Avian Sales Agreement And Deposit Receipt (Page 2 of 2) in pdf

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 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 this

Agreement shall be filed in the appropriate Court in the County of Sutter.

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. 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.

Buyer acknowledgement of terms and conditions: (signed at time of deposit)

Dated: __________________ Buyer ________________________________

Final payment and delivery

Dated: __________________ Seller ________________________________

Dated: __________________ Buyer ________________________________

Avian Sales Agreement And Deposit Receipt Page 2