woudl like feedback on a payment plan contract

[SirenSanJose]

Hey, folks, I'm trying to write out some documents for my store, including one for payment plans. (This is for walk-in customers, not online sales.) I'd appreciate feedback.

This document is a payment agreement between the seller, Siren Fish & Reptiles and the buyer, __________________________________________________________

This payment plan is for ________________________________________________
valued at _______________________________________.

A ____% non-refundable down payment ($________) will be made at the signing of this contract. The balance ($__________) will be paid in full over the term of _____________________. The animal will be held at Siren until fully paid for.

All payments made toward the animal, including the deposit, are non-refundable and will not be returned if the animal is not paid in full. Siren may, at its discretion, choose to allow the buyer to apply already-made payments towards another animal or dry goods. The only exception will be if the animal dies or becomes otherwise unsellable while in the care of Siren, in which case a full refund will be issued.


Siren Fish & Reptiles _________________________________ Date: ____________
Buyer name (printed) Signature

__________________________ __________________________ Date: ____________

 

[Lucille]

What happens if either party dies?

What happens if the critter gets sick while payments are being made? Who pays vet costs? If it is a significant illness, may the buyer request and get a refund?

If the critter is pg and lays/births during the time payments are being made, who is entitled to the offspring?

What happens if the buyer defaults on the last payment due to illness or other issues beyond his/her control but is willing to make another payment?

In contract: buyer must not be a minor

In contract: If buyer does not make payments and does not make contact for x amount of days, the contract is void (This prevents a buyer from making one payment and then showing up ten months later and expecting that the critter is still being held for him/her.)

In contract: Photo of critter which both parties sign, so that buyer cannot claim he/she is getting a different critter than the one she/she contracted for when payments are complete.

Note: One contract should be made for each critter. Some jurisdictions have statutory language that applies to layaways preventing a payment from automatically being spread over all items so that a seller cannot call a default on every item when enough has been paid in to fully pay for at least one.

Note: Final date should not fall on a day when the pet store is closed, or a national/state holiday.

Note: As long as parties are ready willing and able to complete the contract, a force majeur will not void the contract and buyer may still claim and pay for his/her critter at the first reasonable opportunity to do so.

Dispute resolution, court or arbitration?

Dispute resolution, which state's law governs?

Limitation of damages clause.