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terms & conditions
ESI Sportpferde GmbH
A. In General
This auction is a public auction within the definition of § 474, section 1S.2 BGB (German
Civil Code) in which horses are sold as used goods in a legal sense.
Therefore, the rules for the purchase of consumer goods (§§ 474 ff BGB) are not
applicable.
The ESI Sportpferde GmbH, Rossegarden 5 in 49688 Lastrup, is the organizer of the
auction.
The company sells the horses listed in the catalogue in the exhibitor‘s name and for the
exhibitor‘s account (commission business).
B. Nature of Goods Agreement
The horses for sale, which are not for the purpose of producing food, are sold as seen. At
the time of hand-over, they shall have the following quality characteristics which, at the
same time, are subject matter of the sales contract:
I. Exterior Characteristics
1. Pedigree as specified in the catalogue
The pedigrees given in the catalogue have been verified by breeding certificates that will
be given to the buyer after purchase of the horse.
2. Sex, color and year of birth as specified in the catalogue.
The photographs of the horse printed in the catalogue as well as any brief comments
made, including the assignment of traits of the horse regarding predestination for
dressage, jumping or eventing, are not quality characteristics and are based on
statements made by the exhibitor and subjective observations made at the time the
catalogue was printed.
An assurance regarding the ability of the concerned horse is not given.
II. State of Health
The horses for sale have been clinically examined and x-rayed before they were
delivered to be prepared for the auction.
X-rays were taken in the following standard projections:
Foot from the front (90°) and oxspring
Foot from behind (90°)
Hockjoint from both sides (45° - 70°, 90° - 115°)
Stifle from both sides (90° - 110°)
The clinical examination carried out has been recorded in a veterinary examination
report. Interested buyers may view this report in the auction office.
X-rays have not been assessed. They are available to interested buyers and can be
viewed in the auction office during the entire preparation time for the auction along
with the written clinical examination report.
Interested buyers may have a veterinarian of their choice or the auction veterinarian
interpret the x-rays. The organizer will not be liable for any interpretations.
The written results in the clinical examination report as well as the x-rays taken are
subject matter of the sales contract.
Further quality characteristics in regard to performance, health or other properties
of the horse were not determined by the organizer. Thus, such characteristics are not
subject matter of the sales contract.
C. Scope of Liability
I. Liability of the organizer is limited to the Nature of Goods Agreement found in section
B with the restriction that contractual claims for subsequent fulfillment or reduction of
the purchase price are excluded.
II. Claims for damages are limited to reimbursement of transport costs from the auction
stables to the buyer‘s stables in Germany as well as boarding costs and costs for the
first veterinary examination as well as blacksmith costs. The organizer will not be liable
for further costs, particularly for training, replacement or any damage to property.
D. Taking Delivery and Passing of Risks
I. The buyer or his agents are obligated to take over the horse immediately after signing
the purchase note.
At knock-down, which represents the point of change in ownership, the risk involved with
owning the horse passes to the buyer. The right of ownership of the purchased horse
passes to the buyer after the purchase price has been paid in full, even if the horse is
still in the custody of the organizer.
Liability of the organizer for any type of damage to a sold horse is limited to willfulness
and gross negligence.
The horses are delivered to the buyer with a halter and lead.
E. Guarantee
Apart from the Nature of Goods Agreement listed in sectionB, the horses are sold as
seen without any guarantee.
F. Limitation
Warranty claims by the buyer are limited to a period of 12 months after ownership of the
horse has passed to the buyer.
G. Offers for Horses Made in Euro
Only minimum increments of 250,- EUR will be accepted.
In case of more than one bid, the auction management shall decide knock-down which
may be determined by lot or assignment.
A commission of 6 % of the knock-down price plus the valid value added tax are
due from the buyer for each horse.
The buyer also bears the cost of an insurance policy for the horse. The insurance
premium is 2 % of the knock-down price plus commission and value added tax.
By signing the purchase note, the buyer authorizes the organizer to take out the
insurance described above in the name of the buyer and for the buyer‘s account.
The invoice is made up of the following items:
Knock-down price
+ 6 % commission
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= net amount
+ 19 % value added tax
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= gross amount
+ 2 % insurance premium
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= invoice amount
The organizer is authorized to receive payment.
Buyers with place of residence or are based in other EU countries do not need to
pay value added tax if the horse is taken abroad immediately after it has been
purchased.
Buyers with place of residence or are based in Germany must pay the valid German
value added tax.
You do not have to pay value added tax if you present the organizer your VAT
registration number to prove that you are buying the horse for your company.
H. If a dispute arises concerning knock-down which must be communicated
immediately, bidding may be resumed again, pending the decision of the
auction management‘s representative. This is also permitted, even if the
purchase note has already been signed.
I. The purchase price is due immediately after knock-down.
The invoice amount must always be paid in cash or by check at the cashier‘s desk in
the auction office.
Ownership is only transferred to the buyer after payment has been made in full; in case
of a check after it has been credited to account.
A stop payment order is not permitted, even if the buyer has made a complaint about
the horse. The assertion of a claim to the right to withhold/defense of set-off is only
possible on the basis of an enforceable legal document/decision.
Horses must be picked up on the day of the auction by 8:00 p.m., otherwise the buyer
will be charged for boarding.
K. No horse may be removed from the auction premises before payment has been made.
Horses may only leave the premises upon presentation of a passing certificate issued
by the auction office.
L. In case of complaints, the buyer must inform the organizer in writing,
who will then get in touch with the exhibitor and insurance company.
M. The Terms & Conditions of the Auction will be posted in the auction
office on the day of the auction.
N. Should one or more of the provisions above be or become without effect,
the remaining provisions are not affected. Ineffective provisions are to be
replaced by rules that allow the parties to achieve the desired economic
goals in a manner that is legal and feasible.
O. Venue in case of disputes involving the organizer is Cloppenburg.
sporthorses