British Shorthairs Australia
Prefix- Oaks Ambition
NSWCFA #126009
A copy of the full Terms and Conditions will be sent via email upon the offer of sale of the kitten from the Breeder.
Each page needs to be signed by the buyer and returned to:
British Shorthairs Australia
205 Plummers Lane
CLYBUCCA NSW 2440
A summary of the Terms and Conditions are below.
TERMS AND CONDITIONS
OPERATIVE PROVISIONS
1 Summary
1.3 Breeder’s Cattery:
205 Plummers Lane, Clybucca, NSW, 2440, Australia.
2 Agreement to Buy and Sell
In return for payment of the price detailed in the Summary (‘Price’) by the Buyer to the Breeder, the Breeder sells and the Buyer buys the Kitten on the terms and conditions of this Agreement.
3 Order Process
The Breeder reserves the right in its sole and absolute discretion to decline any order received from the Buyer. The Breeder is not required to give reasons for declining an order.
5 Payment
6 Cancellation of Order by Buyer and Deposit
9 Passing of Title and Risk
The Buyer expressly warrants and covenants that the Buyer:
The Breeder expressly warrants and covenants that:
Prefix- Oaks Ambition
NSWCFA #126009
A copy of the full Terms and Conditions will be sent via email upon the offer of sale of the kitten from the Breeder.
Each page needs to be signed by the buyer and returned to:
British Shorthairs Australia
205 Plummers Lane
CLYBUCCA NSW 2440
A summary of the Terms and Conditions are below.
TERMS AND CONDITIONS
OPERATIVE PROVISIONS
1 Summary
- Kitten:
- Breed: British Shorthair
- Sex: [Male/Female]
- Colour: [Insert]
- Date of birth: [Insert]
- Price:
- Deposit: $250.00; and
- Balance: $1950.00.
1.3 Breeder’s Cattery:
205 Plummers Lane, Clybucca, NSW, 2440, Australia.
2 Agreement to Buy and Sell
In return for payment of the price detailed in the Summary (‘Price’) by the Buyer to the Breeder, the Breeder sells and the Buyer buys the Kitten on the terms and conditions of this Agreement.
3 Order Process
- The Buyer must use the contact form on the Breeder’s website to order the Kitten.
- The Buyer’s order must specify:
- The Buyer’s full name, address, phone number and email address; and
- Preferred colour and gender of the Companion Animal.
- Upon the Buyer placing the order, the Breeder will by email:
- Inform the Buyer of the Companion Animals available from litter(s) currently born. Best efforts will be made by the Breeder to accommodate the Buyer’s request for the preferred colour and gender of the Companion Animal. If no Companion Animals are available, the Breeder will place the Buyer on a waiting list and will contact the Buyer by email when Companion Animals become available;
- Offer the Buyer sale of the Kitten from the Companion Animals available and provide the Buyer with this Agreement, together with an invoice for the deposit detailed in the Summary (‘Deposit’); and
- Inform the Buyer the date on which the Breeder expects the Kitten to be available for collection, typically when the Kitten is 12-14 weeks of age, has been microchipped, de-sexed, has had required vaccinations, veterinary examinations and worm and flea treatments (‘Available Date’). At this stage, the Available Date will be an approximate date.
- Within 3 days of receiving the Breeder’s offer, the Buyer must by email:
- Reply to the Breeder confirming acceptance of the Breeder’s offer; and
- Pay the Deposit.
- By paying the Deposit, the Buyer acknowledges and agrees that the Buyer has accessed, read, understood and accepts the terms and conditions of this Agreement and agrees to be bound by this Agreement.
- The Breeder will email the Buyer an invoice for the balance of the Price detailed in the Summary (‘Balance’) prior to the Buyer collecting the Kitten from the cattery detailed in the Summary (‘Breeder’s Cattery’).
- Acceptance of Order
The Breeder reserves the right in its sole and absolute discretion to decline any order received from the Buyer. The Breeder is not required to give reasons for declining an order.
5 Payment
- The Buyer must pay to the Breeder the Price in relation to the Kitten, as follows:
- The Deposit amount is payable within 3 days of receiving the invoice for the Deposit from the Breeder; and
- The Balance amount is payable within 3 days of receiving the invoice for the Balance from the Breeder.
- The total Price comprises the sum of the Deposit and the Balance.
- The Buyer must make payment of the Price by electronic funds transfer into the Breeder’s bank account detailed on each of the Breeder’s invoices.
- The Breeder will issue the Buyer with a receipt for payment of the Deposit upon receiving full and clear payment into the Breeder’s bank account.
- The Breeder will issue the Buyer with a receipt for payment of the Balance upon receiving full and clear payment into the Breeder’s bank account.
6 Cancellation of Order by Buyer and Deposit
- The Buyer can cancel his/her order at any time before the Buyer collects the Kitten from the Breeder.
- The Buyer acknowledges and agrees that the Breeder will incur certain costs and expenses in preparing the Kitten for sale to the Buyer and the lost opportunity to sell the Kitten to another Buyer. As such, the Buyer acknowledges and agrees that the Deposit paid to the Breeder is non-refundable and will be forfeited to the Breeder in the event the Buyer cancels the order and does not proceed with buying the Kitten.
- Cancellation of Order by Breeder and Deposit
- The Breeder reserves the right in its sole and absolute discretion to cancel the Buyer’s order at any time before the Buyer collects the Kitten from the Breeder. The Breeder is not required to give reasons for cancelling an order and will refund the Deposit or such portion of the Price the Buyer has paid at the date of cancellation.
- Where the Kitten becomes unavailable in the case of unforeseen circumstances or events beyond our control, the Breeder will give the Buyer the option of:
- Placing the Buyer on a waiting list for the next available Companion Animal; or
- Cancelling the Buyer’s order and refunding the Deposit or such portion of the Price the Buyer has paid at the date of cancellation.
- The Breeder will endeavour to process any refund under this clause within a reasonable timeframe by electronic funds transfer into the Buyer’s bank account, which the Buyer must provide to the Breeder by email.
- Collection
- The Buyer acknowledges and agrees that the Buyer is responsible for all costs and expenses associated with collecting the Kitten, including transport costs and such costs and expenses are not included in the Price.
- The Buyer acknowledges and agrees that he/she is entitled to collect the Kitten only upon the Breeder receiving full and clear payment of the Price from the Buyer, at which time the Breeder will notify the Buyer by email confirming the Available Date.
- The Breeder will use its best endeavours to have the Kitten ready for collection from the Breeder’s Cattery on the Available Date.
- The Buyer agrees and acknowledges to:
- Collect the Kitten from the Breeder’s Cattery within 30 days of receiving the Breeder’s email notification confirming the Available Date.
- Communicate with the Breeder promptly by email to coordinate a mutually agreed date and time to collect the Kitten from the Breeder’s Cattery (‘Collection Date’).
- Notify the Breeder at least 1 day prior to the Collection Date, or otherwise as soon as practicable, if the Buyer is unable to collect the Kitten on the Collection Date, and the Breeder will agree to a new Collection Date with the Buyer.
- Organise collection of the Kitten from the Breeder’s Cattery:
- Personally. In which case, the Buyer must provide the Breeder with photo identification at the time of collecting the Kitten;
- By a nominated agent (e.g. family member or friend). In which case, the Buyer must by email provide the Breeder with authorisation to release the Kitten to its agent and must provide the Breeder with the agent’s details, including the agent’s name and contact phone number. The agent must provide the Breeder with photo identification at the time of collecting the Kitten; or
- By a professional animal transport company. In which case, the Buyer must by email provide the Breeder with authorisation to release the Kitten to the transport company and must provide the Breeder with the transport company’s details including the transport company’s name, phone number and the name and contact phone number of the representative who will be collecting the Kitten. The transport company’s representative must provide the Breeder with photo identification at the time of collecting the Kitten.
- When collecting the Kitten from the Breeder’s Cattery, to arrange transportation of the Kitten to the minimum standards required for animal transport, including:
- Supply and use of a container specifically for the purpose of cat transport which complies with the required standards, including providing adequate light and ventilation. The Kitten must be: contained or suitably restrained in a secure manner suited to the Kitten’s size and age; protected from injury, harm or distress; and physically separated from any other animals;
- In a vehicle with adequate ventilation and shade. The Kitten must not be transported in the boot of a vehicle. Where a vehicle is designed or used extensively for animal transport, the vehicle must comply with all applicable regulations, guidelines and requirements; and
- On road trips of more than 2 hours duration, make adequate stops to allow the Kitten the opportunity to exercise, eat, drink, urinate and defecate, and for enclosures to be cleaned where necessary. The Buyer must supply an appropriate amount of food (Royal Canin Mother & Babycat dry biscuits and wet food) and fresh water during transportation.
9 Passing of Title and Risk
- Title to the Kitten constituting an order free of encumbrances and all other adverse interests will pass to the Buyer upon collection of the Kitten by the Buyer, the Buyer’s nominated agent or animal transport company, as the case may be.
- Risk in an order for the Kitten passes to the Buyer upon collection of the Kitten by the Buyer, the Buyer’s nominated agent or animal transport company, as the case may be.
- Returns, Refunds and Replacement
- The Buyer acknowledges and agrees that if within 3 days of the Collection Date, the Kitten is not acceptable to the Buyer for any reason:
- The Buyer can return the Kitten to the Breeder, and the Breeder will take the Kitten back from the Buyer;
- Upon the Breeder receiving return of the Kitten from the Buyer, the Breeder will refund 50% of the Price only, and no other costs and expenses incurred by the Buyer; and
- The Buyer is responsible for any costs and expenses associated with returning the Kitten to the Breeder, such as transport costs and expenses.
- The Buyer acknowledges and agrees that if within 7 days of the Collection Date, the Kitten is not acceptable to the Buyer for health reasons, excluding injury:
- The Buyer can return the Kitten to the Breeder, and the Breeder will take the Kitten back from the Buyer;
- The Breeder must receive a written report from the Buyer’s veterinary practitioner detailing the Kitten’s health issues;
- Upon the Breeder receiving return of the Kitten from the Buyer, the Breeder will refund the Price only, and no other costs and expenses incurred by the Buyer including veterinary costs and expenses; and
- The Buyer is responsible for any costs and expenses associated with returning the Kitten to the Breeder, such as transport costs and expenses.
- The Buyer acknowledges and agrees that if within 12 months of the Kitten’s date of birth, the Kitten suffers a genetic related death:
- The Breeder will provide the Buyer with a replacement Companion Animal within 12 months of the Kitten’s date of death, however will not refund the Price to the Buyer;
- The Breeder must receive a written necropsy report from the Buyer’s veterinary practitioner detailing that the cause of the Kitten’s death was a genetic defect, and not a communicable virus, infection or other reason;
- The replacement Companion Animal will be at the Breeder’s sole and absolute discretion. Although best efforts will be made by the Breeder to provide the Buyer with a replacement Companion Animal similar to the Kitten, the Breeder cannot guarantee the replacement Companion Animal will be the same colour or gender as the Kitten; and
- The Buyer is responsible for any veterinary costs and expenses and any costs and expenses associated with collecting the replacement Companion Animal, such as transport costs and expenses.
- The Breeder will endeavour to process any refund under this clause within a reasonable timeframe by electronic funds transfer into the Buyer’s bank account, which the Buyer must provide to the Breeder by email.
- Buyer’s Warranties
The Buyer expressly warrants and covenants that the Buyer:
- Is 18 years of age or over, and has full legal capacity to enter this Agreement.
- Has not been charged or convicted of offences relating to animal cruelty.
- Has had sufficient opportunity to access, read, understand and accept the terms and conditions of this Agreement, and will comply with this Agreement.
- Will supply information to the Breeder which is true, accurate, complete and up-to-date.
- Is not acting as an agent in buying the Kitten and will not knowingly sell the Kitten to any agent or agent’s representative who sells or consigns to an organisation or individual which sells animals.
- Has up to 7 days from the Collection Date to arrange for the Kitten to be examined by a veterinary practitioner for any health concerns.
- Has a lifestyle and living environment suitable for the Kitten and will take all measures to care for the Kitten’s welfare in a socially responsible manner and in accordance with all legal requirements for pet ownership.
- Will read and follow the written information provided by the Breeder in relation to care of the Kitten, a copy of which can also be found on the Breeder’s website.
- Will do all things necessary to register the Kitten and keep registration of the Kitten current in accordance with the laws of the jurisdiction in which the Kitten resides.
- Will offer the Kitten a high quality of life and is solely responsible for the provision of, and all costs and expenses associated with, adequate veterinary care/treatment, registration, shelter/accommodation, security, fencing, socialisation, diet/feeding, exercise, ongoing vaccinations, medicines, disease and parasite control/prevention, upkeep, care and grooming.
- Will always consult and seek the guidance and advice of a veterinary practitioner or other professional with appropriate expertise with any questions about the Kitten’s medical, health or fitness condition and about the care, management and training of the Kitten.
- Will be responsible for taking out pet insurance for the Kitten. It is the Buyer’s choice to take out pet insurance and the Buyer should discuss the benefits with his/her veterinary practitioner. The Breeder is not responsible for taking out pet insurance and does not make specific recommendations as to which insurance providers and policies best suits the Buyer’s needs.
- Must not disparage, permit or authorise the disparagement of the Breeder, including damage to the Breeder’s reputation and/or brand integrity; or make, permit or authorise the making of any statement reasonably likely to cause damage to the Breeder, including damage to the Breeder’s reputation and/or brand integrity. This includes in person, on social media or otherwise. Any complaints or issues the Buyer has with the Breeder must be made discreetly and directly with the Breeder.
- Must keep confidential any of the Breeder’s information marked as confidential and any information received from or developed by the Breeder which is not publicly available.
- This clause will survive any termination of this Agreement.
- Breeder’s Warranties
The Breeder expressly warrants and covenants that:
- The Breeder is a registered breeder with the NSWCFA under the prefix Oaks Ambition with registration number 126009.
- The Breeder has taken all reasonable steps to ensure that the Kitten is physically and behaviourally healthy.
- The Kitten is pedigree.
- On the Collection Date the Kitten is in good health, has had 2 veterinary examinations, has been microchipped, de-sexed and has received the required vaccinations, worm and flea treatments and care whilst with the Breeder.
- Within 30 days of the Collection Date, the Breeder will transfer the microchip to the Buyer.
- The Breeder will provide the Buyer with written information in relation to care of the Kitten, a copy of which can also be found on the Breeder’s website.
- The Breeder promotes socially responsible ownership of the Kitten and encourages the Buyer to seek advice about care, management and training of the Kitten from a veterinary practitioner or other professionals with appropriate expertise.
- The Breeder will provide the Buyer with information specifically about the Kitten, including the Kitten’s:
- Microchip number;
- Transfer details;
- Health care history such as the Kitten’s vet card, vaccination details, worm and flea treatments and de-sexing certificate; and
- The Kitten’s pedigree certificate when sold as an entire/for show purposes or copies of the parents pedigrees when sold as a pet only.
- Must keep confidential any of the Buyer’s information marked as confidential and any information received from or developed by the Buyer which is not publicly available.
- This clause will survive any termination of this Agreement.