This is from the website Zizzo set up in Oct, 2004 to sell her kittens using Lowry's contract again! AFTER being kicked out of CFA for animal welfare charges & behavior detrimental to the cat fancy! And more than a year and half after attacking this same contract on her pcbs website. Shame on you again Zizzo for being a hypocrite!
You can actually see it archived here
http://web.archive.org/web/*/http://shardewcats4u.tripod.com
in particular on this page
http://web.archive.org/web/20021124084501/shardewcats4u.tripod.com/SharDewCats4u/id93.html
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And she says;
Buyer's do NOT ever sign a contract like this one ever!
What Lollimops Cattery has to say about
her own contract!
Our responses in pink.
"Verbatim" from Melanie Lowry 5/30/03
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LolliMops Cattery
Purchase Contract
[in red below] This is to certify
that_________________________________________________________ |
Lets review this fraudulent contract Yes, let's do! And of course she has a degree in contractual law! NOT!
Yes the buyer should, since ultimately the breeder is responsible for that cat/kitten and should always know where the cat/kitten is. Also consider that this may be a breeding that the breeder has worked on for years and may not want the cat in a particular cattery, home or shelter.
This is an option but still remains the choice of the breeder. And here it is in her contract! 2. Under NO circumstances will this cat/kitten be sold, leased, or given away, without sellers written permission. This cat/kitten will not be sold or given to any research facility,pound, pet shop or similiar facility. (Initials)_____
Decreed by her royal Highness Zizzo And please explain why this is any of her business. Why is each breeder not allowed to decided how they want to offer their kittens and run their cattery?
And most breeders do this and offer the cat for the cost of the spay/neuter! What about offering a very good "breeder" cat to another breeder?
Says who? Her Royal Highness Zizzo again? Dictating to the world once again what she thinks is right, not allowing for the freedom of choice that she demands for herself! If the kitten is purchased as a pet then they paying a reduced price are not buying the papers unless they decided that they want them.
NO they are NOT! It is the "except as stated herein" clause that she cannot understand, having missed that day in school! OK...let us clarify that for her. Except stated , which means it has already been stated somewhere else..."herein" means in this document.... this phrase means that the warrantee has already been stated somewhere else and there are no other offerings except those already stated. Did we state that clear enough for Zizzo's brain to comprehend?
How can one warranty show quality when one has no idea how the cat will be presented, how it is cared for or what could happen to it to end it's show career? Like a broken tail etc? What does "POTENTIAL" mean? Must have missed that day too! Although she uses that word frequently. 2. potential verb form: a verb or verb form that expresses possibility
Latent FIP? Does the contract say that? Where? Since all cats carry this virus and there is no test for FIP, the breeder would know this how? HMMMMMMM, look at this 7. This cat/kitten is being offered in good faith, to be clean, to be in good health, without any disease to the best of the breeder's/seller's knowledge. (Initials)______ and this! Isn't 48 less than 72? 8. Purchaser shall have this cat/kitten examined by a veternarian within 48 hours of purchase at purchaser's expense. (Initials)______
The
Pet Lemon Law says that a breeder is responsible for 14 days from the time
the kitten leaves the breeder's premises. So this warranty far exceeds that.
And Zizzo is an expert on when most diseases surface? She is far from a
reputable breeder, and most breeders will not replace kittens that die of
anything but FIP within a year, where there are other cats, since most
disease will manifest within 14 days. A very young kitten with FIP will
usually die before 6 months of age. The reasons Zizzo's kitten was not
replaced are many but here are four reasons; And why cannot the breeder decide for her/him self how long he wants to warrantee his kittens for? And why did she sign this agreement if she didn't like it? Once you sign something, that means you agree and will comply. If you don't read it first you cannot go back claim ignorance. c]Necropsie should be obtained from the buyer's own veterianarian's period! The
reasons a necropsy should come from anywhere but the buyer's own vet are
many, but what about; Here is another thought, what if the vet caused the death, he will not execute a necropsy which will show he is at fault! And here is Zizzo's health guarantee, she offer's none for health only a genetic guarantee. She states that the purchaser has 48 hours to have the cat/kitten vet checked but does not offer a resolution if there is a problem. Why Zizzo do you not offer a health guarantee?
9. If the cat/kitten suffers a genetic problem that leads to its death prior to two years of age, the seller will replace [upon availability] the kitten upon verification from the purchaser's veterinarian. With an necropsy reporting, it infact, is a genetic problem.(Initials)_______
This
clause is totally beyond belief & the most deceptive & fraudulent clause I
have ever read or heard of. This clause keeps your money in your
hands and your golden goose. But not anymore. Buyer's always have a
dog or cat in their homes way before they purchase another pet. And what
about if you have to go to the vet and you brought your dog/other pets
there, that makes your contract null & void to the buyer? HA! We hardly think Ms. Lowry is supporting CFA! What is a livihood? Doesn't this strike you as a
little over the edge of reason? Look at this clause in her contract, something she paid no attention to and did not follow. NOTICE: It is important to isolate your new kitten for a few days and NOT bring it into immediate contact with other animals, cats or dogs.(Initials)_____
If it doesn't suit their home? What does this mean? What about the kitten's emotional trauma at not being wanted, and losing it's home. What about the kitten's feelings? AH, but she cares nothing for the cat/kitten, that should be painfully aware, after all she callously dumped her's at the pound!. What about disease exposure from other cats that could be brought back into the cattery to the breeder's kittens?
The buyer should not buy a cat that they do not want, we need some buyer responsibility here. The purchase of a living thing is a commitment for LIFE! Not something to be tossed away on a whim! Let's examine her clause,
11.THERE WILL BE NO REFUNDS WHATSOEVER FOR ANY REASON! (Initials)_____
What does "good faith" mean? It means that by placing a deposit you promise to follow thru, which is good faith! Trust! The breeder may have lost a sale and this money goes towards placing another ad, time invested in showing the kitten again, and housing and food and compensation for costing the breeder time and money. The buyer should receive a full refund or the option of getting another kitten IF for some reason the kitten is not able to go to it's new home. BUT if the buyer just changes their mind then the deposit is forfeited, or why have a deposit? BUT once again let's look at her contract, and she makes you initial it! HMMMMMMMMMMMM
12. PLACING DEPOSIT: When purchaser places a deposit for any amount, this is non-refundable. So make sure you are 100% absolutely sure before you place your deposit towards cat or kitten.(Initials)______
Here we go again! Is she really to stupid to not get this? What does "except stated as herein" mean? See above!
15. Seller makes no warranties as to health, show quality, record or future
breeding potential
No it means that the breeder cannot be responsible for something that she/he does not physically have her hands on. Like if the cat jumps out the car window on the ride home! And how do you like this one? The prior contract will be null and void? So once again, her word is no good?
And look at this, shouldn't this just be included in the price of the kitten? But then Zizzo is known for being very cheap!
Remember this contract was put up on her new
site in Oct '04, more than a year after she wrote the diatribe slamming Ms.
Lowry's contract! |