IMPORTANT NOTICES HEALTH REQUIREMENTS: All alpacas entering Oregon must meet state veterinary requirements and must be BVDV negative. All alpacas in the auction must have a pre-purchase health examination conducted by a veterinarian within 30 days prior to the auction. INSPECTION OF ALPACAS: Buyers are urged to examine the alpacas carefully and familiarize themselves with pedigree and other information prior to bidding. Unless otherwise specifically agreed to in writing by the Seller, all sales shall be “As-Is,” and failure to inspect the alpacas will not be grounds for rescission of the purchase. Failure of Buyer to perform due diligence shall not be grounds for modification or rescission of purchase. 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. 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. Although every reasonable effort will be made to execute these bids, neither the Seller, Sale Hosts, Celebrity Sales LLC, the auctioneer or any agents will be responsible for any errors in, or failure to execute absentee bids, whether online, by telephone, or personal representation. TELEPHONE AND INTERNET BIDDING: Telephone and Internet bids are accepted subject to the Terms and Conditions of Sale. Although every reasonable effort will be made to execute these bids, neither DVAuctions, Sale Hosts, Celebrity Sales LLC, nor the Auctioneer will be responsible for any error or failure to execute absentee bids. BREEDING/DUE DATES: Breeding dates and due dates may be announced at the sale if not included in the catalog. These dates are for information only and are not binding upon the Sale Hosts, Celebrity Sales LLC, the Auctioneer or the Sellers. AGISTMENT AVAILABILITY: Buyers of alpacas at the auction who wish to agist their alpacas until transportation can be arranged may do so at Sale Hosts’ for a complimentary period up to 30 days. After 30 days, an agistment fee of $5.00 per day will be charged for adult alpacas and no charge for crias at side. DISCLAIMER OF LIABILITY OF SALE HOSTS: Buyers acknowledge and agree that the only liability to them on the part of Sale Hosts shall be in their capacity as a Seller. COVID-19 PRECAUTIONS & DISCLAIMER Attendees acknowledge that participation in any group event carries with it certain inherent risks related to COVID-19 transmission that cannot be eliminated regardless of the care taken to avoid such risks. Any person attending Education with Destination / Destination Auction does so at their own risk. Attendees understand that should they become infected with COVID-19, serious health issues or death may occur. Attendees agree to assume all risk, and agree to hold Celebrity Sales, LLC and their staff and employees, and Sale Hosts’ staff and employees harmless from any liability or damages of any kind.
theft, damage and/or other harm regardless of cause. Buyer acknowledges and agrees that in no event shall the Sale Hosts, Celebrity Sales LLC, 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 connection with this Agreement in any way. DISCLAIMER OF LIABILITY: Neither the Auctioneer, Celebrity Sales LLC, nor any agents, make any representation or warranties whatsoever with respect to the sale animals. All representations contained herein are made by Seller only. Celebrity Sales LLC makes no warranties or representations concerning the animals. Celebrity Sales LLC makes no warranty whatsoever regarding the animals including any express warranties or implied warranties for fitness for a particular 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. Any information or representation in a Catalog or announced 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 constitute 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 AND/OR SALE HOSTS HARMLESS AND FREE FROM ANY LIABILITY for any problem in quality or defect in the animal sold. 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 (and by filing a claim with) Arbitration Service of Portland, Inc. (“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. Choice of Law. The laws of the State of Oregon shall apply to all arbitrations or any suit filed in court. 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 the party not prevailing shall pay the prevailing party’s costs, disbursements, and attorney fees and expenses of expert witnesses. In determining reasonable attorney fees, ORCP 68 shall apply. Additionally, 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.
CHANGE OF VENUE: The Sellers and Buyers agree to hold the Sale Hosts 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. FORCE MAJEURE: The obligations of any of the Sale Hosts, the Auctioneer, the Seller, or their agents, to perform under this Agreement 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 instrumentality thereof; fire, storm, flood, earthquake, insurrection, pandemic, riot, invasion or strikes. HOLD HARMLESS INDEMNIFICATION AGREEMENT: The Sale Hosts are 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 Sale Hosts against any and all claims made for any reason at the 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 Sale Hosts, Celebrity Sales LLC, and the Auctioneer have made no representations or warranties or any guarantees of any type whatsoever regarding the services provided for hereunder or the alpacas, including without limitation in regards to the soundness, fertility or birthing of any alpaca in the sale. Both the Sellers and Buyers agree to hold harmless and indemnify the Sale Hosts, Celebrity Sales LLC and the Auctioneer from any claims made regarding the health or soundness of any alpaca in the sale. GOVERNING LAW: The sale and all transactions between the Buyer and Seller will be governed by the laws of the State of Oregon. In the event of any legal disputes regarding default of payment or any other condition of this sale, jurisdiction shall be Deschutes County, Oregon. REGISTRATION & MICRO-CHIPPING: Seller shall warrant that all alpacas made available for sale at the auction shall be registered with AOA and micro-chipped, except for crias at side. AUTHORIZED AGENTS: Persons acting as agents must be indicated as such when signing the Acknowledgement of Purchase, and the Sale Hosts and Seller may rely on such agency representation and Buyer shall be bound by the acts of its agent. WITHDRAWAL AND SUBSTITUTIONS : No substitutions will be allowed without the prior written approval of Celebrity Sales, LLC. A $1,500 withdrawal fee may be charged if Seller’s cataloged animal for sale is withdrawn prior to the auction by Seller for any reason other unsoundness as documented by a veterinarian. In the event that the animal is withdrawn prior to the auction because the animal was sold prior to the sale, Seller shall pay Celebrity Sales, LLC 15% of the selling price or a $1,500 withdrawal fee, whichever is greater. SELLERS’ RIGHTS & COMMISSIONS: Unless stated to the contrary, the Seller or representative/ agent of Seller shall have the right to bid on its own alpaca, or place a minimum reserve bid with the auction company. In the event of the Seller repurchasing said lot, Seller is obligated to pay the auction company the greater of $600, or 10% of the reserve amount set by owner. The commission on sales shall be the greater of $600 or 10% of the selling price.
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