getalpaca.com - Auction Policies/Warranties/User Agreement

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Policies/User Terms/Agreements - Chase Tavern Farm's Super Select Sale

In order to use this site you must agree to the following:
1. The following Terms and Conditions, as amended by any posted notices or announcements by the Site Administrators during the auction, constitute the entire agreement between getalpaca.com or guest consignors (the Seller), on the one hand, and bidders at the auction, on the other hand.
2. WARRANTIES:
A. ALL FEMALES: Sell with a live birth guarantee to deliver a cria that lives for 10 days after birth. This is only valid if an IgG and written health exam by a state licensed veterinarian are done on both dam and cria at birth and then again at 24 hours, the dam has been shorn in 2007 and all proper care has been provided for to the owner's best abilities. Should the alpaca not have a live birth or cria that lives for 10-days, proof of examination by licensed vet and copy of IgG results to be supplies to the Seller and which point, Seller will rebreed for free to available Seller’s male(s). Transportation and all necessary expenses to the Seller and during course of re-breeding are at Bidder's expense. Board rate of $3.00/day per alpaca will be charged while at Seller.
B. MAIDEN FEMALES: Maiden females sell guaranteed to have anatomically normal reproductive tracts and with a breeding to Seller’s farm male(s) when the female is of age to breed. This breeding will include a live birth guarantee. This breeding is not transferable to another female or redeemable for cash value.
C. BRED MAIDENS: A bred maiden is a female that has not had a cria and is determined to be pregnant by ultrasound. Bred maidens sell with a live birth guarantee.
D. NEWBORN CRIAS: There are no expressed or implied warranties of any kind for newborn crias, male or female sold at their dam's side or in-utero.
E. JUNIOR HERD SIRES: A junior herd sire is a male that has not settled a female. Junior herd sires are guaranteed to settle a female by three 1/2 years of age. Junior herd sires have been checked by a veterinarian and have been found to have anatomically normal reproductive organs.
F. PROVEN MALES: A proven male is a male that has settled a female. Proven males will be considered to be fertile. There are no expressed or implied warranties for proven males.
G. BUYERS REMEDY FOR EXPRESSED WARRANTY: Buyer must give written notice to seller of a perceived defect of the reproductive system within 12 months of auction for a female and by the third birthday for a male. Veterinarian evaluation is required to prove a defect is present. Seller has 6 months to verify problem stated by Buyer. After confirmation of reproductive problem or abnormality, Seller will, at Seller’s option either: (1) replace the alpaca with an alpaca of equal value, (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. EXCEPT AS EXPRESSLY STATED ABOVE, SELLER MAKES NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NOR DOES SELLER MAKE ANY WARRANTY EXPRESSED OR IMPLIED OF ANY NATURE WHATSOEVER WITH RESPECT TO THE ANIMAL 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 charges or expenses of any nature incurred without Seller's written permission. If not defect is found, Seller will return the alpaca to Buyer after Buyer has satisfied any outstanding medical expenses or board occurred during the trial process.
3. CURRENCY: All bids are in US Dollars. All settlements for alpaca are to be paid in US Dollars.
4. TERMS-
Cash Sale: Terms of the sale are cash payment in full, check payment in full or wire transfer of funds and must be made within three (3) working days following purchase; personal checks are to be payable to consigning farm.. Seller reserves the right to require a certified check as settlement before releasing the animal.
60 Days Same As Cash: 50% of the purchase price must be paid to consigning farm by check, money order or wire transfer within three (3) working days of the auction. The balance of the purchase price must be paid to Seller on or before May 4, 2007. Buyer will execute a Promissory Note, a Purchase Agreement and provide proof of insurance in the amount of the purchase price with seller named as loss payee. Seller will retain the registration and alpaca until the alpaca is paid for in full. Buyer agrees to Default of Purchase clause (Section 7) in User Agreement upon becoming a registered bidder. Should the Buyer fail to pay the remaining balance of 50% of the purchase price by date described above, the Buyer forfeits their claim on the alpaca as well as the initial 50% down payment. In the event that the Buyer fails to pay the final payment, the Seller reserves the right to then contact the next highest bidder and resell the alpaca, or to retain ownership.
Financed Sale:

Females: NEW TERMS!! PLEASE READ!!

Seller may finance the alpaca with 25% down, paid by check, money order, or wire transfer within three (3) working days of the auction payable to consigning farm. The balance may be financed at 9% simple interest for the remainder of the 24 months beginning with the first payment due April, 2007. Payments will be monthly on or before the 15th of the month. A late fee of $150 will be applied if the payment is received after this date. Final payment will be due on or before March 4, 2009. ***Buyer will be required to sign a promissory note, a purchase agreement (and if needed board agreement), and must insure the alpaca for the full purchase price with Seller named as loss payee. Seller will retain the registration and retain the alpaca until the alpaca until at least 50% paid in full. All crias will be registered in Seller's name at Buyer's expense to be transferred upon final payment of the dam. If Buyer wishes to sell an offspring of a financed female, Seller will transfer title to new buyer provided all proceeds are used to pay outstanding balance on the note of said financed female. Buyer agrees to Default of Purchase clause (Section 7) in User Agreement upon becoming a registered bidder. Should the Buyer fail to send payments by the dates listed above or misses’ more than one payment due date, then the Buyer forfeits their claim on the alpaca as well as the initial 25% down payment and any other payment(s) that have already been made. Should the Buyer fail to make any of the payments, the Seller reserves the right to then contact the next highest bidder and resell the alpaca, or to retain ownership.

Males: Seller may finance the alpaca with 25% down, paid by check, money order or wire transfer within three (3) working days of the auction payable to the consigning farm. The balance may be financed at 9% simple interest for a term of up to 24 months due monthly on the 15th of every month. See *** in above female for remaining details.

7. REGISTRATION PAPERS: Registration papers will be delivered when check clears the bank or, in the case of a financed alpaca, when the alpaca is paid for in full. Buyer is responsible for all transfer fees.
8. 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.
9. TRANSPORTATION: Delivery is included up to $300 with purchase to the highest bidder with arrangements made by getalpaca.com.
10. ONLINE LISTINGS/CATALOG: Every effort has been made to assure correctness of the web site, but the Seller, getalpaca.com and Chase Tavern Farm are not responsible for errors or omissions. Any corrections or additions made to the online catalog during the sale shall be deemed to be immediately in effect and shall supersede all prior online catalog statements.
11. NO LIABILITY: Any person visiting the sale web site, whether as a Buyer, 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, the site administrators, the selling farm, www.getalpaca.com, Chase Tavern Farm and/or Cindy or Tim Lavan, or any owners, employees or assigns, for any accident, injury, mishap, theft, damage and/or other harm regardless of cause.
12. DISCLAIMER OF LIABILITY OF AUCTION SITE ADMINISTRATORS: Neither the Auction Site Administrators, web site or its composers and/or getalpaca.com, nor any agents, make any representation or warranties whatsoever with respect to the sale animals. All representations contained herein are made by Seller only.
13. BLOOD TYPING: All breeding animals in the sale have been blood typed and registered with the ARI (Alpaca Registry, Inc.)
14. AUTHORIZED AGENTS: Persons acting as agents must so indicate when signing the Acknowledgement of Purchase.
15. WITHDRAWAL RIGHTS: The Seller reserves the right to withdraw any alpaca from the sale without liability to anyone.
16.GOVERNING LAW: The sale and all transactions between the Buyer and Seller will be governed by the laws of the State of the Seller.

IMPORTANT NOTICES
1. FREE BOARD: Thirty days (30) free board are offered for all sale alpacas. Thereafter, board at $3.50/day/single and $5.00/day/mother and cria will be charged. All veterinary expenses incurred are the responsibility of the Buyer.
2.This auction is made available only to those Bidders who are of the legal age of consent in their jurisdiction. By accepting these Terms of Agreement you represent and warrant that you are of legal age of consent and not less than eighteen (18) years old, and are otherwise capable of entering into legally binding contract.
3. Purchasers Certification: Buyer certifies that all items herein are purchased for use or consumption in connection with horticultural or agricultural products as a business enterprise, and agree to reimburse the Seller the sales tax if used or consumed otherwise.
4. Bidders agree and understand that Chase Tavern Farm reserves the right to change the date and time, or web address of this sale should any unforeseen circumstances necessitate such a change. Posted closing times and displays of getalpaca.com current time are approximate. It is recommended that Bidders place bids early to improve chances of winning and to avoid incorrect time zone conversion.
5. BUYERS ARE URGED TO EXAMINE ALPACAS CAREFULLY OR HIRE SOMEONE TO DO SO AND READ TERMS & CONDITIONS.

Questions? Contact us at - info@getalpaca.com

Thank you and HAPPY BIDDING!! in the February 2007 auction!