This page contains the provisions in our pet contract, with some notes about the purpose or meaning of certain clauses. As you will see, we modify the contract based on whether or not the kitten is neutered/spayed before it leaves our cattery or afterwards. (You can view information about early spay/neuter here.)
Notes and comments are in red. This contract may seem long, but most of that is the guarantees by us (the Breeder) to you about health.
BASIC PROVISIONS OF PET CONTRACT
Terms of Sale
This cat is being sold as a pet and companion animal (not as a breeding animal or as a show cat).
The Buyer will assume all costs of shipping said cat, to include health certificate and air charges if applicable. [Not applicable if the cat is not being shipped, of course!]
The legal jurisdiction for this contract is and shall remain in Anderson County in the State of Tennessee regardless of the last signature and/or the subsequent state in which it
may have been signed. This contract is legally binding to all parties involved. It applies only to the Breeder and Buyer in this transaction and is non-transferable to other parties. Any balance carried over 30 days is subject to 1.5% service fee 18% APR. The Buyer agrees to the terms and conditions, and to pay as stated. In the event of default, the Buyer will be legally liable for any reasonable attorney and/or collection fee and all related costs necessary to remit the entire balance to the Breeder.
Guarantees By Buyer
The Buyer warrants that he is not acting as an agent or intermediary for a third party in purchasing this cat. [For instance, you are not really the front man for a wholesale pet shop!!]
The Buyer assumes responsibility for the welfare of this cat. The Buyer will at all times provide this cat with appropriate care, including but not limited to nourishment, housing, veterinary care, and social attention.
The cat will not be allowed outside without adequate supervision and protection.
The cat will not be declawed.
You can view information on declawing here.
If at any time the cat is found to be abused, neglected, mistreated, declawed, or allowed outside without adequate supervision and protection, the Buyer will surrender said cat to the Breeder unconditionally, with no refund of purchase price or replacement to be made. If this cat is ever found to have been abandoned, it becomes the sole property of the Breeder, with no refund of purchase price or replacement to be made.
If the Buyer ever transfers ownership or possession of the cat to another party, the Buyer must notify the Breeder prior to the transfer and provide the Breeder with the name, address, and phone number of the new owner or caregiver. [Why? In case, for instance, we learn something about a previously unknown health problem from relatives of this cat that we need to alert the owner about, etc.]
This sentence will be edited out if the cat has been spayed/neutered before it leaves our home: The Buyer shall not transfer ownership or possession of this cat to another party if the cat has not been spayed/neutered.
If at some point for any reason the Buyer cannot keep or appropriately care for the cat and needs or would like assistance in finding a new home for it, the Buyer will contact the Breeder for assistance in rehomeing the cat. [We hope and expect you will have this cat for its entire life, but if you do need to find it a new home and can't or aren't able to, we want to help.]
The cat will not under any circumstances be sold to, leased to, given to, or co-owned with any pet shop, wholesaler, humane shelter, research facility, or similar facility, or any agent thereof, nor will it be raffled or auctioned.
The Buyer agrees to have the cat examined by a licensed veterinarian within five business days after receiving the cat. If this clause is violated, the Health Guarantee becomes null and void.
The Buyer agrees to keep this cat quarantined from (away from all contact with) all other cats for a period of 21 days after receiving the cat. If this clause is violated, the Health Guarantee becomes null and void.
[The purpose of the 21-day period is to make sure that it was healthy when you got it. If, in the meanwhile, it's been exposed to other cats, you won't be able to know if it was sick when you got it from us or if it caught something from one of the cats it met after it left here.]
This clause will be edited out if the cat has been spayed/neutered before it leaves our home:
This cat will never be used for stud or breeding. The Buyer will have the cat sexually altered (neutered/spayed) by a licensed veterinarian before it is 7 months old at the Buyer's expense. (The Breeder recommends altering the cat earlier, at about age 6 months). The Breeder may retain the cat's TICA registration papers until such time as the Breeder receives adequate proof of the animal's alteration. "Adequate proof" is defined as paperwork (such as a certificate of spaying/neutering or a bill for that service) from the veterinarian who performed the surgery. If this cat is bred in violation of this clause, the Buyer will deliver this cat, all offspring of this cat, this cat's registration papers, in addition to $1,000 per each offspring, to the Breeder as the Breeder's sole property and with no refund of the purchase price or replacement to be made.
Guarantees By Breeder
The Breeder guarantees that the cat is a purebred Bengal cat, with an accurate pedigree, and is registered in The International Cat Association, Inc. (TICA).
The Breeder will provide the Buyer with an accurate pedigree for the cat.
This cat has been examined at least twice by a licensed veterinarian. The Breeder will provide the Buyer with an up-to-date health and immunization record for this cat at the time of delivery of the cat.
This clause will be edited out if the cat has been spayed/neutered before it leaves our home:
When adequate proof of sexual alteration has been received, the Breeder will provide the cat's TICA registration papers to the Buyer. "Adequate proof" is defined as paperwork (such as a certificate of spaying/neutering) from the veterinarian who performed the surgery.
If at some point for any reason the Buyer cannot keep or appropriately care for the cat and needs or would like assistance in finding a new home for it, the Breeder will take responsibility for rehomeing the cat.
This cat is being sold with showing rights but not as a show cat. The granting of showing rights does not imply potential show-related guarantees of any kind. The Breeder does not guarantee that the cat is a show cat nor that it will do well at a show. [Most breeders do not sell pet cats with showing rights, but showing is fun if you ever want to try it, and we have yet to produce a cat that we would be ashamed for people to see. So we give show rights to pet owners at no extra charge but with no quarantees either.]
Temperament Guarantee(We have never had a cat returned because of temperament. We have added this guarantee to raise the comfort level of anyone who has heard the unfounded horror stories about bengals that some people persist in spreading. If you would like to read some letters about the bengals we have placed with families with children and other pets, please see this page.) If the cat's temperament proves unsatisfactory within 30 days after the Buyer receives the cat, the Buyer may choose to return the cat. If the Buyer chooses to return the cat, the Breeder will either refund the purchase price or replace the cat. The choice of refund or replacement is solely the Breeder's. It is mandatory that the cat, and its registration papers if those have been given to the Buyer, be returned before any replacement or refund is made. If the Breeder chooses to replace the cat, she will replace the cat with one of equal value as soon as a cat of equivalent color, pattern, and gender becomes available. Any refund or replacement is limited to the cat only and does not include veterinarian fees, tests, treatment, carrier, or shipping. The Breeder is not liable for the effects of errors and/or mishandling on the part of the Buyer.
The Breeder guarantees that at the time of leaving the cattery the cat is of a stable and tame, sociable temperament.
The Breeder warrants that this cat is genetically sound and free from any genetic defects or congenital conditions that affect its health. This guarantee is in effect until the cat becomes one year of age (as any serious genetic or congenital health conditions, if present, should become apparent by this time). If this cat should die of a genetic or congenital defect before it is one year of age, the Breeder will replace this cat. A replacement will be made ONLY if a pathological autopsy performed by a licensed veterinarian confirms the cause of death. The replacement animal will be of equal value, and the replacement will be made as soon as a cat of equivalent color, pattern, and gender becomes available. The replacement is limited to the cat only and does not include veterinarian fees, tests, treatment, carrier, or shipping. The Breeder has the right to require that the cat (or its body if the cat has died) be returned to her before a replacement is made. The Buyer must return the cat's registration papers to the Breeder prior to a replacement being made.
[Very important for the Genetic and Health Guarantees: if the cat dies, don't just bury it. Get an autopsy AND give us the opportunity to take the body. It is important for us to know what the cat died of so we can make decisions regarding its relatives. Also, if you just bury the cat, you forfeit the replacement and/or refund, whichever is applicable.]
(The purpose of the Health Guarantee is to protect the Buyer in the unlikely event that the cat was coming down with something at the time of leaving the cattery but was not yet showing any signs of ill health.)
The Breeder warrants that at the time of leaving the cattery this cat is in excellent health. To the best of the Breeder's knowledge, it is free of fungus, internal and external parasites, and infectious diseases. The cat is the offspring of parents who have been tested for and found to be negative for FeLV and FIV. The cat has been examined for and shows no signs of cataracts and patellar luxation. It has received vaccinations and other health treatments (such as deworming) as set out in the health and immunization records provided to the Buyer.
The cat is guaranteed to be in good health upon delivery and for 21 days after delivery. If the cat is found to be medically deficient during the guarantee period and the Buyer so chooses, the Buyer may return the cat. If the Buyer returns the cat, the Breeder will either refund the purchase price or replace the cat. The choice of refund or replacement is solely the Breeder's. If the Buyer chooses to keep the cat, the Buyer is solely responsible for all veterinary costs relating to the treatment of the cat. (The Breeder may, but is not required to, assist with said costs.)
Any medical deficiencies MUST be reported to the Breeder within 24 hours of their discovery or this Health Guarantee is rendered null and void. [If your kitten is sick, we want to know right away! Not only because of concern about your kitten but because other kittens here might be coming down with it too. But see the note under #7 below---if the kitten is very sick, get it to a vet first and then notify us. Always put the kitten first.] A detailed statement by a licensed veterinarian who has examined the cat must precede the return of the cat for health reasons and shall state what the ailment is, treatment and cost, and where the veterinarian feels the problem originated.
If the cat is found to have a life-threatening problem or an untreatable disease, the Buyer must provide the Breeder with a medical report to that effect certified by a licensed veterinarian and describing the exact nature of the health defect. Under no circumstances is the cat to be euthanized without prior permission from Breeder. If the cat is certified as having a life threatening problem or an untreatable disease, the Breeder will replace the cat. If the cat dies during treatment or suddenly, replacement will be made ONLY if a pathological autopsy performed by a licensed veterinarian confirms the cause of death.
If the Breeder replaces the cat, the replacement animal will be of equal value, and the replacement will be made as soon as a cat of equivalent color, pattern, and gender becomes available. Any replacement or refund is limited to the cat only and does not include veterinarian fees, tests, treatment, carrier, or shipping.
It is the responsibility of the Buyer at the Buyer's expense to provide immediate veterinary care to this cat if it shows signs of illness or distress, and failure to do so will render any guarantee null and void.
[If it gets major sick, get it vet care FIRST and then let us know.]
The cat (or its body if the cat has died) must be returned to the Breeder before a replacement or refund is made. The Buyer must return the cat's registration papers to the Breeder before a replacement or refund is made.
The Breeder is not liable for the effects of errors and/or mishandling on the part of the Buyer once the Buyer receives the cat.
If the Buyer cannot present proof that the cat was examined by a licensed veterinarian within 21 business days after the Buyer received the cat, this Health Guarantee becomes null and void.
[You'll get a stamped, addressed postcard that your vet can fill out during his/her examination of the cat. Just drop it in the mail to us and that will take care of this requirement.]
If this cat is not quarantined from all other cats for a period of 21 days after the Buyer received the cat, this Health Guarantee becomes null and void.
The Health Guarantee period is 21 days after delivery of the cat to the Buyer (as any serious health conditions, if present, that originated in the cattery should become apparent by that time).
(Please note that during times of stress, such as moving to a new home, being shipped by plane, or meeting new people and animals, cats can exhibit a variety of symptoms, such as sneezing, watery eyes, runny nose, lack of appetite, constipation, or diarrhea. This is completely normal and usually of short duration. To alleviate some of the stress, initially please limit the time the kitten is exposed to strangers, children, and other animals.)
DON'T be too worried by all the health stuff, including the part about the kitten dying. This has NEVER happened with one of our cats. It is just there to protect everyone "just in case."