terms of Sales – Brushy Kreek Coons

General Terms

This Kitten Purchase Agreement (“Terms and Conditions” or “Agreement”) is made between BK Ventures LLC, a Missouri Limited Liability Company, doing business as Brushy Kreek Coons (“Brushy Kreek Coons,” “We”, “Us”) and the individual purchasing the kitten pursuant to this Agreement (“Buyer” “You”, “Your”, “You’re”) and collectively with Brushy Kreek Coons, (the “Parties”) or the purchase of a kitten or cat identified by the Parties on the order from the Brushy Kreek Coons website, www.missourimainecoons.com, (the “kitten”, “cat”). The terms apply to all sales, including items purchased for kittens (“Products”) from Brushy Kreek Coons 6927 Hwy 17, Houston, MO 65483.

The kitten is sold as-is, and, other than expressly set forth herein or in the Pet Warranty or Breeder Warranty, the terms of which are incorporated herein in Pet Warranty Details and Breeder Warranty Details sections below, Brushy Kreek Coons makes no representations, warranties, covenants, agreements, or guarantees including, without limitation, those relating to disposition/temperament, conformation, size, weight, eye color (except for kitten sold as blue eyed), coat color, or markings of kittens.

By placing a reservation fee on a kitten purchased from Brushy Kreek Coons you agree to be bound by these terms which you agree you have read and understand.

When bringing a kitten home, you understand that there will be a need for regular veterinary visits and you are responsible for all costs associated with such veterinarian visits as well as all costs of raising the kitten.

The purchase price of the kitten does not include applicable sale tax (6.475% in Texas County, Missouri) or delivery/transport costs. Sales tax does not apply when the kitten is being delivered/transported to owners outside the State of Missouri. Sales tax does not apply for sales of kittens intended for breeding.
A reservation fee is required to reserve and hold the kitten. The Buyer understands this fee is a holding fee for the kitten and is non-refundable unless the sale is cancelled by the Seller (for example due to not being able to deliver the kitten). Payments for the reservation fee will be made via payment online with credit/debit card. Kittens are not guaranteed to be held until a reservation fee has been paid. If the reservation fee is returned or charged back to Brushy Kreek Coons, the kitten will no longer be held and will be made available for sale to others.
The remaining balance must be paid on or before the Pick Up Date (listed in the kitten description when purchasing). Payment for the remaining balance may be paid via personal check if received at least two weeks prior to go home date. Payment for the remaining balance may also be paid by cash or cashier’s check (payable to Brushy Kreek Coons) in person at pick up. If the kitten is being delivered to the buyer by a third party transport service, the kitten must be paid for before kitten leaves for delivery. If the kitten is being delivered by our cattery, the delivery fee must be paid before the kitten leaves the cattery. The remaining balance for the purchase price may be paid when our cattery delivers the cat. If paying by cash or cashier’s check, a cash discount will apply. The amount of the discount will be noted on the kitten description and on the final invoice.
Transfer of the kitten. Until the kitten is paid for and picked up by the Buyer or Buyer designee or delivered to the Buyer or Buyer designee, the kitten belongs to and is the responsibility of the Seller. Once the kitten is paid for and picked up by the Buyer or Buyer designee (or delivered to Buyer or Buyer designee by Seller), the kitten belongs to and is the responsibility of the Buyer or Buyer designee.
Pickup. The kitten is expected to be paid for and picked up by the pickup date listed in the Kitten Description. If the Buyer needs additional time to pick up the kitten, the Seller will allow up to one week additional time as long as the kitten is fully paid for by pick up date in the description. If the Buyer needs time beyond the additional one week, a daily boarding fee of $25 shall apply. The kitten will be held for one additional week with the daily boarding fee being payable at pick up of the kitten. If the kitten is not picked up after this additional week, the Buyer will forfeit the kitten, and the kitten will be made available to someone else. If the kitten is not paid for by the Pickup date in the description, the Buyer will forfeit the reserved kitten and the reservation fee paid to that point. The kitten will then be made available for sale to someone else. If for any reason, the kitten is not ready to be picked up by that date due to health of the kitten or other circumstance of the Seller, the Seller will notify Buyer as soon as practical and arrange for an alternate pickup date. If the Buyer is purchasing airline tickets to pick up the kitten, we HIGHLY recommend purchasing refundable tickets in the event the pickup date must be changed for any reason. We are not responsible for cost of transportation (including any airline or other travel fees) if pick up date must be changed due to health of the kitten. A health certificate will obtained once a pick up date has been agreed upon. Health certificates are valid for 10 days. Once the health certificate is obtained, the kitten must be picked up within 10 days, or the buyer will be responsible for the cost of a new health certificate and associated exams/testing for the health certificate.
Shipping/Transport. The purchase price of the kitten does not include shipping or transportation to deliver the kitten. The Buyer may pick up the kitten in Houston, MO or arrange for third party transport or arrange for the Seller to deliver the kitten to an agreed upon location. The cost for delivery is in addition to the purchase price. The Seller may agree to meet the Buyer at a location other than Houston, MO to deliver the kitten, however, there will be additional fees for this service. The amount of the fee will depend on the meeting location. Fees for delivering a kitten by airplane, in cabin, must be paid before flights are booked. Until the delivery fee is paid by Buyer, the fee amount is subject to change due to changing flight prices. If you need delivery of your kitten, you must contact us before reserving your kitten to ensure we can schedule delivery. We are not responsible for lost fees, including the reservation fee, due to not being available to schedule delivery by the Go Home date. If the Buyer wishes to use a third party transport service for delivery, the Buyer is responsible for arranging such services and is responsible for the cost of such services.
Cancellation of Sale. If the Buyer chooses to cancel the sale before the kitten has received his/her health certificate and has left, the Buyer will forfeit the Reservation fee and the kitten will be made available for sale. If the Buyer cancels a sale after the kitten has received his/her health certificate and/or has begun traveling, the Buyer will forfeit the Reservation fee, and in addition, the Buyer is responsible for the health certificate fee, travel fee, and an administrative fee up to $500.00.
Rehoming. In the event the Buyer must dispose of or rehome the above-described kitten at any time after the sale and cannot find a suitable home, Buyer may notify Seller, and Seller will take the cat/kitten back. The return of the kitten is considered a surrender of the kitten with no refund or credit. The cost of transporting the cat/kitten back to the Seller is responsibility of the Buyer.
No returns for monetary refund. Brushy Kreek Coons will not accept any returns of the kitten for monetary refund for any reason including, without limitation, allergies, landlord/tenant restrictions, marital issues, health issues, kitten adjustment problems or any other reason.
No Warranties for merchantability and fitness. Brushy Kreek Coons further specifically disclaims any liability related to the appearance, temperament, personality, size, weight, eye color, coat color, compatibility with breed standards or DNA test results claiming the breed determination of any kitten. Brushy Kreek Coons does not warrant the accuracy or completeness of Products.
Confidentiality. All customer information is kept confidential. While we have the right to use any photos or videos provided to us of the kitten/cat in any way, we will keep all customer personally identifiable information, such as name and address, confidential.
Applicable Law. To the extent permitted by law, this Agreement shall be construed in accordance with and governed by the laws of the State of Missouri. Should any disputes arise, jurisdiction shall remain in Texas County, Missouri.
Severability. The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. If possible, any unenforceable or invalid clause shall be modified to show the original intention of the parties.

Seller Obligations

The Seller agrees to the following upon the transfer of the kitten:

The kitten will be examined by a licensed veterinarian at least once before transfer to the Buyer.
The kitten will have received age-appropriate vaccinations and deworming, with copies of such records provided to the Buyer.
The kitten will be microchipped.
The kitten will be provided with 30 days of health insurance at no cost to the Buyer.
The kitten will have a 72-hour warranty for viral and bacterial disease.
The kitten will have a seven-year warranty for congenital, hereditary, and idiopathic health defects that cause death to the kitten. (If the kitten is intended to breed, the Breeder warranty is different, see Breeder Warranty below.)
The kitten will receive a breeder slip that can be used to register your kitten with TICA once proof of spay/neuter is received. Kittens with breeding rights will receive breeder slip at time of pick up.

Buyer Obligations

The Buyer agrees to the following upon transfer of the kitten:

To provide an appropriate environment to promote the overall health, safety, and well-being of the kitten. This includes providing fresh water at all times, high quality food, and ample play and rest area for the kitten, and maintaining the kitten/cat at a proper weight. This also includes keeping foreign objects out of the kitten’s reach that it may swallow or digest.
The Buyer must feed a commercially made quality diet that meets AAFCO requirements as found on www.aafco.org.
Buyer must seek timely health care as needed for the kitten/cat.
The Buyer must have a veterinary exam of the kitten within 72 hours of transfer (at Buyer’s expense) or the 72-hour viral/bacterial warranty is void.
To quarantine the kitten until the first veterinary appointment. While we require quarantine until kitten sees the vet, we highly recommend a quarantine time of at least two weeks.
To properly introduce the kitten to other animals in the home and provide appropriate supervision with other animals.
To activate the first 30 days of free pet health insurance provided to the buyer no later than 24 hours after date of sale.
To maintain pet health insurance for at least one year from the date of sale, from Trupanion, Pet’s Best, or other similar pet health insurance provider.
To never declaw the kitten/cat.
The kitten is sold as an indoor pet only. The kitten must be harnessed or leashed when outside or have an enclosed are for outdoor play.
To spay/neuter the kitten by the time he/she reaches 9 months of age, unless the kitten was purchased for breeding. We use a company called SpaySecure. SpaySecure uses binding contracts to ensure cat sterilization at a healthy age. They’ll follow up with you to provide advice and reminders, ensuring your kitten’s sterilization. The SpaySecure contract will come separately after you reserve your kitten. The SpaySecure contract must be signed before the kitten is picked up.
To have the kitten/cat examined by a veterinarian at least annually. In addition, the Buyer shall consult their veterinarian for any health questions regarding the health of the kitten in a timely manner.
To keep vaccinations and deworming current.
All veterinarian costs and other costs relating to the kitten to remain in compliance with this agreement are the Buyer’s responsibility

Not adhering to any of the agreements above will terminate this health warranty agreement, void all warranties, and release Seller of any obligation to the Buyer. Unless the kitten is sold with breeding rights, if the kitten is ever mated or not spayed by the time the kitten reaches 9 months old, in addition to warranty being void, an amount of $5,000 is immediately due to the Seller.

Buyer Obligations, Specifically for breeders

For kittens purchased with breeding rights, Buyer agrees to these terms listed below, in addition to the Buyer Obligations above:

The Buyer must review parent’s DNA and health results of the kitten’s parents (made available on our website) before purchasing. By purchasing a kitten for breeding, the Buyer understands the DNA and health results of the parents of the kitten purchased. Refunds or replacements are not made if Buyer is not happy with parent’s DNA report that was available to the Buyer before reservation fee is paid.
The breeder must complete all desired health testing before the cat is mated.
All veterinary costs, health testing, and breeding costs are the responsibility of the Buyer.
The Buyer must follow all veterinarian recommendations for health including diet, vaccination, deworming, and medication administration.
They Buyer may not sterilize the kitten without the permission of the Seller first, except in the event of a life threatening situation.
If any health issues arise that could effect breeding potential of the kitten, the Buyer must make the Seller aware right away.

Not adhering to any of the agreements above will terminate this health warranty agreement, void all warranties, and release Seller of any obligation to the Buyer.

Pet Warranty Details

The Seller warrants the kitten to be free of viral and bacterial disease for 72 hours after transfer of kitten. If the kitten is found to have a viral and/or bacterial disease by a veterinarian, the Seller will reimburse the Buyer reasonable cost of the treatment. Buyer must have kept the kitten quarantined until the first veterinary appointment. Buyer must notify Seller within 48 hours of diagnosis to begin claim process. Proof of cost must be provided with paid receipts from the veterinarian describing the condition and treatment of the kitten. If Seller determines cost of care to be unreasonable, the Seller has the right to seek second opinion of a veterinarian to determine reasonable cost and reimburse that rate. The Seller has the right to require the Buyer to provide an authorization release to speak to the Buyer’s veterinarian directly.
If your kitten should pass away from any hereditary, congenital or idiopathic reason, (other than death resulting from Buyer fault or neglect) within seven years of purchase, Seller will replace the kitten so long as the Buyer has met Buyer Obligations above. (AT DISCRETION OF SELLER, A NECROPSY OR VETERINARY REPORT MAY BE REQUIRED TO BE COMPLETED TO DETERMINE CAUSE OF DEATH).
In addition to the replacement warranty above, the Seller offers the following seven-year health warranty for reimbursement of insurance deductible for kittens for the specific covered congenital and hereditary conditions below that adversely affect the health of the kitten in a significant way, even if the kitten doesn’t pass away. This additional reimbursement warranty will be available provided the Buyer has maintained pet health insurance with a provider such as Trupanion, Pet’s Best, (or similar provider) past the initial free 30 days for the kitten and through the date the Buyer makes a claim for reimbursement. Covered conditions are outlined below: (Breeder warranty is different and outlined below in the breeder section)

Hypertrophic Cardiomyopathy (HCM)
Spinal Muscular Atrophy (SMA)
Polycystic Kidney Disease (PKD)
Pyruvate Kinase Deficiency (PKDef)
Gangliosidosis
Vitamin D-Dependent Rickets
Hyperoxaluria Type II
Congenital Adrenal Hyperplasia
Sphingomyelinosis (Niemann Pick Disease)
Cystinuria Type B
Hip Dysplasia, requiring ongoing medication for pain or requiring surgery.

4. If a kitten is diagnosed by a veterinarian and treated for any of the above conditions, the Seller will offer a one-time reimbursement to the Buyer the amount of the Buyer’s pet insurance deductible, up to $250.

5. Warranty will cover only the conditions above in the instance that the overall quality of life of the cat is threatened in a material way. Other diseases that may affect the cat, but which we cannot test the parents and/or kittens for are not covered for the reimbursement warranty. Diseases or disorders (including those listed above) that do not threaten the overall quality of life of the kitten are not covered.

6. There are no warranties for attributes out of the Seller’s control including, but not limited to: environmental diseases (such as Feline Leukemia or Rabies), accidents, preventable illness or injury (such as swallowing an object), or illness or injury resulting from Buyer not meeting Obligations listed above.

7. In all instances of the warranty claims, the Buyer must provide all requested documentation to the Seller. If the Buyer cannot (or refuses) to provide complete medical history of the kitten/cat, and any health insurance claims information, the warranty will be terminated and will be null and void. All documentation provided must clearly identify the kitten, including microchip number; the attending veterinarian; as well as diagnosis and treatment given. For reimbursements, paid receipts must be provided to the Seller. The Buyer will be required to provide an authorization release for the Seller to obtain complete veterinarian and health records from the Buyer’s veterinarian(s) which would include annual wellness exams as well as any other treatment records. For claims not deem valid by the Buyer’s health insurance provider, there is no further recourse.

8. Specific Reimbursement Warranty Exclusions: Our reimbursement warranty specifically excludes conditions that are not listed above in paragraph 3 of the Pet Warranty Details. Examples of such as conditions are (not inclusive)- illness that is environmental in nature such as Feline Leukemia or Feline Immunodeficiency Virus; illness that we cannot test parents for predisposition, such as FIP; accidents; digestive related illness, including ingesting foreign objects; periodontal disease; or cancer.

9. Shipping and Transportations costs are excluded from the warranty.

10. This warranty also excludes cost of veterinary care, food, supplements, training, grooming, cleaning and other costs of owning and raising a kitten.

11. This warranty is in effect beginning the date of the sale and until 7 years has passed or the Brushy Kreek Coons cattery closes, whichever happens first. This warranty is not transferable. If the cat is resold or rehomed, the warranty becomes null and void. Treatments for preventive care such as exams, vaccinations, parasite treatment are not covered.

12. The total liability of the Seller shall in no case exceed the purchase price of the kitten. If Buyer chooses a replacement kitten after some prior warranty claim has been paid by the Seller, the Buyer will be required to repay the warranty reimbursement payments made to the Buyer previously.

Breeder Warranty Details

The Seller offers the following health warranty for breeding kittens. Breeding cats have up to a two year warranty due to commercial intent of the kitten. The Seller will warrant the breeding cat for all of the conditions listed in Pet Warranty details paragraph 3.

In addition to the Pet Warranty details, the Seller will warrant the kitten to have the necessary health, correct anatomical parts and required hormones to accomplish reproduction. The breeder warrants the kitten will be able to mate by the time the kitten is two years old and have at least one litter of kittens. A litter is defined as at least two kittens born alive. If the queen has only one kitten born alive in the first litter, the Buyer must attempt a second litter with at least one more kitten born alive before requesting replacement.

2. The kitten is guaranteed to be able to pass health testing of genetic DNA (as tested by Wisdom Panel), echocardiogram, and hip dysplasia to be able to be bred, as listed below.
For DNA testing, the kitten will be guaranteed of the following.

To have zero copies of the MYBPC gene for HCM.
To have no more than one copy of the gene for SMA. (This is a recessive disorder.)
To have no more than one copy of the gene for PKDef. (This is a recessive disorder.)
To have zero copies of genes for any other Autosomal Dominant disorder that affects Maine Coons and that can be tested for by Wisdom Panel at the time of sale.
To have no more than one copy of genes for Recessive Disorders that affect Maine Coons and that can be tested for by Wisdom Panel at the time of sale.

For echocardiogram the kitten is guaranteed to have a result of “Normal.” If tests are inconclusive (equivocal) or a retest is recommended, a retest must be completed before replacement is made.

For hip dysplasia testing, the kitten is guaranteed to have a result of “Normal”, from OFA, either as preliminary or certified. If tests are inconclusive or a retest is recommended, a retest must be completed before replacement is made.

3. For all other health issues, the Buyer must make an effort to treat the cat first. For example, Open Pyometra is considered treatable. Effort must be made to treat the Open Pyometra before replacement is offered.

4. If a cat is unsuccessful at obtaining or maintaining pregnancy, the Buyer must have sufficient testing completed to rule out bacterial and/or viral infections. If the cat does have a bacterial and/or viral infection, the infection must be treated before breeding.

5. If no infection or other infertility explanation can be found, the Buyer must attempt to mate the cat with at least two different, unrelated, proven males before requesting replacement. Proven means the males must have documentation of siring at least one other litter that was born to term and born alive.

6. They Buyer may not sterilize the cat without permission of the Seller, unless there is an emergent life threatening situation.

7. This health warranty specifically excludes the following:

If the cat develops any preventable health condition, such as bowel obstruction due to swallowing foreign objects.
Conditions or breeding issues as result of obesity or malnourishment.
Accidents
Guarantee as to a specific number of litters or number of kittens in each litter, except that the breeder guarantees a minimum of two kittens born alive.
Guarantee as to specific gender and color of kittens born
Guarantee as to breeding potential or show potential of kittens produced.

7. The Breeder Warranty is effective from the date of sale and until two years have passed, or the cat is mated, or the Brushy Kreek cattery closes, whichever happens first.

Replacement Kitten process

If Buyer chooses a replacement kitten due to a covered health issue of a kitten, the following process applies after the Seller has reviewed documentation and approves replacement.

The Seller will notify the Buyer when a similar kitten is available via email to the email address that was provided to the Seller at the initial reservation/purchase of the first kitten. If the Buyer’s email address changes after your initial purchase of a kitten, it is the Buyer’s responsibility to notify Seller.
If Buyer does not respond to the email or does not notify the Seller with their decision of whether they accept the available kitten within 1 week of the email being sent, the Buyer forfeits their option of a replacement kitten and Warranty is considered terminated and Seller is released of any further obligations to the Buyer. The Seller may send a reminder email as a courtesy, the reminder email is not mandatory. In addition, the reminder email does not extend the time the Buyer must respond to or decide about the kitten.
If a similar kitten is immediately available, the Buyer must accept that replacement kitten. If the Buyer refuses to accept kitten, the Warranty is considered terminated and Seller is released of any further obligation to the Buyer.
If a similar kitten is not available, the Buyer will be given the opportunity to pick a similar kitten in the next available litter. If Buyer refuses to accept the offered kitten from the next available litter, the Warranty is considered terminated and the Seller is released of any further obligation to the Buyer.
The replacement kitten must be picked up within 7 days of acceptance (or the kitten available Go Home Date, whichever is later)
The Seller is not responsible for transportation costs for Buyer to pick up the replacement kitten.
If the Buyer rehomes, surrenders, or resells the kitten that is being replaced, without express Seller permission, the Warranty is terminated and Seller is released of any further obligation to the Buyer.
If a kitten passes away before replacement can be made, a necropsy must be completed or replacement will not be made.

Definitions:
Veterinarian – a person qualified and duly licensed by his/her state to treat diseased or injured animals.
Quarantine– to isolate the cat/kitten from other pets and animals in the household or home.
Buyer Fault or Neglect – any negligence, action, failure, non-performance or non-compliance by the buyer or buyer’s representative or anyone for whom they are responsible, including members and guests of the household that causes or could cause harm to the kitten/cat.
Date of Sale-The date the kitten is pick up or delivered to the Buyer. If delivered to the Buyer by a third party transporter, the date is the date the kitten leaves our cattery is delivered to the third party transporter.
Similar kitten – A kitten in similar coat color, eye color, and gender. While pattern markings and eye colors cannot be exactly duplicated, the Seller will make every effort to offer kittens that are as close in appearance to the original kitten purchased as possible.
Autosomal Dominant Disorder- A disorder that requires only one copy of a gene for the disorder to present itself and affect the cat.
Recessive Disorder – A disorder that requires two copies of a gene for the disorder to present itself and affect the cat.