments, or associated costs except as outlined in Section 2.5(d).
ii.
Breeder may require a second veterinary opinion, at Breeder's expense.
iii.
Breeder is not responsible for illness or injury to the Animal resulting from the Animals exposure to other animals in violation of quarantine requirements as outlined in Section 3.4.
iv.
Breeder is not responsible for illness or injury to the Animal resulting from Buyer's mishandling, mistake, or accident.
v.
Breeder is not responsible for injury or illness to the Animal from adverse reaction to the alter procedure/surgical site as a direct result of grooming, licking, chewing, allergic reaction to sutures used during the alter procedure, and/or any activity that prevents the natural healing process.
vi.
Breeder is not responsible for damage or injury to other animals, persons, or property caused directly or indirectly by the Animal.
vii.
If return shipping is necessary, Buyer shall be responsible for arrangements and cost. The original shipping fees, if any, are not refundable.
viii.
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.
2.6
Buyer acknowledges provision
The Animal is guaranteed against Material Congenital Defects (i.e., that are hereditary in nature), for the timeframe as outlined in Sections 2.6(b) and 2.6(c). If a material defect appears, the Animal will be replaced with an Animal selected by Breeder in Breeder’s sole and absolute discretion of equal value. A Material Congenital Defect must be diagnosed and documented by a certified veterinarian using the Cattery "Health Guarantee Form" included in your document packet.
a.
For purposes of this Contract "MATERIAL CONGENITAL DEFECTS" shall be defined to mean; an underlying genetic trait that directly results in, or causes, or contributes to a health condition of the animal as follows:
i.
Significantly reduces the life of the Animal, or
ii.
Significantly restricts the Animal’s normal physical activity, or
iii.
Directly causes abnormal pain to the Animal.
b.
Buyer agrees that if this Contract is for the purchase of a Kitten or Junior as outlined in Section 1.2(a); Animal is guaranteed against Material Congenital Defects until three (3) years of age. Animal's date of birth is identified in Section 1.1(d) of this Contract.
c.
Buyer agrees that if the Animal is a Former Breeder as outlined in Section 1.2(b); Animal is guaranteed against Material Congenital Defects for a period of one (1) year from the Earliest Go Home Date as listed in Section 1.5(b), regardless of the age of the Animal.
d.
Failure to inform Breeder and submit the Health Guarantee Form along with required documentation within forty-eight (48) hours in accordance with Section 8 of veterinarian's finding a Material Congenital Defect will waive any/all rights to compensation, including refund or replacement under any Section of this Contract.
i.
Suspected conditions and/or inconclusive tests shall not be considered as confirmation.
ii.
Breeder may require a second veterinary opinion, at Breeder's expense.
iii.
Only early onset Juvenile Hypertrophic Cardiomyopathy (JHCM) as outlined in Section 2.7(a) is known by the American College of Veterinary Internal Medicine (ACVIM) to be directly caused by genetic abnormalities in the Dam and Sire, and therefor covered under this provision. All other forms of Hypertrophic Cardiomyopathy (HCM) are excluded.
iv.
No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within six (6) months from of a confirmed diagnosis. The Animal will be replaced with an Animal selected by Breeder in Breeder’s sole and absolute discretion of equal value.
2.7
Buyer acknowledges provision
HCM is the most encountered heart diseases in cats. This disease is characterized by an abnormal thickening "Hypertrophy" of one or several areas of the walls of the heart, usually of the left ventricle.
a.
This disease is usually diagnosed in middle-aged cats and the cause of HCM has not been clearly identified. However, there is a juvenile form affecting young cats (6 months of age and younger) that has been confirmed as an autosomal dominant inherited trait. This juvenile form is always accompanied by heart murmur(s) and arrhythmias detectably by stethoscope as early as two (2) weeks of age. The Cattery has each kitten examined by our Cattery Veterinarian prior to leaving the Cattery (Kitten Go Home Exit Veterinarian Clearance) as outlined in Section 2.5, and this examination includes screening for any heart abnormalities and murmurs.
b.
The Cattery screens each Sire and Dam annually for indicators of heart disease, to detect any signs of cardiac abnormalities in our breeding pairs. These indicators include the following:
i.
Stretch and stress on the myocardium.
ii.
Thickened walls and/or constricted volume of the left ventricle of the heart.
2.8
Buyer acknowledges provision
Buyer acknowledges that the Animal may develop or contract illnesses or diseases over the course of its lifespan that are beyond the control of the Breeder; as these are Naturally Occurring medical conditions.
a.
For purposes of this Contract "NATURALLY OCCURRING" shall be defined to mean; a condition that occurs spontaneously in nature, without any external intervention or human-made cause. These diseases can be caused by a variety of factors, including:
i.
Infectious Agents: bacteria, viruses, parasites.
ii.
Environmental Factors: exposure to toxins, nutritional deficiencies, natural disasters.
iii.
Aging-Associated Factors: conditions whose incidence and prevalence increase with age.
b.
Illnesses or diseases caused by allergies to airborne particles, bacteria, fleas, food, fungus, malnutrition or mineral deficiencies, mosquitos, parasites, ticks, viruses; such as:
i.
Aspergillosis, Blastomycosis, Bordetella Bronchiseptica, C. Perfringens, C. Botulinum, Campylobacter, Candidiasis, Canine Parvovirus (CPV), Cat-Scratch Disease (CSD), Cat Skin Disorders (Mange, and Lice Infestations), Central Retinal Degeneration, Chlamydophila Felis, Clostridium Difficile, Coccidioidomycosis, Cowpox, Cryptococcosis, Cryptosporidium, Cuterebriasis, Diabetes, Dermatophytosis (Ringworm), E. Coli, Feline Acne, Feline Asthma, Feline Calicivirus (FCV), Feline Coronavirus (FCoV), Feline Eosinophilic Granuloma Complex (EGC), Feline Famy Virus or Feline Syncytial Virus (FeFV, or FFV), Feline Hemotrophic Mycoplasmosis (FHM), Feline Hepatic Lipidosis, Feline HerpesVirus (FHV-1), Feline Hyperadrenocorticism, Feline Hyperaldosteronism, Feline Hyperesthesia Syndrome, Feline Hypoadrenocorticism, Feline Idiopathic Cystitis (FIC), Feline Immunodeficiency Virus (FIV), Feline Infectious Anemia (FIA), Feline Infectious Peritonitis (FIP), Feline Leprosy Syndrome, Feline Leptospirosis, Feline Leukemia (FeLV), Feline Panleukopenia Virus (FPV), Feline Viral Rhinotracheitis (FVR), Feline Sarcoma Virus, Feline Spongiform Encephalopathy (FSE), Feline Viral Enteritis, Flea Allergy Dermatitis, Florida Keratopathy, Gastrointestinal Parasites (including; Aelurostrongylosis, Coccidia, Flukes, Giardia, Hairworms, Heartworms, Kidney Worms, Ollulanosis, Roundworms, Stomach Worms, Sucking Worm, Tapeworms, Toxoplasma, Trichinosis, Whipworms), Haemophilus Felis, Head Pressing, Histoplasmosis, Influenza A virus (includes H1N1, H3N2, H3N8, H5N1, H7N2), Keratoconjunctivitis Sicca, Leishmaniasis, Lyme Disease, Lymphocytopenia, Mastocytoma, Miliary Dermatitis, Mycetomas, Otitis Externa, Phaeohyphomycosis, Protothecosis, Pseudorabies, Rabies, Rhinosporidiosis, Rickettsia Felis, Rodent Ulcers (including: Eosinophilic Ulcers, Indolent Ulcers), Salmonella, Sporotrichosis, Staphylococcus Aureus, Tetanus, Thelaziasis, Toxoplasmosis, Trichomonas/Tritrichomonas, Tyzzer's disease, Yersinia Enterocolitica and Enterotoxigenic.
c.
Purebred Animals in general may be pre-disposed to specific chronic conditions, illnesses, and abnormalities; such as:
i.
Ectopia Lentis (a displacement or malposition of the eye's lens), Feline cognitive dysfunction (FCD), Feline Entropion (eyelid rolls inward), Feline Odontoclastic Resorption Lesion (FORL), Flat-Chested Kitten Syndrome, Gingivostomatitis (inflammation of the gums), Hyperthyroidism (excessive production of thyroid hormones), Inflammatory Bowel Disease (IBD, or IBS), Intussusception (twisted intestine, or intestinal torsion), Luxating Patella (trick knee), Polyneuropathy, Psychogenic Alopecia (over-grooming), Urinary Tract Infections; are not considered material congenital defects as outlined in Section 2.6.
d.
The development and treatment of any naturally occurring medical condition, include, but not limited to those listed in Section 2.8(b)(i), or any pre-disposed chronic condition, include, but not limited to those listed in Section 2.8(c)(i), over the course of the Animal’s lifespan are the financial responsibility of the Buyer.
e.
No refund, reimbursement, or other monetary consideration will be provided to the Buyer for illness or mortality resulting from any naturally occurring condition or pre-disposed chronic condition diagnosed after the ninety-six (96) hour sickness guarantee period as outlined in Section 2.5.
2.9
Buyer acknowledges provision
Buyer acknowledges that the Animal is not born with a fully developed immune system. Their developing immune system is susceptible to various stressors, weakening its ability to combat potential health threats.
a.
Once your kitten is weaned, its immune system is vulnerable. It is challenged by the stress of adoption, separation from litter mates and exposure to a new environment. The Cattery recommends the continued use of a the high quality daily diet, nutritional supplements (including; NuVet Plus Feline immune system supplement, Purina Pro Plan Multi Care, and VetriScience Nu cat soft chews multivitamin), and probiotics (including; Proviable, Purina Pro Plan FortiFlora, and Visbiome) to help build a solid foundation for healthy immune system.
i.
Failure by Buyer to provide a healthy diet and immune support as outlined in Section 2.9 (a) can directly lead to malnutrition in cats, characterized by insufficient nutrition, can lead to various health problems, including weight loss, a dull coat, and increased susceptibility to infections.
ii.
Breeder is not responsible for, and shall not compensate Buyer for, any diseases or viruses directly resulting from or a consequence of malnutrition.
2.10
Buyer acknowledges provision
Buyer acknowledges that CHSD (Congenital Hereditary Sensorineural Deafness) occurs commonly in domestic cats with a white coat. The gene responsible is an autosomal gene termed W (for White) and is classified in two types DW (Dominant White) and Ws (White Spotting). This gene appears to be pleiotropic (it has more than one effect), being responsible for the white coat color, blue or odd eyes, and deafness.
a.
For purposes of this Contract "CONGENITAL HEREDITARY SENSORINEURAL DEAFNESS" shall be defined to mean; hearing loss that is present at birth and often prior to birth, or that develops during the first month of life regardless of etiology.
b.
According to UC Davis Veterinary Genetics Laboratory: One or two copies of the DW allele will result in a white cat, varying degrees of hearing impairment are observed. In an extended pedigree, nearly 75% of cats with two copies were deaf and the remainder had at least partial hearing impairment. In cats with a single DW copy and a normal copy for the other allele nearly 60% had normal hearing, 21% were deaf and 17% had hearing impairment. In cats with one copy of DW and one copy of white spotting (Ws), 1/3 had normal hearing, 1/3 had impairment and 1/3 were deaf.
c.
Breeder will be able to identify if the Animal has full hearing, partially hearing, or is deaf between 10 and 12 weeks of age, and will inform Buyer in writing of their findings.
i.
Breeder may elect to use a BEAR (brainstem auditory evoked response) Hearing Test to assist in the diagnoses of the severity of deafness in one or both ears.
ii.
If the Animal is determined to have complete bilateral deafness as a direct result from CHSD the Buyer at their discretion, can elect to proceed with the adoption or withdraw from this contract and select a kitten from a future litter.
iii.
If Buyer elects to withdraw from the adoption as outlined in Section 2.10(c)(ii) a credit in the amount of the original adoption price will be issued for use toward selection of an alternate future kitten. If the selected kitten’s adoption price is higher than the value of the credit issued, Buyer is responsible for the difference in price.
iv.
Buyer will receive a reimbursement of any unused credits after the execution of the new adoption contract if a low value replacement was selected.
v.
No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal of the original gender listed in Section 1.1(k) within six (6) months of a confirmed complete bilateral deafness.
d.
The great majority of feline ear disorders that may cause deafness, however, are acquired. These disorders include: tumors, polyps, and cancerous growths in the ear canal; hypothyroidism; certain antibiotic and diuretic medications; and a wide variety of household chemicals that may be either ingested or seep into the depths of the ear through a perforated ear drum. The development and treatment of any naturally occurring or injury related hearing loss over the course of the Animal’s lifespan are the financial responsibility of the Buyer.
i.
The development and treatment of any naturally occurring or injury related hearing loss condition, include, but not limited to those listed in Section 2.10(d), over the course of the Animal’s lifespan are the financial responsibility of the Buyer.
2.11
Buyer acknowledges provision
Buyer acknowledges that once the Animal has left the care of the Cattery for shipping too, or collection by Buyer, any and all medical/veterinary/treatment decisions with respect to illness or injury are borne by the Buyer and the attending Veterinarian of Buyer’s choosing.
a.
Breeder is not responsible for illness or injury to the Animal resulting from any misdiagnosis, malpractice, negligence, prescribing the wrong course of treatment, drug interaction or overdose.
SECTION 3: (Buyer's Responsibilities)
3.1
Buyer acknowledges provision
If Animal is sold as a household pet, it must be altered (spayed, or neutered) before reaching ten (10) months of age. Animal's date of birth is listed in Section 1.1(d) of this Contract. Registration papers will be provided only after Breeder has received proof of alteration of this individual Animal by SpaySecure.
a.
If Animal is altered before leaving the care of Noble Manes Cattery & Rescue, registration papers will be provided in your document packet, or as soon as available from the associated club.
b.
If unaltered at time of sale, Buyer is responsible for altering Animal. Kittens must be altered before ten (10) months of age, a Junior, Adult or Senior Cat within thirty (30) days of contract effective date as listed in Section 1.5(a). Registration papers will be provided only after Breeder has received proof of alteration of this individual Animal as outlined in Section 3.1(b)(i).
i.
The Cattery contracts with SpaySecure for the confirmation of alteration. Buyer will be required to sign the Spay and Neuter Agreement from SpaySecure and to follow all provisions therein. Acceptable proof of alteration under this provision and in compliance with the Terms of SpaySecure are: Completed Sterilization Form, the Spay/Neuter Certificate, and a copy of the invoice from a licensed veterinarian certifying the type of procedure, date of procedure, name of Animal, and the microchip number of the Animal.
ii.
These documents must be uploaded to the SpaySecure Web-Portal by either the Sterilization Deadline, outlined in Section 3.1(b) or within ten 10 days after the date of Sterilization operation, whichever is earlier.
iii.
Extension of Sterilization Deadline may only be sought due to a Licensed Veterinarian's reasonable, good faith, and professional judgement that spay or neuter would jeopardize the life or basic health of the Animal.
iv.
Failure to fully execute SpaySecure's Agreement within ten (10) days of signing this Contract for any reason and this Contract is voided and full ownership of the Animal shall revert back to the Cattery.
v.
No refund, reimbursement, or other monetary consideration will be provided to the Buyer for failure to execute the SpaySecure's Agreement.
3.2
Buyer acknowledges provision
Failure on Buyer's part to alter a Kitten sold as a pet before ten (10) months of age; a Junior, Adult, or Senior Cat sold as a pet within thirty (30) days of contract effective date as listed in Section 1.5(a) without written and signed approval of Breeder shall constitute breach of Contract as well as violations within the Terms and Conditions of the SpaySecure Contract.
a.
In the event of Contract breach due to failure to alter the Animal, providing no mating has accrued, Buyer shall be subject to all penalties outlined in the Agreement signed with SpaySecure, in addition to, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.
b.
In addition to the remedies outlined in Section 3.2(a), if the unaltered Animal produces a litter, ownership of the 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.
i.
Buyer shall be responsible for the cost of return shipping for the 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
Buyer acknowledges provision
Breeder requires and all warranties hereunder are subject too, and it is Buyer’s responsibility to follow proper quarantine procedures when bringing a new Animal into the home.
a.
If the Animal is not quarantined from all other animals, regardless of species, for a period of at least ninety-six (96) hours after Animal arrives to into its new home, the health sickness guarantee refund as outlined in Section 2.5(d) is void.
i.
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.
b.
Breeder reserves the right to monitor social media platforms for indications of failure to follow proper quarantine requirements.
c.
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
Buyer acknowledges provision
Breeder requires, and all warranties hereunder are subject too, and it is Buyer’s responsibility to have the Animal thoroughly examined by a licensed veterinarian within ninety-six (96) 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 void.
b.
This first exam cannot be completed by a veterinarian associated with the Cattery, as we require this exam to be conducted by a neutral third party. Therefor you may not utilize any clinic/hospital listed in Section 2.2(a)(i) or 2.2(b)(i) for this exam.
c.
Findings must be documented by a certified veterinarian using the Cattery "1St Exam Report Form" included in your document packet.
i.
A copy (photo sent by text or email) of this form along with any documents required (as listed on the form) must be submitted within forty-eight (48) hours, and the original with wet signatures must be returned to the Cattery by mail within seven (7) days of the appointment in accordance with Section 8.
3.5
Buyer acknowledges provision
Pets are part of many children's lives. Parental involvement, open discussion, and planning are necessary to help make pet ownership a positive experience for everyone. A child who learns to care for an animal, and treat it kindly and patiently, may get invaluable training in learning to treat people the same way. Careless treatment of animals is unhealthy and dangerous for both the pet and the child involved.
a.
Although most children are gentle and appropriate with pets, some may be overly rough or even abusive. Each child in the household must be introduced to the Animal slowly under parent/guardian supervision, allowing the Animal time to get familiar with each child. Parent/guardian should use the "Understanding Cat Behavior" guide included in your document packet, to help children understand how the Animal is feeling.
b.
No child under the age of 12 shall be left alone or unsupervised with the Animal for a minimum of thirty (30) days, and until such time as the parent/guardian has ensured that the child understands how to act appropriately and responsibly with the Animal.
b.
If at any time the Animal is found to be abused, tortured, maliciously harassed, or made to feel unsafe in any manner by a child, Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent.
i.
In accordance with the AACAP (American Academy of Child and Adolescent Psychiatry) and the ASPCA (American Society for the Prevention of Cruelty to Animals) the parent/guardian should seek an immediate referral to a child and adolescent psychiatrist for a comprehensive evaluation.
ii.
No refund, reimbursement, or other monetary consideration will be provided to the Buyer for failure to protect the Animal from abuse as outlined in Section 3.5(b).
iii.
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.
3.6
Buyer acknowledges provision
If at any time during the lifetime of the Animal a veterinarian determines that the Animal has a life threatening illness Buyer should contact Breeder immediately. Furthermore, Buyer must contact Breeder before this Animal is destroyed for any reason other than for age or relief from chronic pain or suffering.
a.
In the event of an unforeseen death of the Animal, Breeder may exercise the right to have the Animal examined by postmortem (necropsy) by a veterinarian of Breeder’s choosing.
i.
The cost of this postmortem is borne by the Breeder, unless the findings of the necropsy conclusively list the cause of death as/or the death is a direct result of malnourishment, abuse, or neglect as outlined in Section 4.10.
i.
If confirmation of any mistreatment under section 4.10(b) is determined, these finding will be turned over to the Animal Care and Control Department who has jurisdiction for the address of record for the Animal, and Breeder will issue a reimbursement demand for the costs of the postmortem to the Buyer.
3.7
Buyer acknowledges provision
Buyer is responsible for having the Animal seen yearly by a certified veterinarian (wellness exam), as well as to immediately seek veterinarian care if the Animal is showing any signs of illness or injury.
a.
Failure to provide immediate veterinary care for an Animal that is sick or injured constitute abuse and neglect under the terms of Section 4.10, and Buyer shall, upon demand, if any, unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent as outlined in Section 4.10.
i.
The treatment plan will be based on the recommendations of the attending veterinarian, and may include emergency services if deemed necessary to save the life of the Animal.
ii.
Buyer shall be responsible for the cost of return shipping for the Animal, any/all cost associated with treating the Animal, and any travel or boarding fees as outlined in Sections 6.5., court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.
3.8
Buyer acknowledges provision
The Animal has been implanted with a radio-frequency identification (RFID) microchip that provides a permanent ID for your pet and will be used to identify the Animal on official documents of record such as the Transfer of Ownership Certificate and the Medical Document Release Authorization.
a.
Breeder uses TempScan 134.2 kHz microchips supplied by HomeAgain Pet Recovery. The microchip number sticker will be affixed inside the Animal’s My Pet Passport booklet and a wallet card will be included in the Animal’s Go Home Document Packet.
b.
Enrollment of the Animal into the HomeAgain database system is completed by the Breeder within twenty-four (24) hours after the Animal has left the Cattery. Buyer is responsible for completing HomeAgain registration form during the Go-Home Appointment. The 1st year enrollment/registration fee was paid at the time of Adoption.
c.
Breeder requires, and all warranties under Section 2 are subject too, and it is Buyer’s responsibility to maintain an activate subscription with HomeAgain Pet Recovery for the life of the Animal.
d.
To update the enrollment, visit www.homeagain.com, or call (888) HOMEAGAIN.
SECTION 4: (Lifelong Wellbeing)
4.1
Buyer acknowledges provision
Buyer is responsible for maintaining current vaccinations for this Animal.
a.
Breeder vaccinates Kittens and Cats against Feline Viral Rhinotracheitis, Feline Calicivirus, and Feline Panleukopenia utilizing the FVRCP Combo, and Bordetella by intranasal.
b.
Our Cattery Veterinarian recommends four (4) kitten core (FVRCP) inoculations, spaced at three (3) week intervals. All doses and a complete parasite/deworming protocol is administered in Cattery.
c.
Our Cattery Veterinarian recommends the Bordetella inoculations, spaced at six (6) month intervals. The first inoculation is administered in Cattery.
d.
Our Cattery Veterinarian recommends maintaining (i.e. boosting) these vaccines for life.
4.2
Buyer acknowledges provision
***
a.
***
b.
***
4.3
Buyer acknowledges provision
***
a.
***
b.
***
4.4
Buyer acknowledges provision
***
a.
***
b.
***
4.5
Buyer acknowledges provision
***
a.
***
b.
***
4.6
Buyer acknowledges provision
***
a.
***
b.
***
4.7
Buyer acknowledges provision
***
a.
***
b.
***
4.8
Buyer acknowledges provision
***
a.
***
b.
***
4.9
Buyer acknowledges provision
***
a.
***
b.
***
4.10
Buyer acknowledges provision
***
a.
***
b.
***
4.11
Buyer acknowledges provision
***
a.
***
b.
***
4.12
Buyer acknowledges provision
***
a.
***
b.
***
4.13
Buyer acknowledges provision
***
a.
***
b.
***
4.14/strong>
Buyer acknowledges provision
***
a.
***
b.
***
4.15
Buyer acknowledges provision
***
a.
***
b.
***
4.16
Buyer acknowledges provision
***
a.
***
b.
***
SECTION 5: (Shipping, Delivery, Returns and Refunds)
5.1
Buyer acknowledges provision
***
a.
***
b.
***
SECTION 6: (Records, Documents and Addendums)
6.1
Buyer acknowledges provision
***
a.
***
b.
***
SECTION 7: (Contact Information)
7.1
Buyer acknowledges provision
***
a.
***
b.
***
SECTION 8: (Miscellaneous)
8.1
Buyer acknowledges provision
***
a.
***
b.
***
