Adoption Contract

07-Feb-2023

Our CatteryAdoption Contract

Adoption Contract

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2023 Version, Updated 02-FEB-2023

Every effort is made to ensure the following example contract is correct and up to date. If any discrepancy or error is found between the wording or provisions found on this webpage and the formal contract provided at time of adoption, the formal contract supersedes and replaces any provision listed below.

Section 1: (General Terms)

This Animal Transfer Contract and Bill of Sale (“CONTRACT”) is entered into between __________________________________________, (“BUYER”) residing at __________________________________________, AND CATTERY “Noble Manes Cattery & Rescue”, (“BREEDER”) a wholly owned subsidiary of NM Group, LLC this ______ day of _______________, 20______ in the City of Lancaster, County of Los Angeles, State of California. This Contract supersedes and replaces all previous contracts, agreements, memoranda or correspondence, whether written or oral among the parties with respect to the subject matter of this Contract.

This Contract is executed electronically in conformance with U.S. E-SIGN Act {Pub.L. 106–229}, UETA, GDPR and other laws in Europe. In particular, if you elect the Kitten Payment Plan, you expressly agree to the terms and conditions of Partially, Inc. (https://partial.ly); and/or if your Animal is sent home on a Spay/Neuter Contract, you expressly agree to the terms and conditions of SpaySecure Pet Services LLC (https://spaysecure.com).

This Contract sets forth all of the terms and conditions for the purchase and transfer of a Purebred Maine Coon Feline, 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 Breeder hereunder, the parties shall negotiate and execute a separate Statement of Work which shall be attached as a Statement of Work Addendum {1/2/3/4/5/6/7} hereto, as outlined in Section 7.4.

1.1

Animal Identification

Collar Identifier:

__________________________________________

Nickname:

__________________________________________

Registered Name:

__________________________________________

TICA Number:

__________________________________________

CFA Number:

__________________________________________

Microchip Number:

__________________________________________

Birthplace:

__________________________________________

Sire:

__________________________________________

Dam:

__________________________________________

Coloring/FIFe Code:

__________________________________________

Coat Characteristics:

__________________________________________

Gender:

_____________________

see section 2.4

Spay/Neuter:

Alter by Breeder

see section 3.1(a)

Alter by Buyer

see section 3.1(b)

Alter Not Required

for breeding

1.2

Animal Classification

Date of Birth:

__________________________________________

Type:

Kitten

aged: under 16 weeks

Junior

aged: 16 weeks to 4 year

Adult

aged: 4 to 10 years

Senior

aged: over 10 years

Former Breeder:

N/A

kitten

Yes

1.3

Animal Transfer Details

Adoption Price:

__________________________________________

Final Payment Due:

__________________________________________

Go Home Date:

__________________________________________

Transferred As:

Household Pet

Breeding – Limited

see sections 5.8 and 5.9

Breeding – Restricted

see sections 5.8, 5.9 and 5.10

1.4

Animal Registration Eligibility

Breeder guarantees that this Animal is a Purebred Maine Coon Feline from European Lineage and is eligible for registration in both TICA (The International Cat Association) and CFA (The Cat Fanciers’ Association).

Registration of the Animal is not required and is left to the Buyers discretion. Buyer is responsible for completing and submitting the TICA/CFA registration forms, and for paying any associated registration fees.

Breeder shall provide the appropriate TICA/CFA registration papers “BLUE SLIPS” upon delivery of the Animal, except as outlined in Section 3.1 and 3.1(b).

1.5

Buyer agrees to purchase the above stated Animal and agrees that Transfer of Ownership as outlined in Section 7.2 will occur only upon receipt of payment in full under the terms of this Contract, and no earlier than the Go Home Date listed in Section 1.3(c).

If the animal is classified as a Kitten in Section 1.2(b), buyer has the option to pay in full or utilize either our Breeder Deposit Program as outlined in Section 1.5(c), or our Kitten Payment Plan for Pet Parents as outlined in Section 1.5(d) at Contract signing.

If the animal is classified as a Junior, Adult, or Senior in Section 1.2(b), Animals must be paid in full at Contract signing.

For our Breeder Partners – A breeder deposit as outlined in Section 1.7(b) is required to Reserve the Kitten and final payment must be received by the Final Payment Due Date, as outlined in Section 1.3(b).

For our Pet Parents – We offer a Kitten Payment Plan which consists of a deposit at the time of Animal reservation (starting at 4 weeks of age) as outlined in Sections 1.7(a), followed eight (8) weekly payments; culminating with the final payment being made during the 12th week of age. If the Animal is reserved after the 4th week of age, Breeder may lower the number of payments offered to ensure the Animal is paid in full before it may go home and in compliance with Section 1.11(a), unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.

Our Kitten Payment Plan is administered by Partial.ly and includes a seven percent (7%) plus thirty cents ($0.30) transaction fee. Failure to make timely payments in accordance with the terms of the agreement with Partial.ly shall constitute breach of Contract.

Partial.ly will attempt to re-authorize a failed payment twice before it cancels the agreement and issues a breach of contract statement to Noble Manes Cattery & Rescue.

In the event of Contract breach due to failure to make the required payments, the remaining balance and a Partial.ly default fee of $495.00 will become due in full and payable within seven (7) days of notice of default, unless written arrangements are made for extended this payment window. Noble Manes Cattery & Rescue will issue written instructions outlining date/time funds are due and in which manner funds will be accepted; generally in the form of a cashier’s check.

If the Buyer fails to make the balance payment as outlined in Section 1.5(g), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

No refund will be issued for breach of contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.6

Noble Manes Cattery & Rescue charges a $150.00 non-refundable application processing fee for each submitted adoption questionnaire. This fee will be credited towards the total adoption price of the kitten selected as outlined in Section 1.14. If for any reason your application is not accepted by Noble Manes Cattery & Rescue, we will issue an immediate refund of this application processing fee.

This application processing fee is not a Kitten/Cat Deposit and does not reserve any animal. Nor does the application processing fee count towards the required deposit as outlined in Section 1.7.

1.7

At the Signing of this Contract a non-refundable minimum deposit is required to reserve the Animal as outlined below. 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.

Household Pet:

25%

Established Breeder:

$2,500.00

For purposes of this Agreement “ESTABLISHED BREEDER” shall be defined to mean a TICA or CFA Registered Cattery with a minimum of 2 years active breeding experience as calculated from the birthdate of your first registered litter. Proof of this date must be provided by submitting your TICA or CFA litter certificate. Catteries with under 2 years of experience, if breeding rights were to be offered, are required to pay in full at Contract Signing.

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 7.4.

1.8

At the signing of this Contract with receipt of the required deposit outlined in Section 1.7, 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 1.9.

1.9

The Breeder in their sole discretion may revoke the Animal adoption at any time and for any reason up to and including the date/time of 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 authorization to conduct a background check and evaluate social Media platforms for all 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 household member if deemed necessary in Breeder’s sole discretion, with twenty-four (24) hours written notice.

The Breeder will provide a Contract termination letter to the Buyer informing them of their decision.

Any funds received, including the deposit, except as outlined in Section 1.9(f), will be refunded in full. Any merchant/bank fees not retained by the Breeder are exempt from refunds.

Buyer acknowledges that the pre-adoption questionnaire that was submitted was completed to the best of their knowledge, free of falsifications and/or omissions, and true and complete in material detail. Further Buyer acknowledges that the follow-up interview and any/all communication with Breeder will be truthful, accurate, and free of deception.

If Breeder becomes aware of information submitted on the pre-adoption questionnaire that violates the terms of Section 1.9(c), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

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 makes access to these item difficult for the Animal, this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

No refund will be issued for breach of Contract in violation of Section 1.9(d) or 1.9(e) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.10

Buyer agrees that if this Contract is for the purchase of a Kitten; under no circumstances will the kitten be allowed to leave the Cattery until they reach a minimum of fourteen (14) weeks of age on domestic adoptions, or a minimum of sixteen (16) weeks of age on international adoptions, provided Dam and Kitten are ready. This 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 pickup date to the revised pickup date, and the “NO LATER THAN” date listed in Section 1.11(a) will be extended the same number of days as the revised pickup date.

1.11

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 sixteen (16) weeks of age on domestic adoptions, and no later than eighteen (18) weeks of age on international adoptions. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.

Failure to collect the Animal or arrange for shipping/delivery before this date (__________) 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.

If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.11(a), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

An invoice for a Statement of Work for boarding as outlined in Section 7.4(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 7.5(a).

No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.12

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 date of this Contract. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinarian.

If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.12(a), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.13

Buyer acknowledges that processing and transaction fees are charged during the checkout process. The combined rate of these fees is 3.5% plus thirty cents ($0.30) if utilizing a credit/debit card or 7% plus thirty cents ($0.30) if utilizing our Kitten Payment Plan by Partial.ly. These fees are not retained by Noble Manes Cattery & Rescue, and therefore, will not be included in a refund due Buyer under any provision of this Contract.

1.14

Account Credits (User Funds):

Noble Manes Cattery & Rescue assigns account credits in the form of User Funds for all reimbursements as outlined in Sections 1.6 and 2.4 of this Contract. Additionally an Applicant may add to their User Fund balance as a form of a savings account towards the future adoption of a Purebred Maine Coon Feline.

User Funds are not refundable and have no “Cash Value” except as outlined in Section 2.4(c) and may only be used at Noble Manes Cattery & Rescue for adoptions or the acquisition of goods and services.

Visit the My Account page on www.nmcattery.org to review the balance, transaction history, and add additional User Funds to your account.

1.15

Contract Provision Exclusions:

__________________________________________

Section 2: (Health & Guarantees)

2.1

Noble Manes Cattery & Rescue has full DNA Testing done 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.

Blood-Brain Barrier Dysfunction (MDR1)

Cystinuria Mutation (SCL7A9)

Factor XII Deficiency (FXII)

Hypertrophic Cardiomyopathy (HCM)

Mucopolysaccharidosis (MPS)

Polycystic Kidney Disease (PKD)

Progressive Retinal Atrophy (PRA)

Pyruvate Kinase Deficiency (PKDef)

Spinal Muscular Atrophy (SMA)

2.2

In addition to the above genetic testing the Sire and Dam will be biannually screened and tested for any health issues including heart conditions/murmurs. Each Animal will have had a pre-adoption examination as outlined in Section 2.3, vaccinations and wellness checks as determined by our Cattery Staff Veterinarian, Dr. Lindsey Abbott DVM (VET25662) and administered by Cattery Clinic Staff within Noble Manes Clinic & Laboratory. Additional veterinary services may be administered from the following Veterinarians:

Animal Medical Center
Dr. David Lahijaniha DVM (VET22087)
Dr. Alanna Blevin-Layton DVM (VET24826)
2270 East Palmdale Blvd, Ste C
Palmdale California 93550
www.animalmedicalcenterav.com
(661) 441-1011

2.3

A pre-adoption wellness check (Kitten Adoption Veterinarian Clearance) is performed on the Animal at twenty-eight (28) days “4 weeks of age” by our Cattery Veterinarians.

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.

The diagnostic assessment includes the following: gender confirmation, weight measurement, listening for lung and heart sound anomalies, detection and grading of any murmur.

An overall assessment by the Veterinarian is made to include clearing the Animal for Adoption.

2.4

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 again during the pre-adoption wellness check as outlined in Section 2.3, and Buyer acknowledges that definitive gendering can only be done at the time of spay/neuter.

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.

If Buyer elects to withdraw from the adoption as outlined in Section 2.4(a) a credit in the amount of the original adoption price will be issued as outlined in Section 1.14 for use toward selection of an alternate future kitten. If the selected kitten’s adoption price is higher than the value of the User Funds issued, Buyer is responsible for the difference in price.

Buyer will receive a reimbursement, if requested, of any unused User Funds after the execution of the new adoption contract.

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.

2.5

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, see Section 2.11.

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 “Go Home Date” as outlined in Section 1.3(c). The Animal will be replaced with an Animal selected by Breeder in Breeder’s sole and absolute discretion of equal value.

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 7.4(f).

2.6

The Animal is veterinarian cleared as healthily prior to leaving Noble Manes Cattery & Rescue 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 Noble Manes Cattery & Rescue for shipping too, or collection by Buyer. Illness must be diagnosed and documented by a certified veterinarian using the Noble Manes Cattery & Rescue “Health Guarantee Form” included in Section 1 of your document packet.

A cattery exit wellness check (Kitten Go Home Exit Veterinarian Clearance) is conducted prior to the Animal leaving Noble Manes Cattery & Rescue. This clinical assessment rechecks all the areas outlined in Section 2.3 with the addition of verification of the microchip number, and a clinical inspection of the alter site to determine if the Animal is cleared to go home.

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 as listed in Section 2.2.

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 rights to compensation, including refund or replacement under any Section of this Contract.

Breeder requires, and all warranties under Section 2.6 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 old 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 2.6 of this Contract and all rights and health guarantees to refund within this Section are void.

If the Animal is found to be sick during the ninety-six (96) hour sickness guarantee period, and this sickness originated prior to leaving Noble Manes Cattery & Rescue, 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 deductible.

Breeder shall not be responsible for paying any veterinarian fees, insurance premiums, insurance co-payments, or associated costs except as outlined in Section 2.6(e).

Breeder may require a second veterinary opinion, at Breeder’s expense

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.

Breeder is not responsible for illness or injury to the Animal resulting from Buyer’s mishandling, mistake, or accident.

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.

Breeder is not responsible for damage or injury to other animals, persons, or property caused directly or indirectly by this Animal.

If return shipping is necessary, Buyer shall be responsible for arrangements and cost. The original shipping fees, if any, are not refundable.

2.7

The Animal is guaranteed against Material Congenital Defects (i.e., that are hereditary in nature), for the timeframe as outlined in Sections 2.7(b) and 2.7(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 Noble Manes Cattery & Rescue “Health Guarantee Form” included in Section 1 of your document packet.

For purposes of this Agreement “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 that either significantly (i) reduces the life of the animal, (ii) restricts the animals normal physical activity, or (iii) causes abnormal pain to the animal.

Buyer agrees that if this Contract is for the purchase of a Kitten or Junior as outlined in Section 1.2(b); Animal is guaranteed against Material Congenital Defects until three (3) years of age. Animal’s date of birth is identified in Section 1.2(a) of this Contract.

Buyer agrees that if the Animal is a Retired Breeder as outlined in Section 1.2(c); Animal is guaranteed against Material Congenital Defects for a period of one (1) year from the “Go Home Date” as outlined in Section 1.3(c), regardless of the age of the Animal.

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 rights to compensation, including refund or replacement under any Section of this Contract.

Suspected conditions and/or inconclusive tests shall not be considered as confirmation.

Breeder may require a second veterinary opinion, at Breeder’s expense.

Only early onset Juvenile Hypertrophic Cardiomyopathy (JHCM) as outlined in Section 2.8(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.

No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within six (6) months of a confirmed diagnosis.

2.8

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.

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. Noble Manes Cattery & Rescue has each kitten examined by our Cattery Veterinarian at 4 weeks of age (Kitten Adoption Veterinarian Clearance) as outlined in Section 2.3, and this examination includes screening for any heart abnormalities and murmurs. A copy of this clearance report is provided to Buyer prior to adoption and will be included in your document packet.

Noble Manes Cattery & Rescue screens each Sire and Dam yearly by Echocardiogram to detect any signs of cardiac abnormalities in our breeding pairs. These screenings are completed by a Board-certified Veterinary Cardiologist, DVM, DACVIM (Diplomate, American College of Veterinary Internal Medicine).

2.9

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 (present in the environment) medical conditions.

Illnesses or diseases caused by parasites, fungus, viruses, bacteria, allergies to airborne particles, food, flea or mosquito bites such as; CPV (Canine Parvovirus), FCoV (Coronavirus), FCV (Calicivirus), FeLV (Feline Leukemia), FHM (Feline Hemotrophic Mycoplasmosis), FHV (Feline HerpesVirus), FIP (Feline Infectious Peritonitis), FIV (Feline Immunodeficiency Virus), FPV (Feline Panleukopenia Virus), Gastrointestinal Parasites (including; Roundworms, Tapeworms, Whipworms, Heartworms, Stomach Worms, Flukes, Coccidia, Giardia, Toxoplasma), Aspergillosis, Blastomycosis, Campylobacter, Candidiasis, Clostridium Difficile, Coccidioidomycosis, Cryptococcosis, Cryptosporidium, C. Perfringens, C. Botulinum, E. Coli, Dermatophytosis (Ringworm), Histoplasmosis, Mycetomas, Phaeohyphomycosis, Rhinosporidiosis, Salmonella, Sporotrichosis, Staphylococcus Aureus, Trichomonas/Tritrichomonas, Yersinia Enterocolitica and Enterotoxigenic, Rabies, Urinary/Respiratory Infections are not material congenital defects, occur naturally, and therefore the treatment of which are the financial responsibility of the Buyer.

Maine Coon Cats and Purebred Animals in general may be pre-disposed to specific chronic conditions, illnesses, and abnormalities, such as Feline Entropion and Gingivostomatitis.

The development and treatment of any naturally occurring medical condition over the course of the Animal’s lifespan are the financial responsibility of the Buyer.

No refund will be provided to the Buyer for illness or mortality resulting from a naturally occurring condition diagnosed after the ninety-six (96) hour sickness guarantee period as outlined in Section 2.6.

2.10

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.

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. Noble Manes Cattery & Rescue provides as part of the Animals high quality daily diet NuVet Plus Feline immune system supplement.

Breeder requires and all warranties hereunder are subject too, and it is Buyer’s responsibility to continue the daily use of the NuVet Plus Feline immune system supplement for a minimum of the first four (4) critical years of the Animals growth and development; otherwise known as the kitten stage.

Order directly from NuVet by phone at (800) 474-7044, or online at www.nuvet.com; order code 910857.

If Buyer elects to discontinue daily use of the NuVet Plus Feline immune system supplement, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

2.11

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.

For purposes of this Agreement “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.

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.

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.

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.

If the Animal is determined to have complete bilateral deafness as a direct result from CHSD the Buyer may continue with the adoption or elect to select another animal, now or in the future based on availability. Any payments received to date will be applied to the adoption price of the alternate animal, and Buyer will receive either a refund or be reasonable additional charges if there is a difference in pricing.

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.

2.12

Buyer acknowledges that once the Animal has left the care of Noble Manes Cattery & Rescue 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. 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.

2.13

Animal Boarding: Kittens/Cats at Noble Manes Cattery & Rescue.

Breeder offers extended boarding for families that require additional time to pick up the Animal as outlined in Sections 1.11(a) and 1.12(a) at a rate of $20.00 per day.

Breeder offers boarding of cats only for our adoption families based on availability. This service is provided on a first-come first-served basis and requires a reservation and deposit. The boarding rate is $50.00 per day for one cat, or $75.00 per day for two cats sharing the same kennel. No boarding of any type of dogs will be permitted.

Any request for boarding under Section 2.13(b) will require proof of good health and current vaccinations to include: FVRCP, Bordetella, and Rabies. A Veterinarian Health Certificate or Noble Manes Cattery & Rescue Boarding Health Clearance Form, included in Section 1 of your document packet, is required as proof of health and vaccinations.

Boarder is responsible for any and all veterinarian fees while the animals are in the care of Noble Manes Cattery & Rescue, and will be required to sign a treatment consent authorization release.

Section 3: (Buyer’s Responsibilities)

3.1

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 1.2(a) of this Contract. Registration papers will be provided only after Breeder has received proof of alteration of this individual Animal by SpaySecure.

If Animal is altered before leaving the care of Noble Manes Cattery & Rescue, TICA/CFA registration papers will be provided at time of sale, or as soon as available from the club.

If unaltered at time of sale, Buyer is responsible for altering Animal. Kittens must be altered before ten (10) months of age, and a Junior, Adult or Senior Cat within thirty (30) days of date of sale.

Noble Manes Cattery & Rescue 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.

These documents must be uploaded to the SpaySecure Web-Portal by either the Sterilization Deadline or by 10 days after the date of Sterilization operation, whichever is earlier.

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.

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 Noble Manes Cattery & Rescue. No refunds or compensation will be made.

3.2

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 date of sale 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.

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.

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. 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

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. 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.

If Animal is not quarantined from other animals for a period of at least ninety-six (96) hours after Animal arrives to its new home, the health sickness guarantee refund as outlined in Section 2.5 is void.

Breeder is not responsible for, and shall not compensate Buyer for, contagious diseases or viruses transmitted between animals outside of Breeders direct control.

Noble Manes Cattery & Rescue reserves the right to monitor social media platforms for indications of failure to follow proper quarantine requirements.

3.4

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.

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.

This first exam is offered free of charge to the Buyer by Animal Medical Center, the Breeder’s contracted Veterinarian. Contact Dr. David Lahijaniha at (661) 402-3276 to schedule your delivery day appointment.

Findings must be documented by a certified veterinarian using the Noble Manes Cattery & Rescue “1st Exam Report Form” included in Section 1 of your document packet

A copy (photo sent by text) 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 Noble Manes Cattery & Rescue by mail within seven (7) days of the appointment in accordance with Section 8.

3.5

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 for both the pet and the child involved.

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 Section 7 of your document packet, to help children understand how the Animal is feeling.

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 with the Animal.

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. Further 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.

No refunds or compensation will be made. 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

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.

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.

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.

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 Noble Manes Cattery & Rescue will issue a reimbursement demand for the costs of the postmortem to the Buyer.

3.7

Buyer is responsible for having the Animal checked yearly by a veterinarian (wellness exams), as well as to immediately seek veterinarian care if the Animal is showing any signs of illness or injury.

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 the Animal to Breeder, or to Breeder’s authorized agent as outlined in Section 4.10.

Buyer shall reimburse Breeder for any and all cost associated with treating the Animal, any travel and boarding fees as outlined in Sections 6.5. 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. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

3.8

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.

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.

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.

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.

To update enrollment, visit www.homeagain.com, or call (888) HOMEAGAIN.

Section 4: (Lifelong Wellbeing)

4.1

Buyer is responsible for maintaining current vaccinations for this Animal.

Breeder vaccinates Kittens and Cats against Feline Viral Rhinotracheitis, Feline Calicivirus, and Feline Panleukopenia utilizing the FVRCP Combo, and Bordetella by intranasal.

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. If future boarding is to be done at Noble Manes Cattery & Rescue this vaccination is required to be current at the time of boarding as outlined in Section 2.13.

Our Cattery Veterinarian recommends the Bordetella inoculations, spaced at six (6) month intervals. The first inoculation is administered in Cattery. If future boarding is to be done at Noble Manes Cattery & Rescue this vaccination is required to be current at the time of boarding as outlined in Section 2.13.

Our Cattery Veterinarian recommends maintaining (i.e. boosting) these vaccines for life.

4.2

Rabies vaccination is left to the Buyer’s discretion, and to the requirements of Buyer’s state, and local regulations. It is Buyer’s responsibility to comply with state, and local regulations.

Breeder will vaccinate any Animal that will be traveling domestically by cargo or will be traveling outside the United States as required by FAA regulations and International laws.

If the Animal will be traveling to a Rabies Free Country as listed on the US State Departments website, a rabies titer test (FAVN) will be required. Noble Manes Cattery & Rescue contracts with Kansas State University Rabies Laboratory for the processing and certification of this specialized test, and results will take four to six (4-6) weeks to be completed.

Buyer will be issued an invoice for the required rabies vaccination and/or testing. This invoice must be paid in full prior to the Animal leaving Noble Manes Cattery & Rescue.

If the required testing is expected to be completed after the “NO LATER THAN” date outlined in Section 1.11(a) for a kitten, or Section 1.12(a) for a Junior, Adult, or Senior Animal; Buyer will be responsible for extended boarding charges as outlined in Section 7.4(a).

If future boarding is to be done at Noble Manes Cattery & Rescue this vaccination is required to be current at the time of boarding as outlined in Section 2.13.

4.3

FIV (Feline Immunodeficiency Virus) and FeLV (Feline Leukemia) vaccinations are left to the Buyer’s discretion. Breeder recommends that Buyer discuss the pros/cons of these vaccinations with a veterinarian and consider the disease risks in their individual situation.

4.4

If the Animal should have a health problem whose nature the Buyer does not understand, he/she must take the Animal to a veterinarian as soon as possible and contact the Breeder as soon as the Animal has been seen by the veterinarian.

4.5

Buyer agrees that this Animal will not be sold, leased, traded, or gifted, to any animal auction, research laboratory, kill shelter, or similar facility, without written approval of Breeder.

4.6

Breeder provides in conjunction with Trupanion.com a no obligation thirty (30) day free trial period of animal health insurance. This offer includes 24/7/365 support, paying 90% of the bill for covered costs, no payout limits, waived activation fee, no upfront payment, and immediate coverage without waiting periods. Coverage begins with a $250 deductible that buyers can change to fit their budget, should they choose to continue coverage past the thirty (30) day free trial period.

Buyer acknowledges that veterinarian services can be costly over the life of the Animal and that these expenses are Buyer’s responsibility.

Section 2.6(d) requires, and all warranties under Section 2.6 are subject too, and it is Buyer’s responsibility to activate the trial pet insurance provided by Breeder if the Animal is 1 year old or younger at Go Home Day.

Breeder recommends and Buyer may elect at Buyer’s expense to maintain continued health insurance past the trial period at Buyer’s discretion.

Call (855) 266-2156 to activate this offer, using Breeder Code BR1NM71320.

4.7

Buyer agrees that the Animal will not be declawed for any reason. Although legal in most jurisdictions within the United States, the process of removing the claws is a life-altering procedure that leaves the Animal unable to defend itself and could affect the health and wellbeing of the Animal permanently. An alternate course of action and one Supported by Noble Manes Cattery & Rescue is the use of nail covers.

If the Animal is found to have been declawed in violation of Section 4.7, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

4.8

If for any reason, at any time, Buyer is unable to keep or provide adequate care for this Animal; Breeder must be contacted to attempt to make arrangements for another home. Buyer shall be responsible for transportation cost unless other arrangements can be made.

No refunds or other compensation will be paid to the Buyer. Once returned, the Animal’s new owner shall have sole ownership of the Animal. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

4.9

Buyer may not resale the Animal to a third-party (otherwise known as, or acting as, a broker) either free or for monetary gain. Any attempt to resale the Animal shall constitute breach of Contract and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent.

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.

In the event of Contract breach due to acting as a broker, Buyer shall pay a fee to the Breeder in the amount of $10,000.00. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

4.10

If at any time Animal is found to be malnourished, abused, neglected, or kept in poor conditions Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent.

If at any time Breeder suspects this Animal is malnourished, abused, neglected, or kept in poor conditions; Breeder may exercise the right to have the Animal examined by a veterinarian of Breeder’s choosing at Breeder’s cost.

If confirmation of any mistreatment under section 4.10(b) is determined, these finding will be turned over to the District Attorney’s Office and Animal Care and Control Department who has jurisdiction for the address of record for the Animal. Breeder will seek full prosecution under applicable State law.

4.11

Buyer agrees they will not become a foster pet parent, and if they are already registered as a foster parent they will not act in that capacity throughout the lifetime of the Animal. In virtually all cases these foster pets carry illness and diseases of an unknown origin and pose a clear and present danger to the health and wellbeing of the Animal. Breeder is not responsible for illness or injury to the Animal resulting from the introduction or joint housing of a foster pet in the Buyer’s residence.

If the Animal is found to residing in a residence with a foster pet, regardless of length of time, in violation of Section 4.11, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

4.12

Buyer acknowledges that transitioning the Animals diet abruptly or constantly can cause serious and long-term gastrointestinal issues and health related trauma. Breeder provides and our Cattery Veterinarian recommends the slow and systematical approach to any diet change as outlined in your document packet “When Should I Change My Cat’s Diet” brochure.

Buyer agrees that only commercially available cat specific food will be feed to the Animal, and that before giving the Animal any table-scraps or human food they will consult with their veterinarian to ensure this food will not harm the Animal.

Buyer agrees that at no time will the Animal be fed a home-made raw diet, regardless of where the recipe is obtained from. These types of diets do not provide essential nutrients and expose the Animal to bacteria and parasites from processing the food outside of a regulated USDA facility.

Buyer agrees that before any diet change they will consult with their veterinarian to ensure the diet is well balanced and age appropriate for the long term health and wellbeing of the Animal.

If Breeder becomes aware of diet changes contrary to the recommendations outlined in Section 4.12, the When Should I Change My Cat’s Diet brochure, or without the approval of Buyer’s veterinarian, regardless of length of time, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

4.13

Buyer agrees that Animal will be kept indoors (not allowed to roam freely outside) in a clean kitten/cat proof environment, given proper nutrition, and health care.

For purposes of this Agreement “KITTEN/CAT PROOF ENVIRONMENT” shall be defined to mean access to any area or item that directly results in, or causes, or contributes to a health condition or injury of the animal including, but not limited to (i) toxic plants/cleaners/oils, (ii) poisonous foods, (iii) small choking hazards and toys, (iv) unsecured windows/doors and fall hazards.

Buyer acknowledges that they will seek immediate emergency care for the Animal in accordance to Section 3.6 for any injury or illness resulting from access too or contact with an unsafe environment or item as outlined in Section 3.6(a).

4.14

The Animal must not be left alone in outdoor areas unless a completely enclosed space has been built for it and from which it cannot escape.

4.15

There are no guarantees as to Animal’s personality or temperament. Furthermore Breeder cannot guarantee the ultimate size, weight, shape, length or thickness of fur or mane, height of ears, nor any other trait of the Animal based on the appearance of the Animal on adoption day (28 days of age).

Buyer acknowledges that the growth and development of the Animal is substantially aided or hindered based on the care, diet, and nutrients provided by the Buyer. Care, diet, and nutrients are enumerated throughout this Contract and Buyer acknowledges that any deviation from the provisions outlined herein must be made under the direct supervision of a Veterinarian, and could result in Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract to be voided.

4.16

Buyer acknowledges that if the Animal is purchased jointly by married or common law partners who subsequently separate, ownership of the Animal shall be determined under California Family Code 2605, and the presiding judge shall “assign sole or joint ownership of a pet animal taking into consideration the care of the animal”.

This statute ensures that a court must take into account what is in the best interest of the Animal in terms of care and well-being; hence, acknowledging that the Animal has an inherent right to be cared for and protected.

Buyer acknowledges that the Adoption of the Animal has taken place in the State of California as outlined in paragraph 1 of this Contract, and the Court with jurisdiction over the separation proceedings should use California Family Code 2605 regardless of where the Animals residency is to determine ownership of the Animal after the separation.

Section 5: (Breeding Rights)

5.1

If Animal is sold with breeding rights, Buyer agrees to the following conditions.

The naming of the Animal will adhere to the generally accepted international club registry standards as follows:

NobleManes (cat’s name) of (owners cattery name)

To abide by accepted TICA/CFA good breeding practices.

To conduct breeding in an ethically responsible manner, with the welfare and needs of the Animals first and foremost.

To not mate the Animal until it has reached a minimum age of eleven (11) months, without written approval of Breeder, and only when deemed necessary to protect the health and wellness of the Animal as directed by a certified veterinarian.

To abide by the non-compete clause outlined in Section 5.8 of this Contract.

To abide by the breeding line protection clause outlined in Section 5.9 of this Contract.

To abide by breeding restrictions (if any) listed in Section 5.10 of this Contract.

5.2

If Animal is sold with breeding rights, Breeder will conduct full DNA Testing on the Animal as outlined in Section 2.1 of this Contract.

At the signing of this Contract with receipt of the required deposit outlined in Section 1.7, Breeder will collect the cheek swabs and submit to Neogen for Full DNA testing. The costs for this testing will be borne by Breeder.

Laboratory testing usually take up to 30 days to be processed and for results to be send via email to Noble Manes Cattery & Rescue.

Upon receipt of the certified results from Neogen, a copy of the report and a results key will be provided to the registered owner as outlined in Section 1 of this Contract.

A specific test report indicating anything other than a neg/neg (-/-) showing “Tested Clear”; will be considered acceptable grounds for Buyer to cancel this Contract. If all test results are neg/neg (-/-) no cancellation of the Contract may be made under this provision.

If Buyer elects to cancel the Contract under provision 5.2(d) a full refund of all monies payed to Breeder will be returned to Buyer within seventy-two (72) hours, and Buyer will nave no remaining obligations under the Contract.

5.3

Any video, photo, or text information about the Animal, published by the Buyer in any format on any media, internet, social, forum, chat, messaging system or site with the express purpose of advertising the Animal; shale contain the full name of the Animal with a mandatory statement of its hereditary Cattery as outlined in Section 5.1(a).

Failure on Buyer’s part to properly identify the Animal’s hereditary Cattery (NobleManes) in the association with any type of post listed in Section 5.3 shall constitute breach of Contract.

Candid and whimsical photos, photos shared solely between friends, and photos not being used for marketing or advertisement of the Animal or the Buyer’s Cattery are not subject to section 5.3.

In the event of Contract breach due to improper identification of the Animal, Buyer shall pay a fee to the Breeder in the amount of $100 for each post misidentifying the Animal. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

5.4

Breeder cannot guarantee show performance, contest wins, or that Animal will earn title awards.

5.5

If Animal is sold with breeding rights the Breeder guarantees that the Animal has the ability to conceive. In case of infertility, Animal may be exchanged for a similar Animal under the following conditions:

Infertility caused by an injury, illness, infection, or veterinary medical procedure occurring after Buyer has taken possession of Animal shall not entitle Buyer to a replacement Animal.

Infertility shall not be determined until the Animal has failed to produce offspring after one (1) year of attempted breeding while following responsible, controlled breeding practices.

Breeder reserves the right to attempt breeding the Animal to a proven mate of known fertility for a period of up to six months before infertility is conclusively determined.

No refunds will be paid unless Breeder is unable to provide a replacement Animal within six (6) months after infertility is unequivocally confirmed.

5.6

Animal shall not be co-owned, loaned, leased, or re-sold for breeding purposes, without written approval of Breeder. This includes studding a male with or without compensation. No re-registration, transfer of ownership, or other devious means of circumventing these restrictions will is permitted.

Any request for transfer of ownership must be submitted in writing to the Breeder, and the Breeder, in their sole discretion may approve or decline the request.

Upon receipt of a written request under this Section Noble Manes Cattery & Rescue will either; approve without limitations, approve with specific breeding restrictions, or decline the request in Breeders sole and unfettered discretion.

If a request is approved; upon transfer of the Animal a copy of all paperwork (including a Bill of Sale, Contract, and Registration Paperwork) must be submitted to Noble Manes Cattery & Rescue within thirty (30) days of the transfer in accordance with Section 8.

5.7

Any transfer of ownership attempted without written and signed approval of Breeder shall constitute breach of Contract.

In the event of Contract breach due to transfer of ownership without approval, ownership of Animal, all offspring and/or monies collected from sale of offspring shall revert to Noble Manes Cattery & Rescue. Furthermore, Buyer shall yield custody and possession of Animal and all offspring to Breeder promptly after written demand from Breeder and cooperate in good faith to complete documents necessary for transfer of registration.

In the event of Seller’s unauthorized transfer of ownership without approval, Buyer shall be responsible for the cost of return shipping for Animal, costs associated with acquiring and returning all offspring, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract.

5.8

Non-Compete Clause:

Buyer acknowledges that at no time and under no circumstances will they be permitted to offer to any party, friend, relative, or individual; any direct descendant of the Animal for adoption, either free or for monetary gain within the boundaries outlined in Section 5.8(b) or 5.8(c).

Buyer acknowledges Breeders exclusive rights against non-competition in the geographic area known as Southern California. For the purposes of this Contract, Southern California is comprised of the following ten (10) Counties:

Imperial County, Kern County, Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Barbara County, San Luis Obispo County, Ventura County

Buyer acknowledges Breeders exclusive rights against non-competition in the geographic area known as Las Vegas Metropolitan Area. For the purposes of this Contract, Las Vegas Metropolitan Area is comprised of the following Counties:

Clark County

Transfer of ownership of any type as outlined in Section 5.8(a) in any location or to any address that falls within the boundaries as outlined in Section 5.8(b) or 5.8(c) shall constitute breach of Contract, unless written arrangements are made for exclusion of a specific transfer under a Statement of Work to Addendum {5} hereto.

In the event of Contract breach due to violations of the Non-Compete Clause, Buyer shall pay a fee to the Breeder in the amount of $1,000.00 for the first offense, $2,500.00 for the second offense, and $5,000.00 for each additional offense. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

5.9

Breeding Line Protection Claus:

Buyer acknowledges that at no time and under no circumstances will they be permitted to offer to any party, friend, relative, or individual; any 1st generation (F1) direct descendant of the Animal for adoption, either free or for monetary gain with breeding rights. This provision is in effect for the lifetime of the Animal.

Buyer acknowledges that only with written approval of Breeder will they be permitted to offer any 2nd generation (F2) direct descendant of the Animal for adoption, either free or for monetary gain with breeding rights to any party outlined in Section 5.9(a). This provision is in effect for the first three (3) litters of a specific F2 Descendant, and is lifted for the fourth (4) and subsequent litters.

Buyer has no restrictions on the sale of breeding rights for any (F3) or lower direct descendant of the Animal.

Filial generations are the nomenclature given to subsequent sets of offspring from controlled or observed reproduction. The F1 generation refers to the first filial generation. The F2 generation refers to the second filial generation, or the offspring on an F1 descendant.

Any request for sale of F2 descendants with Breeding Rights under the restrictions listed in Section 5.9(b) must be submitted in writing to the Breeder, and the Breeder, in their sole discretion may approve or decline the request.

Failure to strictly adhere to any restriction listed in Section 5.9(a)(b) shall constitute breach of Contract, unless written arrangements are made for exclusion of a specific restriction under a Statement of Work to Addendum hereto.

In the event of Contract breach due to violations of the Breeding Restrictions, Buyer shall pay a fee to the Breeder in the amount of $10,000 for each occurrence. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

5.10

Breeding Restrictions:

__________________________________________

Failure to strictly adhere to any restriction listed in Section 5.10(a) shall constitute breach of Contract, unless written arrangements are made for exclusion of a specific restriction under a Statement of Work to Addendum {5} hereto.

In the event of Contract breach due to violations of the Breeding Restrictions, Buyer shall pay a fee to the Breeder in the amount set forth in the provision governing that restriction. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

Section 6: (Shipping, Delivery, Returns and Refunds)

6.1

Delivery of the Animal to any location is carried out by agreement of the Parties, executed as a Statement of Work in connection therewith and attached to Addendum {2/3/4} hereto, as outlined in Section 7.4.

6.2

The costs incurred in shipping/transporting the Animal are borne by the Buyer.

Noble Manes Cattery & Rescue prefers Buyer to pick up the Animal in person at its Cattery in Lancaster, California or optionally Buyer can select to have Breeder deliver the Animal to Los Angeles International (LAX) Airport as outlined in Section 6.3, have the animal transported domestically by air cargo as outlined in Section 6.4, have the animal transported domestically by air in-cabin with a courier as outlined in Section 6.5, or have the Animal delivered regionally by ground as outlined in Section 6.6.

Noble Manes Cattery & Rescue contracts with United Airlines, Delta Airlines, and American Airlines for all United States Domestic cargo shipping.

Noble Manes Cattery & Rescue contracts with Southwest Airlines, Delta Airlines, Frontier Airlines, and Spirit Airlines for all United States in-cabin courier delivery.

International shipping/transportation is highly regulated and will require additional documentation and/or animal quarantine. No kitten may leave the United States until they are at least 16 weeks of age. We will make every effort to assist in the coordination of international shipping/transportation, but ultimately it is the responsibility of the Buyer to ensure that they are in compliance with the laws and regulations of their home country. Contact your country’s Embassy or a IPATA (International Pet and Animal Transportation Association) member for assistance in coordinating and complying with your country’s applicable rules and regulations.

After the transfer of the Animal by Breeder to third parties for shipping/transportation, the Breeder bears no responsibility for the safety and health of the Animal during this transport.

6.3

Transport Air: Animal delivery to LAX by Breeder.

Breeder charges a set fee of $185.00. The pricing for this optional package may change at any time based on pricing received from suppliers, veterinary services, and global market fluctuations that are beyond the control of Noble Manes Cattery & Rescue.

Our fee covers suppling an upgraded in-cabin carrier, transfer of the Animal to our local airport: Los Angeles International (LAX), and shipment by UPS of the Go-Home Package.

Buyer must meet Breeder at LAX airport within 30 minutes of the date/time specified in the Statement of Work (SOW) Addendum. Breeder charges an $85.00 per hour waiting fee, billed in 15 minute increments for any flight or travel delay. Breeder will wait a maximum of two (2) hours before returning to the Cattery.

If the Animal is returned to the Cattery for any flight or travel delay, Buyer will be required to pick up the Animal in person at Noble Manes Cattery & Rescue in Lancaster, California within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.4

Transport Air: United States Domestic by air cargo.

Breeder charges a set fee of $450.00 plus the actual cost of the airline cargo charge. The pricing for this optional package may change at any time based on pricing received from suppliers, veterinary services, and global market fluctuations that are beyond the control of Noble Manes Cattery & Rescue.

Our fee covers the purchase of an Series 100 IATA approved crate, the required Veterinarian Inspection, issuance of a Health Certificate, Rabies Vaccination, transfer of the Animal to our local airport: Los Angeles International (LAX), and shipment by UPS of the Go-Home Package.

Up to two (2) Kittens or one (1) Junior, Adult, or Senior may travel in a IATA crate under FAA and airline rules and regulations. Classification of the Animal is outlined in Section 1.2(b).

An additional pro-rated fee of $150.00 will apply to a second kitten traveling in the same IATA crate as outlined in Section 6.4(c). This fee covers the required Veterinarian Inspection, addition of second animal on the Health Certificate, and Rabies Vaccination. Both Animals must be seen and inspected by our veterinarian at the same time.

An additional charge of $50.00 will apply if the combined weight of the Animal(s) is in excess of fifteen (15) pounds at time of transport request. This fee covers the upgrading of the IATA crate to a series 200.

Cargo Air Shipping must be scheduled four (4) weeks prior to the requested delivery date and will incur an Animal Boarding charge as outlined in Section 7.4(a) for delivery after the no later than pickup date as outlined in Sections 1.11 or 1.12.

6.5

Transport Air: United States Domestic by air in-cabin with a courier.

Courier delivery (in cabin with Animal) for United States Domestic locations is offered at a rate of $500.00 plus the actual cost of the airline ticket. An overnight room and board change of $100.00 plus the actual cost of the hotel reservation will apply for all destinations where the one-way flight time is in excess of 4 hours (this is calculated including layovers, if any). The pricing for this optional package may change at any time based on pricing received from suppliers, veterinary services, and global market fluctuations that are beyond the control of Noble Manes Cattery & Rescue.

Up to two (2) Kittens or one (1) Junior, Adult, or Senior may travel in-cabin under FAA and airline rules and regulations provided the combined weight of the Animal(s) is under fifteen (15) pounds at time of transport request.

If the combined weight of the Animal(s) is in excess of fifteen (15) pounds at time of transport request in-cabin courier delivery will not be offered.

This service is arranged around the courier’s schedule and delivery may be delayed based on their availability and will incur an Animal Boarding charge as outlined in Section 7.4(a) for delivery after the no later than pickup date as outlined in Sections 1.11 or 1.12.

Buyer must meet Courier at the destination airport on the date/time specified in the Statement of Work (SOW) Addendum or the Courier will return the Animal to Breeder. If the Animal is returned to Breeder by Courier a return charge of $200.00 will apply, and Buyer will be required to pick up the Animal in person at Noble Manes Cattery & Rescue in Lancaster, California within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.6

Delivery Ground: United States Regionally is offered on a case-by-case basis; upon availability.

The Breeder charges $1.00 per mile. One way mileage is calculated from address-to-address utilizing Google Maps. The maximum round trip driving distance is 800 miles.

An overnight room and board change of $100.00 plus the actual cost of the hotel reservation will apply for all destinations where the roundtrip distance is in excess of 400 miles.

Breeder delivery must be scheduled two (2) weeks prior to the requested delivery date and will incur an Animal Boarding charge as outlined in Section 7.4(a) for delivery after the no later than pickup date as outlined in Sections 1.11 or 1.12.

Buyer must meet Breeder at the agreed upon Delivery Address within 30 minutes of the date/time specified in the Statement of Work (SOW) Addendum. Breeder charges an $85.00 per hour waiting fee, billed in 15 minute increments for any travel delay. Breeder will wait a maximum of two (2) hours before returning to the Cattery.

If the Animal is returned to the Cattery for any travel delay, Buyer will be required to pick up the Animal in person at Noble Manes Cattery & Rescue in Lancaster, California within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.7

All above travel options that include millage are based on an average fuel rate of up to $3.99 per gallon. If at the time of transport request the average fuel rate is in excess of $3.99 per gallon, a fuel surcharge will apply.

The fuel surcharge rate is equal to 5% for each $0.50/gallon interval price over $3.99.

6.8

Travel requests not covered by Sections 6.2, 6.3, 6.4, 6.5 and 6.6 are at the sole discretion of the Breeder. Furthermore Breeder has no control over changes to FAA or airline policies, procedures or fees.

6.9

A separate invoice for the cost/fees of shipping/transporting the Animal will be sent to the Buyer within twenty-four (24) hours of the request for these services and must be paid in full prior to the shipping/delivery date as outlined below.

Payment for travel within the United States is due seven (7) days before the date of delivery as outlined in the Travel Addendum.

Payment for international travel is due within forty-eight (48) hours of receipt of the travel package invoice.

If the Buyer fails to make the travel payment as outlined in Sections 6.4(a) or 6.4(b), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

6.10

If the Animal is to be surrendered to the Breeder under any provision of this Contract, the Breeder will provide written notice to the Buyer outlining the reason and supporting documentation. Animal must be returned to the Breeder within 24 hours of written demand. Buyer may elect to return the Animal to the Breeder at the Cattery location, or.

Breeder charges $1.00 per mile. One way mileage is calculated from address-to-address utilizing Google Maps.

Breeder may elect, at their sole discretion, to travel by airline, train or other transportation option for distances over 400 miles one way.

An overnight room and board change of $100.00 plus the actual cost of the hotel reservation will apply for all destinations where the roundtrip distance is in excess of 400 miles.

Animal boarding is charged at a rate of $20.00 per day from pickup date to the date the Animal is re-homed.

Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

6.11

If the Buyer is due a refund or other compensation under any provision of this contract, Buyer acknowledges the following:

All required forms, reports, results or other documentation must be submitted to Noble Manes Cattery & Rescue in accordance to and within the timeframe of the associated provision.

Missing, incomplete, or illegible paperwork and/or documentation voids any and all refunds or compensation requests.

All documentation submitted to Noble Manes Cattery & Rescue must be true, correct, and without falsehood. Any attempt to commit fraud (make a false statement with the intention to deceive) and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. 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. Furthermore Noble Manes Cattery & Rescue will turn over all documentation to the District Attorney’s Office and seek full prosecution under applicable California State law.

If approved by Breeder, the refund will be processed to the original payment method within ninety (90) days from the date Buyer submitted the written notification or Health Guarantee form.

6.12

Buyer acknowledges that this Contract once signed is immediately binding and may only be cancelled by the Breeder as outlined in Section 1.9(b). Noble Manes Cattery & Rescue does not provide a “Cooling off Period” or any provision in which the Buyer may reconsider, change their mind, or in any way rescind this Contract. Buyer further acknowledges that any monies received to include the required deposit, payment in full, or payments made towards the Adoption Price under the Kitten Payment Plan are non-refundable.

Buyer agrees and understands that credit/debit card charges processed by Noble Manes Cattery & Rescue or by Partial.ly on behalf of Noble Manes Cattery & Rescue are irrevocable, undisputable and may not be charged back, contested or challenged now or in the future, doing so is a material breach of this Contract for which Noble Manes Cattery & Rescue would be entitled to attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged.

Should Customer not pay the amount submitted to by Noble Manes Cattery & Rescue for the cost of the chargeback within 30 days after Noble Manes Cattery & Rescue has submitted its amount of cost due to Buyer contesting a charge, the charges will be turned over to a collection agency.

Noble Manes Cattery & Rescue shall have at its sole disposal any other legal remedy it independently chooses to pursue any collection against Buyer for the cost of the chargeback. Buyer further agrees that This Animal Transfer Contract and Bill of Sale is all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to Buyer.

Buyer further acknowledges that any attempt to chargeback the Adoption Fees after Buyer has taken possession of the Animal is grand theft (exceeding a value of $950) under California State law. Any attempt to defraud Noble Manes Cattery & Rescue by the commission of grand theft and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. 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. Furthermore Noble Manes Cattery & Rescue will turn over all documentation to the District Attorney’s Office and seek full prosecution under applicable California State law.

Section 7: (Records, Documents and Addendums)

7.1

The following specific document will be included with your package upon delivery of the Animal. These documents will also be provided in a digital (.pdf) format on a thumb drive in your take home package. Additional handouts and partner offers will be included to provide insight into raising a healthy, well-adjusted cat.

Transfer of Ownership Certificate, as outlined in Section 7.2

Medical Records Release Authorization, as outlined in Section 7.3

Animal Veterinary Health File

Sire’s Pedigree

Dam’s Pedigree

Sire’s DNA Report

Dam’s DNA Report

TICA Registration Form (Blue Slip)

CFA Registration Form (Blue Slip)

7.2

A Transfer of Ownership Certificate will be issued to Buyer at the time of Animal pickup/delivery and is valid only with Breeders signature and Cattery Embossed Seal. Buyer is required to countersign this document, as outlined in Section 7.6.

Noble Manes Cattery & Rescue reserves the right to impose fees or revoke this transfer in accordance to the terms of this Contract for violation of any Section herein as outlined in each Section or Clause.

If a fee is levied for a violation or breach of contract, Buyer has seven (7) days from the receipt of written notice to submit payment to Breeder in the form of certified funds.

Upon revocation of this transfer by Breeder for a violation or breach of contract Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. 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.

Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

7.3

A Medical Records Release Authorization and a Medical Record Monitoring Authorization will be issued to Buyer at the time of Animal pickup/delivery and is valid only with Breeders signature and Cattery Embossed Seal. Buyer is required to countersign these document, as outlined in Section 7.6.

In accordance to HIPPA rules, AVMA regulations and the Laws of the State of California Breeder provides written authorization to release any and all medical and veterinarian records for the Animal to Buyer. A facsimile copy is considered to be as valid as the original.

Buyer acknowledges the Breeders right to monitor and review the health of the Animal. Therefor with the signing of this Contract Buyer grants Breeder unconditional access too and waives Confidentiality of Veterinary Patient Records for the Animal. This waiver shall act as Clients Consent under the provisions and regulations of the AVMA and shall be deemed binding to all Veterinarians, Clinics and/or Hospitals governed by the AVMA.

As the family name assigned the Animal may be changed or be unknown to the Breeder, Breeder will identify the Animal to all Veterinarians, Clinics and/or Hospitals by Buyers Name, Animal Date of Birth and Microchip Number.

Failure to provide Breeder with the name, address, and contact phone number for any Veterinarians, Clinics and/or Hospitals the Animal has been seen/treated at, or any attempt to block the dissemination of or access to veterinary records shall constitute breach of contract and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. 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.

Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

7.4

Statement of Work (SOW) Addendum:

Addendum {1} – Animal Boarding, as outlined in Section 2.13.

Addendum {2} – Domestic Travel/Shipping, as outlined in Sections 6.3, 6.4, 6.5 and 6.6.

Addendum {3} – International Travel, as outlined in Section 6.2(d).

Addendum {4} – Other Travel Package.

Addendum {5} – Breeder Restriction Exemption.

Addendum {6} – Miscellaneous.

Addendum {7} – Veterinary Health Certificate, charged at a rate of $250.00.

7.5

Statement of work fees will be billed on the First (1st) of each month or in accordance with the Contract provision they are associated with. Buyer will receive an Invoice via email and payment shall be made on our website (www.nmcattery.org) via the link attached to the Invoice Email.

Statement of Work fees billed monthly are due in full on the Eleventh (11th) of each month.

Statement of Work fees for travel as outlined in Sections 6.2 and 6.3, are due and payable as outlined in Section 6.4.

If the Buyer fails to make full payment for any Statement of Work as outlined Section 7.5(a) or 7.5(b), this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue.

7.6

Document Countersigning.

Buyer acknowledges that certain documents that are part of the Go Home Packet require a wet signature to be valid and binding. Only the Buyer listed above can sign these documents as the Registered Adopter of the Animal.

The following documents require a countersignature; Document Listing, Transfer of ownership Certificate, Medical Records Release, Medical Records Monitoring, Health Addendum.

If the Buyer is not to be present at the time of delivery, or the Animal is being transferred by third-party to the Buyer, these documents must be signed and returned to the Cattery prior to pick up or release of the Animal to any third party. Breeder will mail (at Buyers expense) these documents and Buyer shall sign the packet in the presence of a Certified Notary and return by trackable means (UPS, FedEx or similar).

Failure to sign these documents for any reason and this Contract is voided and full ownership of the Animal shall revert back to Noble Manes Cattery & Rescue. No refunds or compensation will be made.

Section 8: (Contact Information)

8.1

Cattery Management:

Owner/Breeder
Daniel Fradkin
xxx.xxx.xxxx
(this number is provided in your signed contract)

Hospital Manager
Nikkole Grajales, RVT

8.2

Cattery Postal Address:

Noble Manes Cattery & Rescue
5716 Vahan Ct, Lancaster California 93536

8.3

Cattery Email Address:

[email protected]

8.4

Cattery Phone Number (voice/text/fax):

844.NOB.MANE
844.662.6263

8.5

Emergency Contact:

xxx.xxx.xxxx
(this number is provided in your signed contract)

8.6

Required Documents:

Provisions of this Contract require Buyer to provide certain “Documents” to Noble Manes Cattery & Rescue to be in full compliance with the Terms of this Contract. These Documents may be sent/uploaded to Noble Manes Cattery & Rescue in the following approved ways only:

By SMS Text – to the number listed above.

By Postal Mail – to the street address listed above.

By Email – to the email address listed above (in .pdf format).

By Fax – to the phone number listed above.

Section 9: (Miscellaneous)

9.1

Dispute Resolution: The parties agree that any and all disputes, claims or controversies arising out of or relating to this Contract that are not resolved by their mutual agreement and/or mediation shall be submitted to final and binding arbitration before the Judicial Arbitration and Mediation Services (“JAMS”), or its successor, pursuant to Title 9, Arbitration Sections 1280 through 1295 of the California Code of Civil Procedure. Breeder and Buyer mutually acknowledge and agree that this Breeder shall not be liable for lost profits or special, incidental or consequential damages as result of Buyer’s failure to make a timely or proper claim. Furthermore, Buyer expressly waives any right to include a claim for punitive damages in any action commenced or arising hereunder or relating hereto. Either party may commence the arbitration process called for in this agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting a single arbitrator from JAMS panel of neutrals, and in scheduling the arbitration proceedings. No claim, proceeding, action or arbitration may be maintained by Merchant if commenced later than one (1) year following accrual of the cause of action. The parties agree that this provision supersedes any other statute granting a longer statute of limitations applicable to contracts of sale made and to be performed in California. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this Paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs (including reimbursement of all costs paid or incurred in connection with arbitration hereunder), fees and expenses, including attorney’s fees, including the costs of the arbitration and arbitrators fees to be paid by the party against whom enforcement is ordered. In the event that equitable remedies are sought, the parties shall not be bound to arbitration as to those remedies.

9.2

Applicable Law: The validity, construction, and interpretation of this agreement shall be governed by the laws of the State of California applicable to agreements executed within and to be wholly performed within the State of California. By execution of this Contract, the parties hereto agree that the sole and proper venue and jurisdiction for any judicial proceeding brought hereunder shall, at the option of Breeder, be JAMS located as near as possible to Lancaster in Los Angeles County, California, or in the event either party seeks equitable relief, the courts located in Los Angeles County, California.

9.3

Breeder’s Right to Injunctive Relief: Buyer acknowledges that a breach of this Contract or a breach of Buyer’s continuing obligations under Section 5 will result in immediate and irremediable damage to Breeder. Buyer acknowledges and admits that there is no adequate remedy at law for such actions and Buyer agrees that in the event of such breach Breeder shall be entitled to equitable relief by way of temporary and permanent injunctions and such other further relief as any court with jurisdiction may deem just and proper. Resort to any remedies referred to herein shall not be construed as a waiver of any other rights and remedies to which Breeder may be entitled under this Contract or otherwise.

9.4

Liquidated Damages: Buyer acknowledges that by reason of the time and money invested by Breeder in breeding, caring for, documenting pedigree and marketing and reserving the Animal for sale to the Buyer under this Contract the remedies set forth in this Agreement reasonable and commensurate with the protection of the legitimate business interests of Breeder and acknowledges and agrees that the provision of liquidated damages contained in Section 1 of this Contract and do not constitute a penalty but represents a fair assessment, in good faith, of the losses and damages likely to be suffered by Breeder in the event of a breach by Buyer of Buyer’s covenants contained in Section 1, which damages are otherwise too complex to determine. Buyer expressly agrees that the amount stated herein as liquidated damages is reasonable under the circumstances particularly where, as here, the amount of damage sustained by Breeder by virtue of Buyer’s breach of their obligations under Section 1 would be impracticable or difficult to fix.

9.5

Construction: The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Contract or the intent of the provisions hereof. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the person may in the context require. This Contract shall not be construed against the party preparing the same and shall be construed without regard to the identity of the person who drafted this Contract and shall be deemed to be the joint work product of the parties hereto. As a result of the foregoing any rule of construction that a document is to be construed against the party preparing it shall be inapplicable.

9.6

Partial Invalidity: In the event any provision of this Contract is determined by a court of law to be invalid or unenforceable, the remaining provisions of this Contract shall continue to remain fully valid and effective.

9.7

Waiver or Consent Limitation: The waiver by either party of a breach of any provision contained herein shall in no way be construed as a waiver of any other breach or default or a waiver of any subsequent breach of such provision or the waiver of the provision itself.

9.8

Attorney’s Fees and Costs: Should either party hereto institute any action, including arbitration as required hereunder to enforce its rights hereunder, the prevailing party in such action shall be entitled to recover its costs and expenses (including the reimbursement of all costs paid or incurred in connection with any arbitration hereunder), including reasonable attorneys’ fees, from the other party.

9.9

Debt, Dishonorably Failing to Pay: UCMJ Article 134, p.A2-48: §934. Art. 134. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

9.10

Right To Report: Breeder reserves the right to report delinquent payment to credit agencies, collection agencies, employers & military command for both the signer of this Contract as well as the spouse (married or common law partners) of the signer in accordance to the terms of this Contract & Bill of Sale and/or the Partial.ly Payment Plan Contract.

9.11

Warranty Disclaimer: BREEDER DISCLAIMS ALL IMPLIED WARRANTIES ON ANY WITH RESPECT TO THE ANIMAL PURCHASED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

9.12

Exhibits: The terms and conditions of the Exhibits attached hereto are expressly incorporated by reference to this Contract and are included as part hereof. In the event of any conflict between an exhibit and this Contract the terms and conditions of the Contract shall be controlling.

9.13

Amendment: This Contract may not be modified, supplemented or amended except by a written agreement executed by Breeder and Buyer, Changes and additions must be initialed and dated by both Parties.

9.14

Counterpart Signatures: This Contract may be executed in multiple counterparts electronically or by fax each of which shall be deemed an original and all of which shall constitute an agreement to be effective on the Effective Date.

9.15

Binding Effect: By signing, Buyer acknowledges that he/she has read, understands, agrees to, and has received a copy of this Contract and Bill of Sale. This Contract and Bill of Sale is legally binding upon the Parties only when it has been countersigned by Breeder.

9.16

Assignable: This Contract is not transferable or assignable to any other party.

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