
A. General
The „Hanoverian Society e. V.", Lindhooper Straße 92, D-27283 Verden (Aller), is the organizer of the auction and sells the horses described in the catalogue in its own name on account of the vendor (commission business). In the event of any legal process, this will be conducted through the Court House in Verden (Aller) resp. Hanover.
B. The Auction
The auction is a public event, lead by a public appointed and sworn auctioneer. 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. Before the auction, the horses to be sold will be shown at hand, under the saddle and during loose jumping. During the auction, the horses being sold will be shown under the saddle. In special cases, the right is reserved to show at hand only. The horses will be offered for sale in EURO. Bidding will begin at Euro 5000,00. Only bids of at least Euro 300,00 will be accepted. 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 of the managing director of the “Hanoverian Society 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. 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 Association and to the vendor for any possible reduction in price.
C. Settlement and Payment
For its activity as a commission agent, the Hanoverian Association 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 cheque. Foreign purchasers are only allowed to pay in cash or in accordance with a prior agreement or another guarantee of payment resp. to be agreed upon with the Hanoverian Association. Cheque collection fees or interest rates have to be paid by the purchaser. The purchaser liability is definitively discharged after final settlement of a cheque only. Stop payment orders against issued cheques are prohibited. The account will be rendered as follows:
Knock-down price | |
+ | 6 % commission |
Net amount | |
+ | VAT (acc. to § 12 [2] of the German turnover law = 7 %) settled price + 1 % insurance (plus insurance tax) |
= | final balance amount |
All auction horses are insured by the commission agent (Hanoverian Society e. V.). The new owner is the legal successor of each insurance contract. The insurance premium is settled up with the auction statement. According to § 448 BGB (German Civil Code), the horses remain property of the vendors unless full payment is effected of all claims due to the transaction, when accepting cheques until their clearance. The “Hanoverian Society e. V.“ is entitled to accept payment and to sue, in case of non-payment, the purchaser for the payment of the purchase price and of all additional fees and expenses.
D. Characteristics of the offered Horses
As per legal terminology, the following characteristics are those characteristics all horses should have and which are subject to buyer’s legal rights: Pedigree, sex, age, colour, height, possibly show or tournament successes and performances of the family/ancestors. Apart from that, there will possibly be pictures of the horses and a short description about the horse’s main talents (dressage, show jumping, eventing). These statements are based on first impressions of the horses until the catalogue is published. The Hanoverian Association makes no promises or evaluations in the sense of an assurance of certain qualities. Current health problems and considerable changes of the catalogue descriptions are either published in a final report called “Last News” or reported by the auctioneer. Other qualities and characteristics are not subject of the sales contract. In this respect, the horses are bought as being inspected, excluding any liability for material defects. E. Liability The Hanoverian Association will assume the liability for material defects relating to the characteristics mentioned under section D, in accordance with the legal regulations, however, with the following restrictions:
a) In view of the fact that it is impossible to replace individual living things, the claim for later fulfilments is prohibited.
b) The claim for reduction is prohibited.
c) 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 Hanoverian Association and the vendor of the horse will be liable and have to accept a return of the horse and a repayment of the auction sales price.
d) 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.
The seller is not liable for any additional costs and compensations, replacements or loss of fortune, neither does he accept any additional training fees.
e) All claims for faults have to be directed to the “Hannoveraner Verband e. V." They will settle the claims on exhibitor’s behalf.
f) Claims for material defects (differences in the horse’s typical characteristics as mentioned in the contract) have to be directed to the “Hannoveraner Verband e. V.”, latest within six weeks after transition of liability. The seller has to be informed about the faults “wind cribbing”, “weaving” and "whistling" within two weeks after transition of liability.
g) 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.
h) The Hanoverian Association and the vendor doe 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 Association is not liable for the accuracy of the veterinarian inspections and the corresponding evaluations of the independent veterinarians.
F. Status of Health – No guaranteed constitution
a) 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.
b) In addition, the independent veterinarians Dr. Gerd Brunken and Dr. Karl Blobel 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. Blobel , is not part of the characteristics as mentioned under section D., but only a noncommittal information for potential buyers.
c) 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.
d) The results of the veterinary examinations, their statements and evaluations are independent services of both veterinarians. They are no characteristic as mentioned under section D. and no contractual promise by the Hanoverian Association or the vendor. The veterinarians are not the servants of the Hanoverian Association.
G. Removal and Transition of Liability
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. The Hanoverian Association is entitled to accept payments and – if necessary – to insist on buyer’s settlement of obligations. Alternatively, the Association is entitled to transfer all rights to the exhibitor with immediate effect.
H. Alterations of Arrangements
The Hanoverian Association reserves the right to alter the arrangements. In case of doubt, the German version of the Conditions of Sale will be valid.