Contract sample

CAT/KITTEN SALES

AGREEMENT

AND

HEALTH GUARANTEE

THIS AGREEMENT

between:

_________________

(Buyer) and DTNC, Inc DBA ScottishFoldUSA (Seller) NYS Tax ID: 26-0751812 is effective as of the date of the last signature to appear below

and is binding upon all parties thereto. Buyer(s) agree to buy and Seller agrees to sell the

below described cat/kitten pursuant to all of the following terms:

DESCRIPTION OF ANIMAL: Tamiko

BREED: scottish

DOB: 10.01.20

PRICE: $2200

GENDER: female

HOLDING FEES: $200 ( Will be deducted from total price)

A holding fee is placed to hold a particular cat/kitten for a buyer. ALL HOLDING

FEES ARE NON-REFUNDABLE! Our cattery's goal is to place our cats/kittens in

loving homes in a timely manner so they may bond with their new family. If a

cat/kitten is held specifically for a buyer, a change of mind can quite often jeopardize

the chance for that particular cat/kitten to be placed in a home while still at a

desirable age.


CAT/KITTEN WILL BE PICKED UP AFTER IT IS PAID IN FULL FOR THE

FOLLOWING TERMS: A signed Contract, along with a non-refundable/nontransferable

holding fee must be received within 4 hours of Buyers verbal

acceptance of cat/kitten. Contract must precede or accompany the holding fee. A

holding fee of two hundred dollars

($200) is to be paid by the Buyer in the form of a cashier‚Äôs check, paypal (email address for payment: [email protected]) or wire transfer.

Final payment of plus all costs for shipping (approx. $300/rates may vary)

shall be sent by cashier’s check, paypal , credit card or wire transfer no less than two (2) days before arranged scheduled

pickup/shipping date. When the sale of the

cat/kitten is consummated, the holding fee shall be applied towards the purchase

price.


If payment in full is not received at this time, the sale will be considered null and

void and all monies will be non-refundable.


Each cat/kitten will differ in the time needed to bond with its new family. Please give

the cat/kitten ample time to adjust, especially if the cat/kitten has been shipped. A

period of two to four weeks should be the very least amount of time allowed the

cat/kitten for an adjustment period and longer if this is an adult cat and/or there are

children in the house. Please give your new friend and family member a chance to

bond with you and its new surroundings. Your new cat/kitten needs to feel safe and

secure for its unique individual personality to surface.


THE BUYER becomes the owner of said cat/kitten upon Seller receiving ‚ÄėPayment in Full‚Äô.

The cat/kitten will be cared for by the Seller until the arranged shipping date or until Buyer

is able to take possession of cat/kitten. This period of care is not to exceed fourteen (14)

days from the arranged pick-up/shipping date. In the event this exceeds the time period

stated, Buyer agrees to pay board on said cat/kitten at a boarding charge of eight dollars

($8.00) per day. Boarding charges are to be paid in full prior to shipping or release of said

cat/kitten. If boarding period exceeds 30 (thirty) days, ownership of cat/kitten will revert to

Seller. Seller shall retain any and all monies paid.


SPAY/NEUTER AGREEMENT: -


CAT/KITTEN IS PURCHASED FOR PET. If cat/kitten has not been spayed/neutered by

shipping or pick-up date (whichever comes first), Buyer agrees to spay or neuter this

cat/kitten within within 120 days of purchase.

Birth certificate will be sent within (14) days of the Seller's receipt of written


CERTIFICATION OF ALTERATION from a licensed veterinarian. Documents fees is 80 dollars. If Buyer reports to Seller that

this cat/kitten has died before being altered, Buyer must provide Seller with written

verification of death signed by licensed veterinarian or be liable for the additional price. At 4 months of age, spaying & neutering are common procedures, though we highly recommend this procedure not be done at this time due to possible ill side effects

because of cat/kitten's age. Multiple procedures performed at one time will not be

covered by this guarantee. For example: spay/neuter, rabies, declawing.

HEALTH GUARANTEE:

If you have other cats, we

suggest you place the new arrival in quarantine during this time. This time period begins at

the point that the cat/kitten leaves the possession of the Seller, whether it is at the cattery or at

some point of shipping. The cat/kitten, if shipped, comes to you with a veterinarian’s health

certificate and a record of vaccinations and de-wormings. The NY State law provides that if, within (14) fourteen business days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty four of this article, whichever occurred last, a veterinarian of the consumer’s choosing, licensed by a state certifies such animal to be unfit for purchase due to illness or the presence of symptoms of a contagious or infectious disease, or if, within 180 calendar days following such sale or receipt, whichever occurred last, a licensed veterinarian certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the health of the animal, the SELLER shall afford the consumer the right to exchange the animal or provide other choices based on NYS Article 35D. IF SOMETHING IS WRONG WITH THE KITTEN - CONTACT US IMMEDIATELY. IF YOU PANIC AND GO TO THE EMERGENCY VET HOSPITAL YOU MAY ASSUME ALL COSTS UNLESS OTHERWISE REQUIRED BY LAW. Sometimes we can provide a simple at home remedy, which can save you a cost of hundreds in vet bills. Early detection is important in preventing and avoiding situation from being very bad. Please be very careful with emergency vet hospitals, due to the fact that some of them are revenue driven corporations.


Any expenses for health care in excess of two hundred ($200.00) dollars, requested of the Seller by the Buyer, within fourteen (14) business days following the sale of an animal, will be paid at the discretion of the Seller only upon prior approval from the Seller received by the Buyer via SMS or electronic mail. If the Buyer fails to comply with this aspect of the subject Agreement, the Buyer forfeits any rights the Buyer may otherwise have.

We recommend certified mail to insure delivery. If

Seller does not receive this report within 240 hours/10days of the shipping/pick-up

date, all guarantees, and/or warranties shall become null and void. LOST OR STOLEN

MAIL DOES NOT CONSTITUTE RECEIPT.

PLEASE NOTE!

The Health Guarantee will be denied for any of the following:

· If more than one veterinary procedure is performed at any one time. For example:

Spay/neuter, de-clawing, rabies, vaccinations with boosters.

· Customer understands that a new home, new family and environment, changes in food,

not taking kitten/cat straight home after purchase to adjust, are all factors that can cause

stress and affect a young kittens health. Initial here ____.


REFUNDS, REPLACEMENTS AND EXPENSES:

The NY State law provides that if, within fourteen business days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty four of this article, whichever occurred last, a veterinarian of the consumer’s choosing, licensed by a state certifies such animal to be unfit for purchase due to illness or the presence of symptoms of a contagious or infectious disease, or if, within 180 calendar days following such sale or receipt, whichever occurred last, a licensed veterinarian certifies such animal to be unfit for purchase due to a congenial malformation which adversely affects the health of the animal, the SELLER shall afford the consumer the right to exchange the animal or provide other choices based on NYS Article 35D


SHIPPING:

Costs are to be paid by the Buyer, when purchasing a kitten that must be shipped. Shipping

cost is approximately $300 (rates may vary) and must be "Prepaid". Shipping

cost includes an airline-approved carrier of suitable size, a Health Certificate (not to exceed 10

days prior to shipping), and air freight.

The cat/kitten must be at least three months of age for this blood test. Full payment of all costs

related to shipping must be paid to Seller prior to shipping. If Buyer is picking up said cat/kitten

directly from Seller payment may be made with cash or cashier’s check, paypal

Specific shipping arrangements will be determined in advance and confirmed to Buyer by

Seller, with the cats/kitten’s best welfare in mind. This signed agreement must be returned

prior to cat/kitten being shipped.


HOUSING, CARE AND TRANSFER TO THIRD PARTY:

Buyer agrees that this cat/kitten will be kept indoors and not allowed to roam freely outside.

Under no circumstances will this cat/kitten be sent to a shelter or otherwise disposed of, nor

shall this cat/kitten be sold, leased or given away to any pet shop, research laboratory or

similar facility. Buyer agrees that Seller has the right to retrieve said cat/kitten if Buyer does

not adhere to all provisions of this contract or if cat/kitten is being neglected or abused.


VENUE:

If Buyer or Seller commences any legal action as a result of this contract, Buyer agrees that the

place of venue for such action shall be Suffolk County, NY. 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.

FACSIMILE SIGNATURES:

A facsimile signature shall be enforceable as an original if the original contract is lost,

destroyed or otherwise unavailable.


TERMS:

The use of the terms "cat/kitten" represents the same as the plural cats/kittens, in the case of

more than one cat/kitten being purchased under this sales agreement.

*Signature and/or taking possession of cat/kitten constitutes acknowledgment and

acceptance of full terms of this contract!


I agree to all terms as stated herein

Buyer: Date:

Co-Buyer: Date:

Seller: Date:

Kirill Karimov

Owner

DTNC, Inc

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1

Revised 1/31/14 - Form I THE SALE OF DOGS AND CATS NOTICE

Article 35-D of the General Business Law, hereinafter referred to as ‚Äúthe Law‚ÄĚ, sets forth certain rights which arise when a consumer

purchases a dog or a cat from a pet dealer. Pursuant to the Law the Commissioner of Agriculture and Markets has promulgated

regulations which require a pet dealer to provide certain information to a consumer in writing upon the sale of an animal. Such

information shall include a description, including the breed of the animal, the date of purchase, the name, address and telephone number

of the consumer and the pet dealer and the amount of the purchase. The pet dealer shall certify such information by signing and dating

the document in which it is contained. Additionally, every pet dealer who sells an animal required to be vaccinated against rabies, to

a consumer shall provide the consumer at point of sale with a written notice summarizing rabies immunization requirements.

The Law further provides that if, within fourteen business days following the sale of an animal subject to this article or receipt of the

written notice required by section seven hundred fifty-four of this article, whichever occurred last, a veterinarian of the consumer's

choosing, licensed by a state certifies such animal to be unfit for purchase due to illness or the presence of symptoms of a contagious

or infectious disease, or if, within one hundred eighty calendar days following such sale or receipt, whichever occurred last, a

licensed veterinarian certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the

health of the animal, the pet dealer shall afford the consumer the right to choose one of the following options:

¨ The right to return the animal and receive a refund of the purchase price including sales tax and reasonable veterinary costs

directly related to the veterinarian’s certification that the animal is unfit for purchase; or

¨ The right to return the animal and to receive an exchange animal of the consumer’s choice of equivalent value and reasonable

veterinary costs directly related to the veterinarian’s certification that the animal is unfit for purchase; or

¨ The right to retain the animal and to receive reimbursement from a pet dealer for veterinary services from a licensed

veterinarian of the consumer’s choosing, for the purpose of curing or attempting to cure the animal. The reasonable value of

reimbursable services rendered to cure or attempting to cure the animal shall not exceed the purchase price of the animal. The

value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in

proximity to treating veterinarians. Such reimbursement shall not include the costs of initial veterinary examination, fees and

diagnostic fees not directly related to the veterinarian’s certification that the animal is unfit for purchase.

The law requires that any refund and/or reimbursement required shall be made by a pet dealer not later than ten business days following

receipt of a signed veterinary certificate as herein required. Such certification shall be presented to the pet dealer not later than three

business days following receipt thereof by the consumer.

The Commissioner of Agriculture and Markets has prescribed a form for the certification that an animal is unfit for purchase which

shall be provided to a consumer by an examining veterinarian upon the examination of a dog or cat subject to the Law. That form

includes information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended,

if any, and an estimate of the actual cost of such treatment. Such form also includes this notice.

The Law provides that a veterinary finding of intestinal parasites shall not be grounds for declaring the dog or cat unfit for sale unless

the animal is clinically ill due to such condition. An animal may not be found unfit for sale on account of an injury sustained or illness

contracted subsequent to the consumer taking possession thereof.

The Law provides that if a pet dealer wishes to contest a demand for a refund, exchange or reimbursement made by a consumer such

dealer shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such

dealer. Upon examination if the consumer and the dealer are unable to reach an agreement which constitutes one of the options set

forth in the Law within ten business days following receipt of the animal for such examination, the consumer may initiate an action in

a court of competent jurisdiction to recover or obtain such refund, exchange and/or reimbursement. Nothing in § 753 of the

General Business Law, however, in any way limits the rights or remedies which are otherwise available to consumers under any other

law.

For the purposes of the Law, ‚Äúconsumer‚ÄĚ means an individual purchasing a dog or a cat from a pet dealer. A pet dealer shall not be

considered a consumer. ‚ÄúPet dealer‚ÄĚ means any person, firm, partnership, corporation or other association which in the ordinary course

of business engages in the sale or offers for sale more than nine dogs or cats per year for profit to the public. Such definition includes

breeders of animals who sell or offer to sell animals directly to a consumer but does not include duly incorporated humane societies

dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is

charged.

19

INFORMATION STATEMENT FOR PURCHASER OF DOG OR CAT

PURSUANT TO GENERAL BUSINESS LAW SECTION 753-B (Form E)

(a) TYPE OF ANIMAL: CAT DOG Date Acquired

(b) Breeder’s and broker’s name and address, if known. If not known, set forth the name and address of the source

of the animal. If the person from whom the dog or cat was obtained is a dealer licensed by the United States

Department of Agriculture, set forth the person’s name, address and federal identification number:

_DTNC, Inc 1237 Ave Z, Suite 2B, Brooklyn, NY 11235 Tax ID 26-0751812_________________

_____________________________________________________________________________________

(c) The date of the dog or cat’s birth, unless unknown because of the source of the animal, in which case set forth

the date the pet dealer received the animal and the location where the animal was received:

_____________________________________________________________________________________

(d) For dogs only:

(i) The breed, sex, color and identifying marks at the time of sale:

_____________________________________________________________________________________

(ii) If the dog is from a United States Department of Agriculture licensed source, set forth the individual identifying

tag, tattoo or collar number for that animal.

_____________________________________________________________________________________

(iii) If the breed is unknown or mixed, indicate that fact:

_____________________________________________________________________________________

(iv) If the breed is being sold as being capable of registration, set forth the name and registration

numbers of the sire and dam and the litter number, if known:

_____________________________________________________________________________________

_____________________________________________________________________________________

(e) The record of immunizations and worming treatments administered, if any, to the dog or cat as of the time of

sale, while the animal was in the possession of the pet dealer, including the dates of administration and the type of

vaccines or worming treatments administered:

__________________________________________________________________________________________

____________________________________________________________________________________________

______________________________________________________________________________________

(f) For cats only: Set forth any known diseases, sickness or congenital condition that adversely affects the health of

the cat at the time of sale:

____n/a__________________________________________________________________


20

(Information Statement continued)

(g) Set forth any veterinary treatment or medication received by the dog or cat while in the possession of

the pet dealer (other than those set forth in paragraph (e) above):

_____________________________________________________________________________________

_____________________________________________________________________________________

Check one:

X The dog or cat has no known disease or illness, the dog or cat has no known congenital hereditary condition

that adversely affects the health of the animal at the time of sale; or

Set forth any known congenital or hereditary condition, disease or illness that adversely affects the health of

the dog or cat at the time of sale and attach a statement signed by a licensed veterinarian that authorizes the sale

of the dog or cat, recommends necessary treatment, if any and verifies that the condition, disease or illness does

not require hospitalization or non-elective surgical procedures and is not likely to require hospitalization or nonelective

surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites

unless their presence makes the dog or cat clinically ill or is likely to do so. The statement shall be valid for fourteen

business days following examination of the dog or cat by the veterinarian.

______________________________________________________________________________________________

______________________________________________________________________________________________

PET DEALER CERTIFICATION

I, __DTNC Inc, 347-387-1796_ _________________________________

PRINT NAME OF PET DEALER TELEPHONE NUMBER

____1237 Ave Z, Suite 2B _____________________________________________________________

STREET ADDRESS

____ Brooklyn, NY 11235 ____________________________,______________ _______________________

CITY, TOWN OR VILLAGE STATE ZIP CODE

HEREBY CERTIFY THE ACCURACY OF THE ABOVE STATEMENT.

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SIGNATURE OF PET DEALER DATE

PURCHASER CERTIFICATION

I, ________________________________________ __________________________________________

PRINT NAME OF PURCHASER TELEPHONE NUMBER

_______________________________________________________________________________________

STREET ADDRESS

_________________________________________________, ________________ ____________________

CITY, TOWN OR VILLAGE STATE ZIP CODE

HEREBY ACKNOWLEDGE RECEIPT OF THE ABOVE STATEMENT.

___________________________________________ _________________________

SIGNATURE OF PURCHASER DATE

Pet Dealer keeps a copy

FORM C

RECEIPT

On _______________________ I received from

Date Purchaser Name

___________________________________________________________________________________________________

Purchaser Address and Phone Number

$_________________________________________________________ for the purchase of the following animal

Purchase Price

___________________________________________________________________________________________________

Name, sex, breed, color / ID, tattoo, collar, microchip, license and/or registration numbers

_____________________________________________________________________

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Pet Dealer Signature Date

___________________________________________________________________________________________________

The following documents were provided to me at the time of sale:

_____ Information Statement (completed and signed)

_____ Disclosure of Animal Pedigree Registration (completed and signed)

_____ Pedigree registration documents

_____ ‚ÄúSale of Dogs and Cats Notice‚ÄĚ

_____ Information of the value of spaying and neutering

_____ Rabies information sheet

_____ Rabies vaccination certificate

_____ Dog licensing notice (effective 1/23/09)

_____________________________________________________________________ _________________________

Purchaser’s Signature Date

----------------------------------------------------------------------------------------------------------------------------- ------------------------------

Pet dealer keeps a copy (Rev 1.5.09)


Form D

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What Pet Owners Need to Know About Rabies Vaccinations in New York State

(Effective November 20, 2002, this information sheet must be provided by pet dealers to consumers upon point of sale of cats, dogs, and

ferrets.)

State law requires rabies vaccinations (shots) for all cats, dogs and domesticated ferrets!

(Note: Ferrets are illegal in New York City.)

Where can I get my pet vaccinated?

All counties (excluding New York City counties) are required to provide a free vaccination clinic every four months. Contact

your county health department for the schedule in your area. Rabies vaccinations are also available from your veterinarian. If

you have questions about new vaccines developed specifically for cats and for pets at younger ages, contact your veterinarian.


When should my pet receive its first rabies vaccination?

The law requires that your pet's first rabies vaccination be given no later than four months (three months in New York City) after

its date of birth. Many rabies vaccines are licensed for use at three months, although some may be given at younger ages.

When should my pet receive its second rabies vaccination?

Your pet should receive its second rabies vaccination within one year after the first vaccination. The second rabies shot and all

shots thereafter are sometimes called booster shots.

After my pet gets its second rabies shot, when is the next booster shot due?

After the second rabies shot, you need to get additional booster shots either annually or every three years, depending on the type

of vaccine administered.

What proof will I have that my pet received its rabies shots?

The veterinarian, or a person under the veterinarian's supervision, will provide you with a certificate as proof that your pet has

been vaccinated. The veterinarian's office will also keep a copy of your pet's vaccination certificate. The law requires the

veterinarian to provide the vaccination certificate to any public health official for any case involving your dog, cat or ferret that

may have been exposed to rabies, or in any case of possible exposure of a person or another animal to rabies.

What if my pet needs to be taken to the veterinarian?

Whenever you bring your pet to a veterinarian, s/he will verify if the animal is up-to-date on its rabies shots. If the animal is not

up-to-date on its rabies shots or exempt as stated below, or if the veterinarian cannot find proof of the animal's rabies vaccination

history, you may request your pet be vaccinated at that time.

If my pet bites a person, does it have to be euthanized (put to sleep)? *

If your pet bites a person and you wish to avoid euthanizing and testing it for rabies, it must be confined and observed for ten

days. If your pet is not up-to-date on its rabies shots, the ten-day confinement/observation period must take place, at the owner's

expense, at an appropriate facility such as an animal shelter, veterinarian's office, or kennel. If your pet is up-to-date on its rabies

shots, the county health department may allow the ten-day confinement/observation period to take place in your home. During

the ten-day confinement period, the county or a designated party must verify that your pet is under confinement and observation,

has remained healthy during and at the end of the ten-day period. (* In New York City, ten-day observation periods may be done

at the home of the pet owner, regardless of the animal’s rabies vaccination status.)

Fines

If your dog, cat or domesticated ferret is not vaccinated, is not up-to-date on its vaccinations, or is not properly confined after

biting someone, as the owner you shall be subject to a fine not to exceed $200 for each offense. Additional fines may apply

locally.

Exemptions

The vaccination requirements shall not apply to any dog, cat, domesticated ferret if the animal is transported through New York

state and remains in the state 15 days or less; the animal is confined to the premises of an incorporated society devoted to the care

of lost, stray or homeless animals; a licensed veterinarian has determined that the vaccination will adversely affect the animal's

health; the animal is confined to the premises of a college or other educational or research institution for research purposes; or if

the animal is unowned (feral, wild, not socialized).

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Form

H

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DISCLOSURE OF ANIMAL PEDIGREE REGISTRATION

Description of animal: _________________________________________________________________________

The animal you are purchasing is registered / registrable (circle one) with the:

_______________________________________________________________________________________________.

(ENTER NAME OF RECOGNIZED BREED REGISTRY)

Registration means that ________________________________________________________________________

(ENTER NAME OF RECOGNIZED BREED REGISTRY)

maintains information regarding the parentage and identity of this animal.

Persons buying animals represented by a pet dealer as being registrable are entitled to the papers

necessary to affect such registration within 120 days of purchase. Failure to provide such papers entitles

the purchaser to remedies under law. However, if the purchaser notifies the pet dealer within the 120

day period that he or she has not received such papers, the pet dealer shall have an additional 60 days

commencing at the end of the 120 day period in which to provide the documents.

I acknowledge receipt of a copy of the above statement:

Date ____________________ Purchaser’s Signature_______________________________________________

_________________________________________________________________________________________

NYS General Business Law

Article 35D, §753-c

The disclosure shall be signed and dated by the purchaser of the animal, acknowledging receipt of the

statement. Pet dealer keeps a copy.