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

 
                                               Deo Favente' Himalayan &
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Deo Favente'
This is to certify that__________________________________________________ Address________________________________________________ City_______________________ State_____________________ Phone________________________ Zip Code_________________
Has purchased a: [Cat] or [Kitten]~~
[Date of Birth:]_________________ Breed__________________ Spay_______Neuter_______Whole________ Color_______________________Male______Female______ Sire:_________________________________________________ Dam:___________________________________________________
Full Papers: Yes____ No_____
Breeding Rights: Yes___ NO____ Pin #_______
Agreed Price $_________

Purchaser agrees to the _following conditions of sale:

1. Adequate indoor facilities will be provided and this cat/kitten will not be allowed to roam outside. (Initials)______

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)_____

4. This cat or kitten was purchased for: Show____ Breeding____Pet____ (Initials)_____

5. If purchased as a PET, [purchaser] agrees to pay for in advance neuter or spay this cat/kitten before its left the breeders home. (Initials)_____

6. This cat/kitten may only be shown with the written permission of the seller Yes___ No____. (Initials)______

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)______

8. Purchaser shall have this cat/kitten examined by a veternarian within 48 hours of purchase at purchaser's expense. (Initials)______

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)_______

10. Seller reserves the right to have up to six months, more or less to furnish a replacement of equal value to seller.(Initials)_________

11.THERE WILL BE NO REFUNDS WHATSOEVER FOR ANY REASON! (Initials)_____

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)______

13. Purchaser has read about product information & feeding instructions & agrees to follow all feeding instructions to the letter. (Initials)________

14. Purchaser has been instructed that the kitten has been raised on Nutra Nuggets (green bag). Any attempt to change the diet is not recommended because it can cause intestinal problems that can be life threatening.(Initials)_____

I use raw beef ground meat,,chicken hearts & livers. Please DO NOT FEED THIS KITTY, CAN CAT FOOD! Please READ what is in the our cat food! (Click Here) If done it must be done gradually and breeder will not be responsible for any resulting diarhea or other problems. (Initials)________

15. Other conditons__________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ (Initials)________

16. Vaccines Panluekopenia,, Calici, Rhinotrachietis, Chlamydia Psittaci by: Fort Dodge,killed (4 in 1) 2 series of shots, 3-4 weeks apart. Shots:............See Enclosed Health Record

17. UNDER NO CONDITIONS WHATSOEVER are these kittys to be allowed outside unsupervised to roam free. This kitty will be kept indoors at all times on a leash or in an enclosed patio, so they are always protected from the outside dangers that could harm them.[Initials]____________

Signature of both parties are then in 100% total agreement & indicates full agreement and approval of all above conditions: Purchaser_____________________________________ ___________________________________________________________ Date_______________ Seller________________________________________ ______________________________________________ Date________________

IMPORTANT NOTICE: Scoopable litter is not recommended. Walmart Specail Kitty red bag litter is used here.(Initials)_____

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)_____

SPECIAL NOTICE: If there comes a time you can not keep your kitten/cat , for whatever reason,you can return it to me, either by shipping it, or bringing it to me, with shot record and cfa registration/ and or spay/neuter certificate. Please know you have this option.You can contact me at: deo_favente@yahoo.com(Initials)______

SPECIAL NOTE ...... To find out the closest store for the dry food Nutra Nuggets call:1-800-342-4808 or 1-800-544-3959 go to the web site @ http://www.nutranuggets.com

MY POLICY: I reserve the right to refuse to sell any kitten or cat on my site at any time, & prior contracts signed would be null & void.(Initials)______

Ask Me for the Product & Food Instructions for your kitty !

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



 

  • "My contract is NOT my handiwork...

     
  • But standard in the industry, used by other breeders, and given to me by other breeders...

     
  • if you were an ethical breeder you would know that....

     
  • may I suggest to you that go reading contracts on other websites........
  • most of the contract came out of Nels Pederson's book...Feline Husbandry...he is,
  • in case you do not know...head of feline studies at UCDavis...
  • and that particular clause absolutely came from his book.....ta da..."




 

LolliMops Cattery

 


 

Purchase Contract


 

DEAR POTENTIAL BUYER'S.......DO NOT SIGN ANY CONTRACTS
WITH CLAUSES LIKE THIS IN IT !

[in red below]

This is to certify that_________________________________________________________

Address__________________________ ________ City __________________

Phone___________________________ Zip ___________ E- mail________________

Has purchased a: cat ___ kitten ___ Date of Birth ________________________

Breed____________Color_______________________ Male___Female___

Sire_______________________________________________________________________

Dam______________________________________________________________________

Full papers: yes__no__ breeding rights: yes__no__

Agreed price $__________

Purchaser agrees to the following conditions of sale:


1. I, the purchaser guarantee that adequate indoor facilities will be provided and this cat/kitten
will not be allowed to roam outside.

2. If this cat/kitten is found to be in ill health, or kept in unsanitary condition, purchaser will
surrender cat to seller immediately and unconditionally.

3. I, the purchaser guarantee that 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 similar facility. Seller has first right of refusal.

4. This cat/kitten was purchased for: Show ___Breeding___Pet___

5. If purchased as a pet, purchaser agrees to neuter or spay this cat/kitten by the age of six
months, or if an adult, within 10 days, and guarantees not to breed this cat.

If the seller does
not receive proof of spay/neuter from the purchaser's vet by this date purchaser owes an
additional $1,500.00 to seller for breeding rights, and $1,000.00 per litter sired or bred.
If
purchased as a breeder, no whole kittens/cats maybe sold for breeding in the area known as
CFA's region 5.

6. This cat/kitten may only be shown with the written permission of the seller.

7. Seller agrees to provided pedigree and registration papers for cats/kittens purchased with
breeding rights.
For cats/kittens purchased as pets, papers will be provided for an additional
$25.00
upon presentation of proof of spay or neuter.


8. This cat/kitten is warranted to be in good health to the best of the breeder/sellers knowledge.
It is recommended that Purchaser have this cat/kitten examined by a veterinarian within
72 hours of purchase, at purchaser's expense. Any health problems of a life threatening and
untreatable nature shall be documented by the vet and reported to seller immediately and a
replacement will be offered as available. Any health problems after this time shall be the
responsibility of the purchaser.
Failure to have cat/kitten checked within this time period
makes all warranties null and void.


9. In the event of death in a kitten up to 6 months of age, and your veterinarian suspects this is
due to any disease, deformity, physical condition, illness or defect that is congenital, hereditary
or likely to have been contracted on or before the sale and delivery of the kitten to purchaser,
a necropsy is required and must be performed by the County of San Diego veterinarian, or
similar county or state facility, at purchaser's expense, in order to determine cause of death.
No other necropsies will be accepted. Failure to have necropsy performed will void all health
warranties and NO replacement will be offered. Any replacement will be at the discretion of the
seller.


10. All health warranties are null and void if other animals, dog or cat are present in the home, or
if the cat has ever been allowed outside or taken to another residence where animals are
present. If there are other cats living in the household, Seller will NOT be responsible for any
disease that the other cats may be carriers for, FIP, FIV, FeLV, and URI.


11. All testing for parasites, FeLV, FIV, etc will be at purchaser's expense.

12. NO REFUNDS. NO RETURNS. NO EXCEPTIONS.

13. Purchaser agrees to follow all feeding instructions. Purchaser has been instructed that the
kitten has been raised on ____________________ &_____________________________.
Any attempt to change the diet is not recommended because it can cause intestinal problems
that may be life threatening. If done it must be done gradually and breeder will not be
responsible for any resulting diarrhea or other problems.

14. It is the Buyer's responsibility to train the kitten to behave in a manner acceptable to Buyer.

15. Seller makes no warranties as to health, show quality, record or future breeding potential
except as stated herein.


16. Purchaser assumes full responsibility for this cat/kitten upon leaving the sellers premises.

17. Other conditions__________________________________________________

18. Vaccines for PANLUEKOPENIA, CALICI & RHINOTRACHIETIS (Fort Dodge PCT) given at 8
and 10 weeks. If the cat is re-vaccinated or given the FIP vaccine, the health warrantee is
null and void. Worming done at 6 and 8 weeks. FeLV & FIV vaccines are not recommended.

19. This agreement shall be construed under and in accordance with the Laws of the State of
California, and all obligations of the parties created hereunder are performable in the County
of San Diego, State of California. Any violation of the above is breach of contract and
purchaser will be liable for any and all damages incurred or any and all court expenses
including attorney fees..


This Contract constitutes the entire agreement between the parties

"I/We have read all the pages in this contract and agree to all the stipulations.

Signature indicates full agreement and approval of all above conditions:


Purchaser___________________________________________Date_______________

Seller______________________________________________Date________________

 

Lets review this fraudulent contract

Yes, let's do!

And of course she has a degree in contractual law! NOT!



#3] The buyer should not have to ask permission to sell, lease or give away her kittys she paid for in full.

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.


b] It can be an option to ask the breeder if she wants to purchase cat back.

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)_____




#5] If breeders want a kitten spay or neutered at 6 months old they should not sell their kittens until 3 months old and have them fixed before they leave to their new homes.

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?


b] Adults should not be sold whole and breeders should have them fixed before they are sold. All at breeder's expense

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?




#7] Buyer's should not have to pay an additional $25.00 for papers you have already purchased to get the litter registered as a whole.
b]And since the breeder already fixed the kittys BEFORE they left the breeder the buyer is entitled to get registration papers on demand.

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.




#8 States 3 contradictory clauses:
1.It warranties cat to be in good health then it states in
2. Clause #15] there is no warranties at all, as to health, show quality, breeding potential, those to clauese are into total opposition with one another and considered to be double-talk

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?


3. If you cant warranty show quality, why do you state on your site show potential and charge over $1,300.00 for it?

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



4.It states any illness after the 72 hour time line its the responsibility of buyer even if there is a latent F.I.P disease?

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)______




#9 It states about death of a kitten at 6 months old. First off an illness or defect, or disease does not usually surface until about 1 year and over, any reputable cat breeder in the industry knows this as a fact.b] Breeder should guarantee kittys/cats for 1-2 years.
 

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;
1. Because the purchaser, being Zizzo, a breeder,  dumped all of her pedigree cats at the pound, which is an all kill shelter!
2. Because she failed to have the required necropsy performed and provide the breeder with the report.
3.Because other cats that carry the corona virus were present in    large numbers!
4.Because said health warrantee had long since expired!

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;
he is not a trained pathologist?
What about he would be biased in his client's favor?
What about not having all the latest technology at hand?
What about the fact that vets charge about $500-800.00 for a necropsy vs a university or county facility that charges less than a hundred and has all the latest equipment and is current on the latest techniques?
Can and will provide a more thorough examintation.

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?


8. Purchaser shall have this cat/kitten examined by a veternarian within 48 hours of purchase at purchaser's expense. (Initials)______

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)_______




#10]10. All health warranties are null and void if other animals, dog or cat are present in the home, or
if the cat has ever been allowed outside or taken to another residence where animals are
present. If there are other cats living in the household, Seller will NOT be responsible for any
disease that the other cats may be carriers for, FIP, FIV, FeLV, and URI.

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?
a] This clause has Melanie Lowry all over it and gives you some idea of how she lives, feels & thinks and conducts her life and cat scam business deceiving buyers for years. Melanie Lowry is a desperate lady that resorts to desperate measures to obtain her livihood She makes her cats work for their a keep, to feed & support her life. That is a terribly sad fact & CFA does not know this? All CFA has to do is look how many litters she registers each month CFA is turning a blind eye. Why? Because Lollimops is supporting CFA to stay in business folks, one hand washes the other.

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?

Why should a breeder be responsible for diseases other cats carry like FIP when other cats that may carry the corona virus are present? Especially when the seller/breeder makes every effort to make sure that the kitten is NOT exposed to the corona virus before leaving her /his home? And what about breeders like Zizzo who put brand new kittens on the floor immediately with all their other cats? NO testing, no quarantine, no protection for either the cats already there or the new cat. Why is the breeder of the kitten responsible for poor husbandry in the new cattery?

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)_____

 




#12 Buyer's should be able to either return a kittys if it does not suit them in their home

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?


a]get a total refund if buyer does return cat

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)_____
 


b]Buyer who places a good faith deposit and something falls through example: buyer got another kitty or changed her mind, buyer should get returned 100% of their good faith deposit back without any problems from any breeder.

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


11.THERE WILL BE NO REFUNDS WHATSOEVER FOR ANY REASON! (Initials)_____
 

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)______




#15 In total contradiction with clause #8 [Read it] Its total double talk

  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
except as stated herein.




#16 This clause sounds like the breeder can not wait to get this kitten off their hands, and wants nothing more to do with its care or responsiblity of this kitten. What about if buyer calls to find out or ask questions concerning the care of kitten? That clause gives you an insight into the mentality of the breeder, a window into her heart and motives of why she is breeding to begin with..its for the MONEY..

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?


MY POLICY: I reserve the right to refuse to sell any kitten or cat on my site at any time, & prior contracts signed would be null & void.(Initials)______
 

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!


5. If purchased as a PET, [purchaser] agrees to pay for in advance neuter or spay this cat/kitten before its left the breeders home. (Initials)_____


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!