BUYERS ARE URGED TO EXAMINE ALPACAS CAREFULLY AND READ THESE TERMS AND CONDITIONS. AS A CONDITION OF DELIVERY, WINNING BIDDERS WILL BE REQUIRED TO SIGN SELLER’S SALES CONTRACT (AND FINANCING DOCUMENTS, IF APPLICABLE).
1. WARRANTIES. EACH ALPACA IS SOLD “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS FOLLOWS: FEMALES: A maiden female Alpaca that has never been bred is warranted to be fertile at maturity when bred to Seller’s herd sire. If Buyer claims a maiden female Alpaca is not fertile by the age of thirty-six months, Seller will have the right to physically possess such Alpaca for a period of up to six months thereafter at Seller’s expense and shall determine the validity of Buyer’s claim during this period. Should Buyer’s infertility claim be valid, Seller shall elect whether to provide Buyer with another female under the same Contract terms and conditions, or to reimburse Buyer in the full amount of such Alpaca’s purchase price without interest. A proven female Alpaca is warranted to have produced a cria. If Buyer purchases a female Alpaca, and she has already produced a cria, her warranty has been fulfilled by such production. If Buyer purchases a pregnant female Alpaca, and she does not produce from such pregnancy a cria that remains alive for at least twenty-four hours, Seller’s sole obligation shall be to re-breed such Alpaca at no charge to Buyer. MALES: A male Alpaca that has never been bred is warranted to be fertile at maturity. If a male Alpaca has not bred a female, and a semen evaluation shows an inability to fertilize by the age of forty eight months, Seller will have the right to physically possess such Alpaca for a period of up to six months thereafter at Seller’s expense and shall determine the validity of Buyer’s claim during this period. Should Buyer’s infertility claim be valid, Seller shall elect whether to provide Buyer with another male under the same Contract terms and conditions, or to reimburse Buyer in the full amount of such Alpaca’s purchase price without interest. If Buyer purchases a male Alpaca that has impregnated a female or passed a fertility exam, his warranty has been fulfilled by such impregnation or examination. BOTH: Seller is not liable to Buyer for any warranty or other claims if circumstances beyond Seller’s control, or Buyer’s negligence, proximately cause an Alpaca’s infertility. Seller does not warrant an Alpaca’s ability to reproduce a particular phenotypic or genotypic quality, including gender, in its future offspring.
2. TERMS: FINANCED SALE: At its option, Seller may finance an alpaca(s) purchase if the Buyer pays 25% down in cash. The balance will be financed up to four years at the following interest rate: ARM Indexes, Prime Rate as published by HSH Associates, Financial Publishers at http://www.hsh.com/indices/prime00s.html plus one percent (1%). Such interest rate may be adjusted each calendar quarter at the option of Seller and shall never be less the rate in effect on the date of the Promissory Note, which Buyer shall be required to sign as condition precedent to the Sales Contract. CASH SALE: Terms of the sale are cash and payment in full must be made to the cashier immediately following purchase; personal checks are to be payable to Celebrity Sales. Seller reserves the right to require a certified check as settlement before releasing the animal.
3. TRANSPORTATION: Seller will at Seller’s expense have a transporter available at the auction to deliver the alpaca(s) back to the Seller’s farm for pick up by the Buyer. Transportation or boarding is the sole responsibility of the Buyer. Any arrangements made for the alpaca(s) after purchase, other than immediate removal, must be made directly between the Buyer and Seller. No alpaca(s) may remain at Sam’s Town beyond Sunday noon, January 13, 2008.
4. PURCHASE ACKNOWLEDGMENT: An "Acknowledgment of Purchase" will be handed to each Buyer for signature. Be sure to write clearly, giving full name and address. Buyer assumes all risk and expenses of the alpaca(s) after a winning bidder has been acknowledged as the Buyer, including without limitation, all veterinary expenses incurred will be Buyer’s responsibility.
5. PAYMENT: Upon receiving payment, the clerk will mark the "Acknowledgment of Purchase" PAID, whereupon it becomes the Buyer’s order to obtain delivery, subject to execution of Seller’s Sales Contract (and financing documents, if applicable). Celebrity Sales and the Auctioneer assume no responsibility regarding the disposition of any alpaca thereafter.
6. NON-PAYMENT: If any person shall purchase a lot and not pay for it as described above, the Auctioneer and/or Seller shall have the right to resell the lot or, at their option, bring an action for specific performance, in which event Buyer agrees to pay all costs of such suit and reasonable attorney’s fees. In the event of resale, the defaulting Buyer agrees to pay all costs of resale plus any price deficiency.
7. CATALOG DISCLAIMER: Every effort has been made to ensure correctness of the catalog; however, Seller, Celebrity Sales and the Auctioneer are not responsible for errors or omissions and assume no liability to anyone as to any statements, either verbal or written, regarding any alpacas sold. Any known corrections shall be announced at the sale.
8. REGISTRATION: All registration papers will be withheld until checks clear the bank, and the alpaca(s) is paid for in full, at which time the registration papers will be mailed to the new owner.
9. AGENT DISCLAIMER: The Auctioneer, Celebrity Sales and any of their service providers, employees or affiliates are merely agents for the true owner and Seller, and they assume no responsibility, liability, obligation, duty, either singular or plural and make no warranties as to title, or quality, including but not limited to health, blemishes, defects, soundness, or any other conditions of entry, and make no other kind of warranty whatsoever.
10. RISK OR ATTENDANCE: Any person attending the auction sale does so at his or her own risk and no liability, duties, obligations, or responsibilities shall be imposed upon Seller, the Auctioneer or Celebrity Sales for any accident, injury, mishap, theft, damage, or any other harm regardless of the source of imposition.
11. RIGHT OF WITHDRAWAL: The Seller reserves the right to withdraw any alpaca(s) from the sale without liability to anyone.
12. SOUND RECORDING: A recorded tape will be made of the entire sale which shall be used to settle disputes regarding statements made about animals while they were in the auction ring.
13. AGENTS AUTHORIZATION: Persons acting as agents must so indicate on the “Acknowledgement of Purchase”.
14. GOVERNING LAW: The sale and all transactions between the Buyer and Seller will be governed by the laws of the State of Washington and the venue of any dispute resolution proceeding shall be Thurston County.
1. BIDDER DISPUTES: The highest bidder is to be the Buyer. If any dispute arises between or among two or more bidders, sole authority to settle this dispute as he sees fit is reserved by the Auctioneer, and his decision shall be final. The Auctioneer reserves the right to reject any or all bids.
2. ABSENTEE BIDS: Absentee bidding is available as a convenience for Buyers who are unable to attend the auction. These bids are accepted subject to these Terms and Conditions. Although every effort will be made to execute these bids, Seller or Auctioneer will not be responsible for any error or failure to execute absentee bids.
3. BIRTHING AND BREEDING DATES: All birthing and breeding dates will be announced at the sale; these dates are for your information only.
4. FREE BOARD AND TRANSPORT: Seller will transport Buyer’s alpaca(s) back to Seller’s farm and will offer 30 days free board at its ranch in Washington State. Thereafter, board will be charged at Seller’s current rate for up to 60 days.
5. PRIORITY OF INFORMATION: Statements made from the Auctioneer’s Box shall take precedence over any and all statements made in this catalog.