Terms and Conditions
53rd Holsteiner Licensing and Stallion Auction on 16.12.2023 at Elmshorn (Christmas Edition)
A. General
I. Organizer of the respective auction is the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93-95, 25336 Elmshorn, in the following also called “H. V. Vermarktungs- und Auktions GmbH“ or “organizer“. Exhibitor is the owner of the horse.
The H. V. Vermarktungs- und Auktions GmbH sells the horses in the way of an agency business that is on behalf 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 Civil Code). Thus the legal provisions regarding the sale of consumer goods as outlined in sections 474 et seq. BGB do not apply.
This means in particular that special provisions favouring consumers, for example with regard to withdrawal and damages (section 475d BGB), limitation period (section 475e BGB) and shifting of the burden of proof in case of defects (section 477 BGB) do not apply for this event (on this topic compare the Important Consumer information on Contracts for the Sale of Goods from 1 January 2022 below).
The purchase contract is concluded through bid (bidder's offer) and knock-down (auctioneer's acceptance on behalf of the exhibitor) at the respective knock-down price
For agency services, the organizer charges a commission fee from the exhibitor in the range of 7% to 16% for licensed stallions and 5% to 10 % for non-licensed stallions, depending on the knock-down price.
B. Auction, Passing of Risk
I. Prior to the auction, the horses offered for sale are shown in hand or under saddle or free jumping. During the auction the horse offered for sale is presented under the rider or in-hand. The auction is called in euros, the minimum increment being 250 euros.
II. Any doubt as to the validity of the knock-down has to be asserted at once. Bidding 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 horse. Doubts as to the validity of the knock-down can only be asserted by a person bidding for the horse in question, the auctioneer, or the H.V. Vermarktungs- und Auktions GmbH, represented by one of the executive directors. Disputes as to the validity of the knock-down are decided by a commission comprising a) the auctioneer, b) an executive director of the H.V. Vermarktungs- und Auktions GmbH and c) the chair of the Verband der Züchter des Holsteiner Pferdes e.V. or a board member authorized by the chair in his place by simple majority. Immediate assertion of doubt as to the validity of the knock-down is no prerequisite for a 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, bidding for a horse can be reopened according to the auction management's best judgement. The first purchaser is liable for any possible loss.
IV. Upon taking delivery of the horse, risk of loss of the purchased horse passes to the purchaser.
V. After the knock-down and the signing of the purchase note, the purchaser is obliged to take delivery of the horse without delay, at the latest at the end of the time of payment (compare C. V.)
C. Settlement, Payment and Transition of Property
I. Knock down prices are net prices. The purchaser owes the seller/exhibitor the knock-down price plus value added tax (sales price). VAT is raised on the knock-down price at a rate depending on the seller's taxation status, either 0% (private sale), 9% (flat-taxed farmer) or 19% (trader/ farmer opting for standard taxation). Online at www.holsteiner.auction the applicable tax rate is shown for the respective stallion. In addition, the respective tax rate is announced in the auction catalogue. 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. For agency services, the H.V. Vermarktungs- und Auktions GmbH charges a commission/buyer's premium at a rate of 6 % of the knock-down price (net) plus 19% VAT, payable by the purchaser.
III. The H. V. Vermarktungs- und Auktions GmbH has arranged obligatory insurance with the Vereinigte Tierversicherung for each horse (compare G. II) at a rate of 1.5 % of the gross price plus insurance tax (19%), payable by the purchaser.
IV. Against this background the total amount payable by the purchaser is computed as follows:
„knock-down price“ (net)
+ VAT (depending on seller’s taxation status, 0%, 9% oder 19%)
= subtotal 1 (= selling price)
+ buyer’s premium (auction fee) at a
rate of 6% of the knock-down price(net)
+ VAT (19%)
on the 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
In case of sale and transport abroad, a flat rate of € 100.00 (incl. 19% VAT) will be charged for the official veterinarian.
V. The total invoice amount is payable immediately after the knock-down and must be settled in the auction office by check 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 are born by the purchaser. When paying in foreign currency, the amount credited to the account of the H. V. Vermarktungs- und Auktions GmbH must equal the total invoice amount in euros.
VI. The horse in question remains 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. The exhibitor may refuse delivery of the horse until the total invoice amount has been fully paid. In the event that passage of title is not effected on the auction day, the H.V. Vermarktungs- und Auktions GmbH can decide to have the horse stabled at the sellers's 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. The costs for this amount to € 50.00 plus 19 % VAT per calendar day. The purchaser is entitled to the Certificate of Ownership only after passage of title has been effected.
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 exhibitor as seller can withdraw from the purchase contract and sell the horse elsewhere. The first purchaser is liable for any possible 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 (knock-down price + VAT) to the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, as organizer, 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 organizers of the auction sale draw attention to their reserved right to pay a commission to third parties causally involved in the conclusion of the purchase contract from the agency fee.
XI. Purchasers with their residence or seat in the European Union outside Germany pay the statutory German sales tax/VAT which will be refunded if they provide proof to the organizer by submitting their VAT identification number that the horse is purchased for their business and is to be exported immediately after the purchase. Horses may only be shipped between the member states of the EU if accompanied by a health certificate issued by a government veterinarian (guideline 2009/156 EG). The organizer will arrange for this health certificate to be issued by the competent government veterinarian, if the purchaser informs the organizer of the scheduled date of transportation at least two days in advance and submits an official transportation plan. A flat fee of € 100 (incl. VAT) is charged for this statutory certificate. A purchaser exporting to non-EU states will be invoiced at actual cost.
D. Agreement on the Legal and Factual Nature
The exhibitor as seller warrants the quality of the horse at transfer of risk as described and stipulated below:
1) the information stated on the auction website https://holsteiner.auction.de 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 achieved in Germany predominantly.
2) the physical condition as documented
• by radiographs
- front hooves left and right 90°
centered on the coffin joint
- front digits left and right (90°)
centered on the fetlock joint
- overview picture hind digits left and right (90°)
- tarsal/hock joints left and right 0°, 45° and 115°
- stifle joints left and right 110° and 180°
- Oxspring left and right, with a view of the fetlock joint space
- Three pictures of the spine (thoracic spine and front part of lumbar spine, as far as possible with vertebral bodies)
• by the equine practitioners‘ Clinical Examination Certificate.
Beyond that, no written or verbal statements by the veterinarian or organizer's agent shall incur warranty. The radiographs and the equine practitioners' Clinical Examination Certificates can be reviewed at the organizer's marketing office on the day of the auction, as well as on the auction website https://holsteiner.auction.de. Moreover, the radiographs and the equine practitioners' Clinical Examination Certificates can be requested for review from the organizer in the run up to the auction.
3) As regards licensed stallions, the exhibitor also assumes warranty for
a) semen quality as stipulated: On average, semen from two ejaculates collected within one hour with a concentration of no less than 1 billion progressively mobile sperm cell of normal morphology, 30 % of which must be viable for 24 hours when liquidly preserved at 5° Celsius;
b) mating ability;
c) fertility.
E. Exclusion of Warranty, Time Limits for Notification, Rectification of Defects
I. The exhibitor as seller excludes any warranty beyond the qualities stipulated by D, that is other than that, each horse is sold under exclusion of any warranty.
II. In order to claim warranty, any complaint concerning D. 1) and D. 2) as stipulated by these conditions has to be submitted in written form to the exhibitor or the organizer within a three week cut-off period after passage of risk.
In order to claim warranty, any complaint as to D. 3a) as stipulated by these conditions (semen quality) has to be submitted in written form to the exhibitor or the organizer within a six week cut-off period after passage of risk.
In order to claim warranty, any complaint as to D. 3b) as stipulated by these conditions (mating ability) has to be submitted in written form to the exhibitor or the organizer within a six month cut-off period after passage of risk.
In order to claim warranty, any complaint as to D. 3c) as stipulated by these conditions (fertility) has to be submitted in written form to the exhibitor or the organizer within a nine month cut-off period after passage of risk.
Exhibitor's contact details are given in the list of exhibitors. The date decisive for compliance with the time limit is the complaint's receipt.
III. In case of disagreement on a deficiency's existence relating to D.3 a), b) or c) as stipulated by these conditions (semen quality, mating ability, or fertility) the purchaser has to commission an expert medical opinion on the semen quality from the Stiftung Tierärztliche Hochschule Hannover, reproduktionsmedizinische Einheit, Kliniken für Pferde (Foundation Veterinary University Hanover, reproductive medicine unit, equine clinic), within two weeks at the latest after the complaint's rejection. The expert opinion's result is binding for purchaser and seller.
The purchaser‘s failure to observe the time-limit results in the loss of any possible claim arising from the complaint. The seller bears the cost for the medical opinion if the letter of complaint is confirmed by the result, otherwise the purchaser.
IV. Liability for slightly negligent breach of cardinal obligations is limited to damages foreseeable at the time of the contract’s conclusion and typical for the contract. Cardinal obligations are duties whose fulfilment is a prerequisite for the proper execution of the contract and upon the adherence to which the contracting party relies and may rely.
V. The warranty and liability limitations and exclusions as stated above do not extend to
- liability claims as to other damages resulting from gross negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, 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, Elmshorn.
F. Limitation Period
Warranty for deficiencies regarding D. 1) and D. 2) as stipulated by these conditions is limited to three months after passing of risk. Warranty for deficiencies regarding D. 3 a), D. 3b) and D.3c) (semen quality, mating ability and fertility of licensed stallions) as stipulated by these conditions is limited to 31 December of the year following.
The limitation period does not apply in the event of damages to life, body, or health resulting from negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, or wilful or negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn. Moreover, the limitation period does not apply in the event of other damages resulting from gross or wilful or negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, 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, Elmshorn.
G. Other Costs, Insurance
I. Horses are handed over with a new halter and one rope.
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 knockdown.
2) Insurance coverage expires after 12 weeks, with the insurance sum equal to the total amount payable 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 (max. 175,000 euros) 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 120.
H. Changes, Applicable Law, Jurisdiction, Severability Clause
I. H.V. Vermarktungs- und Auktions GmbH and auctioneer reserve the right to alter the event's proceedings and schedule. Changes 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 performance is Elmshorn.
IV. 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.
V. In the event that any of the conditions stated above should become partially or entirely void, this shall not affect any of the other conditions.
VI. In any case of discrepancy between the German and the English version of the Auction Terms and Conditions, only the German version shall apply. For the interpretation, the German version is relevant and shall take precedent also when interpreting the English version.
Important Consumer information on Contracts for the Sale of Goods from 1 January 2022
Since 01 January 2022 new provisions for the sale of goods apply for contracts between merchants and consumers under sections 474-479 BGB.
These consumer-protecting provisions do not apply for this auction under section 474 subsect. 2 clause 2 BGB.
This applies regardless whether you are buying from a consumer or a merchant.
Accordingly the special provisions do not apply for used goods sold through a publicly accessible auction (section 312g subsection 2 No: 10 BGB), if clear and comprehensive information that the provisions of this subtitle (sections 474-479) do not apply is made easily available to the consumer.
The horses offered at this event are animals which have been separated from their dams for some time now. As a result, they have undergone an independent development over a longer period and have been sexually mature for quite some time. Regardless of their ridden status and use for breeding they are thus considered as “used” in the sense of the law (BGH, decision from 09 October 2019 – VIII ZR 240/18)
Horses are not things. They are protected by special laws and regulations. They are governed by the provisions that apply to things, except insofar as otherwise provided, section 90a BGB. At this event horses are not sold by way of an execution of judgement, compare section 241a subsection 1 part I BGB. This means that provisions applicable to goods like section 474 subsection 2 clause 2 BGB can be applied to them as well.
The procedure used at this event is a method of sale where goods are offered by merchants to consumers, who are given the possibility to attend the event in person. The offered goods are sold through a transparent, competitive bidding procedure carried out by an auctioneer where the successful bidder is obliged to purchase the goods. This means it is a publicly accessible auction, compare section 312g subsection 2 No. 10.
Special provisions favouring the consumer like shifting of the burden of proof in case of deficiencies (section 477 BGB), negative agreements on quality (section 476 subsection 1 BGB), withdrawal and damages (section 475d BGB) and limitation period (sections 475e subsection 3, 476 subsection 2 BGB) do not apply for this event.
As a matter of course, the general provisions on warranty for defects under sections 434, 435, 437 and following BGB remain unaffected. On this topic please take note of the modifications under our general terms and conditions.
This means:
1. Shifting of the Burden of Proof
Should you notice a material defect, for example an injury or lameness in the horse within a year of the conclusion of the sales contract, under the convention on contracts for the sales of consumer goods the seller would have to provide proof that the defect did not exist when the risk was passed.
This does not apply to contracts concluded at this event!
You have the burden of proof that a material defect was already in existence at the time of passing of risk.
2. Negative Agreement on Quality
Possible deficiencies in a horse will be documented by the pre-purchase veterinary examination on site.
When selling consumer goods, the seller has to specifically inform you on any material defects under section 434 subsection 3 BGB and a deviation from the objective quality and condition must be separately agreed on in the contract.
Material defects in the sense of section 434 subsection 3 BGB are objective and factual, being of such a condition as to render the purchased object unsuitable for the normally intended use, or to deviate negatively from the usual condition and quality you may expect.
This particular obligation to communicate information does not apply for this event!
The veterinary pre-purchase certificates can be viewed by any person in the auction office and on the corresponding website and are an integral part of the contract under the general terms and conditions. You may consult with your own veterinarian to have the stated findings evaluated and interpreted. Risks and deficiencies resulting from the statements of the veterinary certificate are accepted by you.
As to these deficiencies you cannot claim warranty for defects, and there is no need to further communicate special information.
3. Withdrawal and Compensation
Special provisions for withdrawal and compensation for damages apply to the purchase of consumer goods.
In particular, when buying consumer goods, you just have to notify the seller of the defect without having to specify a period of time to remedy the deficiencies in order to be then able to withdraw.
Moreover, in the event a defect becomes apparent in spite of supplementary performance on the merchant’s side, as a buyer of consumer goods you have for example the right to withdraw regardless whether it is the old defect or a new one.
This does not apply to contracts concluded today!
To invoke withdrawal and compensation in place of performance you have to specify a period of time to remedy the deficiencies.
The seller has a right to remedy the defect. Whether or not the remediation of the defect has failed must be decided on an individual basis. Remediation is deemed to have failed after two unsuccessful attempts to remedy.
4. Period of Limitation
Normally when buying consumer goods, the period of limitation for warranty claims does not expire before the end of four months after the time the defect has become apparent for the first time.
In the event a deficiency becomes apparent shortly before the period of limitation expires, you have four month to notify the seller of the defect, regardless of the fact that in the meantime the period of limitation might have expired.
This relief regarding the period of limitation does not apply for contracts concluded at this event!
Even when you notice defects shortly before the period of limitation expires, you must notify us within the period of limitation.
Holsteiner Christmas Edition (Riding Horses)
on 16 December 2023 at Elmshorn
Terms and Conditions
A. General
I. Organizer of the respective auction is the Holsteiner
Verband Vermarktungs- und Auktions GmbH, Elmshorn,
Westerstraße 93-95, 25336 Elmshorn, in the following
also called “H. V. Vermarktungs- und Auktions GmbH“ or
“organizer“. Exhibitor is the owner of the horse.
The H. V. Vermarktungs- und Auktions GmbH sells the
horses in the way of an agency business that is on
behalf 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 Civil Code). Thus the
legal provisions regarding the sale of consumer goods
as outlined in sections 474 et seq. BGB do not apply.
This means in particular that special provisions favouring
consumers, for example with regard to withdrawal and
damages (section 475d BGB), limitation period (section
475e BGB) and shifting of the burden of proof in case
of defects (section 477 BGB) do not apply for this
event (on this topic compare the Important Consumer
information on Contracts for the Sale of Goods from 1
January 2022 below).
The purchase contract is concluded through bid (bidder's
offer) and knock-down (auctioneer's acceptance on
behalf of the exhibitor) at the respective knock-down
price
For agency services, the organizer charges a
commission fee from the exhibitor in the range of
13%, 15% or 18% depending on the knock-down price.
B. Auction, Passing of Risk
I. Prior to the auction, the horses offered for sale are
shown under saddle. During the auction the horse
offered for sale is presented under the rider or in-hand.
The auction is called in euros, the minimum increment
being 250 euros.
II. The exhibitor of the horse has the right to revoke
agreement to a knock-down for a bidder’s bid on their
horse at auction by giving a hand signal. In this case,
the bid in question must not win the bidding. In the
event that the knock-down is vetoed by the exhibitor
and no higher bid is placed, no contract of sale for the
horse is concluded. The exhibitor has to pay the return
fee according to their agreement with the organizer.
III. Any doubt as to the validity of the knock-down has
to be asserted at once. Bidding 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 horse.
Doubts as to the validity of the knock-down can only be
asserted by a person bidding for the horse in question,
the auctioneer, or the H.V. Vermarktungs- und Auktions
GmbH, represented by one of the executive directors.
Disputes as to the validity of the knock-down are
decided by a commission comprising a) the auctioneer,
b) an executive director of the H.V. Vermarktungs- und
Auktions GmbH and c) the chair of the Verband der
Züchter des Holsteiner Pferdes e.V. or a board member
authorized by the chair in his place by simple majority.
Immediate assertion of doubt as to the validity of the
knock-down is no prerequisite for a judicial review of
the validity of the knock-down.
IV. In the event that the purchase note is not completed
in full or not duly signed by the purchaser, bidding
for a horse can be reopened according to the auction
management's best judgement. The first purchaser is
liable for any possible loss.
V. Upon taking delivery of the horse, risk of loss of the
purchased horse passes to the purchaser.
VI. After the knock-down and the signing of the
purchase note, the purchaser is obliged to take delivery
of the horse without delay, at the latest at the end of
the time of payment (compare C. V.)
C. Settlement, Payment, Passing 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). VAT is raised on the knock-down
price at a rate depending on the seller's taxation status,
either 0% (private sale), 9 % (flat-taxed farmer) or 19%
(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. For agency services, the H.V. Vermarktungs- und
Auktions GmbH charges a commission/buyer's premium
at a rate of 6 % of the knock-down price (net) plus 19%VAT,
payable by the purchaser.
III. The H. V. Vermarktungs- und Auktions GmbH has
arranged obligatory insurance with the Vereinigte
Tierversicherung for each horse (compare G. II) at a rate
of 1.5 % of the gross price plus insurance tax (19%),
payable by the purchaser.
IV. Against this background the total amount payable
by the purchaser is computed as follows:
knock-down price (net)
+ VAT (depending on seller's taxation status,
0 %, 9 % oder 19 %)
= subtotal 1 ( = selling price)
+ buyer’s premium at a rate of 6 %
of the knock-down price (net) (compare B II)
+ 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
In case of sale and transport abroad, a flat rate of €
100.00 (incl. 19% VAT) will be charged for the official
veterinarian.
V. The total invoice amount is payable immediately
after the knock-down and must be settled in the
auction office by check 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 are born by the purchaser. When paying in
foreign currency, the amount credited to the account of
the H. V. Vermarktungs- und Auktions GmbH must equal
the total invoice amount in euros.
VI. The horse in question remains 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. The exhibitor may refuse delivery of the horse
until the total invoice amount has been fully paid.
In the event that passage of title is not effected on
the auction day no later than 8 days afterwards, the
H.V. Vermarktungs- und Auktions GmbH can decide
to have the horse stabled at the organizer's Elmshorn
facility at the purchaser's risk and expense. The costs
for this amount to € 50.00 plus 19 % VAT per calendar
day. In the absence of payment, the buyer is liable for
damages to the exhibitor and to H. V. Vermarktungsund
Auktions GmbH. The purchaser is entitled to the
Certificate of Ownership only after passage of title has
been effected.
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 exhibitor
as seller can withdraw from the purchase contract and
sell the horse elsewhere. The first purchaser is liable
for any possible 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 H.V. Vermarktungs- und
Auktions GmbH, Elmshorn, as organizer, 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 organizers of the auction sale draw attention to
their reserved right to pay a commission to third parties
causally involved in the conclusion of the purchase
contract from the agency fee.
XI. Purchasers with their residence or seat in the
European Union outside Germany pay the statutory
German sales tax/VAT which will be refunded if they
provide proof to the organizer by submitting their VAT
identification number that the horse is purchased for
their business and is to be exported immediately after
the purchase. Horses may only be shipped between
the member states of the EU if accompanied by a
health certificate issued by a government veterinarian
(guideline 2009/156 EG). The organizer will arrange for
this health certificate to be issued by the competent
government veterinarian, if the purchaser informs
the organizer of the scheduled date of transportation
at least two days in advance and submits an official
transportation plan. A flat fee of € 100 (incl. VAT) is
charged for this statutory certificate. A purchaser
exporting to non-EU states will be invoiced at actual
cost.
D. Agreement on the Legal and Factual
Nature
The exhibitor as seller warrants the quality of the horse
at transfer of risk as described and stipulated below:
1) the information stated on the auction website
https://holsteiner.auction.de 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 achieved in
Germany predominantly
2) the physical condition as documented
• by radiographs
- front hooves left and right 90°
centered on the coffin joint
- front digits left and right (90°)
centered on the fetlock joint
- overview picture hind digits left and right (90°)
- tarsal/hock joints left and right 0°, 45° and 115°
- stifle joints left and right 110° and 180°
- Oxspring left and right, with a view of the fetlock
joint space
- Three pictures of the spine (thoracic spine and
front part of lumbar spine, as far as possible with
vertebral bodies
• by the equine practitioners‘ Clinical Examination
Certificate (contact information page 54).
Beyond that, no written or verbal statements by the
veterinarian or organizer's agent shall incur warranty.
The radiographs and the equine practitioners' Clinical
Examination Certificates can be reviewed at the
organizer's marketing office on the day of the auction.
Moreover, the radiographs and the equine practitioners'
Clinical Examination Certificates can be requested for
review from the organizer in the run up to the auction.
E. Exclusion of Warranty, Time Limits for
Notification, Rectification of Defects
I. The exhibitor as seller excludes any warranty beyond
the qualities stipulated by D, that is other than that,
each horse is sold under exclusion of any warranty.
II. In order to claim warranty, a notification of defects
has to be submitted in written form to the exhibitor or
the organizer within a three week cut-off period after
passage of risk.
Exhibitor's contact details are given on the Holsteiner
auction website https://holsteiner.auction.de. The
date decisive for compliance with the time limit is the
complaint's receipt.
III. The purchaser‘s failure to observe the time-limit
results in the loss of any possible claim arising from
the complaint. The seller bears the cost for the medical
opinion if the letter of complaint is confirmed by the
result, otherwise the purchaser.
IV. Liability for slightly negligent breach of cardinal
obligations is limited to damages foreseeable at
the time of the contract’s conclusion and typical for
the contract. Cardinal obligations are duties whose
fulfilment is a prerequisite for the proper execution
of the contract and upon the adherence to which the
contracting party relies and may rely.
V. The warranty and liability limitations and exclusions
as stated above 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,
Elmshorn, or wilful or negligent breach of duty by a
legal representative or vicarious agent of the seller or
the H.V. Vermarktungs- und Auktions GmbH, Elmshorn
- liability claims as to other damages resulting from
gross negligent breach of duty by the seller or the
H.V. Vermarktungs- und Auktions GmbH, Elmshorn,
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, Elmshorn.
F. Limitation Period
Warranty for deficiencies regarding D. 1) and D. 2)
as stipulated by these conditions is limited to three
months after passing of risk.
The limitation period does not apply in the event of
damages to life, body, or health resulting from negligent
breach of duty by the seller or the H.V. Vermarktungsund
Auktions GmbH, Elmshorn, or wilful or negligent
breach of duty by a legal representative or vicarious
agent of the seller or the H.V. Vermarktungs- und Auktions
GmbH, Elmshorn. Moreover, the limitation period
does not apply in the event of other damages resulting
from gross negligent breach of duty by the seller or the
H.V. Vermarktungs- und Auktions GmbH, Elmshorn, 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, Elmshorn.
G. Other Costs, Insurance
I. Horses are handed over with a halter and a new rope.
II. For all horses put up for auction, the H.V.
und Auktions GmbH has stipulated obligatory insurance
with the Vereinigte Tierversicherung as follows:
1) Insurance coverage takes effect with the knockdown.
2) Insurance coverage expires after 12 weeks, with the
insurance sum equal to the total amount payable 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 (max. 175,000 euros) 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 75.
H. Changes, Applicable Law, Jurisdiction,
Severability Clause
I. H.V. Vermarktungs- und Auktions GmbH and auctioneer
reserve the right to alter the event's proceedings and
schedule. Changes 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 performance is Elmshorn.
IV. 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.
V. In the event that any of the conditions stated above
should become partially or entirely void, this shall not
affect any of the other conditions.
VI. In any case of discrepancy between the German
and the English version of the Auction Terms and
Conditions, only the German version shall apply. For
the interpretation, the German version is relevant and
shall take precedent also when interpreting the English
version.
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.
BEL)
SUI )