Conditions of Sale
FOAL AUCTION at the Springflut Festival 2022-Hörup

A. General

I. Organizer of the public auction are the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93 – 95, 25336 Elmshorn and the Holsteiner Pferdefreunde GbR, Nordhackstedter Straße 8, 24980  Hörup.

The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn and the Holsteiner Pferdefreunde GbR, Hörup, organize 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 would 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.

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 200 € 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 effected 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 organizer, represented by the executive director. Disputes as to the validity of the knock-down are decided by a commission comprising the auctioneer, the executive director of the Holsteiner Verband Vermarktungs- und Auktions GmbH and the executive director of the Holsteiner Pferdefreunde GbR, Hörup 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/exhibitor 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), 9.5 % (flat-taxed farmer) or 19% (trader/ farmer opting for standard taxation). For each foal, the applicable tax rate is stated in the catalogue. The VAT rate is stated as declared by the exhibitor. The H.V. Vermarktungs- und Auktions GmbH and and the Holsteiner Pferdefreunde GbR, Hörup, 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 and the Holsteiner Pferdefreunde GbR, Hörup, have arranged an obligatory insurance with the Vereinigte Tierversicherung for any foal put to auction (compare E) at a charge of 1.7 % 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%, 9.5% 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
+ 1,7 % 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 (knock-down price + VAT) to the organizer, the H.V. Vermarktungsund Auktions GmbH, Elmshorn, and the Holsteiner Pferdefreunde GbR, Hörup,  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 customry livery costs. Exhibitor/seller und purchaser have to agree upon a 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 customary daily 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 and the Holsteiner Pferdefreunde GbR, Hörup,  have  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 with the delivery to the first buyer/ young stock producer’s stable at the latest on 31 December 2022.

III. 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,the Holsteiner Pferdefreunde GbR, Hörup,   and the insurance company (VTV) must be informed without delay.

IV. For detailed terms and conditions we refer to the information given by the VTV insurance company on page 4.

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 auction‘s 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.

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 negligent breach of duty by the seller or the Holsteiner Verband Vermarktungs- und Auktions GmbH,the  Holsteiner Pferdefreunde GbR, Hörup, or wil, ful or negligent breach of duty by a Holsteiner Verband Vermarktungs- und Auktions GmbH and Holsteiner Pferdefreunde GbR, Hörup,   legal representative or vicarious agent.

The liability limitations and exclusions do not extend to liability claims as to other damages resulting from gross negligent breach of duty by the Holsteiner Verband Vermarktungs- und Auktions GmbH and Holsteiner Pferdefreunde GbR, Hörup,  or a Holsteiner Verband Vermarktungs- und Auktions GmbH and Holsteiner Pferdefreunde GbR, Hörup,  legal representative or vicarious agent.

G. Changes, Applicable Law, Place of Jurisdiction, Severability Clause

I. Holsteiner Verband Vermarktungs- und Auktions GmbH, Holsteiner Pferdefreunde GbR, Hörup, 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 and the Holsteiner Pferdefreunde GbR, Hörup, 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.

Condition of Sale

Riding Horse Auction Springflut Festival 2022-Hörup

A. General

I. Organizer of the particular auction sale is the Holsteiner Pferdefreunde GbR, Nordhackstedter Straße 8, 24980 Hörup, in the following called “organizer“. Exhibitor is the owner of the horse.

Organizer sells the horses in the way of an agency business, meaning 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). The legal conditions regarding the sale of consumer goods as outlined in sections 474 et seq. BGB do thus not apply. 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 this agency service, the exhibitor is charged a commission fee at a rate between 7 % and 16 %, depending on the knock-down price, by the organizer.

B. Auction, Passing of Risk

I. Prior to the auction, the horses offered for sale will be shown in hand or under saddle. During the auction sale the horse offered for sale will be presented under the rider or in-hand. The auction is called in euros, the minimum increment being 500.00 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 Holsteiner Pferdefreunde GbR, 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 Holsteiner Pferdefreunde GbR and c) Roland Metz, executive director of the Holsteiner Verband Vermarktungs- und Auktions GmbH, 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 deficiency or loss

IV. With the auctioneer’s knock-down, the risk of loss of the purchased horse is passed to the purchaser.

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), 9.5 % (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 organizer does not assume liability for this statement.

II. A commission/buyer’s premium at a rate of 6 % of the knock-down price (net) plus 19% VAT is payable by the purchaser to the Holsteiner Pferdefreunde GbR for agency services.

III. Against this background the total amount payable by the purchaser is computed as follows:

IV. 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 Holsteiner Verband 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 Holsteiner Verband Vermarktungs- und Auktions GmbH must equal the total invoice amount in euros.

V. 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 Holsteiner Verband 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 Holsteiner Verband Vermarktungs- und Auktions GmbH account with the UniCredit Bank, Elmshorn.

VI. In the event that passage of title is not effected on the auction day, the organizer can decide to have the horse stabled at exhibitor’s stable at the purchaser’s risk and expense. In default of payment, the purchaser is liable to the exhibitor and the Holsteiner Verband Vermarktungs- und Auktions GmbH. The purchaser is entitled to the Certificate of Ownership only after passage of title has been effected.

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 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.

VIII. The exhibitor transfers their claim against the purchaser for payment of the selling price (knock-down price + VAT) to the Holsteiner Verband 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.

IX. 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.

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 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 achieved in Germany, predominantly.

2) the physical condition as documented

• by radiographs

- front hooves left and right 90° centred on
   the coffin    joint

- front digits left and right (90°) centred 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, viewing of the fetlock           
   joint space

- three pictures of back

- cervical spine

• by the equine practitioners‘ Clinical Examination Certificate (contact information page 44).

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, meaning other than that, each horse is sold under exclusion of any warranty.

II. IIn order to claim warranty, any complaint as to D 1) and D2) 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 in the catalogue’s list of exhibitors. The date decisive for compliance with the time limit is the complaint’s receipt.

III. The warranty and liability limitations and exclusions as stated in D and E, I. 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 Holsteiner Pferdefreunde GbR, or wilful or negligent breach of duty by a legal representative or vicarious agent of the seller or the Holsteiner Pferdefreunde GbR;

- liability claims as to other damages resulting from gross negligent breach of duty by the seller or the Holsteiner Pferdefreunde GbR or wilful or gross negligent breach of duty by a legal representative or vicarious agent of the seller or the Holsteiner Pferdefreunde GbR.

F. Limitation Period

Warranty for deficiencies as stipulated by these conditions under D.1) and D.2) 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 Holsteiner Pferdefreunde GbR, or wilful or negligent breach of duty by a legal representative or vicarious agent of the seller or the Holsteiner Pferdefreunde GbR. 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 Holsteiner Pferdefreunde GbR, or wilful or gross negligent breach of duty by a legal representative or vicarious agent of the seller or the Holsteiner Pferdefreunde GbR.

G. Changes, Applicable Law, Jurisdiction,
Severability Clause

I. Holsteiner Pferdefreunde GbR and auctioneer reserve the right to alter the event’s proceedings and schedule. Any changes are to 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 Holsteiner Pferdefreunde GbR 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.

V. 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.