Terms of Sale
1.1) Deposit paid by buyer via PayPal or Cash is not refundable.
The Seller represents that the cat sold hereunder is free of worms, fleas, ear-mites and other internal or external parasites to the best of Seller's knowledge. *
* Should the cat show signs of any potentially fatal genetic defect or chronic health problem before the cat reaches 1 (one) year of age, or should the cat die as the result of a genetic defect, Seller shall replace the cat, provided that the Buyer shall first supply either (1) a statement signed by a duly licensed Veterinarian attesting to the existence of the defect and its poor prognosis or (2) in the event of the cat's death, a post-mortem report attesting to the cause of death. Buyer may elect to have the cat examined by a duly licensed Veterinarian within 14 (fourteen) days of receiving the cat. In the event that such examination discloses health problems and Buyer is not satisfied with the cat as the result of same, Buyer may, within next 14 (fourteen) days, return the cat to Seller and Seller shall replace the cat like above stated or give full refund. In such event, Buyer shall pay all return shipping costs or shall make arrangements for Seller to retrieve the cat, provided that the cat is within reasonable driving distance of Seller. All costs of veterinary examinations, tests, procedures and treatments shall be borne by Buyer.
The parties also agree to the following conditions:
1.13) Buyer shall not sell, lease or give this cat or its offspring to any pet shop, research laboratory or similar facility. In the event that this cat is purchased as a show cat or pet, agrees that the cat shall not be transferred to another party and that any such transfer shall be a violation of this contract and Buyer shall instead return said cat to Seller immediately. In the event of such return, Buyer shall not be entitled to any refund or exchange whatsoever, regardless of the circumstances.
2.13) Buyer shall provide adequate indoor sanitation facilities and shall never allow the cat to roam freely outdoors.
3.13) Should Seller determine that, in Seller's sole discretion, the cat has been subject to willful or gross neglect or mistreatment, Seller may immediately repossess the cat and the provisions of this contract shall be void.
4.13) Buyer shall assume complete responsibility for the cat from and after the time it is delivered by Seller, and shall assume all expenses associated with the care of such cat, including medical expenses.
5.13) The parties acknowledge that a pet can become homeless as the result of unforeseen circumstances like divorce, relocation or death of a caretaker. Notwithstanding any unforeseen circumstances, Buyer agrees that the cat shall not be sold, leased or given to any animal shelter, pet store, research laboratory or other facility. Should Buyer be unable to keep the cat for any reason, including Buyer's incapacity or death, Seller shall have first option to retrieve the cat from Buyer. Should Seller retrieve the cat, Buyer shall not be entitled to any compensation, including shipping, and Seller shall have sole discretion to determine the cat's disposition, whether the cat is re-homed or retained by GO SPHYNX Cattery. Buyer shall at no time sell, lease or transfer the cat unless Buyer has first obtained the written permission of Seller to do so. The parties acknowledge and agree that this limitation shall remain in effect for the entire life of the cat.
6.13) Seller makes no representation or warranty as to fleas, fungus or mites. Buyer acknowledges that these are common issues in cats and that they are easily treatable. Seller shall have no responsibility for such conditions at any time after the initial 14-day period has passed. Buyer agrees to provide appropriate Sphynx care at all times in order to avoid and/or eliminate such problems.
7.13) The parties acknowledge that there are many adverse reactions to FELV and FIV vaccinations. Should any such vaccinations be administered, this contract, and any warranties provided hereunder, shall immediately be rendered void and the Seller shall have no further responsibility or liability for the health status of the cat.
8.13) The parties acknowledge that FIP results from a mutation of the feline intestinal virus FECV and that it is impossible to determine where or when a cat may have been exposed to that virus or at what time the virus mutated into FIP, and a cat may be exposed to FECV without ever developing FIP. In addition, the parties acknowledge that vaccination against FIP will invariably result in a positive test result for FIP regardless of whether the cat actually has the disease. Seller does not warrant against FIP and, while Seller does provide a two weeks warranty against genetic diseases under the terms of this agreement, FIP is hereby agreed to not constitute a genetic disease and Seller's warranty does not cover or warrant against FIP in any manner.
9.13) Buyer shall keep the cat separate and quarantined from other cats and/or kittens for a period of five days after receipt. Should Buyer fail to maintain such quarantine for that period, all warranties provided by Seller are automatically void.
10.13) Seller warrants that Seller has completed all vaccinations and veterinary examinations appropriate for the cat consistent with the cat's age until delivery to Buyer. Seller provides no warranty against future adverse reactions should Buyer vaccinate the cat after delivery. Should Buyer elect to vaccinate against Feline Infectious Peritonitis (FIP), ringworm, feline leukemia virus (FeLV) or feline immunodeficiency virus (FIV), any and all warranties provided by Seller shall be immediately null and void.
11.13) The parties acknowledge and agree that declawing a cat, which entails the removal of the first digit of the toe, is extremely painful and is equivalent to the removal of a person's finger to the first joint. Buyer acknowledges that declawing can give rise to improper potty behavior, including failure to use the litter box, because of possible nerve damage to the paw, leading the cat to seek out softer and less painful alternatives to the hard litter. Buyer agrees that the cat shall not be declawed for any reason.
12.13) Unless the parties have otherwise agreed in writing, Buyer shall have the cat altered at buyer's sole risk and expense when the cat is between six (6) and twelve (12) months of age.
13.13) Any legal action brought pursuant to this agreement shall be brought in Brooklyn, NY and the laws of the State of New York shall govern in all respects. In the event of any court action, Buyer shall be liable for Seller's court costs and other charges, including attorney's fees, incurred in the enforcement of this agreement. Buyer acknowledges that Buyer has read this agreement in its entirety, understands it fully and agrees to ALL of the terms and conditions included herein.