Bird Sales Agreement and Deposit Receipt

This Bird Sales Agreement and Deposit Receipt (the “Agreement”) is made effective as of the date below by and between Wendy’s Parrots (the “Seller”) and the Buyer identified below (the “Buyer”). This Agreement outlines the terms and conditions governing the sale of the bird(s) listed herein.

1. Parties to the Agreement

Seller: Wendy’s Parrots
Buyer: (Name)
Buyer’s Address:
Buyer’s Telephone:
Buyer’s Email:

2. Sales Agreement Scope and Description of Sale

This Agreement serves as the complete and exclusive statement of the terms and conditions regarding the sale of the bird(s) listed below. By signing this Agreement, both parties acknowledge that all terms and conditions relating to this sale are incorporated here and that no other agreements, either oral or written, exist outside this document unless explicitly stated herein.

3. Deposit and Payment Terms

(A) Deposit Payment:
Seller hereby acknowledges receipt of a deposit from Buyer in the amount of $____ toward the purchase of the bird(s) listed. This deposit is fully refundable.

(B) Balance Due:
The remaining balance of $____ is due in full at the time of delivery or pickup. Failure to remit payment in full at this time may result in forfeiture of any deposit and cancellation of the sale.

4. Delivery and Pickup of Bird(s)

(A) Notice of Availability:
Seller will notify Buyer when the bird(s) is/are ready for delivery or pickup. It is the Buyer’s responsibility to arrange pickup or delivery at this time.

(B) Buyer’s Responsibility for Delivery Costs:
Buyer is solely responsible for all costs associated with delivery, including but not limited to air cargo, ground transport, and any additional transportation fees incurred.

(C) Failure to Take Delivery:
If Buyer cannot accept delivery within seven (7) days of receiving notice, Seller reserves the right to cancel this Agreement, retain any deposits paid, and offer the bird(s) for sale to other potential buyers.

(D) Forfeiture Due to Inaction:
Should the Buyer fail to arrange for pickup or shipping within thirty (30) days after notification of bird(s) availability, the bird(s) will be forfeited, and no refund of any money paid will be provided.

(E) Seller’s Inability to Deliver:
If Seller is unable or unwilling to complete the sale for any reason, including a decision to retain the bird(s), Seller agrees to refund all monies received, including the deposit. Buyer agrees that such refund constitutes their sole remedy.

(F) Transport Requirements:
Buyer must provide a safe, secure, and weather-appropriate means of transport when taking possession of the bird(s).

5. Health Guarantee

Seller provides a three-day (72-hour) health guarantee from the time of delivery regarding the health of the bird(s) sold. This guarantee applies only if the bird(s) remain in the possession of the Buyer and are not exposed to any other birds during this period. No guarantee extends beyond this initial 72-hour timeframe, except as explicitly stated herein.

(A) Avian Veterinary Examination:
Buyer is encouraged to have the bird(s) examined by a licensed avian veterinarian within seventy-two (72) hours of delivery. If the bird(s) are diagnosed with a pre-existing, untreatable condition that severely affects health, Seller may offer a replacement bird or a refund upon timely return of the bird(s) and verification from the examining veterinarian.

(B) Shipping Stress Acknowledgment:
Buyer acknowledges that stress-induced conditions, such as a mild increase in gram-negative bacteria, may occur after shipping. Such conditions do not warrant a refund or replacement under this guarantee.

(C) Procedure for Deceased Bird(s):
If the bird(s) die within 72 hours, Buyer must refrigerate (not freeze) the body and deliver it to a qualified lab or avian veterinarian for necropsy to determine cause of death. Refunds or replacements, if applicable, will be based on the necropsy results.

(D) Buyer’s Responsibility for Veterinary Fees:
Seller is not responsible for any veterinary fees incurred after delivery, all of which remain the Buyer’s sole responsibility.

(E) Disclaimer of Liability:
Buyer acknowledges that birds may develop diseases, infections, or other conditions that cannot be foreseen or diagnosed within the health guarantee period. Seller is not liable for any such conditions if they arise after the 72-hour health guarantee expires.

(F) “As-Is” Sale:
Except as provided in this Agreement, all birds are sold “as-is.” Seller makes no guarantees regarding age, health, or lifespan beyond those stated in this Agreement.

6. Feeding and Nutrition

Buyer has been offered food that the bird(s) are accustomed to. Buyer understands that failure to provide familiar food can result in stress or refusal to eat, potentially endangering the bird(s) and voiding the health guarantee.

7. Final Sale, No Returns or Refunds

All sales are final. No returns or refunds will be provided unless expressly stated in this Agreement. While Seller endeavors to ensure that bird(s) are well-socialized and suitable as pets, no guarantee can be made regarding personality, temperament, or suitability for breeding.

8. Rescue Service

If Buyer is unable or unwilling to care for the bird(s) after purchase, Seller may, at its discretion, accept the return of the bird(s) as a rescue without obligation to reimburse Buyer.

9. Entire Agreement and Jurisdiction

This Agreement constitutes the entire agreement between Buyer and Seller, superseding any prior agreements or understandings. Any disputes arising out of this Agreement shall be governed by Colorado law, with exclusive jurisdiction in Glenwood Springs, Colorado. Buyer and Seller agree that any legal costs, including attorney’s fees, incurred by Seller in enforcing this Agreement may be recovered in addition to any other remedies.

10. Limitation of Liability

In no event shall Seller be liable to Buyer for any consequential, special, or exemplary damages arising from this Agreement. Seller’s liability to Buyer is limited to the purchase price of the bird(s).

11. Acknowledgment and Acceptance

By signing below, both parties acknowledge that they have read, understood, and agreed to the terms of this Agreement and intend to be legally bound.

Date: _______________
Buyer Signature: _______________
Seller Signature: _______________