Terms and Conditions of Sale The following Terms and Conditions as amended by any posted notices or announcements by the Auctioneer during the auction, constitute the entire agreement between SNOWMASS ALPACAS LLC, or guest consignors (the Seller), on the one hand , and bidders on the other hand. WARRANTIES • Each maiden female alpaca(s) sold is guaranteed to become pregnant. Each pregnant female alpaca is sold guaranteed to birth a live cria. Warranty ends after the first birth. The Seller is not liable for circumstances beyond their control causing infertility. All female alpacas that are not pregnant and over six months of age come with a no-cost breeding to a non restricted herd sire solely owned by Seller. • A proven female/male alpaca(s) is an alpaca(s) which has already produced a cria. A proven male alpaca is a male that has produced a cria or has successfully impregnated a female alpaca. A proven alpaca(s) will be considered to be fertile. There are no expressed or implied warranties for a proven producer. Newborn crias, six months of age or less, sold with their dams are sold with no expressed nor implied warranties. • A young male alpaca(s) is sold guaranteed to have anatomically correct reproductive organs and will be capable of settling a female before the age of four. Buyer must given written notice to Selling farm of any perceived reproductive defect within 24 months of the auction for a female and 36 months for the sale for a male. A written evaluation must be presented from buyer’s veterinarian disclosing health practices and suspected reasons for infertility. Seller shall have 3 months to verify problem. After confirmation of problem or abnormality, seller shall at Seller’s option, either: (1) replace the alpaca with 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 prices or (3) give a refund price paid at the auction. The Seller is not liable for circumstances beyond their control causing infertility. This includes while the male alpaca(s) is in the possession of the Buyer. Young male alpaca(s) must be full body shorn annually before temperatures exceed 80º Fahrenheit, failure to do so will void the warranty and Buyer’s Insurance policy will be the sole source of remedy. * If abuse or neglect occurs to purchased alpaca(s) while in Buyer’s possession resulting in a lost pregnancy and or infertility, this will nullify all warranties. UNLESS AS EXPRESSLY STATED ABOVE, SELLER MAKES NO WARRANTY OF MERCHANTABLITY AND NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NOR DOES THE SELLER MAKE ANY WARRANTY EXPRESS OR IMPLIED OF ANY NATURE WHATSOEVER WITH RESPECT TO THE AMIMALS IN THIS SALE. The foregoing is the full extent of the responsibility of the Seller and by the 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 an alpaca(s) with 30% down to be paid immediately following purchase at the auction. The balance may be financed at Prime Rate plus 1% fixed at the time of the auction and adjusted quarterly at 1% plus prime at the option of the Seller. Financing terms are 36 months for males, and 12 months for females sold under $20,000 and up to 36 months for females sold above $20,000. Payments are to be made monthly unless arranged otherwise with seller. Buyer will be required to sign a note, a UCC-1 Form, Sales Contract, and must obtain a non-deductible insurance policy for the amount of money financed with Snowmass Alpacas LLC named as Loss Payee. All late payments will be subject to a $300.00 late fee. The alpaca(s) may not leave the United States until paid in full. Registration papers for a financed alpaca(s) will not be transferred into the Buyer’s name until the financed alpaca(s) has been paid for in full. All crias born from financed females
will be registered in Seller’s name until the alpaca(s) is paid in full. All signed certificates for services performed from financed males will signed by Seller as owner at time of breeding until the alpaca(s) is paid in full. Any and all moneys generated from the financed alpaca(s) including but not limited to the sale of offspring, breeding service, insurance proceeds and the like will go against the unpaid balance owed to the Seller until the balance is 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. Agents Authorization: Persons acting as agents must so indicate on the Sale Ticket. TAPE: A recorded tape will be made of the entire sale which shall be used to settle disputes regarding statements made about animals while they were 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 “Acknowledgment of Purchase” shall be signed by each buyer following their purchase. Please write your full name and address clearly. Any arrangement for disposition of the alpaca after purchase other than immediate removal must be made directly between Buyer and Seller. REGISTRATION PAPERS: All registration papers will be delivered when the checks clear the bank, or in the case of a financed animal, when the note is paid in full. Buyer is responsible for all transfer fees. DEFAULT OF PURCHASE: If any person shall purchase a lot and not pay for it as 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 suite, 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(s) from the auction. Any arrangements made for the alpaca(s) after purchase, other than immediate removal, must be made directly between the Buyer and Transporter or Seller. Buyer is responsible for all medical bills. There will be transporters available at the auction to deliver the alpacas to the Buyer’s farm for the Buyer. If buyer needs agistment with Seller, arrangements can be made for alpaca(s) to be transported and boarded at Seller’s Farm. CATALOG: Every effort has been made to ensure correctness of the catalog; however, the Seller is not responsible for errors or omissions. Breeding dates and due dates are recorded as performed and given for your information only and are not guaranteed. Any known corrections shall be announced at the sale. The Auctioneer’s Box announced corrections shall take precedence over any and all statements made in this catalog. NO LIABILITY: Any person attending the auction sale does so at his own risk and no liability, duties, obligations, and/or responsibilities shall be imposed upon Snowmass Alpacas LLC or Celebrity Sales for any accident, injury, mishap, theft, damage, and/or any other harm regardless of the source of imposition. DISCLAIMER OF LIABILITY OF AUCTIONEER: Neither the Auctioneer, Celebrity Sales, Tim Vincent and/or Tom Simmons, nor any gents, make any representation or warranties whatsoever with respect to the sale animals. All representations contained herein are made by the Seller. GOVERNING LAW: The sale and all transactions between the Buyer and Seller will be governed by the laws of Bonner County in the State of Idaho. IMPORTANT NOTICES ABSENTEE BIDS: Absentee bidding is available as a convenience for Buyers who are unable to attend the auction. 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 or failure to execute bids. BUYERS ARE URGED TO EXAMINE ALPACAS CAREFULLY AND READ TERMS AND CONDITIONS.