Oftentimes, sale of a bird will be by consignment - that is, the purchaser (usually a pet shop) will not actually pay for the bird until it is sold to another party. In all consignment sales transactions, it is important to identify who is responsible for the bird while on consignment, when payment is due to the breeder after sale, what will happen if the bird doesn't sell in a specified period of time and what will occur if the seller does not take the bird after the consignment period has expired. A consignment sales agreement should be used to address these issues. .
This Agreement is meant to be used as a guide for preparation of a legally-binding document. For legal advise on the terms, conditions and ramifications of the terms of such an agreement, you must seek formal legal counsel from an attorney of your choice.
Consignment Sales Agreement
1. This agreement is made between:
_________________________
"Facility"
and
________________________
"Seller"
2. This agreement shall cover all terms, conditions and obligations undertaken for the consignment sale of the following bird(s):
____________________________________________________________________________________________________________3. The sales period covered by this Agreement shall commence on ____________ and shall end on ______________.
4. During the sales period herein referenced, Facility agrees
to board, handfeed, care for and attempt to sell the above-referenced bird(s)
for Seller. Seller understands, and specifically waives, any rights, actions or
claims he/she may have against Facility regarding the care of said birds while
at the Facility during this sales period except for any such actions or claims
resulting from the gross negligence or intentional acts of Facility.
5. It is hereby agreed that if the bird(s) referenced at #2 are sold by Facility
during the term of this agreement, Facility shall pay Seller $_________ per
bird, said payment due immediately upon the sale of the bird(s), unless
otherwise agreed to by Seller prior to the consummation of any sale.
6. Seller specifically gives Facility full discretion to have the bird(s) herein referenced examined or treated by an avian veterinarian of Facility's choosing if, for whatever reason, Facility deems such veterinary care to be necessary during the sale period herein referenced. Facility agrees to be fully and completely responsible for any costs, bills or obligations undertaken by Facility for the veterinary care and treatment of the bird(s) herein referenced during the sales period except for the following expenses and/or testing: _________________________________, which Seller agrees to be solely responsible for.
7. Seller may change his/her mind and remove the bird(s) herein referenced from Facility at any time prior to the expiration of this sales agreement. However, if he/she does so, Seller agrees to pay Facility $_____ /day as a boarding fee for each day the bird(s) herein referenced have been kept at the Facility. Additionally, Seller agrees that if the bird(s) are not taken on the last day of the sales period as herein defined, Facility may keep the bird(s) until such time as Seller pays for their boarding, in full, under the terms and conditions of this agreement. For any boarding done by Facility after the last day of the sales period defined herein, Seller agrees to pay Facility an additional $______ /day for such "holdover" boarding.
8. Seller agrees that if he/she fails to pick-up the bird(s) identified in this sales agreement from Facility by ________, the bird(s) shall become the sole and exclusive property of Facility. However, should this occur, Seller will still owe Facility all monies due and owing under all other terms and conditions of this agreement, and Facility may seek legal recourse in the collection of these monies owed if not paid by Seller upon demand.
9. Seller agrees to hold Facility harmless for any condition,
disease, damage, injury or death which might occur to the bird(s) herein
referenced during the boarding period or after the birds leave the Facility at
the conclusion of the sales period.
10. Facility agrees to hold harmless, indemnify and defend Seller for any
claims, suits or obligations filed against Seller or Facility, or both, by the
ultimate buyer of the bird(s) herein referenced.
11. Regardless of the circumstances under which this Agreement was negotiated, Seller agrees that the jurisdiction for any legal action which must be filed by either party to enforce any term or condition of this agreement shall be ______________, _______. In addition to any monetary judgment under the terms and conditions of this agreement, the parties hereto agree that the prevailing party in any litigation brought to enforce any terms of this agreement shall also be entitled to all costs and attorney's fees spent by it in prosecution of the action.
Dated: _______________ _____________________________
Dated:
_______________
______________________________