Auktionskatalog 2023

curement of replacements or other financial losses. The
liability of the seller for personal injury resulting from
injury to life, limb or health, which is based on at least a
negligent breach of duty by the seller or an intentional or
negligent breach of duty by their legal representative or
vicarious agent, is excluded from this exclusion. Liability
for other damages based on a grossly negligent breach
of duty by the seller or on an intentional or grossly negligent
breach of duty by their legal representative or vicarious
agent is also excluded.
The exhibitor’s right to return benefits and/or compensation
for benefits, consumption, sale, encumbrance,
processing, transformation, deterioration or loss of the
horse remain unaffected by the above provisions.
(b) Organiser’s Liability
1. Any liability of the State of Baden-Württemberg,
represented by Marbach State Stud (Haupt- und Landgestüt
Marbach), from the mediated purchase contract is
excluded.
2. The above exclusion of liability does not apply if the
organiser is liable for personal injury due to injury to life,
limb or health, which is based on an at least negligent
breach of duty by the organiser or an intentional or negligent
breach of duty by their legal representative or vicarious
agent. The exclusion of liability for other damages
based on at least a grossly negligent breach of duty
by the organiser, their legal representative or vicarious
agent does not apply either.
8. Notification of Complaints or Material Defects respectively
The buyer must notify/explain defects or other complaints
as well as a possible revocation to the organiser
in written form. The contracting parties undertake to inform
the organiser accordingly in written form.
9. Statute of Limitations
(a) In the case of a sale by an entrepreneur to a consumer,
any claims for liability for material defects by the
buyer against the seller fall under the statute of limitations
within one year of the horse being handed over.
For all other sellers (sale of an entrepreneur to another
entrepreneur; a consumer to an entrepreneur; a consumer
to a consumer), any claims fall under the statute
of limitations within three months of the transfer of risk.
All claims for personal injury based on at least a negligent
breach of duty by the seller, their legal representative
or vicarious agent are excluded from the easing
of the statute of limitations. Likewise excluded from the
easing of the statute of limitations are claims for other
damages that are based on at least a grossly negligent
breach of duty by the seller, his legal representative or
vicarious agent.
(b) Any claims for damages against the organiser expire
within three months after the conclusion of the mediated
purchase contract. All claims for personal injury
based on at least a negligent breach of duty by the organizer,
their legal representative or vicarious agent are
excluded from the relief of the statute of limitations. Likewise,
the exemption from the statute of limitations does
not apply to claims for other damages that are based on
at least a grossly negligent breach of duty by the organiser,
their legal representative or vicarious agent.
(c) If the seller and buyer are entrepreneurs in the legal
sense, the buyer’s claims for defects presuppose that
he/she has properly fulfilled their obligations to examine
and give notice of defects according to § 377 HGB (German
Commercial Code).
10. Loss of Rights
The buyer loses the rights to which they are entitled
due to a defect if he/she does not notify the exhibitor/
previous owner as the responsible seller of the defect
in written form or send the notification to them no later
than eight weeks from the time the purchase contract is
concluded. A loss of rights does not occur if the seller
has fraudulently concealed the defect.
11. German Law - Place of Jurisdiction - Data Protection
The non-uniform German law applies to all rights and
obligations arising from and in connection with the contractual
relationship, namely the law of the BGB/HGB.
The validity of the UN Sales Convention (CISG: United
Nations Convention on Contracts for the International
Sale of Goods dated April 11, 1980) is excluded.
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