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terms & conditions
foals
ESI Sportpferde GmbH
A. In General
This auction is an public auction within the definition of § 474, section 1S.2 BGB (German
Civil Code) in which foals are sold as used goods in a legal sense.
Therefore, the rules for the purchase of consumer goods (§§ 474 ff BGB) are not
applicable.
ESI Sportpferde GmbH, Rossegarden 5, 49688 Lastrup, is the organizer of the auction.
The company sells the foals listed in the catalogue in the exhibitor‘s name and for the
exhibitor‘s account (commission business).
B. Nature of Goods Agreement
The foals 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 foal.
2. Sex, color and year of birth as specified in the catalogue.
The photographs of the foal printed in the catalogue as well as any brief comments
made, including the assignment of traits of the foal 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 foal is not given.
II. State of Health
The foals for sale have been clinically examined before they were delivered for the
auction.
The clinical examination carried out has been recorded in a veterinary examination
report. Interested buyers may view this report in the auction office.
The written results in the clinical examination report are subject matter of the sales
contract.
Further quality characteristics in regard to performance, health or other properties of
the foal 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, replacement or any damage to property.
D. Taking Delivery and Passing of Risks
I. The buyer or his agents are obligated to pay the knock-down price plus commission fee
and the insurance premium immediately after signing the purchase note.
At knock-down, which does not represent the point of change in ownership, the risk
involved with keeping the foal does not yet pass to the buyer. The right of ownership of
the purchased foal passes to the buyer after the purchase price has been paid in full and
when the foal is handed over to the buyer after the foal has been weaned.
The organizer shall hold the purchase price paid to him by the buyer in trust until the
foal is handed over to the buyer. The exhibitor is entitled to receive the purchase price
paid as soon as the foal is handed over. If the foal is not handed over for reasons the
exhibitor is responsible for, the organizer reserves the right to refund the purchase
price to the buyer.
Liability of the organizer for any type of damage to a sold foal is limited to willfulness
and gross negligence.
E. Guarantee
Apart from the Nature of Goods Agreement listed in section B, the foals are sold as seen
without any guarantee.
F. Limitation
Warranty claims by the buyer are limited to a period of 12 months after the foal has been
handed over to the buyer.
G. Offers for Foals Are to Be Made in Euro (EUR)
Only minimum increments of EUR 250.00 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 foal.
The buyer also bears the cost of an insurance policy for the foal. 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
-----------------------------------------
= net amount
+ 19 % value added tax
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= gross amount
+ 2 % insurance premium
-----------------------------------------
= invoice amount
The organizer is authorized to receive payment.
Buyers with place of residence is outside the EU or are based in Germany do not have to
pay value added tax if the foals are taken abroad immediately after purchase.
Buyers with place of residence or are based in other EU countries must pay the currently
valid German value added tax. You do not pay value added tax if you present the
organizer your VAT registration number to prove that you are buying the foal 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 re-
presentative. 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.
A stop payment order is not permitted, even if the buyer has lodged a complaint about
the foal. 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.
J. In case of complaints, the buyer must inform the organizer in writing, who will then
get in touch with the exhibitor and insurance company.
K. The Terms & Conditions of the Auction will be posted in the auction office on the day
of the auction.
L. 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.
M. Venue in case of disputes involving the organizer is Cloppenburg.