Terms and Conditions
any deficiency between the original purchase price and the total purchase price upon resale. TRANSPORTATION: The Buyer, at Buyer’s own expense, shall transport the purchased alpaca from the auction. Any arrangements or disposition of the alpaca after the pur- chase other than immediate removal must be made directly between Buyer and Seller. CATALOG: Every effort has been made to assure correctness of the auction catalog. However, neither the Host nor the Auction- eer are responsible for any errors or omis- sions and they assume no liability on their part for statements, either written or verbal on any alpacas sold. To the extent there are any representations and warranties regard- ing any animal, such representations and warranties shall be deemed to be only made by the Seller of the animal. The respective Seller is the sole warrantor of all such infor- mation. Any corrections made at the time of the sale from the Auctioneer’s podium shall supersede the catalog and any and all claims made prior thereto. TAPE: A video and/or audio tape recording will be made of all auctioned sales which shall be used to settle any questions regard- ing statements made about animals while they are in the auction ring. CHANGE OF VENUE: The Sellers and Buyers agree to hold the Host harmless from any and all damages in the event of a change in location, time or date or cancellation or similar modification of the sale, arising from any cause whatsoever. NO LIABILITY: Any person attending the sale, whether as a Buyer, Seller, observer, or the agent, employee or assign of any person, does so at their own risk and no liability, duties or obligations, and/or responsibilities of any kind or nature shall be imposed upon any of the Host, the Auctioneer, or any of their owners, employees, or assigns, for any accident, injury, mishap, theft, damage, and/ or other harm regardless of cause. Buyer acknowledges and agrees that in no event shall the Host, the Auctioneer or any Seller be liable for any incidental, consequential, punitive, exemplary, or special damages of any kind arising as a result of or in connec- tion with this Agreement in any way. DISCLAIMER OF LIABILITY: NEITHER THE HOST, THE AUCTIONEER, NOR ANY AGENTS THEREOF, MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREE- MENT, INCLUDING WITHOUT LIMITA- TION, THE SALE OF ANIMALS OR THE SERVICES PROVIDED HEREUNDER. ANY REPRESENTATIONS OR WAR-
RANTIES IN CONNECTION WITH ANY ANIMALS ARE MADE SOLELY BY THE RESPECTIVE SELLER ONLY. UNLESS OTHERWISE SPECIFICALLY AGREED TO ELSEWHERE IN WRITING BY THE SELLER, ALL SALES OF ANIMALS ARE ON AN “AS-IS BASIS”, AND THE HOST, THE AUCTIONEER, AND THE SELLERS DISCLAIM ALL WARRANTIES, WHETH- ER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ALPACAS AND THE SERVICE PROVID- ED FOR HEREUNDER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FORCE MAJEURE: The obligations of any of the Host, the Auctioneer, the Seller, or their agents, to perform under this Agree- ment shall be excused during any period of delay if such delay arises from any cause or causes which are reasonably beyond their control, including, but not limited to, the following: acts of God, acts or omissions of any government, or any rules, regulations or orders of any governmental authority or any officer, department, agency or instrumen - tality thereof; fire, storm, flood, earthquake, insurrection, riot, invasion or strikes. HOLD HARMLESS INDEMNIFICATION AGREEMENT: The Host is not acting as an agent or a representative of the Sellers or the Buyers. Both the Sellers and the Buyers warrant that all sales represent a contract SOLELY between the Seller and the Buyer and further agree to hold harmless and indemnify the Host against any and all claims made for any reason at any time with respect to this sale. Sellers and Buyers warrant that the Seller and the Seller alone is responsible for all warranties and representations concerning its alpaca(s) in the sale and that the Host and the Auctioneer have made NO representa- tions or warranties or any guarantees of any type whatsoever regarding the services pro- vided for hereunder or the alpacas, including without limitation in regards to the sound- ness, fertility or birthing of any alpaca in the sale. Both the Sellers and Buyers agree to hold harmless and indemnify the Host and Auctioneer from any claims made regarding the health or soundness of any alpaca in the sale. RESOLUTION OF DISPUTE: Any dispute or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled in Pittsburgh, Pennsylvania by arbi- tration in accordance with the Pennsylvania Uniform Arbitration Act, (73 Pa.C.S.A. §7301, et seq.). A single arbitrator shall hear
this matter. GOVERNING LAW: This Agreement, and the sale and all transactions between the Buyers and the Sellers will be governed, construed and enforced in accordance with, the laws of the Commonwealth of Penn- sylvania. The parties hereto agree to the exclusive jurisdiction of Allegheny County, Pennsylvania. BLOOD TYPING & MICRO-CHIPPING: Seller shall warrant that all alpacas made available for sale at the auction shall be AOA Registered, Blood Typed and Micro-chipped. AUTHORIZED AGENTS: Persons acting as agents must be indicated as such when sign- ing the Acknowledgement of Purchase, and the Host and Seller may rely on such agency representation and Buyer shall be bound by the acts of its agent. WITHDRAWAL RIGHTS: Sellers reserve the right to withdraw any alpaca from the sale prior to the fall of the hammer without liability to Buyer. IMPORTANT NOTICES INSPECTION OF ALPACAS: Buyers are urged to examine the alpacas carefully. Un- less otherwise specifically agreed to in writ - ing by the Seller, all sales shall be “AS-IS”, and failure to inspect the alpacas will not be grounds for rescission of the purchase. ABSENTEE BIDS: Absentee bidding is available to Buyers subject to these Terms and Conditions of Sale and is provided as a convenience for Buyers who are unable to attend the auction. Bids may be left with an auction representative who will try to pur- chase the alpaca or alpacas of Buyer’s choice for the lowest price possible. Although every reasonable effort will be made to execute these bids, the Host will not be responsible for any errors or failure to execute bids. TELEPHONE BIDDING : Telephone bids are accepted subject to the Terms and Con- ditions of Sale. Although every reasonable effort will be made to execute these bids, neither the Host nor the auctioneer will be responsible for any error or failure to execute bids. No Internet bidding will be offered. Anticipated breeding dates and due dates will be announced at the sale; these dates are for your information only and are not binding upon the Host, the Auctioneer or the Sellers. NO LIABILITY: Buyers acknowledge and agree that neither Little Creek Farm Alpacas nor Silver Penn Sales, LLC shall have any liability to Buyer whatsoever, arising out of any cause whatsoever, except solely as it may arise out of its capacity as Seller.
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