TERMS OF SALE
1. The risk of loss and injury of each animal passes to the buyer as soon as it is sold; however, it is the obligation of the seller to ensure that sold animals are fed and cared for free of charge to the buyer until loaded for shipment or until the expiration of 24 hours after the sale, whichever occurs sooner.
1. The seller must ensure that each animal which is registered with the ADGA has a readable permanent identification mark corresponding to its registration.
2. The buyer must check all permanent identification marks for accuracy upon possession and report any discrepancies or irregularities to the seller immediately.
Certificates of Registration
1. A transferred certificate of registration must be furnished by the seller free of charge to the buyer for each animal within 45 days following the later of either the date of sale or upon the receipt of full payment.
1. 1/2 of the sale value must be presented to reserve an animal currently available if sale is not to occur immediately. A deposit of $100.00 must be made to reserve the kids of an expecting doe per our annual breeding schedule. This is not transferable unless approved by the seller.
2. Deposits are subject to forfeiture if the buyer does not provide the full sale amount by the agreed soon date. If, for any reason outside of our control, the doe fails to deliver kids or a medical defect is identified, the deposit will be returned in full or may be held for a future purchase at the discretion of the buyer.
Health and Conformance with Registration
1. Unless otherwise announced, the seller guarantees that all animals are eligible for interstate shipment as required by applicable federal and state regulations.
2. The seller guarantees that all sold animals are registered in accordance with the rules of the American Dairy Goat Association (ADGA).
3. The seller guarantees to the buyer that all sold animals conform to the registration certificate as entered in the Herd Book.
4. In those cases where a commonly understood nickname is used by the seller, the seller guarantees the pedigree of the animal based on the commonly understood nickname.
Sales Terms and Conditions
1. Unless otherwise stated, all claims for adjustment or refund must be made in writing to the seller within 90 days following the sale of the animal in question.
2. An animal may be returned to the seller if it is in good condition and complies with credit to the buyer for use in a future purchase or provide an animal of equal value subject to the approval of buyer. If the buyer exercises either such option, the claim shall be deemed fully and satisfactorily resolved. However, in the event that the buyer requests a refund of the purchase price, the seller may issue a refund of the full purchase price minus the ADGA transfer fee 90 days from the date the animal is returned.
3. Unless stated otherwise, all transportation expenses incurred will be the responsibility of the buyer, except that the seller will be responsible for transportation costs in excess of the distance between the and the location where the sale took place.
1. The above terms and conditions of sale constitute a contract between the buyer and the seller of each animal and are equally binding upon both parties. Each sale or resale of an animal constitutes a separate transaction.
2. If any dispute cannot be resolved between the parties it is hereby designated that arbitration will be used as a first option to resolve any issues pertaining to the sale otherwise not covered in these terms.
3. Any sponsor or sponsors other than Miski Fox Farm, nor any other person connected with the management of the sale, assumes any liability, legal or otherwise.
4. These sale terms and conditions and all rights, obligations and duties arising hereunder and all disputes arising hereunder will be construed in accordance with, and governed by, the laws of Maryland.
UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN AGREEMENT BETWEEN THE PARTIES RELATING TO THE SALE OF NIGERIAN DWARF DAIRY GOATS UNDER THESE SALE TERMS AND CONDITIONS, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE IS KNOWN TO THE PARTIES. THE REMEDIES PROVIDED IN THESE SALE TERMS AND CONDITIONS ARE THE EXCLUSIVE REMEDIES OF THE BUYER, OR ANY PARTY CLAIMING THROUGH THE BUYER, AND UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY PROVISION OR OTHERWISE.
*Revised February 26, 2021