Terms and Conditions

The following Terms and Conditions, as amended by any posted notices or announcements by the Auctioneer during the auction, constitute the entire agreement between Magical Farms, Inc., Ameripaca Alpaca Breeding Company, guest consignors (the Seller), on the one hand, and bidders at the auction, on the other hand.

WARRANTIES

All female alpacas sell with a live birth guarantee which means that should the alpaca not have a live birth, the respective Selling farm will rebreed for free. Warranty ends after first birth. Abuse or neglect on the part of the buyer resulting in a lost pregnancy (such as not shearing in the spring for summer) will nullify all warranties.

Proven males have settled a female, or been tested fertile, within the last 60 days. There are no other express or implied warranties.

Young males have been checked by a veterinarian and found to have anatomically correct reproductive organs and will be capable of settling a female before the age of four. There are no other express or implied warranties. Abuse or neglect on the part of the buyer resulting in the sterility of the male (such as not shearing in the spring for summer) will nullify all warranties.

All maiden females sell with a free breeding to Seller's farm male. If maiden is not bred at Seller's farm, all warranties, either expressed or implied are void.

Buyer must give written notice to Selling farm of a perceived defect within 24 months of the auction for a female and 36 months of the sale for a male. Written Notice must include statement from veterinarian of any claimed abnormality. Selling farm has three months time to verify problem. After confirmation of problem or abnormality, 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.

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 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 Sellers 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.

TERMS

A. 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. Seller reserves the right to require a certified check as Settlement before releasing the animal.

B. Financed Sale: Seller may finance alpaca with 25% down, to be paid immediately following purchase at the auction. Balance may be financed at prime rate plus 1% fixed at the time of the sale for up to 48 months. Payments are to be made monthly. Buyer will be required to sign a note, a purchase agreement, and must insure purchase in the amount of money financed, naming either Ameripaca Alpaca Breeding Company or Magical Farms, Inc. as loss payee. Any late payments shall be subject to a $100.00 late fee. Animals may not leave the United States until paid in full. No financed animals will have registration papers transferred into the purchasers name until they have been paid for in full. All crias will be registered in Seller's name until the dam is paid in full. 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 the outstanding balance on the note or used to purchase a new alpaca from the Seller. Financed herdsires will remain in Seller's name until paid in full.

BIDDING: 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. 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 reserves the right to reject any bid.

TAPE: A 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.

TITLE AND DELIVERY: Title passes to the Buyer upon the fall of the hammer. All risk of death or injury to the alpaca becomes the Buyer's risk upon the fall of the hammer. An Acknowledgement of Purchase shall be signed by each Buyer following their purchase. Please write your full name and address clearly.

REGISTRATION PAPERS: All registration papers will be delivered when checks clear the bank, or in the case of a financed animal, when the note is paid in full. Buyer is reponsible 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 of 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 purchase price and the total purchase price upon resale.

TRANSPORTATION: The Buyer, at Buyer's own expense, shall transport the Alpaca from the auction. Any arrangements or disposition of the alpaca after purchase other than immediate removal must be made directly between the Buyer and Seller. Alpacas remaining at auction location will be charged Board beginning 10 days after the auction. Buyer is reponsible for all medical bills.

CATALOG: Every effort has been made to assure correctness of the catalog, but the Seller is not responsible for errors or omissions. Any corrections made to the catalog at the time of the sale from the Auctioneer's podium shall supersede the catalog.

NO LIABILITY: Any person attending the sale, 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 the Seller, the Auctioneer, Celebrity Sales, Tim Vincent and/or Tom Simmons, or any owners, employees or assigns, for any accident, injury, mishap, theft, damage and/or other harm regardless of cause.

DISCLAIMER OF LIABILITY OF AUCTIONEER: Neither the Auctioneer, Celebrity Sales, Tim Vincent and/or Tom Simmons, nor any agents, make any representation or warranties whatsoever with respect to the sale animals. All representations contained herein are made by the Seller only.

BLOOD TYPING AND REGISTRATION: All breeding animals in the sale have been blood typed and ARI registered.

AUTHORIZED AGENTS: Persons acting as agents must so indicate when signing the Acknowledgement of Purchase.

WITHDRAWAL RIGHTS: The Seller reserves the right to withdraw any alpaca from the sale without liability to anyone.

GOVERNING LAW: The sale and all transactions between the Buyer and Seller will be governed by the laws of the State of Ohio.

 

IMPORTANT NOTICES

ABSENTEE BIDS: Absentee bidding is available as a convenience for Buyers who are unable to attend the auction. Bids may be left with an auction representative who will try to purchase the lot or lots of Buyer's choice for the lowest price possible, and never for more than the maximum amount authorized. These bids are accepted subject to Terms and Conditions of Sale. Although every effort will be made to execute these bids, Seller will not be responsible for error failure to execute bids.

Breeding dates and due dates will be announced at the sale; these dates are for your information only.

FREE BOARD: Ten days free board are offered for all sale alpacas. Thereafter, board as low as $3.00/day/single and $4.00/day/mother and cria will be charged. All veterinary expenses incurred are the responsibility of the Buyer.

 

BUYERS ARE URGED TO EXAMINE ALPACAS CAREFULLY AND READ TERMS AND CONDITIONS.