Deposit/Receipt For Parrots from Diversity/Caslte Country Hookbills (CCH)
Eddie Horvath dba Diversity and/or Castle Country Hookbills
(CCH) Sales Agreement and Deposit Record
1. As herein referenced, the parties to this Agreement are identified as
follows:
SELLER: Eddie B. Horvath dba Diversity and/or Castle Country Hookbills (CCH)
Home: 464 East 400 South - Price, UT 84501-3323
Work: 37 East Main Street - Price, UT 84501-3031
Home Phone: 435-637-0215
Work Phone: 435-636-8656
Fax Number: 435-636-0102
emails: ehorvath@sisna.com or birdguy888@yahoo.com or
eddie@diversityinutah.com
BUYER:
2. This sales Agreement and deposit receipt is acknowledged and affirmed as be-
ing a complete description of the terms and conditions of sale concerning the
following bird(s):
Name/Bird Type Band # Sale Price Deposit Balance
a.______________________ _____________ $ _________ $ __________ $_________
b.______________________ _____________ $ _________ $ __________ $_________
c.______________________ _____________ $ _________ $ __________ $_________
d.______________________ _____________ $ _________ $ __________ $_________
e.______________________ _____________ $ _________ $ __________ $_________
f.______________________ _____________ $ _________ $ __________ $_________
All other terms and conditions, either verbal or in writing, are void and
superseded by this Agreement unless a SUPPLEMENTAL Agreement is made between
the SELLER and BUYER before the first payment is received.
3. SELLER hereby acknowledges receipt of $ from BUYER as the deposit
or paid in full price toward the purchase price of said birds identified in
#2.
Payment History:
Total Price of bird(s): . . . . . . .$
Payment 1: Date Received: Via: $
Balance: $
Payment 2: Date Received: _______________ Via: _______________ $__________
Balance: $__________
Payment 3: Date Received: _______________ Via: _______________ $__________
Balance: $__________
Payment 4: Date Received: _______________ Via: _______________ $__________
Balance: $__________
Payment 5: Date Received: _______________ Via: _______________ $__________
Balance: $__________
4. The birds identified in #2 shall be delivered to BUYER on the following
date: , 2005. BUYER agrees that he/she is solely responsible for all
costs associated with said delivery including air, cargo and all other tran-
sportation 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 BUYERS order can-
celled, and retain all deposit monies and sell the bird elsewhere or may re-
negotiate a delivery time with the BUYER for the birds, with additional
costs associated with boarding of the bird(s) at the following rate: $20.00
per week post agreed delivery date shown above. Should SELLER determine that
bird(s) identified in #2 are not eady 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 bird(s) 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.
a. Flight Information:
i. Shipping Date:
ii. Flight #:
iii. Reference #:
iiii. Leaving:
Connection:
Arriving:
5. SELLER warrants that, at the time of delivery, the bird(s) herein referenced
are completely healthy & 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 ill-
ness 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 ver-
ification of this condition to SELLER, Eddie B. Horvath will replace the
birds. At the SELLERS discretion return of birds may or may not be requir-
ed. 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(s) prior to its delivery to BUYER.
6. Except for in the case of death upon receipt to the BUYER and the bird is
examined by an AAV Certified Veterinarian within 72 hours as stated in #5 of
this Agreement and the gross exam combined with a necropsy and pathology
paid for by the BUYER determines that the death is due to a genetic defect,
no refund of payments or paid in fulls will be given under any circumstance!
7. 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. The orig-
inal closed band must be intact and on the birds sold to BUYER by SELLER.
Removal of the band 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 bird 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.
8. Any reference made herein to vet, veterinarian, avian vet or avian veterina-
rian is specifically meant and written to be understood as an AAV Certified
and/or Accredited Avian Veterinarian. Any bird(s) sold by SELLER to BUYER
that is examined by the BUYERS vet of choice must be an AAV Veterinarian.
If the BUYERS vet is not an AAV Certified vet, any and all guarantees, war-
antees and refunds by monies and/or replacement bird(s) as listed in #4,
#5, #6 and #7 shall be deemed null and void.
9. 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 Utah, and any suit instituted by BUYER or SELLER to en-
force any term, condition or clause of this Agreement shall be filed in the
appropriate Court in the County in which Eddie B. Horvath resides.
10. In the event that either party hereto must file suit, as referenced in par-
agraph #7, to enforce the terms of this Agreement, it is agreed that the
prevailing party shall recover all costs, including attorney's fees, assoc-
iated with said enforcement from the losing party.
11. Monies available for deposit or payment in full for the bird(s) listed in
#2 shall consist only of Cash, Money Order, Certified Bank Check, Visa or
Mastercard. No Personal Check will be accepted unless it clears the bank
first which can take up to 15 business days, during which time the bird
listed in #2 shall remain the possession of the SELLER. Cash will ONLY be
accepted if handed directly to Eddie B. Horvath or an associate of CCH or
Diversity at which time a receipt will be given. If cash is to be mailed
to Eddie B. Horvath, CCH or Diversity, it must be mailed "Certified" by the
mail carrier so SELLER or one of his associates has to sign for it for
proof of receipt. Sales made via online auctions such as Anibid.com shall
be approved for payments via PayPal.com. Sales made via CCH/Diversity web
pages shall be approved for the aformentioned methods including personal
checks.
12. Any acquired NSF (Non-Sufficient Funds) fees or checks written on a Closed
Account for any type of check will acquire a $50.00 (Fifty Dollar) additio-
nal fee and remaining payments will then change to guaranteed funds such as
Money Order, Certified Bank Check, VISA, MasterCard or Cash.
13. Any credit card sales on Visa and/or MasterCard will reflect the business
named as "Diversity" with the physical description of 37 East Main Street,
Price, UT, 84501, 435-636-8656. We do not accept American Express or
Discover at this time.
14. Other physical descriptions are listed as follows: Eddie B. Horvath dba
Castle Country Hookbills (CCH), 464 East 400 South, Price, UT, 84501,
435-637-0215.
15. Any form of payment received by Eddie B. Horvath, CCH or Diversity or one
of its employees or affiliates shall be considered an electronic signing
and Agreement of this document including but not limited to deposits or
paid in fulls via Money Order, Certified Bank Check, Personal Check, VISA,
MasterCard, Business Check, Cash or PayPal.com.
16. 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.
17. This Agreement located at http://www.diversityinutah.com/(your_name).html
shall be considered the MASTER to which all Agreements are made under.
18. Terms and conditions of this Agreement may be changed by the SELLER at any
time without prior notification if done so prior to receiving the final
payment or a paid in full price is received.
19. As seen fit, you agree to allow SELLER to release your personal information
that is specifically listed in #1 under the BUYER listing for reference
purposes only to other individuals who may want to contact you for your own
opinion on this sale and the bird(s) listed in #2 that you purchased from
SELLER.
Seller Signature: ___________________________________ Dated: , 2005
Buyer Signature: Internet Sale/Signature NOT Required Dated: , 2005
Eddie B. Horvath | Castle Country Hookbills (CCH) | Diversity
Home: 435-637-0215 | Work: 435-636-8656 | Fax: 435-636-0102
http://www.diversityinutah.com | ehorvath@sisna.com
Terms Revised On September 21, 2005