Conditions of sale for horses sold at auction in Marbach on November 8 2020
A. General terms and conditions
The event will be organised by the horse breeding association Baden-Württemberg, Am Dol-derbach 11, 72532 Marbach, subsequently called association. The association sells horses, which can be found in the catalogue, in the name of the exhibitor, also found in the catalogue, on their account as a commission agent by means of public sale in the way of auction descri-bed in the German civil code (BGB) under the paragraphs §§ 312 g section. 2 sub section 10, 383 section 3, 474 section 2 sub section 2. The auction will be led through a publicly appointed and sworn auctioneer as per § 34 b section 5 trade order (GewO). The auctioneer will take offers in euro and decide on the knock-down.
B. Sales tax liability
The hight of the sales tax liability for each exhibitor can be found in the catalogue. Where the-re are no specifications to the hight of sales tax, the exhibitor is not liable to pay any.
At the time of risk transfer the horses will have following characteristics stipulated by contract.
1. General characteristics
a. Pedigree as stated in the catalogue
b. sex, colour and year of birth as stated in the catalogue
c. pedigrees are attested by breeding certificates
which will be handed over to the buyer when the horse has been paid
Additional information in the catalogue such as illustrations of the animals, a short commenta-ry or aural description during presentation is not part of the characteristics stipulated by contract. These are merely subjective opinions stated by the exhibitor. Especially statements to the future abilities in show jumping, eventing or dressage are classed as such.
No agreement regarding any ability of the animals will be made.
2. Health Characteristics: Animals are clinically inspected and x-rayed by a veterinarian pre-vious to the transport to the event. X-rays will include the usual takes (front legs: hoof 90°, third phalanx lateral 90° as well as navicular both sides; Hind legs: third phalanx lateral 90°, both hocks (approximately 0°,45°,115°), back (Withers and saddle area). The examining ve-terinarian has written a report on the findings of the examination which can be inspected
by potential buyers in the auction office. The objective findings of the clinical report, as well as the objective findings of the x-rays are taken as the health characteristics at the time of exa-mination. As far as there are any evaluations or prognoses in the report, these will not be part of the agreement of the health characteristics. The organiser points out that additional
examinations are possible. If no additional examinations are carried out through the buyer, an inestimable, uncertain condition is accepted for body parts not examined. It is pointed out that additional x-rays are possible. If no additional x-rays are carried out on the buyers orders an inestimable, uncertain condition is accepted for body parts not x-rayed. In case of a licensed stallion the ability to cover and fertilize the mare is regarded as a stipulated condition.
3. Latest health impairments or a substantial alteration to the information in the catalogue will be voiced during the event by the auctioneer and the sales advisors or will be posted in the auction office.
D. Intended use/Warranty
The seller will not give any warranty. Especially not for special traits and intended use as well as future abilities to perform in sport or breeding.
E. State of use
All horses are used at least as far as being lead on a head collar, transported, vaccinated, wormed and treated by a farrier as well as having gone through the selection process by the association. Any other training or achievements in competitions, breeding or achievements of offspring will be stated in the catalogue or by the auctioneer or the sales advisors.
F. Settlement, payment and pickup of the horses
The account will be rendered as follows: knock-down price plus value added tax if applicable, 6 % commission on the knock-down price plus value added tax on the commission, 1,75 % insurance premium plus insurance tax on the gross price. The total amount is to be paid to the association, who is authorised by the exhibitor to collect the bill, in the auction office
on the day of auction in cash or via cheque accredited by the bank. If the buyer will, due to special arrangements, pay by bank transfer, following arrangements regarding the collection of the horse are pointed out.
The pickup of the purchased horses has to be done latest at the day after the auction. In exeptional case the horses can stay at the auction place/the Marbach state. The transfer of risk (item G) remains unaffected. The In every case a pension contract has to be made with the stable owner.
G. Transfer of risk
With the knock-down of the horse the risk is transferred to the buyer. He releases the seller and the organiser from any claims of third parties. An eventual liability of the seller or the or-ganiser their legal representative or their vicarious agent on account of injury to life, body and health shall be limited to at least grossly negligent breach of duty.
Horses are insured for permanent loss of use, death and euthanasia at the Vereinigten Tier-versicherung a. G. (VTV) to the gross price (see above) and maximum to 100.000,00 €. The insurance cover ends 3 months after knock-down. The buyer has the possibility to apply to the VTV for extension of the insurance on his own account. In that case there is no need to have the horse vetted again, the coverage of the VTV is in an insurance case 80 % of the value of the horse and maximum the hight of the insurance policy. For questions about our insurance please ask R+V Generalagentur Rupert Hermann, Giersbühlstr. 12, 79859 Schluchsee, Tel. (0 76 56) 9 88 99 00, www.rupert-hermann.ruv.de
I. Damage claims/Material defect liability
All rights arising from product defects and material defect liability are excluded during the sale of the horses unless they are under C) characteristics stipulated. The exclusion is not valid in case of injury to life, body and health if the seller or the organiser can
be held responsible for minimal the negligent breach of duty or an intentional or grossly negli-gent breach of duty on the part of the seller, their legal representative or their vicarious agent. The exclusion is not valid for other damages if the seller or the organiser
can be held responsible for minimal the grossly negligent breach of duty or an intentional or grossly negligent breach of duty on the part of the seller, their legal representative or their vi-carious agent. Should there be any rights arising from product defects or defect liability, the seller has the right to make amends after the choosing of the buyer. Are the claims of the buyer unreasonable or not possible, the buyer agrees that the seller categorically has the
right to dispensation. All amendments will be made at the place of the organiser in Marbach.
All damage claims are excluded. The exclusion is not valid in case of injury to life, body and health if the seller or the organiser can be held responsible for minimal the negligent breach of duty or an intentional or grossly negligent breach of duty on the part of the seller, their legal representative or their vicarious agent. The exclusion is not valid for other damage claims if the seller or the organiser can be held responsible for minimal the grossly negligent breach of duty or an intentional or grossly negligent breach of duty on the part of the seller, the organi-ser, their legal representative or their vicarious agent. Necessary expenses are eligible for compensation: In case of withdrawal from the contract the seller owes the repayment of the sales price, the compensation for feed and stabling, farrier as well as necessary veterinary treatment. Claims of the seller for use of the horse or possible loss of value do not interfere with this. Eventual rights arising from product defects and damage claims are to be addressed to the organiser as representative for the exhibitor. The organiser will deal with damage claims and inform the exhibitor.
J. Statute of limitations
Claims on account of material defects, especially material defects liability shall expire after eight weeks from the knock down. Claims on account of withdrawal from the contract
shall expire after eight weeks from declaration of withdrawal. Claims on account of injury to life, body and health shall be excluded from all limitations of liability including the statute of limitation if the organiser or seller, their legal representative or their vicarious agent can be held responsible for negligent breach of duty. Also excluded are other claims resulting from
intentional or grossly negligent breach of duty on the part of the seller, their legal representati-ve or their vicarious agent.
K. Right of withdrawal
For horses whose vendor is classified as an entrepreneur, i.e. the horses that are marked with a sales tax rate of 10.7% or 16%, and whose buyer is a consumer and the sale is made exclusively by means of distance communication (online bidding), a right of withdrawal of 14 days applies.
The withdrawal period starts from the day on which the buyer or a third party named by him, who is not the transporter, has taken possession of the horse. If the buyer withdraws from the contract, the vendor must reimburse all payments received from the buyer within 14 days. The buyer in turn must return the horse to the vendor within 14 days from the date of the withdrawal. A revocation is only valid in writing and must be declared to the auction organiser.
If the bought horse is remaining on the premises of the event or on the main and state stud Marbach, the buyer is agreeing to a livery contract on the terms and conditions of the respec-tive premises.
M. Collection of the horse
No horse may be removed from the premises until the payment to the association has been settled/ organised. The horse may only be removed from the premises with an exit voucher issued by the auction office. If the buyer is accepting help from the seller or organiser, their staff or vicarious agent this is on their own risk. Liability only exists for injury to life,
body and health caused through minimal negligent behaviour or other damages caused through minimal grossly negligent behaviour.
N. Inclusion of the conditions of sale
These conditions of sale can be found in every catalogue and are posted in the auction office. They are part of the sales contract.
O. Priority to the German version
Should these conditions exist in multiple languages the German version is valid only in case of any inconsistencies. For interpretation the German version has to be adduced authoritatively also for interpreting the English version.
P. Application of law/ Severability clause
The German law as in ZPO, GVG, BGB and the HGB counts should there be any arguments regarding the sales contract. If the buyer is a merchant Marbach shall be the place
of delivery and of jurisdiction. The place of performance for duties from the contract is Mar-bach for both parties. Should one of the conditions of sale be partly or completely invalid, other conditions shall not be affected.
Marbach, October 10 2020