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 The Peruvian Classic Sale and/or The Seller on the one hand, and bidders on the other.

WARRANTIES
The alpaca(s) is (are) injury free at the time of buyer’s purchase. Buyer has had the opportunity to fully and completely examine the purchased alpaca(s) and is fully satisfied with its (their) condition. Except as provided in the limited warranty below, the alpaca(s) is (are) sold “as is”.

PROVEN MALES: A proven male is a male which has settled a female or which has been tested fertile. There are no expressed or implied warranties for proven males.

JUNIOR HERDSIRES: A junior herdsire is a male that has not settled a female. Junior herdsire are guaranteed to settle a female before he reaches 4 years old.

PROVEN FEMALES: A proven female is a female which has already had a cria. Proven females will be considered fertile. There are no expressed or implied warranties for proven females.

BRED MAIDENS AND YOUNG FEMALES: These are females that have not had a cria yet, they are guaranteed to deliver a live cria which lives for a minimum of 72 hours after birth. CRIA sold at side of dam are sold "as is".

BUYERS REMEDY FOR EXPRESSED WARRANTY: Buyer must give written notice to Selling farm of a perceived defect within 12 months of auction for female and 24 months of the sale for a male. Seller has 6 months to verify problem stated by buyer. After confirmation of problem or abnormality, Seller will, at Seller's option, either: (1) Choice of registered alpaca of same sex and value available from Seller, (2) 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)A refund of the purchase price providing further that Buyers must convey the alpaca back to the Seller (including the signed registration certificate), free and clear of any liens and/or encumbrances, and execute a release of all claims arising out of this contract.

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 Sellers written permission.


TERMS
Seller agrees to offer three payment options to the Buyer which are as follows:

Cash Sale: Terms of the sale are cash and payment in full must be made to the cashier immediately following the purchase; checks are payable to Seller. Seller reserves the right to require a certified check as Settlement before releasing the animal(s).

90 Days Same as Cash: 50% of the purchase price must be paid to the Seller in cash immediately following the sale. The balance of the purchase price must be paid on or before 6/27/2021. The Buyer will execute an Acknowledgement of Purchase, Promissory Note and must insure the alpaca for the amount financed with Seller named as loss payee until Alpaca is paid in full. The Seller will retain the registration and the alpaca until the alpaca is paid for in full. Buyer agrees to Default of Purchase clause (Section 8) in User Agreement.

Financed Sales: Seller may finance the alpacas with 25% down to be paid immediately following the sale. Balance may be financed at 4% simple interest rate for up to 1 year. Payments are due on the first day of every month for up to two years. Buyer will execute an Acknowledgement of Purchase, a purchase agreement and Promissory Note, and must insure the alpaca in the amount of the purchase price with Seller named as the loss payee. Seller will retain the registration and the alpaca until the alpaca is paid in full. All crias will be registered in Seller’s name at Buyer’s expense to be transferred upon the final payment of the dam. If Buyer wishes to sell the 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 8) in User Agreement.

PEN SALE: Sale of the alpacas will be by private treaty. The Pen Sale will end on March 28th, 2021 at 3:00pm EST. Neither the Peruvian Classic Sale, nor The Buckeye Alpaca Show will be held responsible for either missed bids, internet connections, nor any other problems at the time of the sale.

TITLE AND DELIVERY: Title passes to Buyer upon the close of the lot. All risk of death or injury to the alpaca becomes Buyer’s risk upon the fall of the hammer. Each Buyer shall sign an Acknowledgement of Purchase immediately following their purchase.

REGISTRATION PAPERS: All registration papers will be delivered when checks clear the bank, or in the case of a financed animal, when alpaca is paid for in full. All Sale Alpacas are registered with AOA, Inc.

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 defaulting Buyer agrees to pay all cost of such suit, together with all reasonable attorney’s fees and costs. In the event, 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 expense, shall transport the alpaca from the Seller's property or the place at which the alpaca is located. Any arrangements or disposition of the alpaca after purchase other than immediate removal must be made directly between the Buyer and Seller.

CATALOG: Every effort has been made to assure correctness of the catalog, but the Seller and the auction management is not responsible for error or omissions. Any corrections made to the catalog at any time shall supersede previously listed information.

NO LIABILITY: Any person attending the sale, whether as a Buyer, observer, or the agent, employee or assign of 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 Auction, or any owners, employees or assigns, for any accident, injury, mishap, theft damage and/or other harm regardless of cause.

DISCLAIMER OF LIABILITY: The Peruvian Classic Sale, The Buckeye Alpaca Show, nor any agents, make any representation or warranties whatsoever with respect of the sale animals. All representations contained herein are made by Seller only.

AUTHORIZED AGENTS: Person acting as agent must so indicate when signing the Acknowledgement of Purchase.

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

FREE BOARD: Seven calendar days from the time of auction is offered free board for all alpacas. Thereafter, board at $5.00/day/ single alpaca and $7.00/day/mother and cria will be charged. Buyer will be responsible for any expenses including, but not limited to veterinary fees. Fees to be paid in full prior to release of said alpaca.

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