Donation Agreement for the ILR Bids for the Build Fundraiser Auction. International Lama Registry PO Box 8 11 1/2 Meridian Road Kalispell, MT 59903 This agreement made and entered into on date donor submitted donation between the donor, the ILR (sale organizer and beneficiary), and Justin Timm Auction Service, hereinafter referred to as Auctioneer. Employment of Auctioneer: The “Bids for the Build” fundraiser auction is being organized and executed by the ILR, with all sale proceeds going to the ILR Database and Website development project. Justin Timm is donating his services and platform as the auctioneer. The auctioneer will sell the donated items at an online auction. Acceptance of Auctioneer: The Auctioneer agrees to use the efforts that are deemed to be best in bringing about a sale of such goods at auction in accord- ance with the provisions of this agreement by the auctioneer. Auctioneer has final say in any sale decisions and is given the right to not accept or decline any bid or bids. Donation: The donor agrees that all net proceeds generated by the sale of the item will be given to the International Lama Registry. Donor may donate any animal, breeding service, or item the donor has unrestricted title and ownership of. No canine can be sold or donated to auction. No animal(s) can be sold or donated that require state or federal licensing to own, buy or sell. No animals that have been illegally acquired may be sold. No animals can be sold or donated that are illegal to own. Donor will provide honest and truthful information regarding donated items, animals, or services to the best of their knowledge. Any restrictions placed on the buyer of the donated item must be disclosed in the item description (health check, boarding fees, etc). Reserves - Breeding fees and animals will sell with a minimum bid of $500. Physical items or services will sell with the minimum bid requested by the donor. Conditions of Sale: The Auctioneer shall conduct the sale in accordance with the Terms of Sale, as specified by the auctioneer. Agency: It is agreed that the Auctioneer is being employed by the ILR as the agent of the ILR. The Auctioneer is to act and conduct his business in accordance with best business practices. General Terms and Conditions: ILR and Auctioneer will not be held responsible for fire, theft, vandalism, or death. Donor warrants by signature that they have full authority to sell property herein. Donor warrants and guarantees that title to property consigned is free and clear of liens. Donor understands that there are no minimum or reserve prices on articles sold pursuant to this agreement except as for set opening bid. Donor agrees to pay reasonable attorney fees incurred by Auctioneer and ILR board and employees, should said auctioneer or organization require the services of an attorney to enforce any term on this agreement. Donor agrees to reimburse and hold the auctioneer and ILR board, and ILR employees harmless. It is agreed between all parties that in the event of any lawsuit arising from this contract shall be filed in Clackamas County, Oregon and only Clackamas County, Oregon. Auction Terms & Conditions 1.Registration- All buyers must register for a bidder's number in order to place bids on any auction animals or you may arrange for phone bidding from Justin Timm at Justin Timm Auction Service. You may register to bid online by going to www.justintimmauctionservice.com . YOU MUST CONFIRM BIDDER CONFIRMATION! We have set up Lot 1 as a practice lot for you to bid on to confirm you are a bidder. If you are unable to place a bid on Lot 1, you are unable to bid on any of the animals listed in the auction. Registered bidders must be legal citizens of the United States of America and be at least 18 years of age. 2. Employment of Auctioneer: The “Bids for the Build” fundraiser auction is being organized and executed by the ILR, with all sale proceeds going to the ILR Database and Website development project. Justin Timm is donating his services and platform as the auctioneer. The auctioneer will sell the donated items at an online auction. 3.All sales are final. Each sale lot will open for official bidding on posted dates and times. Lots will close lots in sale order starting with Lot 1 closing followed by Lot 2 and so on and so forth until the last lots are sold. 4.Phone Bidding- Buyers can choose to call Kyle Mumford at 360-921-0966 to place either proxy bids or to bid live over the phone if you are without internet access or would simply feel more comfortable using a phone bidding method. DO NOT WAIT UNTIL THE LAST MINUTE! It is strongly encouraged that those who wish to use our phone bidding method call at least one day in advance to arrange for someone to call you when bidding on the animal you are interested in is getting ready to close. We will have multiple phone lines in use but those who call at the last minute may not be able to get through to someone in order to place a bid. 5.Payment Method- There will be two different payment methods offered at this sale. There is a 4% Buyers Premium on each sale, this 4% is waved with payment of Cash or Check. You must notify auctioneer of your preferred method of payment with 24 hours of the conclusion of the sale. Cash or Check payments must be received within 3 business days of the closing of the sale. Credit Cards or Debit Cards must be processed within 2 business days of the end of the sale. The payment methods available are: a. Cash/Check- You may pay with cash/money order or check received by seller within 3 business days of the conclusion of the sale at: a. International Lama Registry, PO Box 8 Kalispell, MT 59903 b. Visa or MasterCard- You may call in your Visa or MasterCard number and we will run the card (buyers premium will apply). 6.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. b. Newborn Crias- There are no expressed or implied warranties for newborn crias sold with their dams. c. Bred Maidens- A bred maiden is a female which has not yet had a cria and is determined to be pregnant. There are no expressed or implied warranties for bred maidens. ALL animals are being sold in AS-IS condition with no expressed or implied warranties of any kind. If a female has a positive ultrasound it is believed that she is carrying a healthy cria but not guaranteed. Buyers are encouraged to do a PRE PURCHASE EXAM on any animals they have an interest in purchasing. Contact sellers to arrange a pre-purchase exam. 7.Health Certificates- When purchasing a breeding, the buyer must comply with health inspection requirements of the state and host farm. All sale animals will be accompanied by a Certificate of Veterinarian Inspection within 30 days of the expected day of departure. Animals, states, transporters and/or buyers that require any additional Health Requirement inspections or tests can do so at buyer's expense; this includes but is not limited to BVD, Micro chipping, TB, Brucellosis and Blue Tongue. 8.Transportation- Transportation cost will be the responsibility of the buyer. Remember, consignments may be located in multiple states so make sure you are aware of the state the animal you are interested in is located. Purchases are not subject to transportation. For purchase of physical items, shipping is included in the continental United States. 9.Boarding- For purchased breedings or sale animals, included boarding length must be arranged with the donor. 10.Guarantee’s- All animals are being sold As-Is without any guarantees of any kind. 11. Risk of injury or loss passes to buyer upon the conclusion of bidding on the individual lots. Buyers are encouraged to obtain insurance on any and all purchases immediately following the conclusion of the sale. As soon as announced sold, buyer is bound and obligated to complete the purchase with no additional conditions or contingencies. Buyers of breedings accept the risk of injury, illness, or loss to a female being bred at the stud owner’s farm, and will not hold the ILR, the auctioneer, or the donor responsible. 12. Governing Law: The sale and all transactions between the buyer and seller will be governed by the laws of the State of Oregon and the venue of any dispute resolution proceeding shall be Clackamas County. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.