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 acknowledgment and affirmed as being a complete description of
the terms and conditions of sale concerning the following
bird(s):
BIRD(S):
PRICE:
BAND #
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conditions, either verbal or in writing, are void and superseded by this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
birds(s).
3a. Balance due before bird(s) are
delivered_____________________.
4. The birds identified at #2 shall
be delivered to BUYER on the following date:___________________. 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 BUYER
is unable to make 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.
5. SELLER warrants that, at the time
of delivery, the birds herein referenced are in good health. BUYER is encouraged to have the
birds examined by a veterinarian of
his/her choice within seventy-two (72) hours 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 in a
death threatening manner 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 same
species, sex (if known) and age, all costs of return and re-delivery
transportation to be borne by SELLER. 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.
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 risks 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 birds 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/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 Washington and any suit instituted by BUYER or SELLER to enforce any
term, condition or clause of the Agreement shall be filed in the
appropriate Court in the county of Pierce.
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.
10. If bird(s) as identified in #2 are
sold out of the nest or unweaned to an experienced breeder/hand feeder,
SELLER is not responsible for any type of occurence caused by negligence
of
BUYER.
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.
SELLER:_________________________________________
Dated:____________________________
BUYER:__________________________________________
Dated:____________________________