Purchase
Agreement
(Please
see Pricing & Terms)
This Agreement made as of this _____day of 199 ___ by and between M&M Quail Farm, Inc., a Florida Corporation, located at 4090 Campbell Road, Gillsville, GA. 30543, with mailing address located at 18370 SW 232 Street, Goulds, Florida 33170, hereinafter called "Seller' and ___________________________________ located at hereinafter called "Buyer".
Whereas, the Seller is desirous of selling Bobwhite Quail and Buyer is desirous of purchasing such Bobwhite Quail.
Now Therefore, in consideration of the promises and of the mutual benefits to each party, the parties do hereby agree as follows:
1. Price and Payment (a) Buyer hereby agrees to purchase fully feathered, flight conditioned, healthy Bobwhite Quail in the following quantities, and in the allotted month: The minimum allowable booking per said Purchase Agreement is 1,000 quail. The price of the Quail is as follows:
Sept. & Oct. $2.70 | Nov. & Dec $2.75 | Jan., Feb., March, & April $2.80 |
Year of 1998: | SEPTEMBER__________ NOVEMBER___________ |
OCTOBER_________ DECEMBER________ |
Year of 1999: | JANUARY_____________ MARCH_______________ |
FEBRUARY_________ APRIL______________ |
TOTAL NUMBER OF BIRDS ORDERED__________ AMOUNT OF DEPOSIT____________
(b) Payment in full shall he remitted within TEN (10) days of receipt of birds. Said Bobwhite Quail to be delivered by Seller to Buyer by truck in shipping boxes containing approximately 25 birds per box. Seller agrees to deliver free of charge to Buyer with orders consisting of 1,000 or more birds per delivery, within a 500 mile radius of the farm. Smaller amounts can be delivered free of charge to Buyer if order can be coordinated with other deliveries at the requested time of delivery. All freight charges outside of the 500 mile radius delivery zone will be billed to the Buyer.
2. Deposit. A deposit of $.20 per Bobwhite Quail ordered will be required to be paid to Seller within 10 business days from the effective signing date of this Agreement. The effective signing date will be the date when the Buyer has signed this Contract. This .20 deposit per bird ordered will be deducted from each shipment price. Failure of the Buyer to make payment of this deposit within such period shall constitute a material breach allowing Seller at its option to (a) terminate this contract and retain the Bobwhite Quail or (b) sell privately and without prior notice to the Buyer all or part of the Bobwhite Quail allocated therein, for the account of the Buyer, with the Buyer to remain liable at law and in equity for any deficiency thereupon. Seller shall make a diligent effort to mitigate damages should this default occur Upon receipt of the Bobwhite Quail to Buyer the contract price, less deposit monies received, as specified above, (together with any applicable sales, use or like taxes and shipping box charges) is to be paid to Seller Failure to pay shall constitute a material breach affording the Seller remedies under the law.
3. Warranty. The Seller warrants that the Bobwhite Quail shall meet the above description as described therein. THE FOREGOING WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
4. Inspection and Acceptance. Failure of Buyer to give notice of any claim with respect to any Bobwhite Quail delivered hereunder within THREE (3) days after receipt of such Bobwhite Quail shall be an unqualified acceptance of such Bobwhite Quail and a waiver by Buyer's risk and if Seller so directs, will be returned at Buyer's expense, via airfreight, FOB Miami.
© 1998 M&M Quail Farm, Inc. 18370 SW 232 St Goulds, FL 33170 Tel: 305.247.5248 Fax: 305.247.0982 morrishatchery@bellsouth.net |
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