Marketplace Auctions

Use of the Exotic Wildlife Association’s Marketplace constitutes acceptance of our Terms and
Conditions. User also agrees that these Terms and Conditions may change at any time without notice
and that the user is bound by these Terms and Condition regardless of acceptance date.
The Exotic Wildlife Association will also be referred to as “Auctioneer”.

OWNERSHIP/TITLE: Ownership of each animal/item changes hands at either: a) customer pickup of animal/item or b) delivery of animal/item to the customer by the seller. High bidder agrees that they are contractually obligated to pay for the listing immediately upon auction completion.

CONTRACTUAL AGREEMENT: User agrees that if they are the high bidder, or purchase any
listing, that they have entered a contractual agreement to pay for the listing using the appropriate
method of payment described in these terms. This contract is binding. Only the Exotic Wildlife
Association has the right to terminate any contract, user or agreement with user. This can be done at
any time, without notice, at the auctioneer’s discretion. Auctioneer reserves the right to terminate bidder
registration, restrict access and impose use limits without notice.

BIDDING: Placing a bid or purchasing a listing creates a binding contract between the buyer and the
seller. Placing a bid obligates the buyer to pay for animals/items, should they win the auction, at the
bid price plus any applicable fees and taxes. All P/O’s will pay 5% of the last bid. All animals will be
sold by the head (i.e., 1.3 Kudu is the sale price X4)

AUCTION ITEMS: Consigner of the animals/items for a sale verifies that they own and/or have
the legal right to sell the animals/items listed on the Exotic Wildlife Association’s Marketplace. The
Exotic Wildlife Association will not be held liable for animals/items sold by a consigner without the
legal right to sell. Animals consigned and sold are to be captured and picked up or delivered within 14
days of the close of the auction unless other arrangements have been agreed between buyer and seller.
Once an auction has begun, seller agrees to not close or end the auction early, unless with the express
consent of Auctioneer. All consignments not paid for as described above may be sold to the next highest
bidder or relisted.

The buyer of an animal/item on this site will be responsible for paying sales tax, if applicable. All sales
are subject to State Sales Tax laws. All sales will be charged a sales tax unless the buyer can provide
their agriculture tax exemption number for items that qualify for exemption, or the items being sold are
exempt from any state sales tax. The sales tax to be charged on a taxable item will be determined by
the state in which the item is sold and will reflect that state’s sales tax rate.

PAYMENT: Buyer agrees to remit payment immediately after the auction is considered successfully
closed. Payments may be made via cash, check, ACH, or credit card to Exotic Wildlife Association.
All animal purchases paid with a credit card will be assessed a 4% processing fee based on the purchase
price of the animal(s). Pick-up/Delivery may not be scheduled until payment is complete. Buyer must
pay within 24 hours of auction closing. If Buyer does not pay within 24 hours of auction close, Buyer
will be notified they are in default. The item will be relisted for the next auction at the Seller’s
discretion.

INVOICE: Buyer will receive an electronic invoice at the conclusion of the auction sent to their
email address on file.

OUT OF STATE BUYERS: It will be the buyer’s responsibility to assure all import requirements
are met in the buyer’s home state. All health permits, testing, or associated expenses will be the buyer’s
expense for out of state movement of purchased animal(s). All hoofstock species listed as endangered
(ex. Arabian Oryx, Barasingha, Eld’s deer, Red Lechwe, Grevy’s Zebra) must remain in the state of
Texas unless the buyer and the seller have the proper Captive Breeders Wildlife Permit issued by the
United States Fish and Wildlife Service (USFWS).

CWD Intrastate movement exotic CWD susceptible species; Red deer, sika, elk and muntjac in order
to be moved intrastate must originate from a Texas Animal Health Commission (TAHC) registered
premise and moved to a TAHC registered premise, must be tagged with an Electronic Identification
Device (EID) approved by the TAHC, and accompanied by a transfer permit. For interstate movement
of these species all entry requirements of the receiving state must be met. This will be the buyer’s
responsibility to ensure the purchased animals meet all CWD interstate movement requirements in the
receiving state prior to the sale.

LISTING REQUIREMENTS: The Exotic Wildlife Association reserves to right to edit any
listing. Auctioneer reserves the right to suspend, change or terminate a listing. Auctioneer’s decision
about any listing is final.

SELLER AGREEMENT:Seller agrees that animals/items listed on the Exotic Wildlife Association’s Marketplace
site will be at the liability of the seller. Seller agrees that animals/items listed on the Exotic Wildlife Association’s
Marketplace shall not be listed for sale on any other online marketplace or auction site. The Exotic Wildlife Association is
not responsible for descriptions of consigned animals/items described herein. The Exotic Wildlife Association assumes no
responsibility for trophy size or lack thereof. All guarantees are between Buyer and Seller.  Nor does the Exotic Wildlife Association
accept responsibility for workmanship or defects of any nature in products offered.

PAYMENT TO SELLER: The Exotic Wildlife Association’s office will make no disbursement
of funds to the Seller until both the Buyer and Seller have notified the Exotic Wildlife Association’s
office in writing on the prescribed Live Auction Delivery form that the transaction for the purchase of
animal(s) is complete. In addition, the Exotic Wildlife Association will be paid a commission of 8%
as determined by the Exotic Wildlife Association’s Board of Directors on each lot sold. The
commission will be deducted from the gross sales price prior to payment to Seller.

PICKUP/DELIVERY: Buyer and Seller will mutually agree to a pickup/delivery date deadline
which will not be longer than 14 days after the close of the Auction. If, however, the Seller or Buyer
does not pickup/deliver the animal(s)/item(s) by the deadline and has not notified the Exotic Wildlife
Association in writing to a different delivery date which is longer than the deadline, then in such an
event, the Exotic Wildlife Association will interplead the sales proceeds, net of a commission of 8%
due to the Exotic Wildlife Association. The contract between buyer and seller will become void and
all monies will be returned to buyer and the commission will be due from the consignor. Once the
Exotic Wildlife Association has returned the Net Proceeds to the buyer, the Exotic Wildlife Association
will be released from any and all further obligations, liabilities and/or duties to the Buyer or Seller
relating to the Auction. If for any reason the seller is unable to deliver any purchased animal(s)/item(s)
as required under these terms and conditions all monies will be refunded to the buyer, and the seller
will be assessed the normal commission fee applicable for this sale.
Buyer is solely responsible for knowing and adhering to state entry requirements before bidding on any
animal/item listed on the Exotic Wildlife Association’s Marketplace.

REFUNDS/CREDITS: Refund/Credit claims shall be submitted in writing to the Exotic Wildlife
Association within 24 hours after a listing closes. User agrees that all decisions regarding
refunds/claims made by the Exotic Wildlife Association are final and not contestable by user.

HOLD HARMLESS: The Exotic Wildlife Association will not be held responsible for any
interruption in service, errors, and/or omissions, caused by any means whatsoever. Therefore, the
Exotic Wildlife Association cannot guarantee continual, uninterrupted or error free service as our
website could be interfered with by means out of our control. User acknowledges that this auction is
conducted electronically and relies on hardware and software that may malfunction without warning.
The Auctioneer may void any sale, temporarily suspend bidding, re-start the bidding after a malfunction
and re-sell any items that were affected by any malfunction. The decision of the Auctioneer is final.

INDEMNIFICATION: User agrees to indemnify, defend and hold Auctioneer and Seller(s)
harmless for any personal injury to himself or his agents, any property damage incurred during property
removal, any and all claims, losses, damages, liabilities, judgments, fees and expenses related thereto,
in connection with any claims arising out of, based upon, or resulting from any breach or violation by
user of this Contract or any use by user of the website or as a result of a dispute with another user.

AGENT ONLY: The Exotic Wildlife Association is acting as an agent for the Seller only and is not
responsible for statements made by other parties, accidents, injury, or death of property.