07/28/2024
Before reaching out to us tor w kitten or retired cat. Read our contract. NON NEGOTIATED
Cattery Sales Contract
v. 10-06-20
RECEIPT OF DEPOSIT
General Terms
1. This contract is entered into by Kristine Kelpinski-ehm herein after "Seller," owner of Bershanardi cattery, and __________________________, hereinafter "Buyer."
2. This contract is the complete agreement between the parties and all prior agreements regarding the subject matter addressed herein are hereby vacated and extinguished.
3. Modification of this contract shall be in writing and bear the signatures of both parties. Consequently, any attempt at oral modification shall be considered null and void
4. The undersigned are entering into this contract in good faith, with clear understanding of, and full agreement to, its terms and conditions. The signatures of both parties indicate full agreement to all conditions without reservation or expectation of modification.
5. The parties agree that the terms of this contract are confidential between the parties and their legal counsel. Consequently, the posting of public reviews, critiques, and comments disparaging of either party is prohibited and the parties agree that a mutual attempt to resolve any differences, and resort to the courts as the final arbiter of disputes, are the exclusive remedies under this contract.
6. The parties acknowledge that, without regard to where executed, if any legal action is instituted the parties agree that the proper jurisdiction and venue lies in Racine County, Wisconsin The Parties agree that this jurisdiction is where this contract was formed, where consideration was exchanged, and where the contract was finalized. Any other claim of jurisdiction on any grounds is hereby expressly waived. The parties further agree that the laws, regulations, and rules of Wisconsin, and the United States are the correct and appropriate laws for the adjudication of any potential dispute.
7. The parties expressly waive any right to a trial by jury and agree that any potential dispute may be adjudicated by an appropriate officer of the Court, sitting singly, as provided by the Rules of Civil Procedure then governing such disputes. The parties agree that the costs of enforcement of any term of this contract shall be owed to the prevailing party, as that term is generally defined in the agreed upon jurisdiction, in any action under this contract.
8. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or un-enforceability; all other terms hereof shall remain in full force and effect.
9. As used in this agreement, there is no distinction made between the terms "cat" or "kitten" except where such a term is specifically defined.
Terms of Purchase of companion animal.
10. This contract is for the purchase of the cat registered as _________________________. Hereinafter, "the cat."
A. Breed:
B. S*x:
C. Color:
D. DOB:
E. Litter:
F. Registration
G. Microchip number:
H.
I.
11. Buyer has provided Seller with $_____________500 US Funds as a deposit. The deposit is not refundable except at the discretion of the Seller. The deposit has secured the forbearance of the Seller in not entertaining further inquiries into the sale of the cat between the time the deposit was made and the time of sale completion under this contract.
12. The total purchase price of the cat is $____________
13. At such time as the contract is completed, prior to delivery of the cat, the deposit shall be converted in its entirety to purchase funds, leaving a balance due of $______________
14. The cost of registration with the registry or registries of the Buyers choice shall be borne by _____________
15. The Buyer represents, and the Seller acknowledges, that this cat is purchased exclusively as a companion animal and the Buyer has acquired no right to either show or breed the cat.
Health of Animal
16. Except as expressly stated herein, Seller guarantees the cat to be in good health, feline leukemia negative and free of parasites to the best of their knowledge at the time of sale.
17. Seller represents that the cat has, or will have, received all vaccinations appropriate to its chronological age at the time of delivery and shall provide documentation of same.
18. Seller represents that the cat has been implanted with a microchip for the purposed of identification and Seller shall provide documentation of same with the serial number corresponding to the implant.
19. Seller represents that the cat has been rendered neuter by a licensed veterinarian and has recovered from that procedure normally.
20. Buyer agrees to have the cat examined by a licensed veterinarian within 72 hours of receipt of the cat, at his/her sole expense. The cat will be accepted for return if returned within 3 days with a veterinarian’s certificate that the cat has a health defect other than one expressly disclosed in this contract, stating specifically what that defect is, and why it is harmful. All veterinary expenses are the responsibility of the Buyer.
A. Seller must be notified immediately, and the cat must be returned intact to Seller with a copy of the veterinary report. In such case, upon receipt of the along with a veterinary report of the illness, Seller will replace the cat with one of similar value. Under no circumstances shall Seller be responsible for payment of any medical treatment provided to the cat by Buyer during the time in which the cat is in Buyer's possession, nor will Seller be responsible for any other miscellaneous expenses, i.e.; transportation, shipping, etc. In the event of the death of the cat, the Buyer must provide a copy of complete necropsy report.
B. Failure to have the cat examined by a licensed veterinarian within the aforementioned 72-hour period constitutes a waiver of any right to action for injury, illness, or infestation of the cat other than a congenital defect.
C. Seller agrees to replace the cat in the event the cat dies of a congenital defect within the first year of its life. A veterinary necropsy report must be provided to verify the cause of death. Seller will replace the cat with another cat of similar quality as available within a 24-month period from the date of the original purchase. If Buyer does not want a replacement cat, Bershanardi Cattery will have no further obligation towards Buyer.
D. The Seller will not pay, reimburse, or otherwise credit the veterinary expenses of the Buyer.
21. The Buyer is responsible for the cost of shipment of the cat. The Buyer agrees the cost of shipment has been disclosed prior the shipment of the cat.
22. If the purchaser wishes to return the cat due to unforeseen circumstances, it may be returned to the Seller, at Buyer's expense, in the same condition in which it was received within 72 hours of receipt. In such an event, the Buyer shall bear the cost of transportation and an approved live-animal carrier.
23. During that time the cat may be returned for a full refund minus the initial deposit, which will be used for a veterinary exam and any other related expenses. After the 72-hour period, any refund will be at the sole discretion of Seller.
24. If there is another cat(s) resident in the household, a certificate of health for that animal must accompany the returned cat, indicating the resident cat is of good health, and is FIV/Feline Leukemia, Infectious Peritonitis negative with tests of the resident cat accompanying the returned cat. (During this time, the cat may NOT receive any additional or unnecessary inoculations, other than those approved by Seller). All veterinary expenses are the responsibility of the Buyer.
25. The cat may not be leased and, or sold, or any right of ownership transferred in whole or in part, to a third party absent the consent of the Seller provided in writing. Under no circumstances will the cat be sold, leased, or given away, or placed with any pet shop, research laboratory or similar facility. With the prior approval of the Seller, the cat may be placed in a satisfactory pet home, or returned to Seller without reimbursement of the purchase price. If the return involves a healthy kitten (defined as being eligible for competition in CFA kitten class competition), a refund may be provided at Sellers discretion, provided the kitten can be re-sold within a reasonable amount of time (30 days), minus any and all expenses incurred by the Seller.
26. Buyer agrees to keep the cat indoors at all times other than as required for transportation for veterinary care.
27. The Buyer agrees to the best of their ability, to provide reasonable health care (yearly exam), including regular inoculations, and veterinary services as required for maintaining a healthy animal. The Buyer is advised that vaccination with any vaccine for Feline Infectious Peritonitis will result in the health and replacement guarantee for this cat to be null and void, as there is currently no scientific evidence that the vaccines are 100% safe and effective and evidence has shown they may cause illness.
28. The Buyer shall not voluntarily cause, nor require an agent to cause, the untimely demise of the cat without a veterinarian's certification that such is necessary for veterinary or humane reasons;
29. Other than expressly stated herein, Seller makes no warranties, express or implied, about the quality, characteristics, or fitness for a particular purpose of this cat.
30. The Buyer agrees never to declaw this cat, and represents an understanding that declawing is harmful and serves no legitimate veterinary purpose.
31. If. This cat is used for show and breeding and purchaser must get permission from seller to neuter. Said cat will not be sold as breeder and kittens must be spay/neutered before going to new homes.
________________________________________
Kristine Kelpinski-ehm
Bershanardi Cattery
[email protected]
262-716-6978
Date: 01/21/2024

Buyers information
Name
Address
Phone number
Email
