and Conditions of Sale
The following Terms and Conditions, as amended
by Alpaca.com Online Auction® by posted notices
during the auction, constitute the entire agreement
between Alpaca.com®, L.L.C., Alpaca.com Online
Auction® and the consignor (Seller), on the one
hand, and bidders on the other hand.
REGISTRATION: Only registered and approved bidders
may participate in the auction.
To register, prospective bidders must complete
the registration form on
Online Auction®. The potential bidder will be
contacted by a representative of Alpaca.com Online Auction®
for an interview to discuss personal and financial references.
References will be used to assess the bidder's
suitability for owning alpacas and his/her ability to
pay for them. Financial and personal references are required
by the Sellers. All financial information will be used
by Alpaca.com Online Auction® in a manner designed
to protect the privacy of all involved parties. Only those
registrants approved by Alpaca.com following the personal
interview will be allowed to participate in the actual
auction. Approved bidders will be notified by email and
provided with instructions needed to bid.
HIGH BIDDER: The highest bidder is to be the Buyer.
If any dispute arises concerning this process, sole
authority to settle the dispute is reserved by the
Auction. Alpaca.com Online Auction® reserves
the right to reject any and all bids, unless the lot
is sold without reserve.
Bidding can be done in two different
ways: Manual or PacaBid®. The bidder must select
one of these options on the "Place Your Bid"
page on each animal for which the bid is being placed.
A full description of PacaBid® can be found on
the How to Bid section of the auction.
The Buyer will receive a purchase contract from Alpaca.com
Online Auction®. Buyer must return signed contract with appropriate
deposit within 3 days of receipt of contract. Bank wire transfers
or cashiers checks are acceptable. Facsimile copies of signed contracts
are acceptable, legal and binding on all parties until original signed
contracts are received by Alpaca.com Online Auction®. Late fee
is subject to penalty fee of $150.00.
RESERVE: Auction sales are -unless explicitly stated otherwise-
with reserve, that is, there is a reserve price. The reserve
price is the lowest price for which a Seller is willing
to sell an alpaca. This amount is generally higher than
the minimum bid that starts the auction. In order to win
the auction, a bidder must meet or exceed the reserve
price and have the highest bid. If no bidders meet the
reserve price, neither the Seller, high bidder, nor Alpaca.com
Online Auction® is under any further obligation to
complete the transaction. In no case will the reserve
price be listed for viewing by bidders.
If the sale is to be without reserve,
this must be listed in Seller's conditions of sale.
UNAUTHORIZED USE OF IDENTIFICATION NUMBERS: Any and all
damages or losses resulting from the unauthorized use
of the registered bidder's identification name/number
will remain the responsibility of the registered bidder.
The registered bidder agrees to indemnify Alpaca.com®,
L.L.C., Alpaca.com Online Auction® and their agents
from any and all damages resulting from such use.
Buyer agrees to look solely to Seller for
all warranties and representations concerning the alpaca
for sale. These are clearly and specifically stated on
the Auction conditions of sale listing and constitute
the total warranties and representations made by Seller.
Alpaca.com®, L.L.C., Alpaca.com Online
Auction® and/or any of their agents assume no responsibility,
liability, duty, obligation, either singular or plural
and make no warranties as to title or quality including
but not limited to health, defects, blemishes, breeding
capacity, soundness or any other conditions of the alpaca
and make no other kind of stated or implied warranties
Unless clearly stated to the contrary in the Auction
listing provided by the Seller, the following conditions and warranties
are provided by the Seller:
Bred females have been confirmed pregnant by a licensed veterinarian
no more than thirty days prior to listing and are warrantied by the
Seller to be pregnant at the time of listing and sale in the auction.
All bred female alpacas sell with a live birth guarantee, which means
that should the alpaca not have a live birth, the Seller's farm will
rebreed the alpaca at no additional charge to the Buyer. In addition,
if the alpaca is found to be unable to have a live birth, the Sellers,
at their option, will replace the alpaca with another female alpaca
of equal value or refund all monies paid by the Buyer for the alpaca.
This warranty ends after the first successful live birth. Abuse or
neglect of the alpaca on the part of the Buyer resulting in a lost
pregnancy will nullify all warranties.
All bred female alpacas sell with a
live birth guarantee, which means that should the
alpaca not have a live birth, the respective Seller's
farm will rebreed for free. Warranty ends after the
first birth. Abuse or neglect on the part of the Buyer
resulting in a lost pregnancy will nullify all warranties.
Maidens have been checked by a veterinarian
and found to have anatomically correct reproductive organs
and will be capable of becoming pregnant no later than
their second birthday. There are no other expressed or implied
warranties. Abuse or neglect on the part of the buyer
resulting in the sterility of the male will nullify
Proven males have settled a female, or been
tested fertile within the last 60 days. There are no other
expressed 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 expressed or implied
warranties. Abuse or neglect on the part of the buyer
resulting in the sterility of the male will nullify
Buyer must give written notice to the
Seller 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. Seller has
six months 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 towards 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.
CASH SALE: Some auction lots are sold with full payment
expected at time of purchase. Terms of these sales are
cash to be carried out in U.S. currency. Cashier's checks
should be made payable to Alpaca.com®, L.L.C. Bank
wire information will be supplied to Buyer by Alpaca.com
LLC. In no case should any payment be made to anyone other
than Alpaca.com®, L.L.C. No alpaca purchased thereunder
shall be shipped to Buyer until Buyer's check has been
cleared and funds are available to pay Alpaca.com®
L.L.C., commission and the balance due Seller.
FINANCED SALE: In some instances, the Seller may offer
the Buyer the opportunity to purchase a lot on an installment
contract. Terms of purchase are determined by Seller and
clearly indicated in each lot listing prior to the beginning
of the auction. As in the Cash Sale, cashier's checks
or bank wires payable to Alpaca.com®, L.L.C., along
with a signed agreement to pay the remainder of purchase
price to Seller's farm will constitute the binding agreement
for Buyer's purchase of the lot. Buyer, naming the Seller
as loss payee, must insure the alpaca. Late payments are
subject to a $150.00 late fee. Financed animals may not
leave the United States until paid in full. The interest
rate on loan balances will be 1% over the prime rate in
effect on the first day of the auction and the finance
period will be determined by Seller. Registration papers
on financed animals will not be transferred to Buyer until
they have been paid in full. All crias born to financed
females will be registered in Seller's name until dam
is paid in full. If Buyer requests permission to sell
an offspring of a financed female, Seller will approve
and transfer title to the new Buyer on the condition that
all proceeds from this sale be applied to the outstanding
balance on note or used to purchase a new alpaca from
Seller. In like manner, financed herd sires will remain
titled to Seller until paid in full. Stud fees derived
from financed herd sires will be applied to outstanding
balance on note until paid in full.
It is clearly understood and agreed by
all parties that Alpaca.com Online Auction®, Alpaca.com®,
L.L.C., and/or their agents have no interest in and/or
liability for financed agreements between Buyer and Seller.
All responsibilities of Alpaca.com Online Auction®
and/or their agents end with the collection of the down
payment and dispersal of those funds.
DEFAULT OF PURCHASE: If any person shall purchase an alpaca
and not pay for it as described above, the Seller shall
have the right to resell his alpaca through Alpaca.com
Online Auction®. In the event of resale, the defaulting
Buyer agrees to pay any deficiency between his original
accepted bid price and the final selling price on the
Anyone deliberately entering fraudulent bids with the
intent of disrupting and/or damaging Alpaca.com L.L.C., the Alpaca.com
Online Auction, The Sellers and/or other bidders will be prosecuted
to the full extent of the law (see Governing Laws below).
If the Buyer defaults on the winning bid before signing
the purchase agreement and tendering the deposit, the Buyer will be
subject to a non-refundable transaction fee of 15% of winning bid
amount per animal payable to Alpaca.com, L.L.C. The high bidder agrees
to this penalty being charged against his/her credit card or any other
collection means upon declaration of default being determined by Alpaca.com,
L.L.C. (See Governing Laws - page 7).
If the Buyer defaults on the purchase after signing the contract
and tendering the appropriate deposit, the Buyer agrees that the total
deposit will be used to reimburse Alpaca.com, L.L.C and the Seller
for any losses sustained as a result of the default.
The Seller agrees to hold Alpaca.com Online Auction, Alpaca.com,
L.L.C and/or their agents harmless for any and all Buyer defaults
and resulting losses to the Seller.
In like manner, the Buyer agrees to hold Alpaca.com Online Auction,
Alpaca.com, L.L.C. and/or their agents harmless for any and all defaults
of the Seller's part. In the event that the Seller defaults and/or
refuses to finalize the transaction, Alpaca.com L.L.C will fully refund
all of the Buyer's escrowed monies, if any. If the deposit has already
been distributed prior to Seller defaulting on the transaction, the
Seller must immediately reimburse Alpaca.com, L.L.C. all monies received
in the transaction by the Seller.
If Alpaca.com, L.L.C. and the Alpaca.com Online Auction provide a
valid Buyer for the alpaca and the Seller refuses to accept the offer
for any reason and/or defaults on the transaction, the Seller agrees
to pay Alpaca.com, L.L.C. the 15% commission of the purchase price
offered by the Buyer and other appropriate fees described in the consignment
agreement on the alpaca. A valid buyer in this instance is one whose
purchase offer meets or exceeds the Seller's reserve price and whose
proposed method of payment satisfies the terms and conditions listed
by the Seller in the Alpaca.com Online Auction and the Seller.
TITLE AND REGISTRATION: It is understood that title
and registration of the purchased alpaca will be transferred by Seller
to Buyer only when 100% of purchase price plus accrued interest on
financed alpaca have been paid. Until full payment is made, the alpaca
remains the property of the Seller. Transfer cost for registration
and title will be paid by Buyer.
Buyer agrees to look solely to Seller for
registration materials, medical records, and other documentation
pertinent to the alpaca for sale. Information on each
alpaca, including pedigree and other important data, has
been provided to Alpaca.com Online Auction® by the
Seller. The Auction endeavors to have this information
correctly stated, but no liability is assumed by Alpaca.com®,
L.L.C., The Alpaca.com Online Auction, and/or their agents
for its accuracy.
TRANSPORTATION: Seller offers to pay one round-trip coach
airfare for the potential Buyer who wishes to visit Seller's
farm and personally inspect alpaca to be purchased. If
a purchase of at least $20,000 is made, Seller will pay
Buyer's travel expenses up to a maximum of $500. This
amount will be deducted from the total sale price of the
alpaca. No travel allowance will be paid if potential
Buyer does not purchase alpaca(s) with a minimum value
On all sales of $10,000 or more, Seller will pay up
to $300 for shipment of the alpaca to the Buyer's address anywhere
in the continental U.S.A. Any shipping charges in excess of $300 will
be paid by the Buyer.
If other conditions permit, the Buyer may
receive shipment of the alpaca at the time determined
by Seller and described in the Terms of Sale portion of
each animal's listing in the auction.
RISK OF LOSS: Risk of loss for the alpaca becomes the
Buyer's upon execution of the purchase contract. Buyer
agrees to keep the alpaca fully insured while the animal
remains with Seller. On financed animals, Seller is to
be named as loss payee. Buyer agrees to pay for insurance,
exam and related expenses.
BOARDING: Seller offers up to 60 days of free board following completion
of sale. If the alpaca remains at the Seller's farm after 60 days,
Buyer will pay Seller $3.50 per day payable 30 days in advance.
The Buyer may be asked to sign the Seller's agistment
(boarding) agreement to cover the period of time the alpaca remains
at the Seller's farm. In no instance shall this agreement have content
contrary to the terms and conditions of the Alpaca.com Online Auction
and/or the purchase agreement on the alpaca.
INSURANCE: Full mortality insurance must be carried
on all purchased alpacas until paid in full. Buyer will pay for this
coverage and Seller will be listed as a loss payee.
Risk of loss insurance is also required
and will be paid by Buyer with Seller as loss payee.
WITHDRAWAL OF RIGHTS: Alpaca.com Online Auction®
reserves the right to withdraw any alpaca from the
Auction without liability to anyone.
The sale and all related transactions
between Buyer, Seller, and/or Alpaca.com®, L.L.C.,
Alpaca.com Online Auction®, The Alpaca Gallery®
and/or their agents will be governed by the laws of
the State of Michigan. No provision of this agreement
can be waived except in writing. If any term, covenant,
condition or provision of this agreement is held to
be invalid, void or unenforceable, the remaining provisions
shall remain in full force and effect.
While the standard purchase agreement on the alpaca,
which is signed by Buyer and Seller, typically establishes Buyer and
Seller legal venue in the state in which the Seller has residence,
all parties agree that no suit or action against Alpaca.com, L.L.C.,
the Alpaca.com Online Auction and/or their agents may be maintained
in any court other than the state courts of the County of Washtenaw,
Michigan or the federal courts of the Eastern District of Michigan.
In this instance, any suit or action brought by Buyer and/or Seller
against Alpaca.com, L.L.C., the Alpaca.com Online Auction and /or
their agents concerning this transaction will consider the Michigan
venue to supercede any other venues stipulated in other documents
pertaining to the sale transaction.
In the event of suit or action against
Alpaca.com®, L.L.C., Alpaca.com Online Auction®
and/or their agents arising directly or indirectly
out of this agreement, the losing party shall pay
the prevailing party(s)' attorney fees and related
expenses in any trial, appellate or arbitration proceedings.
Losing party is defined as the party
whose written offer to settle -made within 30 days
of the filing of such an action or proceeding- is
furthest away from the final award (exclusive of these
fees and expenses). This offer to settle may be revised
during the proceedings, and each period between such
offers shall be subject to these sanctions separately.
If no written offer is made, the amount shall be deemed
to be zero.
Please Note: Any successful high bidder/winning bidder
who does not follow through in a reasonable and timely way to fulfill
their contractual obligations at the end of the auction will be assessed
a transaction fee of 15% of winning bid amount per animal. This transaction
fee is non-refundable. Bidder/Buyer must sign alpaca purchase agreement
and send alpaca contract with designated check within 72 hours upon
receipt of contract from Alpaca.com. If buyer defaults, Alpaca.com
notifies defaulting bidder and places the animals up for sale again.
Thus, the defaulting Bidder is liable for the difference between what
the alpaca sells for in the next auction and what they purchased it
for plus the amount for any legal transaction costs needed regarding
the defaulting buyer and the 15% of winning bid amount transaction
fee per alpaca. Bidding in the Online Auction is a serious legal transaction
and we will prosecute and follow through on any fraudulent use of
our auction. All bids are final.
ALL RIGHTS RESERVED