1. Cattery WCF «Fire Stone» publishes this public agreement (contract/offer) on the provision of services.
2. This Agreement is a public contract, and if the conditions set out below are accepted, any natural or legal person undertakes to comply with the terms of this contract.
3. A kitten is considered reserved only after making a deposit — 50%. Deposit not returned and is considered compensation for the maintenance of a kitten and lost opportunities for its sale. Sale to Russia, Ukraine and Belarus is not made.
4. It is necessary to understand that the degree of bareness of a Sphynx, Elf and Bambino depends on many factors. Sphynx, Elf and Bambino is not a rubber cat, but only the appearance of hairlessness. Hair bulbs in cats breed Sphynx, Elf and Bambino present. Hormones, climate and genetics play an important role in the animal’s of bareness. Even if a Sphynx, Elf and Bambino kitten is nude during transmission, some hairiness may develop in the future. A Breeder cannot guarantee that a Sphynx, Elf and Bambino kitten will not have a hair pubescence in the future.
The Breeder is not responsible for the size of the Maine Coons, the quality of wool as it depends on the content of the animal in the Owner’s house and on feeding. The Breeder disclaims responsibility at the time of the transfer of the animal to the courier or cargo.
5. The Breeder is not responsible for the loss of the qualities of the animal due to the Owner’s fault or in unforeseen situations (accident, consequences of a serious illness suffered, inappropriate content, food, etc.). Quality assessment is made at the time of transfer of the animal.
6. The Breeder undertakes: on request and at the expense of the Owner, before sending the kitten to the Owner’s house, send tests to the laboratory for all infections that the Owner is interested in (FIP, FIV, FELV and other). Claims for positive tests for viruses, including the Coronavirus, are not considered if there is no clinical picture of the disease. Animals of the cattery «Fire Stone» are vaccinated with the attenuated Nobivac Tricat Trio and Felocell 4 vaccine. Cats vaccinated NTT with an attenuated vaccine produce average antibody titers that stay at this level for at least 4 years. (R.M Gaskell, M. Bennett «DIRECTORY on infectious diseases of dogs and cats»). Analyzes must be prepared 5-10 working days before the date of departure of the kitten from the cattery «Fire Stone». If the Owner has not exercised this right (clause 6), then the kitten’s health claims will not be considered further.
6.1. The Breeder undertakes: on request and at the expense of the Owner, before sending the kitten / cat to the Owner’s house, check the male (spermogram) or female (reproductive analyzes). Analyzes must be prepared 5-10 working days before the date of departure of the kitten from the cattery «Fire Stone».
7. Subsequently, for any acquired diseases of viral, bacterial, etc. genesis, the Breeder is not responsible. The Owner, receiving the animal, gives a full account of his actions, realizes that he receives a living creature that can be exposed to external and internal aggressive influences, accepts the fact that high-breed animals do not have strong natural immunity and non-compliance with the regime, quarantine, feeding, routine vaccination, the provision of medical veterinary care, etc. may cause harm to the health and life of a kitten, the responsibility for which falls entirely on the Owner.
8. We prefer that Owner or their representatives come personally for the kitten, so the Breeder is not responsible for the quality of the cargo or the shipping of animals by courier and the consequences associated with transportation. Responsibility ends at the time of transfer of the animal to the cargo or courier.
8.1. As a rule, shipping is carried out within 1 month from the date of purchase. This rule does not apply to force majeure (natural disasters, epidemics, etc.) that occur on the territory of the Breeder or Сourier’s territory. The Breeder is not responsible for any consequences that he cannot influence (Owner’s illness, epidemics, including the new generation covid-19 virus, etc.). The borders of countries are closed and opened at the request of governments, which the Breeder cannot influence. If the Owner is waiting for shipping (consequences of the covid-19 quarantine and other disasters) and cannot accept the kitten for a long time, exceeding one month, and wants to change the kitten to a kitten younger than the age they purchased, the Owner must pay for a replacement in the amount of 50% (but not less than 300 euros) + and if necessary, the price difference. Only in this case, the Breeder will be able to exchange the kitten. If the price of a new kitten that the Owner wants to exchange for an already purchased kitten is less, the difference is not refunded to the Owner. The Breeder has the right to refuse such replacement without explanation. Each case is negotiated individually and in advance!
9. When sending an animal to a cargo and / or courier, the Owner assumes responsibility for the costs of, caused by stress and physiological features of high-bred cats, and undertakes to take measures to eliminate them, if necessary, following the advice of the Breeder.
10. Owner in the presence of a Breeder (or at the time of receiving the kitten) examined the eyes, ears, mucous membranes of the oral cavity, anus, skin and tail, testified to their normal condition, satisfied with the inspection. The Owner is confident and confirms that the kitten is visually clinically healthy at the time of the transfer. The Owner has no claim to the Breeder on the health of the kitten at the time of receipt.
11. The Breeder gives a guarantee for the replacement of the animal in case of a positive diagnosis of the animal for HCM m/m under the age of 1 year. But only BEFORE receiving the first kittens. The etiology of primary cardiomyopathy today is not fully understood. HCM disease in cats is a complex disease that can be caused by many factors. Hereditary pathology, viral diseases, autoimmune mechanisms, biochemical disorders and food deficiency (for example: taurine) may be involved in the development of cardiomyopathy. If HCM m/m is found in a kitten at the age of 1 year, the Owner must notify the Breeder. Provide a repeat HCM test (tests are accepted only by licensed cardiologists from leading clinics that are officially recognized internationally, the choice of which is agreed with the Breeder). In case of confirmation of the diagnosis, the Owner receives another animal of the same sex for replacement (exchanging a kitten may take up to 1 year from the date of notification). The Breeder will offer up to three replacements, and if none of them is accepted by the Owner, it should be assumed that the Owner is not open for replacement and thereby loses the right to these replacements.
11.1. In case of receiving positive tests for fatal diseases — FIP (1 month) from the date of shipping of the kitten/cat to the owner’s house, the breeder gives a guarantee for replacement. Replacing a kitten can take up to 1 year from the date of notification. The Breeder will offer up to three replacements, and if none of them is accepted by the Owner, it should be assumed that the Owner is not open for replacement and thereby loses the right to these replacements. At the expense of the Owner, an autopsy is required to prove the cause of death. The results must be reported to the Breeder in writing from the veterinarian who performed the autopsy within 14 days after the autopsy. These results will confirm the diagnosis. All certificates must be scanned and sent to the Breeder by e-mail from the veterinarian on his letterhead (or clinic letterhead) with the license number of the veterinarian. All veterinarians who issue an official certificate of veterinary inspection must be licensed by the state and accredited by state institutions of the respective countries.
12. This contract does not cover any other treatable illness that kittens may commonly get, such as, but not limited to, eye infection, respiratory infection, ear infection, and parasites or fungal infections, although Breeder does our best to limit such occurrences. This contract does not cover any illness, treatable or otherwise, that said cat/kitten may contract later in life, or after the warranty date. No other illness/injury is covered under this warranty. There is no guarantee for show quality, personality, sexual development, or success of cats sold for breeding. These are factors that the breeder cannot always predict or control, and therefore will not guarantee.
13. Breeder gives a guarantee of reproduction:
— if upon reaching the animal of childbearing age, it turns out that it is not capable of reproduction due to genetically determined or intrauterine-acquired anomalies, when the owner provides relevant veterinary documents (only certificates of competent specialists from leading clinics and Laboratories that are officially recognized internationally, the choice approved by the Breeder). In case of confirmation of the diagnosis, the Owner, at his own expense, shipping the Breeder the animal back and receives another animal of the same sex for replacement (exchanging a kitten may take up to 1 year from the date of notification). The costs associated with the replacement of the animal are paid by the Owner. The Breeder will offer up to three replacements, and if none of them is accepted by the Owner, it should be assumed that the Owner is not open for replacement and thereby loses the right to these replacements.
14. The inability of an animal to reproduce is established by a reproductive physician at the Center for Reproduction (only certificates from competent specialists from leading clinics and laboratories that are officially recognized internationally are accepted, the choice is agreed with the Breeder).
Reproduction screening includes:
— Inspection and Conclusion of a Reproductive Physician;
— Cytological analysis of vaginal secretions;
— Ultrasound of the genitourinary system;
— Tests for the presence of chronic viral infections (viral immunodeficiency, viral leukemia, infectious peritonitis, ureaplasmosis, chlamydia, mycoplasmosis, toxoplasmosis, Campylobacteriosis);
— Spermogram for tomcats.
In case of confirmation of the diagnosis, the Owner, at his own expense, shipping the Breeder the animal back and receives another animal of the same sex for replacement (exchanging a kitten may take up to 1 year from the date of notification). The Breeder will offer up to three replacements, and if none of them is accepted by the Owner, it should be assumed that the Owner is not open for replacement and thereby loses the right to these replacements.
15. If the kitten/cat dies at any time after ownership, and while this health guarantee is in force, an autopsy is required at the Owner’s expense to prove the cause of death. The results must be reported to the Breeder in writing from the veterinarian who performed the autopsy within 14 days of the autopsy. These results will be a confirmation of the state of health.
All certificates must be scanned and sent to the Breeder by e-mail from the veterinarian on his letterhead (or clinic letterhead) with the license number of the veterinarian. All veterinarians who issue an official certificate of veterinary inspection must be licensed by the state and accredited by state institutions of the respective countries.
16. The Owner undertakes to: — keep the animal in quarantine for 21 days;
The owner must show the kitten/cat to the veterinarian within 3 days after arrival for a health check, otherwise health guarantee will be invalid.
The Owner understands and agrees that cats can be carriers of viruses of calicivirosis, rhinotracheitis (herpes), coronavirus, chlamydia, mycoplasmosis, etc. Cats of the Canadian Sphynx, Elf and Bambino breed are obtained by a fixed mutation that causes the absence of hair, so the breed does not have strong natural immunity. The animal may experience stress from shipping, changes in habitat, which leads to a drop in immunity.
The Owner undertakes not to make a claim on the health of the animal to the Breeder and to assist the animal in case of need under the guidance of the Breeder.
The Owner understands and agrees that at the time of the transfer the animal is clinically healthy, as evidenced by the veterinary certificate form No. 5 issued by a specialist of the state veterinary service.
The Owner understands and agrees that the Breeder is interested in the participation of the animal in the breeding work in the Owner’s cattery. The Owner during the inspection of the animal, as well as on the basis of the data of the veterinary certificate form No. 5, was convinced and agrees that the Breeder has taken all the necessary actions to preserve the health of the animal in the cattery «Fire Stone».
The Owner agrees that the Breeder’s responsibility for the animal’s health ends at the time of transfer of the animal to the Owner, courier or air carrier (cargo), and the Owner claims from the animal’s health are not accepted from this moment, including in the case of an animal disease during the quarantine period.
The Owner must understand that the cat / kitten may require additional boosters to achieve immunity, other than those provided by the Breeder, as well as annual vaccinations. The Owner must understand that vaccinations do not guarantee immunity. The Owner promises to maintain a preventative vaccination schedule as necessary, and to keep the cat in good health. Breeder strongly advises that prior to bringing home this cat/kitten, all other cats in the home should be tested negative for FELV and FIV, examined by a veterinarian, and vaccinated against common cat viruses, even if they appear healthy.
17. If you have questions, contact the Breeder for explanations and follow his recommendations;
— in case of any problems with the animals, which could later lead to a disputable situation between the parties, first of all inform the Breeder.
At the request of the Breeder, the Owner must provide a video of the animal. And video tracking (for animal identification) in clinics with repeated studies, if the Breeder is unable to attend the examination personally;
— never use unverified information from incompetent sources (the Internet, other breed breeders, or people who consider themselves as such, etc.) to provide veterinary care or to choose a program for keeping and / or feeding a particular animal. This information will be provided in full by the Breeder as the Owner has such a need.
If the Owner fails to comply with the recommendations of the Breeder, the latter is not responsible for the harm caused to the animal.
18. The Owner has the right to return the healthy animal to the Breeder at any time from the date of receipt with prior approval of the fact and date of return, but without receiving the money previously paid for the transfer of breeding rights, and without compensation for its maintenance. Shipping is at the expense of the Owner.
18.1. If the owner refuses the purchase, the reserve of 50% of the purchase amount will not be refunded (from the first day of booking). If a 100% payment is made and the owner refuses to purchase until the kitten/cat is delivered to the owner’s home, the breeder will deduct all costs for keeping the kitten in their home, starting from 1 day of reservation or purchase, and return the difference from the total cost of the kitten. The owner pays all commission fees and the difference in the purchase / sale of the currency (the owner’s currency to the breeder’s currency at the exchange rate of the breeder’s country). The exchange rate is calculated on the day of the reserve/purchase. Only in this case, the breeder can return the difference.
19. Payment for the transfer of breeding rights to an animal from the cattery «Fire Stone» is not refundable under any circumstances. It is possible to replace the animal when the Owner performs the following claims: points of this offer 11,13,14.
20. All payments associated with the transfer of money, with the delivery of animals from the cattery to the Owner’s house, the purchase of a container for transportation, paperwork and other necessary things, the Owner pays extra. Including when replacing an animal (in case of a disputable situation) the costs associated with returning the animal and receiving a new animal are paid by the Owner. Shipping cost is always paid by the Owner.
21. Conditions for the transfer of rights of tribal use to animals:
These provisions are due to the high breeding value of the above animal.
The agreement on the transfer of breeding rights to an animal from the cattery «Fire Stone» is mixed and contains the terms of the contract for the sale and purchase of an animal, governed by Chapter 54 of the Civil Code of Ukraine, and the terms of the agreement on the transfer of the exclusive right to use a breeding animal, which in accordance with Article 8 of the Civil Code of Ukraine (the application of civil law by analogy), article 199 of the Civil Code of Ukraine «Results of intellectual and creative activity» and the Law of Ukraine «On breeding in animal husbandry» according to which the use of breeding products (material) as an object of exclusive rights (intellectual property) is allowed in the manner prescribed by law.
22. The animal will bear the name of the cattery «Fire Stone» throughout life, which should be reflected in any documents and registrations. When using a photo of an animal as any advertisement, the full name of the animal with the prefix of the cattery «Fire Stone» is indicated.
Violation of any of the restrictions stipulated by the terms of the agreement violates the rights of the Breeder and damages the cattery “Fire Stone”.
23. Failure by the Owner of any of the conditions of this Agreement relieves the Breeder from all obligations.
24. Having received a breeding animal from the cattery «Fire Stone», the Owner confirms that he understands, agrees and accepts all the conditions of this Agreement of the Offer.
25. A kitten/cat who can travel must leave the Breeder house within 2 weeks (14 days), unless other options are agreed between the Owner and the Breeder in advance or on the day of payment. On the 15th day after paying for the purchase or reserve, the Breeder begins to charge a fee for the maintenance and care of a kitten/cat in his house 10 $/€ per day.
A kitten that is less than 3.5 months old is kept in the Breeder house for free. When the kitten turns 3.5 months old, the kitten must leave the house within 2 weeks (14 days), unless other options are agreed between the Owner and the Breeder in advance or on the day of payment.
26. In the event of a confrontation, public scandal or defamation of the reputation of Andrew Sinakin, the «Fire Stone cattery» and its employees, including the transfer of information to third parties, the breeder releases himself from all obligations, including replacement and any types of compensation. The buyer undertakes to immediately pay the breeder ten times the cost of the kitten/cat.
27. The Owner has read and fully agrees that, according to the current rules of the cattery «Fire Stone» and according to the «Law on Consumer Protection» of Ukraine, purchased animals are not subject to exchange and return.
28. At the request of the Breeder, the Owner must provide a video of the animal. And video tracking (for animal identification) in clinics for research, including repeated ones, if the Breeder is unable to attend the survey personally.
29. All kittens that are sold as pets will have documents marked «not for breeding.» Documents will be stored with us until sterilization confirmation is received