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 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All other terms and conditions, either verbal or in writing, are void and superseded by this agreement. 3.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 bird(s). 3a. Balance due before bird(s) are delivered . 4. The birds identified at #2 shall be delivered to BUYER on the following date: 5. SELLER warrants that, at the time of delivery, the birds herein referenced are in good health. BUYER is encouraged to have the birds 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, as 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 he 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 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 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 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 the Agreement shall be filed in the appropriate Court in the county of . 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. (optional paragraph if birds sold are unweaned to other breeders or feeders) 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: |