Conditions of Sale
Holsteiner Elite Foal Auction on August 15th, 2020

 

A. In General
I. Organizer of the public auction is the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93 – 95, 25336 Elmshorn. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, organizes a foal auction with a publicly authorized and sworn-in auctioneer put in charge of selling the foals at auction. Exhibitor is the owner of the foal.

II. The foals described in the catalogue are sold in a public auction in the name and for the account of the exhibitor according to section 383 (3) BGB (German Civil Law). When a foal is purchased at auction the agreement for sale is between the exhibitor/seller and the successful bidder/purchaser.
The organizer should like to point out that a 5– 13 % agency fee, depending on the knock-down price, will be charged from the exhibitor for the organizer’s acting as an agent.

III. Upon having a foal admitted to auction, the exhibitor accepts the conditions of sale. By participating in the bidding process, any bidder accepts the conditions of sale.

IV. By registering online, the bidder accepts the conditions of sale for both online bidding as well as telephone bidding.


B. Auction
I. During the auction the foals will be presented in hand. The prices are called in euros with the minimum starting bid at 4,000 €. Only increases of at least 100 € will be accepted.

II. Any doubt as to the validity of the knock-down has to be asserted at once. At the discretion of the auctioneer in charge, the bidding for a horse can be reopened and continued. This is admissible even if the purchase note has already been signed but must be effe ted at the latest by the final fall of the hammer for the last foal. Doubts as to the validity of the knock-down may only be asserted by a person bidding for the foal in question, the auctioneer, or the Holsteiner Verband Vermarktungs- und Auktions GmbH, represented by one of the managing directors. Disputes as to the validity of the knockdown are decided by a commission comprising the auctioneer, a managing director of the Holsteiner Verband Vermarktungs- und Auktions GmbH and the chairman or second chairman of the Verband der Züchter des Holsteiner Pferdes e.V. by simple majority. An immediate assertion of doubt is no prerequisite for a judicial review as to the validity of the knock-down.

III. In the event that the purchase note is not completed in full or duly signed by the purchaser, bidding for a foal can be reopened according to the auction management’s best judgement. The first purchaser is liable for any possible deficiency or loss.
 


C. Settlement, Payment and Transition of Property
I. Knock-down prices are net prices. The price payable by the purchaser to the seller is the knock-down price plus VAT (= purchase price). The VAT raised on the knockdown price depending on the seller’s status is 0% (private sale), 10.7 % (flat-taxed farmer) or 19% (trader/ farmer opting for standard taxation). For each foal, the applicable tax rate is stated in the catalogue after the exhibitor’s name. The VAT rate is stated as declared by the exhibitor. The H.V. Vermarktungs- und Auktions GmbH does not assume liability for this statement.


II. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn fee for acting as an agent is 6 % of the knock-down price (net) plus 19 % VAT, payable by the purchaser.

III. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn has arranged an obligatory insurance with the Vereinigte Tierversicherung for any foal put to auction (compare E) at a charge of 1.5 % of the gross price plus insurance tax, payable by the purchaser.

IV. In agreement with these specifications, the amount due by the purchaser will be calculated as follows:

 

knock-down price (net)
+ VAT
(depending on seller’s taxation status,
0%, 10.7% oder 19%)
= subtotal 1 (= selling price)
+ buyer’s premium at a rate
of 6 % of the knock-down price (net)
+ VAT (19%)
on buyer’s premium
(according to section 12 (2) UStG)
= subtotal 2
subtotal 1 and 2

(selling price + buyer’s premium)
= gross price
+ 1,5 % insurance premium
on gross price
+ insurance tax (19 %)
= TOTAL INVOICE AMOUNT

 

V. The total invoice amount is payable immediately after the knock-down and must be settled in cash or by check at the auction office or transferred to the H. V. Vermarktungs- und Auktions GmbH’s UniCredit account.

VI. The foal in question remains in the property of the exhibitor in agreement with section 449 BGB until the total invoice amount has been paid to the H. V. Vermarktungs- und Auktions GmbH; in the event of payment by cheque or money transfer, passage of title is effected by the unconditional crediting of the total invoice amount to the H.V. Vermarktungs- und Auktions GmbH account with the UniCredit Bank, Elmshorn.

VII. In the event that the purchaser does not pay the total invoice amount within five working days (including Saturday) after the day of the auction, the seller may withdraw from the purchase contract and sell the horse elsewhere. The first purchaser is liable for any loss and also liable to pay damages to the organizer.

VIII. The exhibitor transfers their claim against the purchaser for payment of the selling price (knockdown price + VAT) to the organizer, the H.V. Vermarktungsund Auktions GmbH, Elmshorn, for collection and settlement. In the event of delayed payment by the purchaser, the organizer does not advance funds to the exhibitor. In the event of delayed payment, the organizer is authorized to take action for payment of the selling price and the ancillary claims against the purchaser on behalf of the exhibitor without requiring the exhibitor’s special order. The costs for the judicial assertion of the claim are born by the exhibitor.

IX. The organizer of the auction sale should like to point out that she reserves the right to pay a commission to third parties causally involved in the conclusion of the purchase contract from the agency fee.



D. Collecting the Foal and Passing of Risk
I. The purchaser must collect the foal no later than six month after the foal’s birth at the seller’s residence. Until then, costs for upkeep including vet and farrier are born by the exhibitor/seller. Seller and purchaser may bindingly agree upon a later date of collection, incurring livery costs. Exhibitor/ seller und purchaser have to agree upon a fixed date for collecting the foal.

II. A prerequisite for collecting the foal is that it has been examined by an equine veterinary surgeon
commissioned by the seller and has been declared free from defects. As far as possible the purchaser
should be present during the veterinary examination. In the event that the purchaser is prevented
for any reason, a veterinary certificate stating the result and findings of the examination must be submitted to the purchaser immediately.

III. With the foal declared free from defects and ready for collection, passing of risk to the purchaser
will be effected. Provided that the purchaser is a consumer, passing of risk is effected by delivery to
the purchaser.

IV. A foal declared ready for collection which is not immediately collected, will incur livery costs payable to the seller/exhibitor by the purchaser. The purchaser must be notified of these costs beforehand.

V. If a foal has been purchased by several persons jointly, these persons share the liabilities arising
from the purchase at auction (purchasing price, collecting, etc) towards the seller/exhibitor as joint
and several debtors. Moreover, the purchasers are considered as joint creditors regarding their claims
arising from the auction transaction, entitling the seller/exhibitor to deliver to any of the purchasers.



E. Insurance
For all foals to be put up to auction the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, has arranged an obligatory insurance with the Vereinigte Tierversicherung (VTV) based on the following conditions:

I. Insurance coverage takes effect with the knock-down.

II. Insurance coverage of the foal expires after twelve weeks (at the earliest upon the foal completing six months of age) with the insurance amount correlating to the total amount due by the purchaser.

III. The shipping of the foal to the first purchaser’s stable is included within the insurance period.

IV. The indemnity to be granted is 80 % of the particular insurance sum (up to max. 50,000.00 €)
minus possible realisation proceeds. In the case of damage the Holsteiner Verband Vermarktungs- und
Auktions GmbH, Elmshorn, and the insurance company (VTV) must be informed without delay.

V. For detailed terms and conditions we refer to the information given by the VTV insurance company on page 161.



F. Liability and Limitation
I. Purchaser and seller agree on the legal and factual nature of the foal as described below:
1. Information stated in the catalogue as to pedigree and age, as well as sex and colour.
2. The physical condition as stated in the certificate of examination issued by an equine veterinary
surgeon. This certificate states the physical condition at the moment of knock-down. Any further
written or verbal statement by the veterinarian or representatives of the organizer shall not incur liability.

II. In order to claim warranty on the auction purchase, any notice of defects has to be submitted in
written form to the exhibitor/seller by the purchaser and for information to the Holsteiner Verband Vermarktungs- und Auktions GmbH, Westerstraße 93 in 25336 Elmshorn.

III. Liability for deficiencies or other damages after passing of risk is limited to two years in case the
seller is an entrepreneur (section 14 BGB) and the purchaser a consumer (section 13 BGB) and to one
year in all other cases.
IV. The liability limitations and exclusions do not extend to liability claims as to damages of life,
body or health resulting from at least negligent breach of duty by the seller or the Holsteiner Verband Vermarktungs- und Auktions GmbH or wilful or negligent breach of duty by a Holsteiner Verband
Vermarktungs- und Auktions GmbH legal representative or vicarious agent. The liability limitations
and exclusions do not extend to liability claims as to other damages resulting from at least gross
negligent breach of duty by the Holsteiner Verband Vermarktungs- und Auktions GmbH or a Holsteiner
Verband Vermarktungs- und Auktions GmbH legal representative or vicarious agent.



G. Changes, Applicable Law, Place of Jurisdiction, Severability Clause
I. Holsteiner Verband Vermarktungs- und Auktions GmbH and auctioneer reserve the right to
alter the proceedings and schedule of the event. Alterations will be announced in due time.

II. German Law shall apply under exclusion of the United Nations Convention on Contracts for
the International Sale of Goods (GISG).

III. Place of jurisdiction for all conflicts arising out of the contract between purchaser and organizer, the Holsteiner Verband Vermarktungs- und Auktions GmbH, shall be the organizer’s registered
seat provided that the purchaser is a merchant, a legal entity governed by public law or specialized agency subject to public law or the purchaser has
no place of general jurisdiction in Germany.

IV. In the event that any or several of the conditions stated above should be or become void, this shall not affect any other conditions.
In case of doubt, the German version of the conditions of sale is given priority to the English translation.

 

 

 

 

 

Conditions of Sale
Holsteiner Summer Riding Horse Auction on August 14th, 2020
 

A. In General
I. Organiser of the auction is the Holsteiner Verband Vermarktungsund Auktions GmbH, Elmshorn, Westerstraße 93-95, 25336 Elmshorn (email: [email protected]), in the following also called “H. V. Vermarktungs- und Auktions GmbH“. Exhibitor is the owner of the horse. The horses are sold in the way of an agency business, that is in the name and for the account of
the exhibitor through a publicly appointed and sworn-in auctioneer. It is a public auction in agreement with sections 383 (3), 474 (2, sentence 2) BGB (German CivilCode). The legal conditions regarding the sale of consumer goodsas outlined in sections 474 et seq. BGB do thus not apply.

The purchase contract is concluded between the exhibitor as seller and the successful bidder as purchaser. The organizer should like to point out that a 8-14 % agency fee, depending on the knockdown price, will be charged from the exhibitor for the organizer’s acting as an agent.

II. By registering online, the bidder accepts the conditions of sale for both online bidding as well as telephone bidding.


B. Auction, Passing of Risk
I. Prior to the auction, the horses offered for sale will be shown in hand, under saddle, or free jumping. During the auction the horse offered for sale will be presented under the rider or in-hand.
The auction is called in euros with bids increasing by 300 euros at least.

II. Any doubt as to the validity of the knock-down has to be asserted at once. The bidding for a horse can be reopened and continued at the discretion of the auctioneer in charge. This is admissible even if the purchase note has already been signed but must be effected at the latest by the time of the final fall of the hammer for the last lot. Doubts as to the validity of the knockdown may
only be asserted by a person bidding for the lot in question, the auctioneer, or the H.V. Vermarktungs- und Auktions GmbH, represented by one of her managing directors. Disputes as to the validity of the knock-down are decided by a commission comprising a) the auctioneer, b) a managing director of the H.V. Vermarktungs- und Auktions GmbH and c) the chairperson / a board member authorized by the chairperson of the Verband der Züchter des Holsteiner Pferdes e.V. by simple majority. Immediate assertion of doubt as to the validity of the knock-down is no prerequisite for the judicial review of the validity of the knock-down.

III. In the event that the purchase note is not completed in full or not duly signed by the purchaser, the bidding for a horse can be reopened according to the auction management’s best judgement. The first purchaser is liable for any possible deficiency or loss.

IV. With the fall of the hammer, the risk of loss of the horse is passed to the purchaser.


C. Settlement, Payment, Passage of Title
I.Knock down prices are net prices. The purchaser owes the seller/exhibitor the knock-down price plus value added tax (sales price). The VAT raised on the knock-down price depending on the seller’s status is 0% (private sale), 10.7 % (flat-taxed farmer) or 16% (trader/ farmer opting for standard taxation). For each horse, the applicable tax rate is stated in the catalogue after the exhibitor’s name. The VAT rate is stated as declared by the exhibitor. The H.V. Vermarktungs- und Auktions GmbH does not assume liability for this statement.

II. The commission payable by the purchaser to the H.V. Vermarktungs- und Auktions GmbH for acting as an agent is 6 per cent of the knock-down price (net) plus 16 % value added tax.

III. The H.V. Vermarktungs- und Auktions GmbH has arranged obligatory insurance with the Vereinigte Tierversicherung for each horse put to auction (compare G II) at a charge of 1.5 % of the gross price plus insurance tax plus 16% VAT, payable by the purchaser

IV. In agreement with these specifications, the total amount due by the purchaser will be calculated as follows:

 

knock-down price (net)
+ VAT
(depending on seller’s taxation status,
0%, 10.7% oder 16%)
= subtotal 1 (= selling price)
+ buyer’s premium at a rate
of 6 % of the knock-down price (net)
+ VAT (16%)
on buyer’s premium
(according to section 12 (2) UStG)
= subtotal 2
subtotal 1 and 2

(selling price + buyer’s premium)
= gross price
+ 1,5 % insurance premium
on gross price
+ insurance tax (19%)
= TOTAL INVOICE AMOUNT

 

V. The total invoice amount is payable immediately after the knock-down and must be settled in cash or by check at the auction office or transferred to the H. V. Vermarktungs- und Auktions GmbH’s UniCredit account within 5 working days (including Saturday) after the date of the auction. Costs and interests for clearing the cheque must be borne by the purchaser. When paying in foreign currency, the amount credited to the account of the H. V. Vermarktungs- und Auktions GmbH must correspond to the total invoice amount in euros.

VI. The horse in question remains in the property of the exhibitor in agreement with section 449 BGB until the total invoice amount has been paid to the H. V. Vermarktungs- und Auktions GmbH; in the event of payment by cheque or money transfer, passage of title is effected by the unconditional crediting of the total invoice amount to the H.V. Vermarktungs- und Auktions GmbH account with the UniCredit Bank, Elmshorn.

VII. In the event that the passage of title is not effected on the auction day for reason of payment, the H.V. Vermarktungs- und Auktions GmbH can decide that the horse is to be stabled at the organizer’s Elmshorn facility at the purchaser’s risk and expense. In default of payment, the purchaser is liable to the exhibitor and the H.V. Vermarktungs- und Auktions GmbH. Only after
passage of title has been effected, the purchaser is entitled to the Certificate of Ownership.

VIII. In the event that the purchaser does not pay the total invoice amount within five working days (including Saturday) after the day of the auction, the seller may withdraw from the purchase contract and sell the horse elsewhere. The first purchaser is liable for any loss and also liable to pay damages to the organizer.

IX. The exhibitor transfers their claim against the purchaser for payment of the selling price (knockdown price + VAT) to the organizer, the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, for collection and settlement. In the event of delayed payment by the purchaser, the organizer does not advance funds to the exhibitor. In the event of delayed payment, the organizer is authorized
to take action for payment of the selling price and the ancillary claims against the purchaser on behalf of the exhibitor without requiring the exhibitor’s special order. The costs for the judicial assertion of the claim are born by the exhibitor.

X. The organizer of the auction sale should like to point out that she reserves the right to pay a commission to third parties causally involved in the conclusion of the purchase contract from the agency fee.



D. Agreement on the Legal and Factual Nature
I. The exhibitor as seller is liable for the quality of the horse at transfer of risk as described and stipulated below:
1) Information stated in the catalogue regarding pedigree and age, as well as sex and colour. Information about the horse has been provided by the breeder or extracted from stud book data. Results have been predominantly achieved in Germany.

2) Physical condition as documented – by radiographs • front hooves left and right 90° centered on the coffin joint
- front digit left and right (90°) centered on the fetlock joint
- overview picture hind digit left and right (90°)
- tarsal/ hock joint left and right (0°, 45° and 115°)
- stifle joint left and right 110° and 180°)
- Oxspring left and right, viewing of the fetlock joint space
- 3 x-rays of the spine (thoracic spine and lumbar spine, if possible showing vertebrae)
    – in the equine surgeons’ Clinical Examination Certificate (see page 166).

Beyond that, no written or verbal statements by the auction vet or organizer’s agent shall be part of the agreement on the legal and factual nature. The x-rays and the equine surgeons’ Clinical Examination Certificates may be inspected at the organizer’s auction office on the day of the auction.
Moreover, in the run up to the auction the organizer will provide the existing x-rays and certificates for inspection upon request.



E. Exclusion of Warranty, Time Limits for Notification, Rectification of Defects
I. The H.V. Vermarktungs- und Auktions GmbH excludes any liability beyond the qualities stipulated in D, that is apart from that, each horse is sold under exclusion of any warranty.

II. In order to claim warranty, any notice of defects has to be submitted in text form to the exhibitor or the organizer within a three week cut-off period after passage of risk. Exhibitor’s contact information is stated in the exhibitor list in the 2020 summer auction catalogue. The date decisive for compliance with the time limit is the receipt of the notification.

III. The liability limitations and exclusions as stated in D and E, I. and II. • do not extend to liability claims as to damages of life, body or health resulting from negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH or wilful or negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungsund Auktions GmbH.
- liability claims as to other damages resulting from gross negligent breach of duty by the seller or the H.V. Vermarktungsund Auktions GmbH or wilful or gross negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungs- und Auktions GmbH.

 


F. Limitation period
I. Liability for deficiencies is limited to three month after passing of risk. The limitation period does not apply in the event of damages to life, body, or health resulting from at least negligent breach of duty by the H.V. Vermarktungs- und Auktions GmbH or wilful or negligent breach of duty by a H.V. Vermarktungs- und Auktions GmbH legal representative or vicarious agent. Moreover, the
limitation period does not apply in the event of other damages resulting from at least gross negligent breach of duty by the H.V. Vermarktungs- und Auktions GmbH or wilful or gross negligent breach of duty by a H.V. Vermarktungs- und Auktions GmbH legal representative or vicarious agent. In these events the statutory period applies.



G. Other Costs, Insurance
I. Horses are handed over with a halter, two new ropes and a blanket. II. For all horses put up for auction, the H.V. Vermarktungs- und Auktions GmbH has stipulated obligatory insurance with the Vereinigte Tierversicherung as follows:
1) Insurance coverage takes effect with the knock-down.
2) Insurance coverage expires after 12 weeks, with the insurance sum correlating to the total
amount due by the purchaser.
3) Shipping of the horse to the buyer’s first stable is included within the insurance period.
4) The indemnity to be granted is 80 % of the particular insurance sum minus possible realisation
proceeds. In the event of damage or loss, the H.V Vermarktungs- und Auktions GmbH and the insurance company must be notified without delay.
5) For detailed terms and conditions we refer to the information given by the VTV insurance company on page 167.



H. Changes, Applicable Law, Jurisdiction,Severability Clause
I. H.V. Vermarktungs- und Auktions GmbH and auctioneer reserve the right to alter the proceedings and schedule of the event. Any alterations will be announced in due time.

II. German Law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (GISG).

III. Place of jurisdiction for all conflicts arising out of the contract between purchaser and organizer, the H.V. Vermarktungs- und Auktions GmbH, shall be the organizer’s registered seat, provided
that the purchaser is a merchant, a legal entity governed by public law or specialized agency subject to public law or the purchaser has no place of general jurisdiction in Germany.

IV. In the event that any of the conditions stated above should become partially or entirely void, this shall not affect any other conditions.


In any case of doubt or discrepancy, the German Auktionsbedingungen shall apply.

 

 

 

 

 

Important
If the auction cannot be carried out for reasons beyond the organizer’s responsibility (order by
authority, for instance), there will be no liability for damages arising thereof, no matter what kind.