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Our Guarantee & Sales Agreement
SALES AGREEMENT AND DEPOSIT RECEIPT
1.
As herein referenced, the parties to this
agreement are identified as follows:
Seller: Minnich’s
Birds ‘n More,
431 Hill Drive, Hamburg, PA 19526.
Buyer:
______________________________ Date: ____________________
Address:
____________________________ Tele:_____________________
City, State, Zip:
______________________ E-mail: __________________
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):
QTY/Description Price/ea
D.O.B. TOTAL
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conditions, either verbal or in writing, are void and superseded by this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 a non‑refundable
deposit on said bird(s).
Purchase price shall be paid as follows: a)25% Down and equal
non-refundable payments bi-weekly until baby is
weaned. *Payment schedule listed on Page 3 of this agreement or;
b) 50% Down and balance due upon delivery. Baby
will not be released by delivery or shipment until full purchase price
listed above is paid in full including state taxes.
Final payment must be made in cash, money order, or by credit card.
4. The birds
identified at #2 shall be delivered to BUYER on the following
date:________________ providing that they
are properly weaned. BUYER understands that baby birds wean at
different rates and SELLER can only
approximate when said baby bird shall wean from past experience. SELLER
will notify BUYER if said baby
bird(s) identified above will not be weaned by date listed above.
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 canceled,
and retain all deposit monies and sell the bird elsewhere or may
renegotiate a delivery time with the BUYER
for the bird.
5.
The birds identified at #2 may wean
earlier then expected or later then expected as stated in Paragraph #4
above.
The BUYER will be notified two weeks prior to the baby being ready to be
delivered. Arrangements shall then be
made for delivery. If BUYER is unable to take delivery for any reason
whatsoever within ten (10) days, boarding
charges will be accessed as follows: Days 1-6 $7.50 per day, 7 days and
beyond $35 per week. If birds are not
delivered within three weeks (21) days of being ready for delivery by no
fault of SELLER, BUYER forfeits all
payments to date to SELLER and SELLER shall be free to re-sell or retain
the bird(s) at his/her discretion.
6. SELLER warrants
that, at the time of delivery, the birds 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 72 hour period, the birds are
found to have a serious medical 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 redelivery 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.
7. 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, merchant ability 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.
8. 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.
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 Pennsylvania, 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 Berks.
10. 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.
11. SELLER is not
responsible for any difficulties, including, but not limited
to..neighbor complaints,
landlord‑tenant, marital or other problems not related to the health of
birds as set forth herein.
12. At Minnich’s Birds 'n More we care deeply for the welfare of all the
babies that originate with this flock beyond
the date they are weaned, fledged, placed in new homes, and leave their
parent flock. SELLER extends to
all new owners her help and expertise on a regular and ongoing basis,
helping to insure that a
Minnich’s Birds ‘n More Baby has owners that are responsible and well
informed about the best care for
these parrots. Should it ever be necessary to find another home for this
baby, for whatever reason the
current one may no longer be suitable, the current owner agrees to include
SELLER in the finding of a
well qualified new home. Alternatively, the baby may be returned to SELLER
for as much time and
care that is necessary in the finding of a new placement. If the baby is
returned to SELLER, she will pay for
any transportation costs in receiving the baby, cover any medical expenses
that are needed, and do the
necessary thorough search to insure that the new home is an excellent one
for that particular baby. Any
potential new owner will not only be made fully aware of how to provide
excellent care for the
particular species, but also be informed of any special needs with an
individual bird . The original owner may
be involved to any degree they are comfortable with under the circumstances,
including the choosing of
the new home and the establishment of a fair price for the adoption. As soon
as a suitable situation is found,
all money from the sale of the re-homed baby less actual expenses for
medical or transportation expenses
incurred and 25% for advertising/boarding will be surrendered to the
previous owner.
13. 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.
For a Microsoft Word version of this agreement
that you can print and send to us, please
click here.
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Deposits, Methods of Payment,
and Payment Plans
Deposits - A non-refundable deposit of 25% or 50%, depending on
the payment plan decided upon by purchaser for an unweaned baby, of the purchase price shall be
required to hold a bird. We do not take deposits on eggs. If
you are interested in a baby that is due to hatch, please e-mail us and we
will place you on a waiting list. Upon the successful hatch of a
chick and satisfactory growth and health during the first 3 weeks after
hatching, we will notify all people on the waiting list in the order in
which they inquired. At that time they will have 7 days to place a
deposit on the baby and return to us a signed Sales Agreement. If
the deposit and Sales Agreement are not returned during this time period,
we will then notify the next person on the list.
Methods of Payment - We accept cash, Visa, Master Card, American
Express, Pay Pal, or money orders. Checks can be used for deposits, but final
payment must be made in cash, credit card, or money order.
Payment Plans - We offer flexible payment terms to meet our
customers budgets. For unweaned babies the following payment plans
are available: (1) Non-refundable deposit of 25% of the purchase price
with the balance being paid bi-weekly over the weaning period; (2)
Non-refundable deposit of 50% of the purchase price with the balance being
paid in full upon weaning. If you are purchasing a fully weaned
baby, payment must be received in full prior to delivery. Cages, if
being purchased with the baby, can be included in the payment plan.
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WE DO NOT SELL UNWEANED BABIES. We believe this is
unethical and do not condone others who do so. It is too easy to
kill a baby. A inexperienced hand feeder cannot learn how to properly feed
and wean a young chick in just a few hours with the breeder and may feed
the formula too hot or to thick or not weigh the chick regularly to
monitor weight gain and/or loss. There are many things that can go
wrong and the chick can be killed.
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DNA Sexing and Disease Testing
Prior to going to their new homes all of our babies are
DNA sexed. Our nursery is disease tested routinely every two to
three months for Psittacosis, Polyoma, PBFD, and Pacheco's. There
is no additional cost for these procedures, they are included in the
quoted price of the bird.
Cockatiels, Lovebirds, and Parrotlets are excluded from these procedures
and tests, testing is available for these species at an additional cost of
$30 per bird for DNA sexing.
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All of our babies are raised in our home nursery with
our three children ages 15, 8 and 6, four dogs, and three cats.
Needless to say the babies grow up in a very busy household. Our
children love playing with and handling the baby birds daily. When
they go home they are used to being cuddled and loved dearly. For
several hours daily all the babies are out of their cages and playing
together and therefore get used to being around and interacting with other
birds and animals.
Our babies are abundance weaned, they wean when they are
ready to do so and not before. From about the time they are 4-6
weeks old depending on species, they are offered pellets, seed, fresh and
dried fruits, vegetables, and nuts daily. During this time they are
still being hand fed but can experiment and try out different foods.
As they mature and start eating more food on their own the handfeedings
are slowly cut down. The babies tell us when to do this by turning
down the formula or spitting it back at us. If they are still very
much interested in the formula they will be fed and when they are ready
they will begin eating on their own.
When fledging it is very common for babies to loose
10-15% of their baby body weight so that they will be able to fly.
This natural weight loss is monitored very closely by us to make sure that
they are still growing normally and are healthy. Once the babies
begin flying they are encouraged to do so. Babies wings will not be
clipped till they are able to fly with precision.
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We will ship only completely weaned babies via the
airlines. Shipping dates will depend on weather conditions. We
will not ship when it is above 85 degrees or below 60 degrees. If
your baby is weaned and ready and the weather conditions are not
acceptable for shipping, we will hold your baby until conditions permit
and then place the baby on the next available flight that is acceptable to
you. We will not ship baby birds via the postal service, this is not
legal.
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Once a deposit is placed on a baby, we encourage you to
come and visit and bond with your baby while it is weaning. If you
are interested in doing so, you may help with handfeeding under our guidance.
If you do not live close enough to visit, we will place weekly updates of
the babies on this site so that you may watch your baby grow.
We do not allow visitors to our breeding aviaries.
This is done to minimize the stress on the birds and also to prevent
transmission of disease.
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We are members of the American Federation of
Aviculture. Please visit their web site
for more information about this organization. We are also licensed by the
State of Pennsylvania.
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