The use of a binding sales contract in the course of a bird sale has proven to be a critical component of modern-day Aviculture. All too often, disputes arise between the buyer and seller regarding the bird sale that could have been avoided had there been a sales contract executed by the parties at the time the sale was finalized. Our sample Sales Contract is meant to provide both the seller and the buyer with reasonable protect regarding the sale of the bird. You are encouraged to either use the Sales Contract as is, or modify it to your liking. Either way...please, use a written Sales Contract for each of your bird sales with microchip number, DNA sex, parents birds on premises with their microchip numbers or ID, also hatch certificate with date and Aviculturist and buyers signature.
above guidelines modified by Cherane Pefley to include in all contracts.
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 #
___________________________ _________ ________
___________________________ _________ ________
All other terms and conditions, either verbal or in writing, are void and superseded by this agreement.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 as the purchase price of said bird(s).
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 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.
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 thirty-six (36) hours from the time of delivery to verify the health of the birds. If, during this 36 hour period, the birds are found to have a condition which affects their health or well-being as determined by the examining Avian 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, all costs of return and redelivery 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 thirty -six (36) hours after delivery, then BUYER understands and agrees that the sale is one of "as is" condition. BUYER understands and agrees that thirty-six (36) hours after delivery of the birds to BUYER, all warranties of health, fitness, merchant ability 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 thirty-six (36) 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 thirty-six (36) 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 _Florida_____, 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 __Indian River _____.
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 not weaned)
10. These bird(s) have not been weaned and are still being handfed _____ times per day. Buyer understands this, and assumes all responsibilities and risks of the continued handfeeding 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: _________________ ________________________________
Dated: __________________ ________________________________
Last Updated May 27, 2000 by Larry Ring