HERZLICHEN WILLKOMMEN - Hannoveraner Verband

Conditions of Sale – Riding Horses
– January Auction 2010 –
1. General
The “Hannoveraner Verband e. V.”, Lindhooper Straße 92, D-27283
Verden (Aller), is the organizer of the auction. It sells the horses described
in the catalogue in its own name on account of the vendor (commission
business) under the direction of the auctioneer.
2. The auction
2.1 The auction is a public event, lead by a public appointed and sworn auctioneer.
Tickets are available for everybody (as long as stocks last).
According to legal terminology, all horses auctioned-off are second-hand
goods. The regulations of selling consumer goods (§ 474 ff. German Civil
Code) cannot be applied.
2.2 Before the auction, the horses to be sold will be shown under the saddle
– in justified exceptional cases at hand. The horses will be offered for sale
in EURO. Bidding will begin at Euro 4000. Only bids of at least Euro 300
will be accepted.
2.3 In case any doubts should arise as to the validity of the knock-down, this
should be claimed at once, and the offer for sale can be taken up again. It
is also allowed to announce doubts about the validity of the knock-down
if the purchase note has already been signed, latest after the last horse
was knocked-down. However, only bidders of the horse in question, the
auctioneer or the auction manager are allowed to announce any doubts.
A commission, consisting of the managing director of the “Verband Hannoverscher
Warmblutzüchter e. V.”, the auction manager or the auctioneer
can decide about the announced doubts. They are the only ones to
decide unanimously whether the offer is still valid or not.
2.4 If the purchaser does not sign the purchase note or makes known during
the auction that he will not take the horse, the commission can decide to
put it up for the auction again. The first buyer is liable to the Hanoverian
Society and to the vendor for any possible reduction in price.
3. Settlement and payment
3.1 For its activity as a commission agent, the Hanoverian Society raises a
commission fee. The amount to be paid depends on the knock-down
price. Additional handling fees and taxes will be charged as well. The
payment is due immediately upon adjudication. The payment has to be
effected in the auctioneer’s office either in cash or by means of a bankconfirmed
cheque Cheque collection fees or interest rates have to be
paid by the purchaser. Foreign customers have to pay the fee for official
veterinarian services.
3.2 The account will be rendered as follows:
Knock-down price
+ 6% commission
= Net amount
+ VAT, acc. To § 12 (2) German turnover law (7%)
= Settled price
+ 1% insurance plus insurance tax (19%)
= Final balance amount
3.3 All auction horses are insured by Verband Hannoverscher Warmblutzüchter
e. V. The new owner is the legal successor of each insurance
contract. The insurance premium is settled up with the auction statement.
3.4 According to § 448 BGB (German Civil Code), the horses remain property
of the vendors unless full payment of the final balance amount is
effected. The “Verband Hannoverscher Warmblutzüchter e. V.“ is entitled
to accept payment and to sue, in case of non-payment, the purchaser
for the payment of the purchase price.
4. Characteristics of the horses
4.1 The auction brochure features the characteristics of the horses including
details regarding sex, colour, date of birth, height, 3-generation pedigree,
identification number and – if available – own and/or family show or
tournament successes.
4.2 During the auction training, short video clips are taken from most
of the auction horses and published on the Internet under
www.hannoveraner.com so that they are available for potential customers
any time. This is to highlight the horse’s general disposition under
saddle, in the walk, trot and canter and – where required – over the jumps.
Potential customers may repeatedly watch these clips. In addition, there will
be a presentation day, featuring the whole collection live on the Internet.
4.3 Short descriptions about the horses are first impressions from the first
training sessions, describing the horse’s estimated qualities for dressage,
show jumping or eventing. These descriptions are not part of the horse’s
characteristics.
4.4 Current health problems or considerable changes of the horse’s main features
are mentioned in a final report called “Latest News” and/or
announced by the auctioneer prior to the auction.
5. Liability of the Hanoverian Society
5.1 The Hanoverian Society will assume the liability for material defects relating
to the characteristics mentioned under section 4, in accordance with
the legal regulations, however, with the following restrictions:
5.2 Claims for later fulfilment are prohibited. Claims for replacement are
restricted to the report of the Veterinarian University in Hanover, stating
that healing of a disease is not to be expected within a period of six
months of treatment. This report is binding for both parties.
5.3 The claim for reduction is prohibited.
5.4 Claims to withdraw from the contract: If – at the time of transition of liability
- the horse’s constitution differs considerably from the one mentioned
in the contract, the vendor of the horse will be liable and has to
accept a return of the horse and a repayment of the auction sales price.
5.5 All claims for refunds are restricted to the following rights: refunding the
costs for the transport of the horse from the auction premises to the
buyer’s stable (within Germany only), regular costs for boarding and food,
the costs for the farrier, for veterinary inspections and treatments.
5.6 All claims for faults have to be directed to the “Verband Hannoverscher
Warmblutzüchter e. V.”. They will settle the claims on exhibitor’s behalf.
5.7 The liability for faults is limited to a period of time of one year for end
users (as per § 13 German Civil Code). For sales to buyers that are no end
users as per the mentioned law, all claims for material defects are in lapse
within eight weeks after transition of liability.
5.8 The Hanoverian Society and the vendor do not assume any liability for
other characteristics than the ones stipulated in the contract. The horses
are sold as inspected and tested by the buyer, excluding any liability for
material defects. No liability will be assumed for the horse’s status of
health. Apart from that, the Hanoverian Society is not liable for the accuracy
of the veterinarian inspections and the corresponding evaluations of
the independent veterinarians.
5.9 Buyer’s claims for damages, resulting out of an impairment of life, body or
health are excluded if the seller is responsible for the breach of duty and
if he is liable for other damages, based on intention or gross negligence of
the seller, his legal representative or his vicarious agent.
6. Status of health – no guaranteed constitution
6.1 Prior to the auction training, all horses put up for the auction are examined
by the veterinarian in great detail. 12 x-rays will be made of each
horse: lateral views (1. – 3. Phalanx) of the front and back toes. Special
examination of the front feet (Naviculabor bone – Oxspring method). The
hocks are x-rayed at two angles on the same plane (approx. 115°, knee
45°). The results of these examinations are written down in a report.
6.2 In addition, the independent veterinarians Dr. Gerd Brunken and Dr.
Alexander Merz will evaluate the x-rays together. A written report is available
about each horse. This report includes the evaluation of the x-rays,
the experiences of both veterinarians with comparable x-ray results in the
past, the clinical state of health of the horse in the past, especially also
during the auction training, and the general impression of the horse.
According to this, the report issued by both independent veterinarians Dr.
Brunken and Dr. Merz, is not part of the characteristics as mentioned
under section 4, but only a noncommittal information for potential buyers.
Potential buyers are requested to consult both veterinarians regarding
the issued report, with or without their independent veterinarian.
6.3 The report about the first examination, the x-rays and the x-ray report are at
all prospective customers’ disposal, at the disposal of their representatives or
their veterinarians. They may acknowledge, analyse and check the information
on their own responsibility prior to the auction.
6.4 The results of the veterinary examinations, their statements and evaluations
are independent services of both veterinarians. They are no characteristic
as mentioned under section 4. and no contractual promise by the
Hanoverian Society or the vendor. The veterinarians are not the servants
of the Hanoverian Society, but independently working experts.
7. Removal and transition of liability
7.1 The liability passes on to the purchaser after the lot was knocked-down.
This is also the time the ownership changes, even if the horse remains –
for the time being – in the custody of the auctioneers. This is also valid if
the vendor remains the owner under reservation.
7.2 The Hanoverian Society is entitled to accept payments and – if necessary
– to insist on buyer’s settlement of obligations and related costs. Alternatively,
the Society is entitled to transfer all rights to the exhibitor with
immediate effect.
8. Alterations of arrangements, governing law,
place of jurisdiction and severability clause
8.1 The Hanoverian Society reserves the right to alter the auction arrangements
or the regulations stipulated in this contract.
8.2 German governing law and the special version of these conditions of sale
will apply for this auction.
8.3 Place of fulfilment and jurisdiction is Verden.
8.4 Should certain regulations or parts of the regulations mentioned in this
contract become inoperative, the other arrangements of this contract will
not be effected. In fact of not being operative, the inoperative regulation
should be exchanged against one which comes very close to the contract’s
purpose.
8.5 In case of doubt, the German version of the Conditions of Sale will be
valid.
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