Terms and Conditions
TERMS AND CONDITIONS OF SALE The following Terms and Conditions, as amended by any notices or announcements by the Auctioneer during the auction, consti- tute the entire agreement between SILVER PENN SALES, LLC (the “Host”), sellers of alpacas at the auction, (each a “Seller” and collectively the “Sellers”), and bidders and buyers at the auction (each a “Buyer” and collectively the “Buyers”). The “Auction- eer” shall be the party or parties identified by the Host, on or before the auction, as the auctioneer for the respective auction event. TERMS WARRANTIES: PROVEN PRODUCERS: A proven produc- er is a female which has already had a cria. Proven producers will be considered to be fertile. There are no expressed or implied warranties for proven producers. NEWBORN CRIAS: There are no expressed or implied warranties for crias sold with their dams. BRED MAIDENS: A bred maiden is a female which has not yet had a cria and is determined to be pregnant. If the cria is not born alive or fails to survive 24 hours, the Buyer will receive a breeding at no charge to a male owned exclusively by the Seller. Buyer must notify Seller within 48 hours of stillbirth/death of cria, and Buyer must use the breeding within six months from the date of the stillbirth/death of cria. This breeding is non-transferrable to any other alpaca. Birth of a live cria which survives 24 hours from birth shall be considered fulfillment of the warranty, at which point the warranty ends. There are no other expressed or im- plied warranties for bred maidens. MAIDEN FEMALES: Young females sold as individual lots are guaranteed to have the ability to become pregnant by the time they reach 36 months of age and to give birth to a live cria. Each of these females is sold with a complimentary first breeding to a male owned exclusively by the Seller, at the Seller’s farm. The female must be delivered to the Seller’s farm for breeding before the female reaches 24 months of age. The fe- male may NOT have been bred or been ex- posed to any other male prior to delivery to the Seller. Should the buyer fail to deliver the female as set for above, or if the female has been bred/exposed to a male not owned by the Seller, all warranties either implied or expressed are void, and no free breeding will be given. If the cria is not born alive, the buyer will receive a breeding at no charge to a male owned exclusively by the Seller. This breeding is non-transferrable to any other alpaca. Birth of a live cria which survives 24 hours from birth shall be con-
sidered fulfillment of the warranty, at which point the warranty ends. PROVEN MALES: A proven male is a male which has settled a female or which has been tested fertile. Proven males will be consid- ered to be fertile. There are no expressed or implied warranties for proven males. YOUNG MALES: Young males are warrant- ed to have the ability to impregnate a female by the time the male is 40 months of age. Warranty shall be considered fulfilled with the first confirmed impregnation of a female, at which point the warranty ends. With respect to young females and young males, Seller must be notified in writing by the Buyer’s veterinarian of any claimed abnormality within six months of sale. Seller will, at Seller’s option, either: 1) replace the alpaca with an alpaca of equal quality; 2) give the buyer credit toward the purchase from Seller of another alpaca of the same or different sex in an amount equal to the total amount of the purchase price, or 3) give a refund of the purchase price paid at the auction. All alpacas purchased must be shorn annually by the first day of May. All alpacas must be cared for in a manner consistent with generally accepted industry practice. Failure by the Buyer to do either of the above will void all warranties either ex- pressed or implied. EXCEPT AS EXPRESS- LY STATED ABOVE, SELLER MAKES NO WARRANTY OF MERCHANTABIL- ITY AND NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NOR DOES SELLER MAKE ANY WARRANTY EXPRESS OR IMPLIED OF ANY NA- TURE WHATSOEVER WITH RESPECT TO THE ANIMALS IN THIS SALE. The foregoing is the full extent of the responsi- bility of the Seller, and by way of illustration and not limitation, in no event shall the Sell- er be liable for incidental or consequential damages, or for any changes or expenses of any nature incurred without Seller’s written permission. PAYMENT: Terms are cash payment in full, or with terms approved by the Sell- er. Payment must be made to the Cashier immediately following purchase; personal checks are to be payable to SILVER PENN SALES, LLC. Seller reserves the right to require a certified check as settlement before releasing the animal. Registration papers for a financed alpaca(s) will not be transferred into the Buyer’s name until the financed alpaca(s) is paid in full. All crias born from financed females will be registered in the Seller’s name until the alpaca is paid in full. All signed certificates for services performed from financed males will be signed by the Seller as owner at the time of the breeding
until alpaca is paid in full. All breedings from financed alpacas either sold or donated must be pre-approved by Seller. Any and all monies generated from the financed alpaca(s) including but not limited to the sale of offspring, breeding service, insurance pro- ceeds, acquired partners and the like will go against the unpaid balance until the alpaca is paid in full. All partners acquired during sale weekend on financed alpacas need to be not - ed on sales contract and monies received ran through Silver Penn Sales. All partners on financed alpacas acquired after sale weekend need approval from Seller. BIDDING: The highest bidder recognized by the Auctioneer shall be the Buyer. Bids tendered after the fall of the hammer are not valid grounds for dispute. If any dispute arises between two or more bidders or in the event of doubt on the Auctioneer’s part as to the validity of any bid, the Auctioneer will have the final discretion either to determine the successful Buyer, or to re-offer and resell the alpaca in question. The Auctioneer’s determination is conclusive and not subject to challenge. The Auctioneer reserves the right to reject any bid. The Auctioneer’s determination of the successful Buyer hereunder shall be final and conclusive and Buyer waives any claims whatsoever of any nature against the Auctioneer, the Host and the Seller, based on the Auctioneer’s final determination hereunder. RISK OF LOSS: All sales are final upon the fall of the hammer, and an acknowledgement of the Purchase shall be signed by each Buyer following their purchase. All risk of loss, including but not limited to death, in- jury, or any veterinarian costs for the alpaca becomes the Buyer’s risk upon the fall of the hammer. The Host assumes no liability for loss or injury due to theft, mysterious dis- appearance, sickness, improper handling or acts of God, and Buyer specifically waiver any and all claims it may have against the Host arising out of any of the above afore- mentioned occurrences. REGISTRATION PAPERS: All registration papers will be delivered when the alpaca(s) are paid for in full. The Buyer is responsible for all transfer fees. DEFAULT OF PURCHASE: If any person shall purchase an alpaca and fail to pay for it in the manner described above, the Seller shall have, in addition to all other legal rights, the right to resell the alpaca, or at Seller’s option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of such suit, to- gether with all reasonable attorney’s fees and costs. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus
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