Koi-Kare – Koi For Sale Service
Your and Our Responsibilities
By asking Koi-Kare to sell your koi (“Seller”) or by asking Koi-Kare to buy a koi (“Buyer”) you agree to abide by the following terms and conditions and responsibilities. Koi-Kare also agrees to abide by its responsibilities. All Parties is defined as Buyer, Seller, and Koi-Kare.
Seller’s Responsibilities
Prior to Sale:
- To provide an accurate description of the koi including variety, age, sex (where known), and breeder (where known).
- To provide a description of any material defects. Material defects are defined as damage to the koi that has not yet repaired (e.g. ulcer damage) or physical defects (e.g. a deformed mouth). All Parties agree that the loss of an individual scale, a small split to a fin, or a missing barbell is not a material defect.
- To provide a photograph of the koi in a blue tank (or bowl) that adequately represents the koi. Where the picture is not adequate then Koi-Kare may photograph the koi on the seller’s behalf subject to an agreed home visit fee.
- To provide Koi-Kare with an agreed selling price.
- To advise Koi-Kare of the approximate temperature of the pond in which the koi is being held.
At Point of Pickup
- Give Koi-Kare, and its courier where applicable, access to the site and pond on the day of pick-up.
- Detail to Koi-Kare any treatments that the koi or pond has received within the last past two weeks.
- Be available, or appointment a representative, to Koi-Kare to agree the sign-off of the koi for transportation to buyer.
Buyer’s Responsibilities
- To agree with Koi-Kare the final price of the koi.
- To advise Koi-Kare of the approximate temperature of the receiving pond on the day of delivery.
- To transfer to Koi-Kare, in cleared funds, the agreed price for the koi prior to the day of delivery.
- To have someone available on the day of delivery to receive the delivery.
- To inspect the koi on arrival and sign-off receipt of the successful arrival of the koi. Successful arrival terms are defined later.
- To decide on the most appropriate quarantining procedures for the koi.
- To monitor the koi in its new environment and to ensure that the koi successfully settles into its new home.
Koi-Kare Responsibilities
- To ensure that the condition of the koi, and the pond in which the koi resides, are satisfactory prior to making the koi available for sale.
- To agree, with the Seller, Koi-Kare’s commission for undertaking the service.
- Publishing and advertising the koi for sale.
- Agreeing between the Buyer and Seller the final price of the koi, including the cost of couriers and/or Koi-Kare’s hand delivery.
- Agreeing between the Buyer and Seller the equalisation of pond temperatures.
- Arranging the collection and delivery of the koi. Koi-Kare is responsible for supplying bags, oxygen, and boxes for the transportation.
- Ensuring that the koi is in the correct condition for shipping on the day of pickup. Koi-Kare will review the koi to ensure that the condition and health of the koi matches the original condition. Where the koi is no longer in the right condition for shipping then Koi-Kare will not ship the koi and will return all funds to the Buyer.
- Photographing the koi on the day of pickup to ensure a record has been kept of the koi’s condition prior to shipping.
- Ensuring that Koi-Kare has received, in cleared funds, payment prior to shipping from the Buyer.
- Paying the Seller, less Koi-Kare’s commissions, upon acknowledged receipt by the buyer of the koi’s successful delivery. Such payment not be withheld or delayed.
- Being the sole contact point for the seller in the event of a query or issue.
- Koi-Kare will not reveal the details of a client (Buyer or Seller) to any party without the express permission of that client
Liabilities
The Seller is wholly responsible for the koi whilst the koi resides in the Seller’s pond or is being held by Koi-Kare on the Seller’s behalf.
The Seller remains responsible for the koi whilst in transportation from the Seller to the Buyer.
The Buyer becomes responsible from the point of successful delivery of the koi.
The Buyer becomes automatically responsible for the koi should nobody be available on the day to receive the koi. Koi-Kare will do its best to re-organise delivery but the buyer will bear such costs and Koi-Kare shall have no liability for the health of the koi during this period.
Successful Delivery
Successful delivery of the koi is defined as the act of the koi being delivered to the Buyer in a live state where no material damage is evident. Material damage excludes the following:
- Any damage that was previously stated as being on the koi.
- Split fins. This can be caused during shipment and will repair over time provided good water conditions are provided.
- Mouth-rub (soreness of the lips). This is also typical of transportation and again will clear providing good water conditions are provided.
- Bleeding. Under stress koi can bleed from their gills into the bag. The buyer should not be overly alarmed by seeing blood in the water.
- Slight bruising or knocks caused by transportation.
If the person receiving the koi cannot judge the state of the koi, i.e. is not the actual Buyer but a family member or friend, then all parties agree that the koi has been successfully delivered.
The Buyer agrees and acknowledges that they have agreed to purchase the koi from a photograph, and video if available. If the Buyer decides on delivery of the koi that they do not like the look of the koi the Buyer agree this is not a reason for an unsuccessful delivery.
In the highly unlikely event of death or material damage during transit the Buyer must contact Koi-Kare within 10 minutes of the recorded delivery of the koi. Koi-Kare will then instruct the buyer of next steps.
Future Care
The Buyer is wholly responsible for the koi upon successful delivery of the koi.
The Buyer acknowledges and understands that the stress of moving koi may result in triggering illness or parasitic infections. The Buyer acknowledges that koi carry naturally parasites at a background level and that the introduction of a new fish to a pond is not necessarily the cause of a future parasitic outbreak.
The Buyer is responsible for the level and type of quarantine that the buyer decides to undertake.
The Buyer agrees that neither Koi-Kare nor the seller are liable for direct and indirect losses, damages, expenses, claims and/or fees which the Buyer may incur through the introduction of the koi to his or her pond.
Assuming the Buyer is within Koi-Kare’s service area, Koi-Kare provides after care pond and fish maintenance and treatment services that the Buyer may request. The fees for such services will be agreed between Koi-Kare and the Buyer.
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