Winter Gem Matrix Cerise

On-Line Bidding Terms and Conditions: By registering to bid on this auction, bidder is accepting these terms, as well as all Terms and Conditions as printed in the auction catalog and below. All online bidders must register with ProxiBid by 5pm central time on Friday, February 20, 2015. Online bidding is offered solely as a convenience to potential Buyers. Under no circumstances, or for any reason, shall the Seller, Celebrity Sales, ProxiBid, or Amber Autumn Alpacas be held responsible or financially liable for the failure to execute any bid entered on-line. If you have any uncertainty about bidding online, and wish to absentee bid, you should call Tim Vincent at 503-704-9229 by 5pm central time on Friday, February 20, 2015 to make private bidding arrangements. Post Sale Procedure: Within 24 hours of the auction, all successful on-line Buyers will be emailed a sale contract, and payment / wiring instructions. Buyer is to complete and return the signed contract, along with initial payment to Celebrity Sales, 25092 Grange Hall Rd., Philomath, OR 97370. Contract and initial payment are to be received by Celebrity Sales by 5pm on Wednesday, February 25, 2015. Payment: Initial payment is to be received by the auction company no later than 5pm on Wednesday, February 25, 2015. Payment should be sent to Celebrity Sales, 25092 Grange Hall Rd., Philomath, OR 97370. For wiring or other information contact Tim Vincent at Tim@CelebritySales.com, or call 503-704-9229. Sale Terms: The terms of sale are cash, or financing as follows: 34% down payment at time of sale, with 4.5% interest on the term of the contract. For alpacas selling for $15,000 or less, the term of the contract is 24 months. For alpacas selling for more than $15,000 the term of the contract is 36 months. Accepted forms of payment are cash, cashiers check, bank wire, and personal check. Insurance: All alpacas purchased at the auction must be insured for the full value of purchase, under a “Full Mortality” insurance policy, until paid in full. All on-line purchases will automatically be insured with Wilkins Livestock Insurers, and said insurance shall stay in place until the alpaca is paid in full or Buyer provides proof of other insurance. Delivery: Unless prior arrangements are made with, and approved by the Seller, all alpacas purchased on-line will return to the Seller’s farm until the initial payment is received by Celebrity Sales. Once initial payment is collected funds, the alpaca may be shipped to the Buyer’s farm, with shipping arrangement to be made, and shipping fees paid by Buyer. Special Terms & Conditions 1) The following Terms and Conditions, as amended by any posted notices or announcements by the Auctioneer during the auction, constitute the entire agreement between Amber Autumn Alpacas, Celebrity Sales, or guest consignors (the Seller), on the one hand, and bidders at the auction, on the other hand. 2) WARRANTIES: A. PROVEN PRODUCERS: A proven producer is a female that has already had a cria. Proven producers will be considered to be fertile. There are no expressed or implied warranties for proven producers. * If abuse or neglect occurs to a purchased alpaca(s) while in the possession of the buyer that results in lost pregnancy and or infertility, this will nullify all warranties. B. NEWBORN CRIA: There are no expressed or implied warranties for new born cria sold with their dams. C. BRED MAIDENS: A bred maiden is a female that has not yet had a cria and is determined to be pregnant. If the cria is not born alive or fails to survive to 48 hours, the Buyer will receive a rebreeding at no charge to a male owned exclusively by the Seller. Buyer must notify Seller within 24 hours of the still-birth / death of the cria, and the Buyer must use the breeding within 6 months from the date of still-birth / death of the cria. This breeding is non-transferrable to any other alpaca. Birth of a live cria that survives 48 hours from birth shall be considered fulfillment of the warranty, and at which point the warranty ends. There are no other expressed or implied warranties for bred maidens. D. MAIDEN FEMALES: Young females sold as individual lots are guaranteed to have the ability to become pregnant by the time they reach 30 months of age and to give birth to a live cria. Each of these females is sold with a complimentary first breeding to a male owned exclusively by the Seller, at the Seller’s farm. The female must be delivered to seller’s farm for breeding before the female reaches 24 months of age. The female must NOT have been bred or been exposed to any other male prior to delivery to the Seller. Should the buyer fail to deliver the female as set forth above, or if female has been bred/exposed to a male not owned by the seller, all warranties either implied or express are void, and no breeding will be given. If the cria is not born alive, the buyer will receive a rebreeding at no charge to a male owned exclusively by the Seller. This breeding is non-transferrable to any other alpaca. Birth of a live cria that survives 48 hours from birth shall be considered fulfillment of the warranty, and at which point the warranty ends. *If the Seller cannot confirm pregnancy by 30 months of age, the Seller will replace the original female with a female of like quality. Additional health charges unrelated to reproductive issues and transportation to the Seller will be at the expense of the Buyer. E. PROVEN MALES: A proven male is a male that has settled a female or which has been tested fertile. Proven males will be considered to be fertile. There are no expressed or implied warranties for proven males. F. YOUNG MALES: Young males have been checked by a veterinarian and have been found to have anatomically normal reproductive organs. Young males are warranted to have the ability to impregnate a female by the time the male is 42 months of age. Warranty shall be considered fulfilled with the first confirmed impregnation of a female, at which point the warranty ends. The Seller is not liable for circumstances beyond their control causing infertility. This includes while the male is in the possession of the Buyer. Young male alpaca(s) must be fully body shorn annually before temperatures exceed 80 degrees Fahrenheit. Failure to do so shall void the warranty and Buyers insurance policy will be the sole source of remedy. *Should the male be incapable of impregnating a female by 42 months of age, the male will be returned to the Seller for a period of 120 days, during which time the Seller must prove the male’s ability to impregnate a female. If within the 120 days, the male is not capable of impregnating a female, the Buyer shall be entitled to remedy. Remedy shall be either replacement with a similar quality male alpaca or at the option of the Seller, a refund of the purchase price. G. Young Females and Young Males: Seller must be notified in writing by the Buyer’s veterinarian of any claimed abnormality with in 12 months of sale. 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. All alpacas must be cared for in a manner consistent with generally accepted industry practice. Failure by the Buyer to do so will void all warranties either express or implied. 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 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 changes or expenses of any nature incurred without Seller’s written permission. 3) 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 elect to finance a sold alpaca with 34% down to be paid by the buyer, immediately following the purchase at the auction. The balance may be financed at the fixed rate of 4.5%. Finance terms are 24 months for alpacas sold for $15,000.00 or less, and 36 months for all alpacas sold for $15,001 and above. Payments are to be made monthly unless arranged otherwise with seller. All alpacas being financed must have proof of insurance before the Buyer takes possession, naming the Seller as Loss Payee. Buyer must maintain mortality insurance on the animal in the amount of remaining balance until paid in full with the seller named as the loss payee. Buyer will be required to sign a promissory note and a sales contract. C. Registration papers for a financed alpaca(s) will not be transferred into the buyers name until the financed alpaca(s) have been paid for in full. All cria born from financed females will be registered in the Sellers name until the alpaca(s) is paid in full. All signed certificates for services performed from financed males will be signed by Seller at time of breeding until the alpaca(s) is paid in full. Any and all monies generated from the financed alpaca(s) including but not limited to the sale of offspring, breeding fees, and insurance proceeds, will go against the unpaid balance owed to the Seller until the Seller is paid in full. Buyer is responsible for all transfer fees. D. In the event the scheduled payment of a financed alpaca(s) is not received within 10 days of the due date, Buyer agrees to pay the seller a penalty payment of $250 per late payment. Additionally Buyer agrees that they will pay a $250 service charge on any NSF checks. Should any payment become 30 days or more past due, this note shall be considered to be in default. In the event of any default, any remaining balance, including accrued interest and penalties shall be immediately due and payable in full. 4) BIDDING/AUCTIONEERS ROLE: The Auctioneer is not an employee of Celebrity Sales or Amber Autumn Alpacas and is an independent contractor utilized for the auction. 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. 5) 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. 6) TITLE AND DELIVERY: Title will pass to the Buyer upon full payment of the purchase price. All risk of death or injury to the alpaca becomes the Buyer’s risk upon the fall of the hammer. Each buyer shall sign an “Acknowledgement of Purchase.” Please write your full name and address clearly. 7) INSPECTION OF ANIMALS. Buyers are urged to inspect the animals prior to the sale. Any questions regarding the animals that are not contained in the sales catalog should be directed to the Seller and not to Celebrity Sales. Buyers are urged to carefully examine the animals and familiarize themselves with pedigree and other information prior to bidding. Buyer should review all ARI registration and health information of the animals prior to sale. Animals in the auction may have been shorn, trimmed, or cleaned for health and/or presentation reasons. Failure of Buyer to perform due diligence shall not be grounds for modification or rescission of purchase. 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: The Buyer, at Buyer’s own expense, shall transport the alpaca(s) from the auction. Any arrangement or disposition of the alpaca after purchase other than immediate removal must be made directly between Buyer and the Transporter or Seller. There will be transporters available at the auction to deliver the alpaca(s) to the buyer’s farm. If the buyer needs agistment with the seller, arrangements can be made for the alpaca(s) to be transported and boarded at the seller’s farm. 10) 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. 11) 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 Seller, Amber Autumn Alpacas, the Auctioneer, Celebrity Sales, Tim Vincent, or any owners, employees or assigns, for any accident, injury, mishap, theft, damage and/or other harm regardless of cause. 12) Unless stated to the contrary, the Seller or representative/agent of Seller shall have the right to bid on his animal selling, or place a minimum reserve bid with the auction company. Commissions on sales shall be 10% of the final bid on the alpaca. In the event of the Seller repurchasing said lot, Seller is obligated to pay the auction company a commission of 8% of the final bid. 13) CELEBRITY SALES. CELEBRITY SALES. As used in this agreement, “Celebrity Sales” includes Tom and/or Nancy Simmons, Tim and/or Teresa Vincent, and any agents, representatives, employees and/or affiliates. DISCLAIMER OF LIABILITY OF AUCTIONEER: Neither the Auctioneer, Celebrity Sales, Tim Vincent and / or Teresa Vincent, nor any agents, make any representation or warranties whatsoever with respect to the sale animals, as to their soundness, fertility, or birthing ability. Both the Sellers and the Buyers agree to hold harmless and indemnify Celebrity Sales and auctioneer from any claims made regarding the health or the soundness of any alpaca in this sale. All representations contained herein are made by Seller only. Celebrity Sales assumes no responsibility, legal or otherwise, in regard to the sale contract. Buyer and Seller further agree to hold CELEBRITY SALES HARMLESS AND FREE FROM ANY LIABILITY for any and all claims regarding the failure on the part of either Buyer or Seller to perform the terms of any sale including but not limited to any claim for rescission, fraud, negligent misrepresentation, breach of warranty, breach of contract, failure to deliver animal, and breach of any implied covenant. 14) BLOOD TYPING: All breeding animals in the sale have been blood typed by the ARI. 15) AUTHORIZED AGENTS: Person or persons acting as agents must so indicate when signing the Acknowledgement of Purchase. 16) WITHDRAWAL RIGHTS: The Seller reserves the right to withdraw any alpaca from the sale without liability to anyone. 17) GOVERNING LAW: State of Oregon law will govern all sales transactions. In the event of any legal disputes regarding default of payment or any other condition of this sale, jurisdiction shall be Jefferson County, Oregon. IMPORTANT NOTICES (1) 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 the Terms and Conditions of Sale. Although every effort will be made to execute these bids, the Seller and the auction company will not be responsible for error or failure to execute absentee bids. (2) Breeding dates and due dates will be announced at the sale; these dates are for your information only. BUYERS ARE ADVISED TO EXAMINE THE ALPACAS CAREFULLY AND READ THE AUCTION TERMS AND CONDITIONS.