TERMS OF SALE / SALES CONTRACT FOR LIVESTOCK
For purposes of this agreement:
- “livestock” refers to any living animal under sale at The Royal Pets, including dogs (and/or puppies), cats (and/or kitten), cattle (and/or calves), pigs (and/or piglets), goats (and/or pigs), fish (and/or fingerling), rabbits, guineapigs, and any other live animal on sale that may not be listed here.
- The Royal Pets shall be referred to as the ‘seller’
- ‘The ‘buyer’ Shall refer to the Purchasing party, person, customer, company or their representative.
UPON PAYMENT of the sums of money agreed upon for each transaction, and paid by Buyer to Seller (the “Purchase Price”), receipt of which is hereby acknowledged, Seller grants, sells, conveys and transfers ownership of the livestock (the “Livestock”) to Buyer:
The parties accept and agree to be bound by the attached Terms and Conditions governing the purchase and sale of the Livestock.
TERMS AND CONDITIONS
- Deposit, Payment of Purchase Price, Fees
Buyer MUST pay a deposit of the agreed sum in the agreed currency (Kenya Shillings or US Dollar), with payment of the balance of agreed, due upon release of the Livestock to Buyer. The expected delivery date is within 90 days, or such other date as the parties may mutually agree. Payment of the balance may be made by cash, cashier’s check, money order, or Bank Transfer (3% surcharge applies). Buyer acknowledges and agrees that Buyer will forfeit the any rights to the Livestock if:
|Buyer fails to complete the purchase of the Livestock for any reason, or|
Buyer fails to pay the Full Deposit agreed upon within 14 days of the agreed delivery date.
In either event, Seller shall be free to sell the Livestock to another party.
In the event that the Livestock is not available due to sickness, death, or any other circumstance owing to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either (i) refunded in full, or (ii) transferred to the next litter of offspring (as agreed upon by both parties).
A boarding fee of KES 500 per day will be charged for each day the Livestock is boarded by Seller past the agreed delivery date.
- Transfer of Ownership and Registration
Upon payment in full of the Purchase Price, Seller (at Seller’s sole cost) shall promptly take all actions required to officially transfer ownership and registration (if any) of the Livestock to Buyer.
- Seller’s Representations and Warranties
Seller represents and warrants to Buyer that:
(a) Seller is the legal and true owner of the Livestock and that Seller has full right and authority to sell the Livestock.
(b) The Livestock is being sold free and clear of any lien, security interest, charge or other encumbrance.
(c) The Livestock is in good health and free of communicable diseases at the time of this sale. Buyer has 2 days from the delivery date to have the Livestock examined by a licensed veterinarian, at Buyer’s sole cost. If the Livestock fails the examination, Buyer may return the Livestock, with a written statement from the veterinarian, for a full refund (refundable within 90 days).
Failure by Buyer to have the Livestock examined within the 2 day period will nullify this warranty. If Buyer chooses to keep the livestock, no replacement will be given and all medical costs and treatment are sole responsibility of the Buyer. This health guarantee will be null and void.
(d) This Guarantee does NOT cover Cherry eye, Entropion, Ectropion, Allergies, undescended testicles, loose knees or hips, Stenotic nares, elongated soft pallet, umbilical hernia, dermatitis, demodetic mange. Seller will NOT replace a livestock due to heat stroke, abuse/neglect, or improper socialization.
Buyer agrees that they have thoroughly researched the Breed of interest in this purchase agreement breed, and understand the many health issues they can possess. Buyer is responsible for all medical costs of their livestock. (No refunds will be given) This guarantee covers only the original Buyer and is not transferable.
(f) To ensure that Buyer does not euthanize the Livestock or take it to an animal shelter, Seller will take the Livestock back at any time during the Livestock’s lifetime. Seller will not issue a refund or provide another Livestock to Buyer unless the Livestock’s return was a result of any misrepresentation on the part of Seller with respect to the Livestock’s health.
- Fitness of Purpose
The Livestock was bred as a companion animal, and Seller does not provide any warranty as to the Livestock’s fitness for any specific purpose, including obedience trials, show ring performance, and/or breeding purposes.
- Buyer’s Representations
Buyer represents to Seller that:
(a) Buyer will have the Livestock spayed or neutered not earlier than the age of six months (if livestock is NOT meant for breeding purposes).
(b) The Livestock will reside with Buyer as companion pet to Buyer and Buyer’s family.
(c) Buyer will keep the Livestock in an enclosed area of adequate size, under humane conditions, and will not allow the Livestock to roam at will.
(d) Buyer will provide the Livestock with nutritious food and necessary veterinary care, including de worming, heartworm prevention and regular vaccinations (including rabies).
(e) Buyer is not acting as agent for any other person or business in the purchase of the Livestock.
(f) In the event Buyer sells the Livestock to a new owner, Buyer shall ensure that the new owner agrees in writing to comply with the terms of this Agreement.
- Indemnity and Release
If any action or failure to act on the part of Buyer shall result in any claim, suit, loss, damage, injury, death, or liability, Buyer agrees to defend, indemnify, and hold Seller harmless and to pay all of Seller’s costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Livestock after placement with Seller, including but not limited to damage to or destruction of property, and injury to any person.
- Limitation of Action
Any action or claim brought by Buyer against Seller for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
- Entire Agreement
This Agreement represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in this Agreement.