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In order to use
this site you must agree to the following:
This agreement describes the terms and conditions applicable to
your use of our service, and constitutes the agreement between Chinchillas.com
(Seller) and you the bidder (Buyer). We may amend this agreement
at any time by posting the amended terms on our site. All amended
terms shall automatically be effective 30 days after they are initially
posted on our site.
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Member Eligibility and Site Usage
Registration at the Chinchillas.com auction is free. Our services
are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing,
our services are not available to minors or to temporarily or
indefinitely suspended Chinchillas.com auction members. If you
do not qualify, please do not use our services. Also, you agree
not to use this site for any fraudulent or illegal purposes.
You shall agree to refrain from spamming, and to refrain from
compiling a list of e-mail addresses of users of this site for
the purposes of solicitation. These activities will result in
immediate termination or your account
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No Warranty
We provide our web site and services "as is" and
without any warranty, express or implied. We do not guarantee
continuous, uninterrupted service, and operation of our site
may be interfered with by numerous factors outside of our control.
Neither the auction site administrators, web site administrators,
Chinchillas.com nor its agents or associates, make any representations
or warranties with respect to the site.
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No Liability
Any person visiting the web site, whether as a buyer, observer,
or assign of any person does so at their own risk and no liability,
duties, obligations, and/or responsibilities of any kind shall
be imposed upon Seller, the site administrators, or any owners,
associates or employees of Chinchillas.com.
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Terms
Terms of the sale are payment in full by cash (domestic clients),
check (domestic clients), PayPal payment, or wire transfer of
funds. Payment must be made within 5 days of the close of the
auction by domestic clients, and within 10 days of the close
of the auction by international clients. The Seller reserves
the right to assess a 1.5% per month late fee on all balances
over 30 days past due. Personal checks must clear before chinchillas
are released to the buyer. Buyer is responsible for any charges
or costs to the Seller for returned checks. Seller reserves
the right to refuse to accept personal checks from any party.
Payments are to be made in US dollars only.
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Default of Purchase
If any Buyer shall purchase a chinchilla(s) and fail to pay
for it in the manner described here within, the Seller shall
have, in addition to all other legal rights, the right to resell
the chinchilla(s), 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 will 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 purchase price upon
resale. A relisting fee of $50 per chinchilla will be charged to Buyer for each chinchilla relisted on the site as a result of default of purchase.
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Bids
The highest bidder at the close of the auction shall be the
Buyer. The Buyer is obligated to complete the transaction with
the Seller. By bidding on an item, you agree to be bound by
the conditions of sale included here within. Bids tendered after
the close of the auction are not valid grounds for dispute.
If any dispute arises among two or more bidders as to the determination
of the buyer at the close of the auction, the site administration
will make the final decision to either determine the successful
bidder, or to re-run an auction of the animal in question.
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Live Chinchilla Warranties/Inspection
Seller makes no warranty, expressed or implied, as to any
chinchilla's merchantability or fitness for a particular purpose.
Unless otherwise stated in the animal description, no chinchillas
in the sale have previously been in breeding, or are previously
known by the Seller to be unhealthy. Bidders have the duty to
examine, or to have a representative or veterinarian examine,
the chinchilla before bidding on that animal. A failure to inspect
shall be at the Buyer's own risk. Examination of sales animals
are to be made by appointment, at bidder's expense.
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Title/Regulations/Taxes
Title of ownership passes to the buyer, contingent upon payment
being made in full, upon close of the auction. Seller will guarantee
the life and health of the chinchillas purchased for a period
of 90 days after the close of the auction, or until the buyer
takes possession ( for shipping purposes, buyer takes possession
at the moment the chinchillas are consigend to the airlines),
whichever comes first. If the chinchilla dies, fur chews,
maloccludes, or otherwise falls into poor health before the
end of the 90 day period, or before the transfer of possession
to the buyer as described above, the seller will replace the
chinchilla with one of equal value. All risk of death or injury
to the chinchilla becomes the buyer's risk after the 90 day
period, or transfer of possession, as described above. Buyers
should contact their governments regarding import regulations,
and the rules governing chinchilla ownership before bidding.
Some countries do not allow the importation of live chinchillas.
It is the Buyer's responsibility to be informed of relevant
rules and regulations pertaining to the import and ownership
of live chinchillas, and to pay any applicable import or other
taxes associated with the purchase of the chinchilla(s).
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Registration or Grading Papers / Show Awards
Any registration papers, certified grading papers or show
awards advertised in the animal description shall accompany
the animal at time of shipment, delivery, or upon possession
of the animal by the buyer. All animals sold with show awards,
registration papers or grading papers will be ear tagged.
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Online Listing
Every reasonable effort has been made by Seller to assure
correctness of the information on the web site. The Seller is
not responsible for errors or omissions.
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Withdrawal Rights
The Seller reserves the right to withdraw a chinchilla(s)
from the sale without liability to anyone.
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Shipping and Board
All animals listed on the auction are located in the state
of Ohio. Chinchillas are available for pick-up, shipment, or
delivery by/to the Buyer at the close of the auction, during
business hours, and after payment has been made in full. Please
read the entire Shipping
Fee Schedule before bidding. E-mail sales@chinchillas.com
or call (785) 336-6833 from 10am-6pm CST M-F if you have more
questions.
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Your Information
Your information, defined as the information you provide to
us in the registration, shall not be false, inaccurate, or misleading.
You shall register under your true name, using a valid e-mail
address. Your information shall not be defamatory, harassing,
obscene, or trade libelous. Your information shall not contain
any viruses, trojan horses, worms, easter eggs, or other computing
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data, or personal information
Your information shall not create liability for us or cause
us to lose, in whole or in part, the services of our ISP's or
other suppliers. You information shall not contain direct links
or describe services or goods. Chinchillas.com will not sell/distribute
your user information to outside parties.
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Access and Interference
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure.
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web site or
the content contained here within without our expressed written
permission. You agree not to interfere with or attempt to interfere
with the proper workings of the Chinchillas.com site. Chinchillas.com
may, for any reason, with or without warning, temporarily or
permanently suspend or terminate your membership, and refuse
to provide goods and/or services to you.
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Indemnity
Buyer/bidder agrees to defend, indemnify and hold harmless
Chinchillas.com, it's associates, administrators, employees,
providers, and all of their successors, heirs, and legal representatives
from and against liability for any and all claims, demands,
damages, losses, costs and expenses, including without limitation
investigative costs, court costs and attorney's fees, and including
but not limited to economic loss, personal injury, or injury
to animals, from all claims including those arising out of any
dispute between a Buyer, Seller or user of this site, or connected
with Seller's performance under this Agreement. In no way may
the owners and/or administrators of this site be held liable
for improper use by users.
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Governing Law
This agreement shall be governed by the laws of the State
of Kansas.
Thank you for using this site!
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