TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE FOR THE 2025 DESTINATION ALPACA AUCTION Copyright Celebrity Sales LLC, 2025 The following Terms and Conditions, as amended by any posted notices or announcements by the Auctioneer during the auction, constitute the entire agreement between Crescent Moon Ranch, Inc. and Flying Dutchman Alpacas LLC, any agents, representatives, employees, and/or affiliates (“Sale Hosts”), or guest consignors (the “Sellers”), and bidders and buyers (the “Buyers”) at the auction. Celebrity Sales LLC is the auction management company for the respective auction event, the Destination Alpaca Auction. WARRANTIES Warranty A: For a maiden female: Consignor will guarantee that this female is reproductively sound and able to get pregnant before her third birthday. 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. With respect to Young Females and Young Males, Seller must be notified in writing by the Buyer’s veterinarian of any claimed abnormality within one year 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 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 express or implied. EXCEPT AS STATED ABOVE,
SELLER MAKES NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NOR DOES SELLER MAKE ANY WARRANTY EXPRESS OR IMPLIED OF ANY NATURE WHATSOEVER WITH RESPECT TO THE ANIMALS IN THIS SALE. The foregoing is the full extent of the responsibility of the Seller, and by way of illustration and not limitation, in no event shall the Seller be liable for incidental or consequential damages, or for any changes or expenses of any nature incurred without Seller’s written permission. BREEDINGS: Unless specifically stated to the contrary, any breeding included with a sale lots is non-transferrable. PAYMENT 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 LLC. Seller reserves the right to require a certified check as settlement before releasing the animal. FINANCED SALE: Sellers may elect to finance their alpacas with a down payment made by the Buyer immediately following the purchase at the auction to Celebrity Sales LLC. The balance may be financed according to the terms stated on each lot in the auction catalog. If a Seller wishes to make available materially different financing terms, those terms may be announced from the podium during the auction of the lot. All alpacas being financed must have proof of insurance before the Buyer takes possession, naming the Seller as Loss Payee. Buyer must maintain mortality insurance on the animal in the amount of the remaining balance until paid in full with the Seller named as the loss payee. Any income generated by the sales of offspring shall be paid in full to the Seller and applied first to interest and then toward the remaining principal balance. Should Buyer elect to sell and alpaca being purchased on contract, the entire outstanding balance including principal, interest, and any penalties shall immediately become due in full to Seller. In the event the scheduled payment on a financed alpaca is not received by Seller within 10 days of the due date, Buyer agrees to pay a penalty payment of $250 per late payment. Additionally Buyer agrees that they will pay a $250 service charge on any NSF checks. Should any payment become 60 days or more past due, this note shall be considered to be in default, and Buyer agrees that the interest rate on this promissory note shall automatically increase to 14% per annum on any and all unpaid balances, penalties and service charges, until principal balance, services charges, penalties and interest are paid in full. In the event of any default, any remaining balance, including accrued interest and penalties shall be immediately due and payable in full. If an alpaca is purchased by multiple buyers (partnership/syndicate), and that alpaca is financed, said buyers are to make one single payment per period (not multiple checks from each buyer). Registration will not be transferred to any buyer until the full purchase price, including principal, interest, and any accrued penalties are paid in full. BIDDING / AUCTIONEERS ROLE.: The Auctioneer is not an employee of Celebrity Sales LLC and is an independent contractor utilized for the auction. 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. 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/her 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. 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 bidder, or to re-offer and resell the alpaca in question. The Auctioneer’s determination is conclusive and not subject to challenge. The Auctioneer’s determination of the successful Buyer hereunder shall be final, and Buyer and Seller waive any claims whatsoever of any nature against the Auctioneer, Celebrity Sales LLC, the Sale Hosts and the Seller. All sales are final and there will be no exchange or refunds. The Auctioneer reserves the right to reject any bid. TAPE: A video and/or audio tape recording will be made of the entire sale, which shall be used to settle any questions regarding statements made about animals while they are in the auction ring. 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 or injury, or any veterinarian costs for the alpaca becomes the Buyer’s risk upon the fall of the hammer. The Sale Hosts assumes no liability for loss or injury due to theft, mysterious disappearance, sickness, improper handling or acts of God, and Buyer specifically waivers any and all claims it may have against the Sale Hosts arising out of any of the above aforementioned occurrences. REGISTRATION PAPERS: All registration papers will be delivered when the alpacas are paid for in full. The Buyer is responsible for all transfer fees. DEFAULT OF PURCHASE: If any person shall purchase a lot 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 lot, 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, together 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 any deficiency between the original total 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 purchase other than immediate removal must be made directly between Buyer and Seller. CATALOG: Every effort has been made to assure correctness of the catalog. However, neither the Sale Hosts, Celebrity Sales LLC, nor the Auctioneer is responsible for any errors or omissions, 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 or warranties regarding 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 information. 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. 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, obligations, and/ or responsibilities of any kind or nature shall be imposed upon Seller, Sale Hosts, the Auctioneer, Celebrity Sales LLC, or any owners, employees or assigns, for any accident, injury, mishap,
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