Health And Sales Guarantee

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 #_______________

Hatch Date __________                                        See Paragraph 10

All other terms and conditions, either verbal or in writing, are void and superseded by this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 owed due in full before bird(s) are delivered or picked up.              

4. The birds identified at #2 shall be delivered to BUYER or picked up by BUYER on or about the
following date:_______________ Date may vary according to the bird’s weaning schedule. When
weaned 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 the 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.  The BUYER is fully responsible for any changes in contact information and must
inform the SELLER before the bird is ready to be shipped.  If SELLER cannot locate buyer when
the bird is ready to be shipped then the bird will be re-listed for sale and the order will be
cancelled.  The BUYER is responsible for keeping track of the estimated date of delivery and
making sure they advise the SELLER of their continued intent to buy the bird.  If the BUYER
does not pick up or be available to have the bird shipped to him or her within 8 calendar days of
being informed that the bird is ready to go home, then by agreement with the SELLER the bird
can be held and a boarding charge of $8 per day will be charged until the bird is picked up or
shipped.  If the bird is being shipped via airlines there may be instances when the SHIPPER
cannot ship within the specified amount of time, in which case the BUYER will not be charged
boarding fees.

5. SELLER warrants that, at the time of delivery, the birds herein referenced are in good health.
The BUYER is encouraged to have the birds examined by a licensed avian veterinarian of his/her
choice within seventy-two (72) hours (business days) 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 as determined by the examining licensed 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. 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.  SELLER is not held accountable
for MINOR gram negative or positive or yeast cultures, unless the situation is found to be
extreme or life threatening by an avian certified avian veterinarian, in which instance SELLER will
assume responsibility.  

6. In the event BUYER fails to have the birds herein referenced examined by an avian 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 bird’
s 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 Colorado, 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 Mesa.

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.


Dated: _________________________

Seller: _________________________

Dated: _________________________

Buyer: _________________________

Optional Paragraph if bird(s) sold are unweaned.

10. This bird(s) have not been weaned and are still being hand fed___________times per day. Bird