Here’s a draft for a Sales Contract that includes a clause explicitly prohibiting third-party sales and holding the purchaser liable for any damages
Sales contract
SACRED SPHYNX CATTERY KITTEN SALES CONTRACT
This Sales Contract ("Contract") is made and entered into on this ____ day of _________, 20 ("Effective Date") by and between Sacred Sphynx Cattery ("Breeder") and the undersigned purchaser ("Purchaser").
1. PARTIES
Breeder: Sacred Sphynx Cattery
Purchaser: __________________________________________
(Full Legal Name)
2. PURPOSE
This Contract establishes the terms and conditions for the purchase of a Sphynx kitten ("Kitten") from Sacred Sphynx Cattery. The Purchaser affirms that they are purchasing the Kitten for their own personal care and ownership and not on behalf of, or for transfer to, any third party.
3. NO THIRD-PARTY SALES
a) Direct Ownership Requirement: The Purchaser agrees that the Kitten is being purchased solely for the Purchaser’s personal care and ownership. The Purchaser is prohibited from transferring, selling, gifting, or otherwise providing the Kitten to any third party without the prior written consent of the Breeder.
b) Misrepresentation: If it is discovered that the Purchaser has misrepresented their intent by purchasing the Kitten for a third party without the Breeder’s knowledge and written approval, this shall constitute a breach of contract.
4. DAMAGES AND LIABILITY FOR MISREPRESENTATION
In the event that the Purchaser misrepresents their intent or transfers the Kitten to a third party in violation of this Contract, the Purchaser agrees to the following terms:
Financial Liability: The Purchaser shall be held financially liable for any damages, including but not limited to:
All veterinary care costs related to the health and well-being of the Kitten. Any legal fees incurred by the Breeder in enforcing this Contract or reclaiming the Kitten. Any costs associated with retrieving or rehoming the Kitten.
Immediate Repossession: The Breeder reserves the right to immediately reclaim the Kitten without compensation to the Purchaser if the Purchaser breaches the terms of this Contract regarding third-party sales. The Purchaser agrees to fully cooperate in returning the Kitten to the Breeder at the Purchaser’s expense.
Liquidated Damages: The Purchaser agrees to pay a penalty of $_______ (to be determined by the Breeder) as liquidated damages for any violation of the no third-party sale provision.
5. HEALTH GUARANTEE
The Breeder guarantees that the Kitten will leave the cattery fully protected from the three main feline diseases and in good health. The Purchaser is required to provide regular veterinary care and maintain the Kitten’s health following the guidelines provided by the Breeder.
6. RETURN POLICY
If the Purchaser is unable or unwilling to care for the Kitten for any reason, the Kitten must be returned to Sacred Sphynx Cattery. The Purchaser agrees not to sell, transfer, or rehome the Kitten without the Breeder’s prior written approval.
7. GOVERNING LAW
This Contract shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any disputes arising under this Contract shall be resolved in the appropriate courts within the State of Minnesota.
8. ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the Breeder and the Purchaser and supersedes all prior agreements or understandings, whether written or oral. Any modifications to this Contract must be in writing and signed by both parties.
9. SIGNATURES
By signing below, the Purchaser acknowledges that they have read, understood, and agree to the terms and conditions outlined in this Contract.
Purchaser’s Name: _______________________________
Signature: ___________________________ Date: ____________
Breeder’s Name: Charlotte Steenberg (Sacred Sphynx Cattery)
Signature: ___________________________ Date: ____________