Schmuckstücke 2015

A. General Provisions
The auction sale of the offered horses is in accordance with
the general sales conditions for the auction. The organizer
of the auctionis the Sueddeutsche Pferdezuchtverbaende
Vermarktungs GmbH, Gewerbepark Wie dersbach 10–12,
91578 Leutershausen. (herein called the breed registry.) The
breed registry puts the horse listed in the auction catalogue
up for auction, and acts on behalf of the seller as a representative.
The auction is a public sales event as per paragraph
§§474 Abs.1 S.2, 383 Abs.3BGB, in which the horse
are legally considered `used goods`. The rules as per consumer
good regulation ( §§474 ff. BGB) do not apply. The
place of execution and court of urisdiction is Ulm, if applicable
by law.
2. The liability of the exhibitor is limited to the following
attributes.
a) Pedigree according to the information
in the catalogue,
b) Sex,
c) Color,
d) Year of birth,
e) Show records.
Descriptions given in the catalogue or during the course of
the auction in regard to the traits or the suitability of the
horse are not part of the quality agreement, but are only
personal impressions of the auction team and the organizer.
This applies accordingly for reports by the auction veterinarian.
His information shall serve to inform the potential
buyer, however, does not determine the quality of the horse.
Beyond the described quality features, the sale of the horses
occurs without any warranty or guarantee for material defects.
The limitation period for all warranty claims concerning
quality defects is three months as of the date of the
knock-down. The limitations of liability shall not apply to
the exhibitor’s liability for damages resulting from the injury
of life, the body or health based on a negligent breach of
duty by the exhibitor, or on a deliberate or negligent breach
of duty by its legal representatives or vicarious agents. These
limitations shall neither apply to the exhibitor’s liability for
other damages based on a grossly negligent breach of duty
by the exhibitor, or on a deliberate or grossly negligent breach
of duty by its legal representatives or vicarious agents.
The organizer shall exclusively be liable for the proper conduct
of the auction according to these terms and conditions.
Moreover, the liability of the organizer, its legal representatives
and vicarious agents shall be limited to deliberate action
and gross negligence, also in the event of fault in selecting
an agent. The limitations of liability shall not apply to the organizer’s
liability for damages resulting from the injury of
life, the body or health based on a negligent breach of duty
by the organizer, or on a deliberate or negligent breach of
duty by its legal representatives or vicarious agents. These limitations
shall neither apply to the organizer’s liability for
other damages based on a grossly negligent breach of duty
by the organizer, or on a deliberate or grossly negligent breach
of duty by its legal representatives or vicarious agents.
B. Auction
1. The horses will be offered for sale in Euro. Only bids of at
least EUR 200.00 will be accepted. The horses will be sold
to the highest bidder, who is bound to his bidding. If it becomes
apparent after the award of the knock-down that there
was more than one highest bidding, the knock-down will be
taken back and the auction of the horse can be continued.
2. Objections against the validity of the knock-down have
to be asserted vis-à-vis the auction management immediately.
The organizer decides in accordance with the auctioneer
about the objections. It is entitled to put the horse up
for auction again, even if the purchase note has already
been signed. If the highest bidder does not sign the purchase
note or declares that he is not willing to take the
horse, the auction management can put the horse up for
auction again. The first buyer is liable to the organizer for
any possible reduction in price.
3. The knock-down price is a net price. The buyer has to pay
an additional 6 % in commission plus 0 %, 10,7 % or 19%
value-added tax (VAT).
The invoice amount/purchase price is calculated as follows:
Knock-down price
+ 0%, 10, 7% or 19% VAT
+ 6 % commission fee
+ 19 % VAT (from commission fee)
= purchase price
+ 1 % insurance premium
= total purchase price/ invoice amount
Conditions of Sale
4. With the knock-down the risk transfers to the buyer, however,
the ownership only transfers to the buyer after the
complete payment of the invoice amount. The payment is
immediately due either in cash or by check in the auctioneer’s
office. Foreign purchasers, who do not
pay the invoice amount in cash, will have to deposit
a security prior to the knock-down.
C. Information about the state of health
All horses available for auction have been examined clinically
and with x-rays by a veterinarian prior to their delivery
for the auction. A report was compiled about the
examination results.
The x-rays and assessments of the findings are available for
review for potential buyers. They do not constitute a quality
feature. The auction veterinarian is not a vicarious agent of
the organizer; he merely provides information in the interest
of the potential buyer. The latter is entitled to have a veterinarian
of his trust review the veterinary documents.
D. Miscellaneous
1.The horse has to leave the premises at 12 o`clock noon
the day following the auction. From this point on the new
owner has to cover all expenses related to the horse. The
horse can only be shipped if an authorization by the auction
office is presented. The horse will be handed over with a
halter and a robe.
The purchased horse can only be removed from the premises
if all payment issus have been reolved. Payment has to
be made in cash or via bank certified check. If a horse is
sold against an invoice and the seller does not agree to release
the horse until the final payment has arrived, the seller
will return the horse to his own barn until such payment is
received. The buyer has to bear all related risks and expenses.
2. If one or more of the above provisions should be or become
invalid as a whole or in part, the validity of the other
provisions shall not be affected. An invalid provision shall
be substituted by a valid provision whose content comes
closest to the content of the invalid provision.
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