MIDWEST SELECT ALPACA AUCTION
Terms and Conditions of Sale
The following Terms and Conditions as amended by any notices or announcements by the Auctioneer during the auction, constitute the entire agreement between Midwest Alpaca Auction (the “Host”), sellers of alpaca’s at the auction, (each a “Seller” and collectively the “Sellers”), and bidders and buyers at the auction (each a “Buyer” and collectively the “Buyers”). The “Auctioneer” shall be the party or parties identified by the Host, on or before the auction, as the auctioneer for the respective auction event.
Terms are cash payment in full, or with terms approved by the Seller; personal checks are to be payable to Midwest Select Alpaca Auction. Seller reserves the right to require a certified check as settlement before releasing the animal or its registration paper. Registration papers will not be released until personal checks clear the bank. Registration papers for a financed alpaca(s) will not be transferred to the Buyer until the financed alpaca(s) is paid in full. All crias born from financed females will be registered in Seller’s name until the alpaca is paid in full. All signed certificates for services performed from financed males will be signed by the Seller as owner at the time of the breeding until alpaca is paid in full. Any and all monies 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 until the alpaca 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 Buyer, 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. The Auctioneer’s determination of the successful Buyer hereunder shall be final and conclusive and Buyer waives any claims whatsoever of any nature against the Auctioneer, the Host and the Seller, based on the Auctioneer’s final determination hereunder.
Risk of Loss: All sales are final upon the fall of the hammer, and an acknowledgement of the Purchase shall be signed by each Buyer following their purchase. All risk of loss, including but not limited to death, injury, or any veterinarian costs for the alpaca becomes the Buyer’s risk upon the fall of the hammer. The Host assumes no liability of the loss or injury due to theft, mysterious disappearance, sickness, improper handling or acts of God, and Buyer specifically waiver any and all claims it may have against the Host arising out of any of the above aforementioned occurrences.
Declaration of health insurance applications for Prairie States Ins. will be filled out for every consigned alpaca. If Seller chooses another insurance company, proof of insurance is needed within 48 hours to Auction Hosts or Prairie States Insurance will be the default insurance company covering the alpaca.
Registration Papers: All registration papers will be delivered when the alpaca(s) are paid for in full. The Buyer is responsible for all transfer fees.
Default of Purchase: If any person shall purchase an alpaca 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 alpaca, 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 Buyers own expense, shall transport the purchased alpaca from the designated location. Purchased alpacas can be picked up at either of the Hosts ranches within a week following the Auction. Any arrangements or disposition of the alpacas after the purchase other than immediate removal must be made directly between the Buyer and Seller.
Catalog: Every effort has and will be made to assure correctness of the auction catalog. However, neither the Host nor the Auctioneer are responsible for any errors or omissions and they assume no liability on their part for statements, either written or verbal on any alpacas sold. To the extent there are any representations and warranties regarding any animal, such representations and warranties shall be deemed to be only made by the Seller of the animal. The respective Seller is the sole warrantor of all such information. Any corrections made at the time of the sale from the Auctioneer’s podium shall supersede the catalog and any and all claims made prior thereto.
Change of Venue: The Sellers and Buyers agree to hold the Hosts harmless for 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.
No Liability: Any person attending the sale, whether as a Buyer, Seller, observer, or the agent, employee or assign of any person, does so at their own risk and no liability, duties or obligations, and/or responsibilities of any kind or nature shall be imposed upon any of the Hosts, the Auctioneer, or any of their owners, employees, or assigns for any accident, injury, mishap, theft, damage, and/or other harm regardless of cause. Buyer acknowledges and agrees that in no event shall the Hosts, 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 Hosts, the Auctioneer, nor any agents thereof, make any representations or warranties whatsoever with respect to the subject matter of this agreement, including without limitation, the sale of animals or the services provided hereunder. Any representations or warranties in connection with any animals are made solely by the respective seller only. Unless otherwise specifically agreed to elsewhere in writing by the seller, all sales of animals are on an “as-is basis”, and the Hosts, the Auctioneer, and the Sellers disclaim all warranties, whether express or implied, oral or written, with respect to the alpacas and the service provided for hereunder, including without limitation all implied warranties of merchantability or fitness for any particular purpose.
Force Majeure: The obligations of any of the 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 order of any governmental authority of any officer, department, agency or instrumentality thereof; fire, storm, flood, earthquake, insurrection, riot, invasion or strikes.
Hold Harmless Indemnification Agreement:
Resolution of Dispute: Any Dispute or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled in Manitowoc County, WI by arbitration in accordance with Wisconsin Arbitration Act. A single arbitrator shall here this matter. The sale and all transactions between those parties will be governed, construed and enforced in accordance with the laws of the Commonwealth of Wisconsin.
Blood Typing & Micro-Chipping: Seller shall warrant that all alpaca(s) made available for sale at the auction shall be ARI registered blood typed and micro-chipped.
Authorized Agents: Persons acting as agents must be indicated as such when signing the Acknowledgement of Purchase and the Hosts and Seller may rely on such agency representation and Buyer shall be bound by the acts of its agent.
Withdrawal Rights: Seller reserves the right to withdraw any alpaca from the sale prior to the fall of the hammer without liability to Buyer. Sellers are responsible for putting a minimum price on their consignment. This will be a “hard” reserve price.
Inspection of Alpacas: Buyers are urged to examine the alpacas carefully. 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.
Absentee bids: Absentee bidding is available to Buyers subject to these Terms and Conditions for Sale and is provided 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 alpaca or alpacas of Buyer’s responsible for any errors or failure to execute bids.
Telephone Bidding: Telephone bids are accepted subject to the Terms and conditions of Sale. Although every reasonable effort will be made to execute these bids, neither the Hosts nor the auctioneer will be responsible for any error or failure to execute bids.
No Liability: Consignor acknowledges and agrees that neither Longview Grange Alpacas Inc., Kinney Valley Alpacas Inc. or LondonDairy Inc. shall have any liability to Buyer whatsoever, arising out of any cause whatsoever, except solely as it may arise out of its capacity as Seller.
Warranties: The following warranties offered: