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July 02, 2007
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Contract Warrantees
In the following paragraphs the term SELLER refers to Foxrun Farms Alpacas and the term BUYER refers to the client.
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The following guarantees are provided to the Buyer expressly in place of all other guarantees, oral or implied, including the warranties of merchantability and fitness for a particular purpose. This Contract includes in writing all of the promises and guarantees extended to the Buyer. Except for these guarantees, the Buyer takes the alpaca “as is” in the condition existing at the time of purchase. Except as stated, in the event of a breach of one of these guarantees, the Seller’s obligation under these guarantees is limited to replacing the alpaca purchased with an alpaca of the same sex and value. No other guarantees are made. All descriptions and representations about the alpaca(s) are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the alpaca except as set forth in this document.
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The Seller guarantees that each alpaca is capable of being accepted for registration with the Alpaca Registry, Inc. For any alpaca that is not yet registered, the Seller guarantees that it will execute all necessary paperwork and promptly facilitate the alpaca’s registration at the Buyer’s expense. For all registered alpacas, the Seller guarantees that when 100% of the outstanding balance owed on the Alpacas has been paid then it will promptly transfer the registration into the Buyer’s name.
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The Seller guarantees that each alpaca sold under this Contract will pass a standard insurance examination conducted by a qualified veterinarian at the Buyer’s expense within ten days of this Contract. A written copy of each examination will be provided to the Buyer. If the Buyer is not satisfied with the results of the examination for any reason, the Seller will cancel the sale of that alpaca and refund any deposit or purchase price paid to date.
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The Seller has provided Buyer with an opportunity to inspect and copy all of the Seller’s health and reproduction records pertaining to each alpaca. The Seller hereby guarantees that these records are reasonably complete and accurate, and Buyer may rely upon these records.
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The Seller guarantees that, to the best of the Seller’s knowledge, each alpaca is free of all undisclosed injuries or diseases as of the date of this Contract. This disclosure, and the following “live birth” guarantee, are in lieu of any further guarantee against the occurrence of a congenital defect in any alpaca with no known prior history of congenital risks.
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The Seller guarantees that each alpaca, other than a “pet/fiber quality” alpaca, is anatomically correct in its reproductive parts. Should the alpaca not be anatomically correct, the Seller will replace the animal with another mutually acceptable alpaca of comparable value and sex or refund the Buyer’s money at the Seller’s option.
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The Seller occasionally sells herdsire quality males at less than the purchase price that it would sell that male for if it were undertaking to guarantee that animal’s fertility. In this case, the Seller (X) does (__) does not guarantee that any “proven male” or “unproven male” is fertile. If Buyer determines that a male of at least three years cannot obtain a confirmed pregnancy under Buyer’s care, after reasonable efforts with more than one female, the Seller will take the male back and have a reasonable time to attempt to establish a confirmed pregnancy on Buyer’s behalf. If the Seller is successful, the Buyer shall pay the Seller’s usual boarding fees. If the Seller is unsuccessful or if at any time it reasonably appears through medical tests or experience that the male is infertile, the Seller shall either replace the male with a comparable animal or shall refund the sales price at the Seller’s choice.
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The Seller guarantees that each “maiden female” and “proven female” alpaca is reproductively sound and is capable of becoming pregnant.
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The Seller guarantees that ultrasound or blood protein tests conducted by a qualified veterinarian at the Seller’s expense will confirm the pregnancy status of any “pregnant female” alpacas at the time of sale. The Seller has or will provide Buyer with a copy of these test results. If the tests should fail to confirm the alpaca’s pregnancy, the Buyer may choose either (a) to cancel the sale of that alpaca and receive a full refund or (b) obtain a guaranteed breeding to any of the Seller’s herd sires.
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The Seller guarantees that each “maiden female,” “proven female,” and “pregnant female” alpaca will have at least one live birth after the date of this Contract. A live birth is defined as one in which the female maintains her pregnancy to full term and delivers a cria that lives for at least thirty days. If a female fails to produce a live birth, after carrying a cria to full term, or the cria fails to live for thirty days after birth, the Seller shall rebreed the animal at its sole expense. This guarantee ends after the first birth after the date of this contract. The Seller is not liable for circumstances beyond its control causing infertility while the alpaca is in the possession of the Buyer. If abuse or neglect does occur on the part of the Buyers resulting in a lost pregnancy, this will nullify all guarantees. For purposes of this contract abuse includes, but is not limited to: improper feed/water, inadequate shelter, and stress due to heat, cold, inadequate parasite control and lack of necessary medical attention. Maiden females must be bred to a herdsire owned by The Seller and at Foxrun Farms Alpacas. Any breeding done off Foxrun Farms Alpacas voids the guarantee. If Buyer determines that a female cannot hold a pregnancy under Buyer’s care, the Seller will take the female back and have a reasonable time (at least 6 months) to attempt to establish a confirmed pregnancy on Buyer’s behalf. If the Seller is successful, the Buyer shall pay the Seller’s usual boarding and, if necessary, birthing fees. If at any time, it reasonably appears that the female is unable to maintain a pregnancy or produce a live birth, the Seller shall either replace the female with a comparable animal or shall refund the sales price at the Seller’s choice.
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(315) 626-2672 or
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Dick and Debbie McCoy |
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Phone: (315)
626-2672
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