XVIII. ESI Fohlenauktion

127 The handover date is to be agreed between the buyer and the exhibitor. If the buyer should default on the acceptance of the foal, thus, with the beginning of the delay, the risk of incidental deterioration or loss of the foal is transferred to the buyer, just as the buyer has to bear the costs of maintenance, including expenses for veterinarians and farriers. When it comes to the delivery of the foal, should there be a difference of opinion between the exhibitor and buyer with regards to the state of health of the foal, or rather the readiness of the foal for handover, the veterinary clinic Janetzko & Lange, Varrelbusch, is to be consulted. The decisions of the ve- terinarians of this clinic are binding for the exhibitor and buyer. The costs for the services of the clinic are to be borne by the buyer.The delivery of the foal by the exhibitor to the buyer before the payment of the hammer price is at the risk of the exhibitor. E. INSURANCE Each foal is insured by LVM for the amount of the hammer price, up to a maximum of 25.000 EUR in case of death, euthanasia and permanent loss of use, including accidental damage caused by ataxia and tendon injuries. 80% of the payout is made to the buyer. The insurance cover commences from the date of the fall of the hammer and ends with the completed 6th month of age of the foal, at the latest at the end of the current calendar year. F. CHARACTERISTICS AND WARRANTY The contractually agreed characteristics are the details in the auction cata- logue regarding age, sex, colour and pedigree of the foal.The physical con- dition is as indicated by the report arising from the veterinary examination. The report represents the physical condition at the time of the auction. Any other written or oral statements made by the veterinarian or representati- ves of the organiser are not part of the agreement on characteristics. Complaints must be submitted to the seller in writing, and should also be communicated to ESI Trading GmbH. A replacement delivery as rectifica- tion is excluded. In the event of an effective rescission, claims for damages are excluded. All claims for damages are limited to transport costs from the auction stable to the buyer’s stable within Germany and usual stabling and feeding costs. Claims for defects or other claims for compensation be- come time-barred from the transfer of risk – in the case that the seller is an entrepeneur (§ 13 BGB) and the buyer is a consumer (§ 13 BGB) after two years – and in all other cases after one year. All limitations of liability, including limitation periods, shall be excluded except in the case of damage to life, limb and health of the purchaser for which the seller is responsible for the breach of duty and liability for any other damage resulting from intentional or grossly negligent breach of duty by the seller, his legal representative or his vicarious agent. G. APPLICABLE LAW, JURISDICTION AND SEVERABILITY CLAUSE Should one of the auction conditions be wholly or partially ineffective, the validity of the remaining conditions shall remain unaffected. In the place of the ineffective one enters an effective regulation, which comes closest to the ineffective content.The auction conditions are available in German and English. In the case of contradictions, the German version alone applies, in the case of interpretations, the German version is also to be used and governed primarily for the interpretation of the English version. The place of jurisdiction for all disputes arising from the contractual rela- tionship between the buyer and the organiser, ESI Trading GmbH, is the registered office of the organiser, insofar as the buyer is a merchant, a legal entity under public law or a special fund under public law or the buyer has no general place of jurisdiction in Germany.