To ensure clarity and mutual understanding, the following key terms and definitions are provided as part of the Animal Purchase Agreement & Adoption Process Contract. These definitions apply throughout the document unless otherwise specified:
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Exotic Pet
Refers to any animal that is not commonly kept as a domestic pet, including but not limited to species sourced, bred, or sold by Absolute Exotics SA. Examples include marmoset monkeys, capuchin monkeys, fennec foxes, wolves, and reptiles.
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Client
Refers to the individual or entity entering into this agreement with Absolute Exotics SA for the purchase or adoption of an exotic pet. This includes all responsibilities, obligations, and rights outlined in the contract.
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Adoption
Refers to the process through which the client formally agrees to take ownership of an exotic pet from Absolute Exotics SA, following the completion of the 5-step adoption process, payment of all applicable fees, and adherence to specified terms and conditions.
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Purchase Agreement
A legally binding document that outlines the terms and conditions of the sale or adoption of an exotic pet, including payment terms, client responsibilities, and other relevant provisions.
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Animal Health Certificate
A document issued by a third-party veterinarian specializing in exotic animals, certifying the health and wellness of the animal at the time of adoption. This certificate is standard for animals valued at R20,000 or more and may be provided for animals valued below R20,000 at the discretion of Absolute Exotics SA.
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Ownership Transfer
The official transfer of legal ownership of the animal from Absolute Exotics SA to the client, which occurs upon the completion of all payments, training sessions, and adoption procedures.
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Breeding Restrictions
Limitations imposed by Absolute Exotics SA on the breeding of any adopted or purchased exotic pet, requiring prior written authorization to ensure ethical practices and compliance with legal regulations.
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Permit Requirements
Refers to the legal documentation necessary for the ownership, transport, or breeding of specific exotic animals, as required by South African national laws, provincial laws, and municipal bylaws. Clients are responsible for obtaining and maintaining such permits.
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Indemnity Clause
A provision in this agreement whereby the client agrees to release and hold harmless Absolute Exotics SA from any claims, losses, or damages arising from ownership, care, or use of the exotic pet after the transfer of ownership.
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Starter Kit
A package provided with each exotic pet, which may include essential items such as food, feeding equipment, blankets, toys, or other care-related items to assist the client during the initial care phase.
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After Service Assistance
Ongoing support provided by Absolute Exotics SA to clients after adoption, including access to care guides, emergency helplines, private WhatsApp groups, and client events.
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General Care and Basic Behavior Training
Mandatory in-person training sessions provided by Absolute Exotics SA to prepare clients for the responsibilities of exotic pet ownership, covering topics such as feeding, enclosure setup, and behavioral management.
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Veterinary Responsibilities
Refers to the obligations of the client to provide routine and emergency veterinary care for the exotic pet, as outlined in this agreement, including but not limited to initial health checks and annual examinations.
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Deposit
A non-refundable amount paid by the client to secure the adoption or purchase of an exotic pet. The deposit is applied toward the total purchase price and is required to initiate the sourcing or reservation of the animal.
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Digital Signature
The client’s acknowledgment and acceptance of the agreement, indicated through actions such as completing the deposit payment or submitting the required documentation. This is recognized under the Electronic Communications and Transactions Act (ECTA) in South Africa.
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Animal Monitoring Period
A 72-hour observation period conducted by Absolute Exotics SA before the animal’s final transfer to ensure its health, readiness, and proper transition to a suitable diet.
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Sourcing Process
The process undertaken by Absolute Exotics SA to locate and prepare an exotic pet for adoption, following receipt of the client’s deposit and compliance with terms.
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Client Membership
Exclusive membership granted to clients upon adoption, providing access to services such as the 24/7 emergency helpline, private WhatsApp groups, and invitations to annual owner and animal social events.
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Care Guides
Detailed instructions and resources provided by Absolute Exotics SA to educate clients on the specific needs, dietary requirements, and behavioral traits of their adopted exotic pet.
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Seizure of Animal
The legal right of Absolute Exotics SA to reclaim an exotic pet in cases where the client fails to meet the terms of the agreement, such as veterinary care requirements, breeding restrictions, or animal welfare standards.
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Permit Compliance
The client’s responsibility to obtain and maintain all required permits and documentation related to the ownership and transportation of their exotic pet, ensuring adherence to South African laws and regulations.
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Indemnity
The client’s agreement to protect Absolute Exotics SA from legal claims, damages, or losses arising from the ownership, care, or use of the exotic pet once ownership has been transferred.
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Third-Party Veterinarian
A qualified veterinarian, independent of Absolute Exotics SA, who conducts health checks and provides certification for animals as required by the terms of the agreement.
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Educational Support Services
Resources, such as training sessions, care guides, and client support channels, offered by Absolute Exotics SA to educate clients on the responsibilities of exotic pet ownership.
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Transfer of Risk
The point at which all risks associated with the exotic pet (including health, behavior, and care) are transferred to the client. This occurs upon completion of payment and the pet leaving Absolute Exotics SA’s premises.