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AUCTION CONDITIONS

A. General

The organizer of the auction is XXXXX, XXXXX, Timmerhornerstr. 0 / riding facility, 22949 Ammersbek. He sells the horses listed in the catalog on behalf of the exhibitors (intermediary/representative business). The exhibitor sells the horses in his own name via a publicly appointed auctioneer. It is a public auction iSd § 474 I BGB. The statutory provisions on the purchase of consumer goods do not apply. The horses to be auctioned will be shown in hand before the auction or presented under the rider. The organizer reserves the right to make changes to the course of the event. They will be announced in due course.

 

B. Auction

During the auction, the horse for sale will be ridden or presented in hand. The horses are offered in EURO. Only bids of at least € 100.00 will be accepted. Doubts about the validity of the award are to be asserted immediately. The bid can be resumed and continued according to the decision of the commissioned auctioneer. This is also permissible if the purchase note has already been signed. If the buyer does not fill out the purchase slip completely or does not sign it properly, the horse can be put up for auction again. The first buyer is liable to the exhibitor of the horse for any shortfall in proceeds.

 

C. Billing and Payment

I. The invoice amount consists of the accepted bid plus statutory VAT (0% private sale, 10.7% farmer, 19% commercial), plus the 6% of the hammer price as a premium plus the statutory VAT applicable to the premium . In the auction catalogue, the respective VAT rate is shown for each auction aspirant behind the name of the exhibitor. The sales tax is indicated by the seller.

 

Calculation example:

Settlement price/purchase price to be paid by the buyer€10,905.24(for private sales)
€11,994.34(sold by farmers)€12,839.16(sold by entrepreneur).

Payment must be made in cash (EURO) or by check in the auction office immediately after the bid has been accepted. The buyer bears the costs and interest arising from the redemption. When paying in a foreign currency, the amount received in the exhibitor's account is decisive. This must correspond to the settlement price in euros.

 

The horses remain the property of the exhibitors until full payment has been made. In the case of payment by cheque, ownership is transferred when the amount is unconditionally credited to the exhibitor's account.

 

If the change of ownership does not take place on the day of the auction for payment reasons, the exhibitor can determine that the horses are housed in the exhibitor's stables until then at the expense and risk of the buyer. If payment is not made, the buyer is liable for damages to the exhibitor. In any case, the buyer is only entitled to the title deed after the change of ownership.

 

D. Liability, Statute of Limitations, Place of Jurisdiction

I. The seller is liable for the condition of the horse described below:

1) the information given in the catalog on parentage and age as well as sex and colour. The brief information was provided by the exhibitors/breeders or taken from the breeding data. The successes refer mainly to Germany.

The exhibitor assumes no liability for the correctness of the information.

2) the physical condition as documented

X-ray images as recommended in the current X-ray guide from 2018:

  • Toe front on both sides (90°), hoof front on both sides (90°) and oxspring

  • Toe back on both sides (90°)

  • Hocks both sides (115, 45 and 0°)

  • Knees on both sides (110 and 0°)

    and beyond

  • Cervical Spine (Laterolateral)

  • Spinous processes in the saddle area (laterolateral)

- in the protocol of the clinical examination by the specialist veterinarians at Tierklinik Lüsche GmbH, Essener Str. 39 a, 49456 Bakum.

All written or verbal statements by the veterinarian or the exhibitor's representatives that go beyond this protocol shall not lead to liability.

  1. The exhibitor is liable in his own name for intent and gross negligence on the part of his organs, representatives and vicarious agents. For the rest, liability is excluded, unless it is a matter of injury to life, limb or health of the buyer,

  2. there is fraudulent concealment of a defect or a culpable violation of essential contractual obligations.

 

This exclusion extends to damages in addition to the service or instead of the service as well as the claim for reimbursement of wasted expenses.

III. Defects in quality must be reported to the exhibitor in writing with regard to I. 1), 2) within three weeks after the transfer of risk. The date of dispatch applies to meeting the deadline.

 

IV. The buyer's warranty claim expires three months after the transfer of risk in the case of damages and claims for defects in quality according to I. 1) and 2). This limitation does not apply insofar as claims are concerned, which are aimed at compensation for physical damage or damage to health due to a defect for which the seller is responsible or are based on gross negligence on the part of the seller or his vicarious agents. In such cases, the statutory deadline applies.

 

V. Jurisdiction

If the buyer does not have a German place of residence or place of business and is not a German citizen, the contracting parties agreed that German substantive and procedural law would apply to the execution and processing of the contract, excluding the CISG. This also applies in the event of a legal dispute.

If the seller and the buyer are entrepreneurs in the legal sense, the parties agreed that the place of jurisdiction would be the place of business of the respective exhibitor.

As far as claims for damages against the organizer are concerned, the place of jurisdiction is agreed to be the place of business of the organizer.

 

E. Acceptance, transfer of risk

I. The horses are handed over with halters.

II. The costs and the risk are transferred to the buyer at the point in time when the horse is available for acceptance in the box of the auction stable after the bid has been accepted. This also applies if, at the request of the buyer, the horse is to remain in the exhibitor's custody for the time being - or must remain in the exhibitor's custody because the purchase price has not been paid.

 

F. Insurance

For all horses coming up for auction, Holsteins Originale has arranged compulsory insurance with the XXXXXXXXXXXXX on behalf of the exhibitors with the following conditions:

  1. The insurance cover begins with the surcharge. The stipulated waiting period does not apply.

  2. The insured perils include: death or euthanasia as a result of illness, accident, surgery, castration of stallions, transport (including transport accidents), fire, lightning or explosion, as well as theft and robbery (including slaughter with thieving intent). Permanent unusability for riding and driving as a result of the above-mentioned risks is also insured.

  3. The insurance cover for the horses ends after eight weeks. The sum insured is the hammer price.

  4. The compensation to be paid is   in the event of death (death/emergency killing) 100% of the respective insurance sum, in the event of permanent unusability for riding and driving the compensation is 80% of the respective insurance sum of the individual animal.

  5. Scope is the EU, Switzerland, GB, Norway, worldwide transports are also insured up to the 1st buyer.

  6. The basis of the contract is the AVB-Pfd-L2017 with the additional agreement TLP02 of Münchener & Magdeburger Agrar AG, unless otherwise stated.

 

G. Severability

Should one or more of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Invalid provisions are to be replaced by regulations that can be used to achieve the economic success sought by the parties in a legally effective and feasible manner

 

IMPORTANT!

In the event that the auction cannot be held for reasons for which the organizer is not responsible (official ban or similar), no liability is assumed for any resulting damage of any kind.

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