FUTURITY SALE AND SHOW TERMS & CONDITIONS
c. Attorney Fees. If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if suit or action is instituted against Celebrity Sales LLC the party not prevailing shall pay the prevailing party’s costs, disbursements, and attorney fees and expenses of expert witnesses. In determining reason- able attorney fees, ORCP 68 shall apply. Addition- ally, the Court or arbitrator shall award the prevailing party attorney fees of $2,500, which the parties agree is a reasonable attorney fee for collecting any resulting judgment. d. Miscellaneous. This agreement constitutes the entire agreement between the parties, and any prior understanding or representation of any kind preced- ing the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement. Any modification of this agreement or additional obligation assumed shall be binding only if in writing signed by each party. The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision and the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. GENERAL NOTICES 1. Micro-Chips. Micro-chips are required for all alpacas. Each alpaca must be identified by their micro-chip number on all forms and health documents. Please check that all alpacas are properly micro- chipped prior to coming to the show, as any alpaca with a missing or unreadable microchip will be denied entry into the show facility. 2. BVD Testing Required. All alpacas must be negative for BVDV by a PCR or VI lab test and said negative results shall be indicated on the certificate of health (Health Papers). Sellers must bring a copy of the Health Papers as Celebrity Sales, LLC may be required to keep a copy by state law. 3. BVDV. We remind people that the requirement of a negative BVDV test will not eliminate the possible presence of BVDV at the show, but will greatly reduce the risk of exposure. It is strongly recommended that all exhibitors institute on-farm bio-security protocols for re- turning from any show or other alpaca event to minimize the risk posed by BVDV and other contagion. 4. Auction Entries. Alpacas in the auction may have been shorn, trimmed, or cleaned for health and/or presentation reasons. Buyers are advised to inspect alpacas carefully prior to bidding. 5. Buyers’ Due Diligence. Buyers are urged to care- fully examine the alpacas and familiarize themselves with pedigree and other information prior to bidding. Failure by buyer to perform due diligence will not con- stitute a ground for any claim, adjustment, or rescission by any buyer. 7. State Health Requirements. In addition to the above show requirements all alpacas entered in or present at the event must meet State Veterinary require- ments. Missouri requires that all camelids shall be in compliance with requirements noted below as specified for camelids with a Certificate of Veterinary Inspection issued within thirty (30) days prior to entry. 8. Full Mortality insurance is required on all financed alpacas.
MISSOURI STATE HEALTH & ENTRY REQUIREMENTS READ THE FOLLOWING CAREFULLY! FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS BELOW MAY RESULT IN DENIAL OF ENTRY TO THE VENUE, EXPULSION FROM SHOW/SALE AND POSSIBLE QUARAN- TINE BY THE STATE OF MISSOURI. Following are the test requirements for the state of Missouri: All animals shall be accompanied by a Certificate of Veterinary Inspection (CVI) dated within 30 days of the event. All alpacas are to be listed by their corresponding micro-chip numbers. All alpacas must be micro-chipped and AOA registered. All alpacas shall be identified on all health documents by their micro-chip number. ADDITIONAL AOA REQUIREMENTS According to AOA rules, all alpacas entered in or present at all AOA Certified shows must be negative for BVDV by a PCR or VI lab test and said negative results shall be indicated on the Certificate of Veterinary Inspection (CVI) (Health Papers). For any BVDV testing done in or after 2010, PCR is the only accepted method of testing for shows. For testing that was done previous to 2010 both PCR and VI will be accepted. Negative results shall be indicated on the Cer- tificate of Veterinary Inspection (CVI) (Health Papers). Remember to bring a copy of your CVI for your Show Superintendent as we are required to keep a copy of your Certificate of Veterinary Inspection. Remember to bring a copy of your CVI for your Show Superintendent as theyare required to keep a copy of your Certificate of Veterinary Inspection. WARRANTY INFORMATION Warranty A: For a maiden female: Consignor will guarantee that this fe- male is reproductively sound and able to get pregnant before her third birth- day. If not, consignor will have six (6) months from that date, to investigate and attempt to get female pregnant at consignor’s expense. If pregnancy is not confirmed by that time, consignor will agree to replace the original female with a female of like quality. Any additional health charges besides reproductive or transportation to Consignor are at Buyer’s expense. Warranty B: For a pregnant female: Consignor will guarantee that this female can carry offspring evident by her pregnancy now which has been confirmed and will be re-confirmed no more than 30 days prior to sale date by ultrasound or a positive progesterone. Proof of pregnancy will be provided to Celebrity Sales with consignment form and then again at animal check-in. Warranty C: For a live-born cria that will live for at least 24 hours: Buyer must notify seller of loss of cria within 10 days with a licensed veterinarian certification stating the cause of cria death. Consignor will provide to Buyer a re-breeding of that female not including any expenses associated with the re-breeding or transportation of the female to a consignor Warranty D: Proven Male. Seller warrants that the male is a proven breeder, and has successfully impregnated females. There are no other express or implied warranties. Warranty E: Unproven Male. This male has been checked and found anatomically correct by a veterinarian. Seller warrants this male shall be capable of impregnating a female by the time he reaches 42 months of age. Should the male be incapable of impregnating a female by this time, males is to be returned to the seller for a period of 120 days, during which time the seller must prove the male’s ability to impregnate a female. If within this 120 days, the male is still not proven to have impregnated a female, the buyer shall be entitled to remedy. Remedy shall be either replacement with a similar quality male alpaca or a refund by seller of the purchase price. Abuse or neglect on the part of the buyer (such as failure to annually shear the male for summer) shall nullify warranty.
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