Welcome to Alpaca.com, World's Premier AlpacaSource and MarketPlace. TERMS OF USE Alpaca.com LLC. and its parent, subsidiaries and affiliates, provide their services to you via Alpaca.com, subject to the following conditions. Alpaca.com LLC., Alpaca.com, and their parent, subsidiaries and affiliates may be referred to on this site simply as “Alpaca”. If you visit or shop at Alpaca.com, you accept these conditions. Please read them carefully. PRIVACY Please review our Privacy Notice, which also governs your visit to Alpaca.com, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit Alpaca.com or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by electronic mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Alpaca.com LLC. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Alpaca.com LLC. and protected by U.S. and international copyright laws. All software used on this site is the property of Alpaca.com LLC. or its software suppliers and protected by United States and international copyright laws. TRADEMARKS AlpacaWear, PacaWear, The Alpaca Shop ®, AlpacaFashions, When Only the Finest Will Do®, Discover the Wonders of AlpacaWear® and other marks indicated on our site are registered trademarks of Alpaca in the United States and other countries. AlpacaWearables, PimaWearables, PacaPet, The Huggable Alpaca, Simply Suri, Al Paca, Alpaca.com, I Love Alpaca.com, Alpaca.com Online Auction, PacaBid, AlpacaBid, The Alpaca Affaire, The Alpaca Card, Alpaca Premier Mark of Excellence and other Alpaca.com graphics, logos, page headers, scripts, and service names are trademarks or trade dress of Alpaca. Alpaca's trademarks and trade dress may not be used in connection with any product or service that is not Alpaca's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alpaca. All other trademarks not owned by Alpaca that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alpaca. LICENSE AND SITE ACCESS Alpaca grants you a limited license to access and use this site for personal use but not to download (other than page caching) or modify any portion of the site, except with express written consent of Alpaca. Your license to use this site does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alpaca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alpaca.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Alpaca, Alpaca.com, or any other name or trademarks contained herein, without the express written consent of Alpaca. Any unauthorized use terminates the permission or license granted by Alpaca. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Alpaca.com so long as the link does not portray Alpaca, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Alpaca logo or other proprietary graphic or trademark as part of the link without express written permission. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Alpaca.com does not sell products to children, nor does it intend for its site to be accessed by children under the age of 13. All products sold on Alpaca.com are intended to be sold to adults, who can purchase with a credit card. If you are under 18, you may use Alpaca.com only with the involvement of a parent or guardian. Alpaca.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. COPYRIGHT COMPLAINTS Alpaca.com respects the intellectual property rights of others. If you believe that your copyrighted work, has been copied by Alpaca.com in a way that constitutes an infringement of a valid copyright, please follow our Procedure for Making Copyright Infringement Claims. RISK OF LOSS All purchases made at Alpaca.com, are made pursuant to a shipping contract. By purchasing from Alpaca.com, you agree that the title to and risk of loss for such items passes to you upon delivery by Alpaca.com to the carrier. PRODUCT DESCRIPTIONS While Alpaca.com and its affiliates do attempt to be accurate in their descriptions, Alpaca.com does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Alpaca.com itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Alpaca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Alpaca DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Alpaca.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Alpaca ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Alpaca WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW/VENUE By visiting Alpaca.com, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, and the jurisdiction and venue of the Superior Court in Washtenaw County, Michigan, will govern these Terms of Use and any dispute of any sort that might arise between you and Alpaca, in the same manner as if such dispute involved agreements or acts entered into and to be entirely performed within Michigan and between residents of Michigan. This means that regardless of where you live, where you access or contact Alpaca.com from, or where any products purchased on Alpaca.com are shipped, Michigan law will apply and the sole venue for resolving any disputes that may arise between you and Alpaca, shall be the Superior Court in Washtenaw County, Michigan. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to Alpaca.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be severable and shall not affect the validity and enforceability of any of the remaining conditions contained herein. Terms 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. AUCTION PROCEDURES: REGISTRATION: Only registered and approved bidders may participate in the auction. To register, prospective bidders must complete the registration form on Alpaca.com 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 fees subject to a $150.00 penalty fee. 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.WARRANTIES 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 whatsoever. Unless clearly stated to the contrary in the Auction listing provided by the Seller, the following conditions and warranties are provided by the Seller: 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 all warranties. 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 all warranties. 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. TERMS 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 alpaca. 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). In the event of Buyer default, Buyer agrees that any deposit paid to Alpaca.com®, L.L.C. will be used to reimburse Alpaca.com®, L.L.C. and/or Seller for any losses sustained as a result of the default. Buyer agrees to hold Alpaca.com Online Auction®, Alpaca.com®, L.L.C. and/or their agents harmless for any and all defaults on 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 Buyer's escrowed monies immediately. 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 of $20,000. On all sales of $10,000 or more, Seller will pay for shipment of the alpaca to the Buyer's address anywhere in the continental USA. 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. 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. GOVERNING LAWS: 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. No suit or action against Alpaca.com®, L.L.C., 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 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 per alpaca. This transaction fee is non-refundable and may be collected by credit card, any other collectable means or collection agency.. 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 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. OUR ADDRESS Alpaca.com LLC. 3888 W. N Territorial Road Whitmore Lake, MI 48197 http://www.Alpaca.com ALL RIGHTS RESERVED Terms of Use © 2000-2004, Alpaca.com LLC. or its affiliates