discount Terms – Brushy Kreek Coons

General Terms

These terms and conditions constitute the purchase agreement for the cat or kitten purchased. The terms apply to your purchase of a kitten from BK Ventures LLC dba Brushy Kreek Coons 6927 Hwy 17, Houston, MO 65483.

By placing a reservation fee on a kitten purchased as a pet with 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.

The purchase price of the kitten does not include applicable sale tax (6.475% in Texas County, Missouri). 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 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 may be made online with credit/debit card.
The remaining balance must be paid on or before time of pick up (listed in the kitten description when purchasing). Payment for the remaining balance may be paid via 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 in person at pick up. If the kitten is being delivered to the Buyer, the kitten must be paid for before the kitten leaves for delivery. If paying by cash in person, exact payment amount must be paid, no change will be given. The purchase price does not include sales tax nor does it include delivery/transportation costs.
Transfer of the kitten. Until the kitten is paid for (or arrangements made) 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, 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.
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 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.
Rehoming. In the event the Buyer must dispose of or rehome the 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. This does not entitle the Buyer to a refund. The cost of transporting the cat/kitten back to the Seller is responsibility of the Buyer.
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 screened by a licensed veterinarian before transfer to the Buyer and have a Missouri Health Certificate.
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 free pet health insurance.
The kitten will have a 72-hour warranty for viral and bacterial disease.
The kitten will have a one-year replacement warranty for congenital and hereditary health defects that cause the cat to pass away. Specific conditions listed below. (Breeding warranty is different, see Breeder Warranty below.)
The kitten will receive a breeder slip that can be used to register your kitten with TICA. For kittens not intended for breeding, the breeder slip will be provided once proof of alter is received.

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 for the health warranty to be honored.
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 30 days of free pet health insurance provided to the buyer. If the Buyer chooses not to active the free health insurance, the entire health warranty is terminated and considered null and void.
It is highly recommended to keep health insurance beyond the first 30 days. As animals are living creatures that can get sick at any time.
To never declaw the kitten/cat.
To spay/neuter the kitten by 9 months of age.
To never mate the kitten (unless purchased for breeding). If the kitten is ever mated, and amount of $5,000 (above the sale price) is immediately due to the Seller.
The kitten is sold as an indoor pet only. The kitten must be harnessed or leashed when outside or have an enclosed area for outdoor play.
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 day to day and/or preventive care of the kitten are the Buyer’s responsibility.

Not adhering to any of the agreements above will terminate this health warranty agreement. If the kitten is ever mated, 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 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.

Not adhering to any of the agreements above will terminate this health warranty agreement and void all warranties.

Pet Warranty Details

If your kitten should pass away for ANY hereditary, congenital or unknown reason, (other than death resulting from preventable accidents or injuries, Buyer fault or neglect) within one year of purchase, we will replace the kitten with a similar kitten. (NECROPSY MUST BE COMPLETED).

2. There are no warranties for attributes out of the Seller’s control including, but not limited to: environmental diseases (such as Feline Leukemia), final weight & size of the cat, final coat color or condition, eye color, personality and behavior, or show placement of the cat/kitten.

3. 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. 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 exams as well as any other treatment records.

4. Warranty is outlined as follows:
First 72 Hours: 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 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.
At the option of the Buyer, instead of reimbursement, the Buyer may choose to return the kitten and receive a replacement kitten of equal value. The kitten must be returned to (or arrangements made with) Seller within 48 hours of diagnosis. The Buyer must provide to Seller, documentation from the veterinarian indicating the disease and course of treatment required within this 48 hours. The Seller has the right to require the Buyer to provide an authorization release to speak to the Buyer’s veterinarian directly. The Buyer must also notify pet health insurance carrier of transfer of ownership of the kitten back to the Seller. This can be done prior to or at the time of delivering the kitten back to the Seller. The cost of returning the kitten is at the Buyer’s expense.

Year 1: If the kitten should pass away from any hereditary, congenital, or idiopathic reason, the Seller will replace the kitten with one of equal quality so long as Buyer has met Buyer Obligations. Buyer must notify Seller within 48 hours of death to begin warranty claim process. The Seller shall be allowed 7 days after receipt of complete documentation to review the claim. The 7 day period does not begin until all requested documentation has been received. If more documentation is needed after reviewing received documentation, the Seller will notify Buyer what documentation is needed and the Seller shall have an additional 7 days to review subsequent documentation. Once the claim has been reviewed, the Seller will notify the Buyer of the result of the claim. If the Seller determines the claim is valid, the Buyer must return the kitten within 7 days of notification. The costs of returning the kitten are the responsibility of the Buyer. If a replacement kitten is not immediately available, the Buyer will be given priority for choice of the next available kitten of equal value. If the Buyer chooses a replacement kitten/cat, there is no reimbursement for any veterinary expenses.

5. Specific Warranty Exclusions: Our reimbursement warranty specifically excludes conditions that are not congenital, hereditary, or idiopathic. Examples of such as conditions are (not inclusive)- illness that is environmental in nature such as Feline Leukemia or Feline Immunodeficiency Virus; accidents; digestive related illness, including ingesting foreign objects; or periodontal disease.

6. If a kitten passes away during the warranty period, a necropsy must be completed to determine cause of death before replacement will be considered.

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

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

9. This warranty is in effect beginning the date of the sale and until 1 year has passed or the Brushy Kreek Coons cattery closes, whichever happens first. This warranty is not transferable to other owners. If the cat is resold, rehomed, not spayed/neutered by 12 months of age, or ever mated, the health warranty becomes null and void. Treatments for preventive and day to day care such as exams, vaccinations, parasite treatment are not covered.

10. 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 pay the value difference of the current sale price, less the warranty/reimbursement payments made to the Buyer.

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 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.
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 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 OFA recommends a retest, 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. 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

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 if 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 the Buyer is responsible for, including members and guests of the household.

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.

Recessive Disorder – A disorder that requires two copies of a gene for the disorder to present itself and affect the cat.