FUTURITY SALE AND SHOW TERMS & CONDITIONS
1. Registration. All buyers must register. Buyers agree to the terms and conditions herein which constitutes a legal contract to buy any item you are successful in bidding upon. 2. Catalog and Corrections. Every effort has been made to ensure correctness of the catalog. Seller has sworn that all information furnished regarding the entries are true and correct to the best of Seller’s knowledge. Celebrity Sales LLC and the Auctioneer are not responsible for errors or omissions and assume no liability on its part or the part of the Seller as to any statements, either verbal or written, regarding any animal sold. Celebrity Sales LLC and Auctioneer will attempt to announce any corrections brought to their attention by the Seller prior to the sale. Seller is solely responsible for any errors contained in the catalog and not reported to Celebrity Sales LLC. 3. Catalog and Corrections. All birthing and breeding dates not provided in the catalog will be announced at the sale. Condition of females shall also be announced at the sale. These dates are for your information only and shall not be deemed to be representations or warranties. 4. Inspection of Animals. Buyers are urged to inspect the animals prior to the sale. Any questions regarding the animals that are not contained in the sales catalog should be directed to the Seller and not to Celebrity Sales LLC. Buyers are urged to carefully examine the animals and familiarize themselves with pedigree and other information prior to bidding. Buyer should review all registration and health information of the ani- mals prior to sale. Animals in the auction may have been shorn, trimmed, or cleaned for health and/or presentation reasons. Failure of Buyer to perform due diligence shall not be grounds for modification or rescission of purchase. 5. Attendance at Own Risk. Any person attending or participating in the auction sale does so at his own risk and no liability, duties, obligations, and/or responsibilities shall be imposed upon CELEBRITY SALES LLC for any accident, injury, fire, mishap, theft, damage, and/or any other harm regardless of the source of imposition that may occur during the event. 6. Bidding/Auctioneer’s role. The Auctioneer is not an employee of Celebrity Sales LLC and is an independent contractor utilized for the auction. Unless stated to the contrary, the owner or representative of each alpaca shall have the right to bid or place a reserve bid on his animal selling. The highest bidder is to be the Buyer and in successfully bidding, Buyer agrees to comply with all of the terms and conditions of the sale. All sales are final and there will be no exchange or refunds. If any dispute arises between or among two or more bidders, sole authority to settle the dispute is reserved to the Auctioneer, and his decision shall be final. The Auctioneer reserves the right to reject any or all bids. 7. Absentee Bids. Online bidding and telephone bidding are offered as a conve- nience to sellers and absentee bidders. Telephone and online bids are accepted subject to the Terms and Conditions of the Sale. Neither the Seller, Celebrity Sales LLC, the Auctioneer, or any Agents will be responsible for any technical issues, or errors in or a failure to execute telephone bids or online bids. 8. Payment. Terms of the sale are cash and payment in full, or terms as offered by the Seller. Settlement must be made with Celebrity Sales LLC immediately following the auction, checks to be payable to Celebrity Sales LLC. Sellers may reserve the right to require a certified check as settlement before releasing any animals. All payments due at the time of sale should be made payable to Celebrity Sales LLC. In no case should any payment made at the time of sale be made to anyone other than Celebrity Sales LLC. For sales providing payments due after the sale, such as financed sales, all future payments are to be made to the Seller. Full Mortality insurance is required on all financed alpacas. 9 Post Bid Procedures. Immediately after the close of the auction sale, each success- ful bidder at such sale shall be required to: a. C omplete and execute the “Acknowledgement of Purchase” handed to each Buyer for signature. Be sure to write clearly, giving full name and address. It is Buyer’s responsibility to obtain delivery. . b. If the transaction is to be financed, meet with the seller to verify payment terms and place of payment along with any other documentation required by the Seller. c. Meet with seller to arrange transfer of the animal. Buyer assumes all risk and expenses of the animal from the time of the successful bid. Any arrangement for disposition of the animal after purchase other than immediate removal must be made directly between Buyer and Seller and Celebrity Sales LLC assumes no responsibility regarding the disposition of the animal following the sale. 10. Failure to Purchase at Time of Sale. If any buyer purchases a lot and does not pay for it at the time of the auction, Celebrity Sales LLC and/or Seller shall have the right to resell the lot or, at their option, bring action against Buyer for specific performance, in which event Buyer agrees to pay all costs of such suit and reasonable attorney fees. In the event of resale, the defaulting Buyer agrees to pay all costs of resale plus price deficiency. Buyer acknowledges that Celebrity Sales LLC and/or Sellers decision for immediate resale is at their sole discretion and that the resale is a
reasonable method in which to obtain the best price on the lot. 11. Registration Papers. Celebrity Sales LLC will hold all AOA registration papers until payment is received and the check clears the bank. At that time Buyer will be mailed the registration papers. Buyer pays transfers. For financed sales, Celebrity Sales LLC will return the registration papers to the Seller and the Seller shall be responsible for transferring the papers to the Buyer at such time as the financed sale is completed or as otherwise agreed to between Buyer and Seller. 12. CELEBRITY SALES LLC. As used in this agreement, “Celebrity Sales LLC” includes all 14 Not an Agent or Representative of Buyer and Seller. Celebrity Sales LLC is not an agent or representative of either the Seller or Buyer. All sales constitute a contract between the buyer and seller only of each animal sold. Celebrity Sales LLC assumes no responsibility, legal or otherwise, in regard to the sale contract. Buyer and Seller further agree to hold CELEBRITY SALES LLC HARMLESS AND FREE FROM ANY LIABILITY for any and all claims regarding the failure on the part of either Buyer or Seller to perform the terms of any sale including but not limited to any claim for rescis- sion, fraud, negligent misrepresentation, breach of warranty, breach of contract, failure to deliver animal, and breach of any implied covenant. 15. Celebrity Sales LLC makes no warranties or representations concern- ing the animals. Celebrity Sales LLC makes no warranty whatsoever regarding the animals including any express warranties or implied warranties for fitness for a partic- ular purpose or of merchantability. Neither Celebrity Sales LLC or the Auctioneer may give any warranty, express or implied as to the quality or description of the animal listed for sale. Celebrity Sales LLC does not guarantee the soundness of any animal or the birthing of any female. Any information or representation in a Catalog or an- nounced by Celebrity Sales LLC or the Auctioneer regarding the animal is information provided solely by Seller. Information in the Catalog or reported by Celebrity Sales LLC in any advertising or announcement or other medium employed does not consti- tute a guarantee, warranty, or representation, from Celebrity Sales LLC whatsoever. Seller and Buyer both acknowledge that they have not relied on any representation from Celebrity Sales LLC regarding the animal in determining whether to enter into any sale. Buyer and Seller agree to hold CELEBRITY SALES LLC HARMLESS AND FREE FROM ANY LIABILITY for any problem in quality or defect in the animal sold. members, managers, employees, agents, and representatives. 13. CELEBRITY SALES LLC ASSUMES NO LIABILITY. 16. Inspection of Animals. The animals listed for sale have been available for inspec- tion prior to the sale, during which time prospective buyers have the opportunity to examine such animals and examine any documentation pertaining to the animals. Failure to inspect any animal will not constitute a ground for any claim, adjustment, or rescission by any buyer. 17. Risk of loss. The successful bidder for any animal shall assume responsibility, from the time the bid is successful, for the care and handling and all risks of loss or damage and shall have all obligations and liabilities otherwise associated with an ownership interest in such animal. 18. Changes in the Event. Seller and Buyer agree to hold CELEBRITY SALES LLC HARMLESS AND FREE FROM ANY LIABILITY harmless from damages in the event that unusual or unforeseen circumstances result in the change of location, change of time or date, or cancellation or similar modification of this sale. 19. Dispute Resolution. a. Arbitration. Any dispute in which Celebrity Sales LLC is named as a party, including any claim that arises out of any agreement between Seller and Celebrity Sales LLC and Buyer and Celebrity Sales LLC or any agreement between Seller and Buyer whereupon Celebrity Sales LLC is included as a party either by cross claim or third party claim including any suit or claim to the interpretation or breach of any agreement or tort concerning Celebrity Sales LLC, or to the existence, scope, or validity of any agreement or the arbitration agreement, such dispute shall be resolved by arbitration in accordance with the then effective arbitration rules of (“ASP”), and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The arbitration shall be in Corvallis, Oregon or as otherwise may be mutually agreed to by all the parties. A sole arbitrator shall be utilized. In lieu of the arbitrators available through ASP, the parties may instead elect to mutually select an arbitrator not available through ASP, including but not limited to an arbitrator who is not an attorney and is instead a recognized professional in the industry. Regardless of which arbitrator is chosen, ASP arbitration rules shall otherwise apply. The arbitrator’s decision will be final and all matters shall be settled by Arbitration. b. Choice of Law. The laws of the State of Oregon shall apply to all arbitrations or any suit filed in court.
P92 | THE FUTURITY SALE
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