Katalog (pdf) - Trakehner Verband

ders of EVA. Any further veterinary evaluations are not
part of this quality assurance.
Liability regarding the fertility and ability to cover mares
of approved stallions is defined as follows:
The Trakehner GmbH guarantees the absence of any phenotypically
observable and hence hereditarily relevant deficiencies.
Furthermore, the Trakehner GmbH also guarantees
a good libido of the stallion as requirement for his
usage in both artificial insemination and live cover, and
which will allow for the production of a complete ejaculate
following a normal and undisturbed copulatory reflex.
The Trakehner GmbH vouches for the following concretely
outlined minimum requirements for the quality of
undiluted semen:
a) The total amount of morphologically normal, motile
sperm (TNB) per ejaculate is at least 1.0x109
b) The percentage of morphologically aberrant sperm
(MAS) is 50% maximum.
c) The percentage of progressive motile sperm (PMS) is
at least 40%.
Any acute health problems or deviation from the description
as given in the catalog will be announced by the auctioneer
and are considered known.
6a) The liability of the Trakehner Gesellschaft mbH is
limited to the terms of chapter 5. Claims of supple-
mentary performance or abatement are excluded.
With regard to the fertility of stallions as outlined in
chapter 5, claims of abatement are excluded as well,
however, a title to supplementary performance per-
sists.
b) All protocols regarding the soundness and health of
the horses are personal of the veterinarians. The
Trakehner Gesellschaft mbH cannot be hold liable for
the veterinary inspections.
c) Claims of compensation are limited to the refund-
ing of transport costs from the auction stable to the
purchaser’s stable within Germany, and the costs of
stabling, the first veterinary inspection, and the
blacksmith. The Trakehner Gesellschaft mbH will not
refund any costs caused by training, acquiring a re-
placement, or possible property damages.
The stipulated agreement on the limitation on dam-
age claims for potential liability regarding the fertility
of approved stallions (ability to breed and impreg-
nate in either artificial insemination or live cover) is
binding as outlined in section 6c, first phrase. Reim-
bursement for any loss of profit is therefore explicitly
excluded. This limitation to liability however only
persist as long as no intent or gross negligence is
proven. Equally unaffected is possible liability in case
Conditions of Sale
of personal injury.
d) All horses are sold as seen without any liability from
the Trakehner Gesellschaft mbH. No guarantees or
warranties will be made, except they are intended or
an act of gross negligence. This excludes liability for
damage to persons.
e) Among the under d) stated exclusions from liability,
positive laboratory results for CEM and Pyroplas-
mose are included. Should an approved stallion test
positive for EVA under laboratory conditions, the
liability of the Trakehner GmbH is limited to what
has been outlined iunder 5. In detail, the Trakehner
GmbH guarantees that the approved stallion is not a
shedder of EVA. To clarify, liability will be assumed
with limitation that claims requesting subsequent
performance or mitigation are excluded.
f) All claims due to shortcomings are to be addressed to
the Trakehner Gesellschaft mbH, which acts as com-
mission agent for the vendor.
g) All assortments of claims (deviations from the stan-
dards agreed on in chapter 5) have to be filed in
written form within 4 weeks of the auction. Any
claims regarding the breeding or fertility clause of
approved stallions have to be filed in written form
with the Trakehner GmbH until January 31st of the
following calendar year.
h) All claims of the buyer become stale within 3 months
of transfer of risks. Any warranty claim of the buyer
with regards to the breeding and fertility clause of
approved stallions becomes stale within the time
frame of June 30th following in the next calendar
year after the auction day. The foreshortening of the
period of warranty is not in effect if compensation
claims are made and the deficiency is based on a
deliberate or grossly negligent action of the user, his
lawful representative or vicarious agent.
7. In case of any doubts regarding the validity of the
knock-down, which have to be declared immediately, the
bidding may be resumed. Doubts regarding the validity of
the knock-down may still be declared after the purchase
note has been signed, but before the final knock-down of
the sale. Only bidders, the auctioneer, or the auction management
are entitled to declare such doubts. The matter is
decided by a commission consisting of the secretary of the
Trakehner Gesellschaft mbH, the auction management,
and the auctioneer. The decision to revoke the knockdown
must be unanimous.
8. If the purchaser does not sign the purchase note or indicates
during the auction that he will not take the horse,
the horse may be auctioned again, depending on the decision
of the commission named above. The first purchaser
is liable towards the Trakehner Gesellschaft mbH and the
vendor for any loss of profit.
9. The Trakehner Gesellschaft mbH acts as a commission