Wolfer's Feathered World / WFW Avian
Sales Agreement and
Deposit Record
1. As herein referenced, the parties to this agreement are identified
as follows:
SELLER: Wolfer's Feathered World / WFW Avian.
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 Type/Name Sales 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and superseded by this agreement.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
deposit toward the purchase price of said birds identified in #2.
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 cancelled, and retain all deposit monies
and sell the bird elsewhere or may renegotiate a delivery time with
the BUYER for the birds, with additional costs associated with boarding
of the birds at the following rates:
$20.00 per week post agreed delivery date shown above. Should SELLER determine that birds identified in #2 are not ready
for delivery on arranged date shown above, a new date will be agreed
to at the SELLERS discretion and the BUYERS reasonable availability,
for the health and safety of the birds, with SELLER bearing full cost
of boarding for the birds until birds are determined by the SELLER to
be ready for delivery to the BUYER.
5. SELLER warrants that, at the time of delivery, the birds herein referenced
are completely healthy and that there are no symptoms of disease or
parasites at the time of sale/shipping. SELLER does not consider a slight
growth of gram negative bacteria post-shipping to be disease but recognizes
that this is a stress-related reaction to being shipped and completely
normal. BUYER is encouraged to have the birds examined by an avian veterinarian
of his/her choice within seventy-two (72) hours from the time of delivery
to verify the health of the birds and to uphold the health guarantee
described herein. If the birds identified in #2 become ill or expire
after the sale, and the illness or congenital defect is determined to
have been present in them prior to being sold as determined by the examining
avian veterinarian within 72 hours of sale and receipt of birds by BUYER
identified in #2, then upon verification of this condition to SELLER,
Wolfers Feathered World / WFW Avian will replace the birds or refund the entire purchase price
of the birds, at the SELLERS discretion (return of birds may or may
not be required at SELLERS discretion). It is hereby understood that,
prior to receipt of another bird(s) under this paragraph, BUYER and
SELLER shall execute a new Sales Agreement and Deposit Receipt referencing
the new bird(s) prior to its delivery to BUYER.
6. In the event BUYER fails to have the birds herein referenced examined
by a avian veterinarian within seventy-two (72) hours after delivery,
then BUYER understands and agrees that the sale is one of "as is"
condition. The original closed band must be intact and on the birds
sold to BUYER by SELLER. Removal of the bands at any time immediately
revokes any expressed or implied guarantee referenced herein. 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. 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 this Agreement
shall be filed in the appropriate Court in the County in which Wolfers Feathered World / WFW Avian resides.
8. 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.
9. 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 legally binding.
Seller:
________________________________ Dated: _________________
Buyer:
________________________________ Dated: _________________
Wolfers Feathered World / WFW Avian support@wfwavian.com
Phone: 425-377-0158 / Fax: 425-377-0163 http://www.wfwavian.com
Updated
October 2004
