|
Ruffled
Feathers Aviary
SALES
AGREEMENT AND DEPOSIT RECEIPT
1. As herein referenced, the parties
to this agreement are identified as follows:
SELLER:
BUYER: _________________________
2. This sales agreement and deposit
receipt is acknowledged and affirmed as being a complete description of
the terms and conditions of sale concerning the following bird(s):
Bird______________________
Price ____________________ Band
#_______________
Hatch Date __________ See
Paragraph 10
All other terms and conditions,
either verbal or in writing, are void and superseded by this agreement.
3. SELLER hereby acknowledges
receipt of ___________ from BUYER towards the purchase price of said
bird(s).
3a. Balance owed
due in full before bird(s) are delivered.
4. The birds identified at #2 shall be delivered to BUYER
on or about the following date:_______________ Date may vary according
to the bird's weaning schedule. When weaned BUYER
agrees that he/she is solely responsible for all costs associated with
said delivery, including air, cargo and all other transportation charges
associated therewith, if so incurred by SELLER. If the BUYER is unable
to take delivery of the bird at the time herein referenced, then SELLER,
at his/her sole discretion, may either consider the BUYER'S order
canceled, and retain all deposit monies and sell the bird elsewhere or
may renegotiate a delivery time with the BUYER for the bird. The BUYER
is fully responsible for any changes in contact information and must
inform the SELLER before the bird is ready to be shipped. If SELLER
cannot locate buyer when the bird is ready to be shipped then the bird
will be re-listed for sale and the order will be cancelled. The BUYER
is responsible for keeping track of the estimated date of delivery and
making sure they advise the SELLER of their continued intent to buy the
bird. If the BUYER does not pick up or be available to have the bird
shipped to him or her within 8 calendar days of being informed that the
bird is ready to go home, then by agreement with the SELLER the bird can
be held and a boarding charge of $8 per day will be charged until the
bird is picked up or shipped. If the bird is being shipped via airlines
there may be instances when the SHIPPER cannot ship within the specified
amount of time, in which case the BUYER will not be charged boarding
fees.
5. SELLER warrants that, at the time of delivery, the
birds herein referenced are in good health. The BUYER is encouraged to
have the birds examined by a veterinarian of his/her choice within
seventy-two (72) hours (business days) from the time of delivery to
verify the health of the birds. If during this 72 hour period, the birds
are found to have a condition which affects their health or well-being
as determined by the examining veterinarian, then upon verification of
this condition to SELLER and upon return of the birds by BUYER to
SELLER, SELLER agrees, at his/her sole discretion, to either refund the
entire purchase price to BUYER as herein referenced (including deposit
monies received) or to supply BUYER with other birds of the same
species, sex (if known) and age. It is hereby understood that, prior to
receipt of another bird under this paragraph, BUYER and SELLER shall
execute a new Sales Agreement and Deposit Receipt referencing the new
bird prior to its delivery to BUYER. SELLER is not held accountable for
MINOR gram negative or positive or yeast cultures, unless the situation
is found to be extreme or life threatening by an avian certified
veterinarian, in which instance SELLER will assume responsibility.
6. In the event BUYER fails to have the birds herein
referenced examined by a veterinarian within seventy-two (72) hours
after delivery, then BUYER understands and agrees that the sale is one
of "as is" condition. BUYER understands and agrees that seventy-two (72)
hours after delivery of the birds to BUYER, all warranties of health,
fitness, merchantability and personality trait and pet potential,
whether express or implied by law, are hereby expressly and voluntarily
waived by BUYER. All risk as to the quality and/or performance of the
birds referenced herein is with the BUYER and BUYER assumes all risk and
cost of injury, death and treatment for the bird’s seventy-two (72)
hours after delivery thereof.
7. In the event SELLER is unable or unwilling to deliver
the birds to BUYER for any reason at the time so Identified in #4,
including the SELLER'S own decision to keep the birds for him or
herself, then SELLER agrees to refund all monies, including deposit
monies, to BUYER within seventy-two (72) hours of SELLER'S decision to
not deliver the birds.
8. Regardless of the conditions and
circumstances surrounding the negotiation of this Sales Agreement and
Deposit Receipt, BUYER and SELLER agree that the interpretation and
enforcement of this Agreement shall be
governed by the laws of the State of California, and any suit instituted
by BUYER or SELLER to enforce any term, condition or clause of this
Agreement shall be filed in the appropriate Court in the County of El
Dorado.
9. In the event that either party hereto must file suit,
as referenced in paragraph #8, to enforce the terms of this Agreement,
it is agreed that the prevailing party shall recover all costs,
including attorney's fees, associated with said enforcement from the
losing party.
(Optional paragraph if birds sold are unweaned to other
breeders or feeders)
10. This bird(s) have not been
weaned and are still being hand fed _____ times per day. Buyer
understands this, and assumes all responsibilities and risks of the
continued hand feeding and weaning of the birds onto appropriate solid
food, including possible death of the birds.
11. This Agreement has been read and understood by both
parties hereto, and by executing the Agreement, the parties agree that
all terms and conditions contained herein are acceptable and binding.
Dated: _________________________
Seller: _________________________
Dated: _________________________
Buyer:
_________________________
|
