PLEASE NOTE: If you would like to use our contract, feel free to copy, edit, and use all or whatever parts you wish, but do so at your own risk! We strongly encourage you to consult with competent legal counsel in selecting the precise wording of your sales contract. Neither Sue Olsen, nor Michael Olsen, nor CallisteCats, nor Vesta, LLC are competent to offer legal counsel, and can not be held liable for damages should you choose to use all or any part of our contract for your own use.
On this day, [date], Vesta, LLC ("Seller") has sold to [name] ("Buyer") a [male/female] sex [blue/seal] color point Birman born on [date] (hereinafter referred to as "kitten/cat"), for the sum of $X plus $X tax, with the following conditions and limitations:
This kitten/cat is sold with a seven (7) day 'money back' agreement (hereinafter referred to as the "money back period") which expires at midnight [date], during which the purchase price of the kitten/cat will be refunded to the Buyer upon return of the kitten/cat to the Seller in the same condition in which the kitten/cat was received by the Buyer. It is expressly understood that this kitten/cat is sold 'as is, where is', with no guarantees, warranties, or assertions concerning health, genetic quality, behavior, lineage, nor performance in any judged events. It is the responsibility of the Buyer to make judgments concerning the health, behavior, and quality of this kitten/cat, and the Seller advises the Buyer to seek professional advice concerning these issues prior to the expiration of the money back period. The Buyer agrees to assume the entire risk as to the quality, health, and performance of this kitten/cat.
LIMITATION OF SELLER'S LIABILITY: In no event shall the Seller nor anyone else directly or indirectly involved in the breeding, care, or sale of the above described kitten/cat be held liable for any direct, indirect, special, punitive, exemplary, consequential, or incidental damages (including but not limited to claims of property damage, infliction of emotional distress, emotional harm, bodily harm, transmission of infectious disease, nor damages for loss of business profits, business interruption, and the like) arising from the sale and purchase of this kitten/cat. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
BUYER'S LIMITED REMEDY: Seller's entire liability and Buyer's exclusive remedy shall be the return of the purchase price of the kitten/cat. In the event of sickness, injury, accident, or abuse of the kitten/cat occurring while possessed by the Buyer, Seller shall have no responsibility to replace the kitten/cat nor refund the purchase price.
VENUE: Buyer and Seller agree that Colorado courts have jurisdiction over them, that Larimer County, Colorado is an appropriate place of venue for any litigation arising hereunder, and that this contract is to be enforced and construed in accordance with Colorado law, in a Court of Competent Jurisdiction. In any such litigation, the prevailing party shall be entitled to recover all reasonable attorney fees, costs, and expenses. If a court of competent jurisdiction invalidates one or more of the terms of this contract, the surviving terms continue in force.
This written Agreement is the exclusive agreement between the Buyer and Seller and supersedes any and all prior oral or written agreements, negotiations or other dealings between them concerning the purchase and sale of this kitten/cat. This Agreement may be modified only in writing, signed by both the Buyer and Seller.
I have read this contract and understand and agree to all of its terms.
Signed: _____________________________________________ (Seller) Date: ________________
Signed: _____________________________________________ (Buyer) Date: _________________
Address: ___________________________________________________ Phone: ___________________
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