Putin’s Pride Siberians Sales Terms and Agreement
Putin’s Pride Siberians (PPS) deems Purchaser has agreed to the provisions of this Agreement as written by Purchaser’s placement of a deposit for a Siberian kitten, wherein notice of PPS Sales Terms and Agreement is given under the Terms & Agreement Tab of the PPS Website. Purchasers are also given notice and directed to the Terms & Agreement Tab from the “Available Kittens Tab” where Purchaser makes selection of Purchaser’s kitten and wherein Purchaser’s name is placed directly beneath a picture of the kitten Purchaser selected once Purchaser has placed a deposit. Notice and direction to the Terms & Agreement Tab on the PPS Website may also be given in any advertisement of Siberian kittens made by PPS.
Purchaser shall provide a non-refundable deposit in the amount of two-hundred and fifty dollars ($250) made payable to PPS via electronic submission through PayPal. Payment of deposit may also be made by check or money order made payable to Kimberly Shelton Jolie, and mailed to PPS’s address at 615 Rainbow Road, Sevierville, Tennessee 37862. PPS will not hold a kitten until the deposit has been received and payment has properly cleared banking. This deposit shall be applied to the sale price of the Siberian kitten. Once the deposit has been made, PPS will post the Purchaser’s name beneath the picture of the kitten they have selected under the “Available Kittens” tab on its website at www.putinspride.com.
Purchase price must be paid in full by Purchaser before their Siberian kitten departs PPS enroute to its new home if travel is by third-party commercial transport (air, train, etc.). If transfer is by commercial shipping, Purchaser shall pay the remaining balance of their Siberian kitten prior to shipment. If transfer of kitten is by personal delivery by PPS or personal pickup by the Purchaser or Purchaser’s designated representative, then payment shall be made in cash at that time unless other arrangements have been negotiated and agreed to prior to delivery or pick-up. Remaining balances paid through PayPal are assessed the 3% processing fee charged by PayPal which will be added to the remaining balance. (For example, if after your deposit is paid, your remaining balance is $725, then 3% of $725 ($21.75) will be added to your total balance due and the balance due will be $746.75).
Purchaser agrees to pick-up or meet at a point no further than 50 miles from PPS’s operating zip code of 37862 at no cost to Purchaser. Purchaser is responsible for all costs for shipping should Purchaser choose third-party commercial shipment (air, train, etc.) of their Siberian kitten. For an additional cost, PPS may agree to drive further than 100 miles; however, this agreement shall be made between the Purchaser and PPS at the time Purchaser places the deposit and agreed to in writing via electronic mail.
Purchaser is responsible for notifying PPS of any change in address, phone number or electronic mail address. Failure to return communications attempted or made by PPS to Purchaser through electronic mail and/or telephone (voice or texting) for a period of seven (7) days or longer concerning selection of kitten and/or arrangement as to date, time, location, and final payment for the transfer of their Siberian kitten from PPS to Purchaser will result in the forfeiture of Purchaser’s deposit in its entirety. At that time of forfeiture, PPS will place the Siberian kitten for sale on the open market. The sole purpose of this provision is to avoid: (1) Delay in the selection process for those on the Purchaser Waiting List, (2) Delay in final payment by Purchaser to PPS, and (3) Delay in the transfer of the Siberian kitten from PPS to Purchaser. This ensures PPS is able to timely satisfy its customers on its Purchaser Waiting List and place the kitten back on the open market while it is still at a desirable young age. The older the kitten. the more difficult it is to sale. Forfeiture of Purchaser’s deposit mitgates loss of sale of the Siberian kitten to other potential or interested buyers while the kitten was in “hold” status, and PPS’s readvertisement effort.
Transfer Date Provision:
All kittens that are weaned and litter-box trained will be scheduled to be transferred to the Purchaser at eight weeks of age. Transfer must be by made the Siberian kitten’s age of 9 weeks or Purchaser forfeits their deposit and the Siberian kitten will be placed by PPS on the open market. Deviations to a transfer date must be made in writing between PPS and Purchaser through electronic mail. If Purchaser fails to arrange with PPS and pay PPS for its commercial transportation, or pick-up or take delivery of their Siberian kitten by the age of 9 weeks or within 7 days of any deviation documented between PPS and Purchaser through electronic mail, then Purchaser forfeits their deposit and Purchaser’s Siberian kitten will be placed by PPS on the open market. The sole purpose of this provision is to avoid delay in transfer of the Siberian kitten to Purchaser by PPS and delay in final payment to PPS brought by a Purchaser. This ensures PPS is able to timely place the kitten back on the market while it is still at a desirable young age. The older the kitten. the more difficult it is to sale. Forfeiture of Purchaser’s deposit mitigates loss of sale of the Siberian kitten to other potential or interested buyers while the kitten was in “hold” status.
Wait List Provision:
PPS offers its Siberian Kittens to those on its wait list in the order they have joined. Timing for kitten selection always depends on how many kittens are born and how many buyers pass on kittens. PPS allows Purchasers who are waiting on a certain color or gender to pass on the selection of a kitten for up to 12 months while still remaining on the wait list.
Upon possession, Purchaser(s) shall bear all costs of medical and veterinarian care for their Siberian kitten including cost of spay/neuter surgery, tattooing, etc. Purchaser(s) assumes all risks for any surgical and medical procedures
Show and Breeder Provision:
PPS rarely sells “show or breeder” kittens; however, should PPS sell a Siberian kitten as “show” and/or “breeder,” PPS makes no guarantees or warranties and Purchaser shall hold PPS harmless for any Siberian kitten that does not achieve Purchaser’s intended purpose.
Health and Defect Provision:
PPS guarantees that, to the best of PPS’s knowledge, the Siberian Kitten is in good health at the time of sale. Purchaser(s) agrees to have the Siberian kitten examined by a licensed veterinarian within 3 business days of purchase and agrees to notify PPS within 24 hours of any adverse findings. If any incurable diseases or congenital defects are found, the Purchaser may return the Siberian kitten to PPS for a full refund of the purchase price. Purchaser must provide, at the time of notification of an incurable disease or congenital defect; proof of examination, test results, and name, address and location of veterinarian. PPS reserves the right to verify findings with veterinarian or request a second examination by a veterinarian of PPS’s choosing and at PPS’s expense. Should the second examination find that there are no incurable diseases or congenital defects, then Purchaser agrees to reimburse PPS for cost of second examination to include costs for testing. No travel expenses will be reimbursed by PPS for travel incurred to take possession of a “returned” Siberian kitten, or for costs or travel incurred for kitten examination, or for any other travel incurred for any reason.
Standard Care Provision:
PPS will ensure the Siberian kitten has received standard vaccinations consistent with its age prior to sale/shipment and will provide a health record of said vaccinations to Purchaser(s) at the time of transfer. Purchaser(s) agrees that any and all costs or expenses associated with the health of the Siberian Kitten, including any additional vaccinations that may be required depending upon the age of the Siberian Kitten at the time that Purchaser(s) takes possession of the Siberian kitten, as well as future booster vaccinations, are solely the responsibility of the Purchaser(s). PPS will not be responsible for any bills or costs incurred by the Purchaser(s) for veterinary treatment and/or other treatment or therapies for the Siberian kitten.
This Agreement is legally binding to all parties and is transferable to other parties upon agreement by all parties in writing. Any changes, additions, or omissions to this Agreement must be made in writing and agreed upon by all parties. Any breach of this Agreement will result in cancellation of its guarantees. Maximum liability of PPS for any and all losses, claims, or damages of any kind shall be limited to the amount paid by the Purchaser to PPS under this Agreement.
Legal fees, court costs, travel and related expenses related to enforcement of any portion of this Agreement shall be the sole responsibility of the Purchaser(s). This Agreement and the terms herein shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. Purchaser agrees that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts located in Sevier County, Tennessee to the exclusion of all other courts; and Purchaser(s) hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. Should any portion of this Agreement be found invalid or unenforceable by a court of law, all remaining portions shall remain valid and enforceable.