108 / 111
120
terms & conditions
foals
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 Trading 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 auc-
tion 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 pre-
mium 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 insu-
rance 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
-----------------------------------------
= 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 resu-
med 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. 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.
ESI Trading GmbH