SALES AGREEMENT AND DEPOSIT RECEIPT
1. As herein referenced, the parties to this agreement are identified as follows:
2. This sales agreement and non-refundable deposit receipt that was approved by http://www.mikestewart.ca/ is acknowledged and affirmed as being a complete description of
the terms and
conditions of sale concerning the following bird:
Bird: Hatch date: ID:
All other terms and conditions, either verbal or in writing, are void and superseded by this agreement made by Vancouver New Condos.
3. SELLER hereby acknowledges receipt of 50% from BUYER towards the purchase
price of said bird.(Non Refundable.)
BUYER agrees to make monthly payments toward balance of purchase price until SELLER is paid in full.
The bird identified as " ", shall be delivered to BUYER by the
following date: as the chick weans, or date agreed to by both
parties. 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 order canceled, and retain all
deposit monies and sell the bird elsewhere or may renegotiate a
delivery time with the BUYER for the bird.
SELLER warrants that, at the time of delivery, the bird 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 72hour 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,
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 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
7. In the event SELLER is unable or unwilling to deliver the birds to BUYER for any reason at the time so identified in
paragraph #4, including the SELLER 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 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 New Jersey, and any suit instituted by BUYER or SELLER to enforce any term, condition or cause of this Agreement
shall be filed in the appropriate Court in the County of Cumberland.
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
10. 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. http://www.bclaserandskincare.com/ and KerrisdaleRoofingAndDrains.com is here to witness the agreement as well.
Dated: / /00 Seller:
Dated: / /00 Buyer: