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.