DIAMONDCREST MAINE COONS

Purchase Contract and Health Warranty 

 

This contract is between: Diamondcrest Farms (Hereafter “Seller” and 

Breed: Maine Coon 

Reservations:

• No kitten is reserved until reservation fee has been received.
• The Seller reserves the right to keep any kitten(s), at any time, to add to our breeding program.
• The Seller may terminate the sale/contract at any time, for any reason, by returning the reservation fee to the Buyer.
• This fee is non-refundable and is payment for services already rendered (correspondence, social media, videography, etc).
• The reservation fee DOES goes towards the total purchase price.
• The Buyer may choose to roll the reservation ONCE with no penalty, before the kittens reach 5 weeks of age.
• If the reservation is rolled a second time, pricing is no longer guaranteed and the Buyer will be moved to "inactive" status until they advise the Seller they are ready to commit to a kitten from a specific litter. If a kitten is not then chosen from that specific litter, the reservation fee will be forfeited. (The purpose of this is to prevent "1st pick hogging" where one person sits in the first spot indefinitely, which is unfair to the other families.)
• If the Reservation is not applied to a kitten within 12 months of receipt, the fee is forfeited.
• If the Buyer has selected a kitten and then backs out for any reason, reservation fee will not refunded, or rolled to the next litter. Doing this allows the Seller much less time to find an appropriate home and may have passed up several sales due to the Buyer’s failed commitment.
• Once a kitten has been selected, there is no switching to another kitten. 
• If the Buyer does not have kitten paid in full by 8 weeks of age, and no payment arrangement has been approved, the kitten will once again be for sale and reservation fee and any other payments received will not be refunded.
• By placing a reservation with the Seller, the Buyer is acknowledging agreement to these terms.

WITHOUT breeding rights:

1. In the event the kitten being purchased is one WITHOUT breeding rights, the Buyer agrees to confine the animal in such a way to prevent breeding by, or to, until sterilization is completed.
2. The Buyer agrees to sterilize (spay/neuter) by 12 months of age.
3. Should any kittens be produced by this cat, on accident or on purpose, the Buyer agrees to pay damages in the amount of $3000 per kitten produced and ownership of the cat and any kittens will be transferred to the Seller immediately.
4. It is understood that at the time of sale that the kitten is a representation of its breed and it is structurally and temperamentally suited as a companion kitten. It is being sold as a pet without breeding rights.

 

WITH breeding rights:

1. In the event the cat being purchased is one WITH breeding rights, Buyer agrees to breed responsibly, to take back any kittens produced by this cat for their lifetime, sell pet kittens on non-breeding contract, educating any new potential owners about the breed.

Seller's Responsibility:

1. The seller guarantees that the kitten is in good health (minus potential intestinal parasites) and has received the following:

• Age-appropriate immunizations
• Subcutaneous microchip
• Deworming
• Health certificate (available at the time the Buyer takes possession)

2. The Seller provides warranty against debilitating, life threatening congenital defects, that are testable, for a period of two (2) years after the date of sale.

1. Debilitating congenital defects are defined as those present since birth that are life-threatening or severely life altering
2. Any suspected debilitating congenital defect must be confirmed by a licensed veterinarian (including necropsy if the cat dies).
   1. Buyer must supply any requested veterinary records related to the cat’s condition to the seller within 24 hours of diagnosis.
   2. Seller has the right to require a second opinion from a veterinarian and/or veterinary specialist of the Seller’s choice at the Seller’s expense. Should first 2 vets have differing opinions, a 3rd vet (agreed on by both parties) will serve to make a final decision and cost will be shared by both the Buyer and Seller.
   3. If necropsy is performed and results are undetermined or inconclusive diagnosis, health warranty is void.

C. If a congenital defect is identified within the warranty period, the Buyer has the option to obtain a replacement kitten from the Seller of equal or lesser value from the next available litter.

1. Return of the original kitten purchased will be at the Seller’s discretion.
2. Seller determines which kitten (of equal or lesser value) will be used as a replacement and the wait may be as long as 12 months.
3. Color or gender is not guaranteed
4. Shipping fees will not be refunded, and any costs associated with the shipping replacement kitten are to be covered by Buyer.

D. If the kitten is euthanized or in any way disposed of, without a second opinion from the seller’s veterinarian, the buyer waives all rights to a replacement kitten.

E. This warranty does not include viral or fungal illnesses, infections, improper bites, stress-related illness, hernias, hypoglycemia, retained testicle(s), cancer or endocrine disorders. It also does not include any illness due to the ingestion of foreign objects, food, chemicals or physical injury.

F. No warranties or guarantees, expressed or implied, are made under this contract except as stated.

G. This warranty is non-transferable.

3. It is to be clearly understood, that the Seller does NOT, under any circumstances, accept responsibility for any veterinarian and/or health care expense.

Buyer's Responsibility:

1. The Buyer bears all costs relating to the sale of the above animal, including transportation. The risk of loss or injury to the above animal is on the Buyer at all times after the kitten/cat leaves the Seller.
2. The Buyer agrees to have the kitten examined by a licensed veterinarian within three (3) business days of taking possession.
   1. If the kitten is found to be in seriously poor health, the Buyer has the option of returning the kitten to the Seller, at the Buyer’s cost, for a full refund.
   2. The Buyer will provide a written statement from a licensed veterinarian clearly stating the defect or illness.
   3. If the kitten is not taken to a licensed veterinarian within three business days of taking possession, the health warranty is void.
   4. Please ensure that the kitten is kept in a kennel or held in the waiting room of a veterinary office, and that the exam room is properly disinfected before the appointment.
3. The Buyer is responsible for all medical expenses associated with the treatment of intestinal parasites if the kitten is diagnosed. *If you are not willing to treat parasites (sometimes more than one treatment is needed), then please do not get a kitten.
   1. It is common for kitten parasites to flourish after joining their new family (stress and change accommodate this).
   2. Most parasites can be contagious, and it is possible that other cats in the house can get them.
4. The Buyer agrees to contact the Seller immediately if the Buyer determines they are unable to keep their kitten for any reason. The Buyer agrees to return the kitten to the Seller with no refund and at the Buyer’s expense.
5. The Buyer agrees to never place their kitten with a rescue group, in a shelter, pound, or similar facility or research laboratory.
6. The Buyer allows the Seller to use any pictures of the kitten/cat that the Buyer posts on social media for the purposes of reposting and sharing on Facebook, Instagram, their website, Twitter, YouTube, etc. or in any manner they choose.
7. The Buyer agrees, under no circumstances should this kitten/cat ever be declawed or be allowed to live outdoors.

Breach of Contract:

In the event the purchaser is found to have violated any of the terms and conditions of this contract, the cat is to be surrendered unconditionally to the seller. Seller may reclaim physical and legal ownership of cat with or without due process of law for any breach of contract with no refund of purchase price.

In the event the purchaser is found to have violated any of the terms of this contract, purchaser shall be liable to the seller for damages in the amount of $5000 per breach, plus expenses for veterinarian care upon return of cat/kitten to seller and all reasonable attorney, legal and related miscellaneous fees that result in litigating this contract. Any legal action, which may arise under the terms of this contract, will be brought in the state/county/city of seller’s residence.

By signing this contract, both Buyer and Seller agree to all of the previous terms of the contract and warranty.