– November Auction –

A. General
The Hanoverian Association (Hannoveraner Verband e. V.), Lindhooper Straße 92, 27283 Verden (Aller), is the organizer of this auction. The horses described in the catalogue are sold in its name and on the vendors’ accounts (on commission).
Place of payment and court of jurisdiction is Verden (Aller).

B. The Auction
The offer for sale is a public event, and the horses are auctioned off as second-hand goods according to the spirit of legal terminology. The regulations of selling consumer goods (§ 474 ff. German Civil Code) cannot be applied in this respect. During the auction, the horses to be sold are presented at hands. All horses are offered for sale in EUR. The offer starts at 3500.00, however, the minimum auction sales price is EUR 4,000.00. Bids of at least EUR 200.00 are accepted only.
Should any doubts arise as to the validity of the knock-down price, this should be claimed at once, and the offer for sale can be taken up again. This is also admissible if the purchase note has already been signed, however, at the latest if the last horse of the auction was knocked-down. Only bidders, the auctioneer or the auction management are allowed to raise an objection. A commission consisting of the manager of the Hanoverian Association, the auction management and the auctioneer, decides on all objections. Only unanimous decisions can reverse an accepted bid. Provided the buyer 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 the horse up for the auction again. The first purchaser is liable to the vendor for any possible reduction in price.

C. Settlement and Payment
Additionally to the purchase price, a commission of 6% of the auction sales price has to be paid by the buyer. 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 customers are allowed to pay cash only or in accordance with a prior arrangement or another guarantee of payment, as agreed upon with the Hanoverian Association before. Cheque collection fees and interests are at remitter’s (buyer’s) charge. The buyer’s liability is definitively discharged after final settlement of the cheque. Stop payment orders against issued cheques are prohibited.
The account will be rendered as follows:
Knock-down-price plus 6% commission = net amount plus 7% value added tax (according to § 12 (2) German Turnover Tax Law) = settled price plus 1% insurance (plus insurance tax, see also page 9) = final balance amount
The Hanoverian Association insures all auction horses before. The insurance contracts pass to the buyers after the lot went down; they are the legal successors of the contracts. The insurance premium is settled with the auction invoice. The horses remain property of the sellers (according to § 448 German Civil Law) until full payment is effected. The Hanoverian Association is entitled to accept any payments and to sue, in case of non-payment, the purchaser for the payment of the purchase price and all additional fees and expenses.

D. Sales Standards (characteristics of the offered horses)
The following description gives detailed information about the necessary characteristics all auction horses should have and which are subject to buyer’s legal rights.
Only details regarding pedigree, sex, colour, age and – if available – regarding special performances of ancestors – will be mentioned in the catalogue. Apart from that, there will possibly be pictures of the horses and a short statement as far as horses’ main talents are concerned (dressage, show jumping, eventing). These statements are based on first impression about the horses. They are no evaluation in the sense of an assurance of certain qualities.
Current health problems or considerable changes of catalogue descriptions will be either during the auction, or by the auctioneer himself in the course of the auction.
The Hanoverian Association does not determine any additional features. Additional information about each horse is therefore not part of the contract. The horses are sold as inspected by the buyer, any additional liability for material defects is prohibited. 
Additional Health Service
a) It is the Verden standard to make 10 x-rays of each more: lateral views (1. – 3. Phalanx) of the front and back toes, special examination of the front feet (navicular bone – Oxspring method), x-ray of the hocks at two angles on the same plane (45° and 115°).
b) The x-rays are evaluated by the veterinarian Dr. Gerd Brunken. There is a written report available ablout the results. Potential customers as well as their veterinarians may look at these reports prior to the auction. The x-rays of the horses are divided into five different categories. These evaluations are made in accordance with the regulations of the international x-ray commission.
c) Prior to the auction, all horses are carefully checked to exclude severe faults. There is an additional report available ablout the present health status of each mare.
d) The veterinarians are responsible for their own, their liability for the health service is limited to wilful and gross negligence.

E. Liability
The Hanoverian Association assumes the liability for the equestrian features as agreed upon before in the contract and in accordance with legal regulations with following exceptions:
a) Any claims have to be directed to the Hanoverian Association, which will settle the claims on the exhibitor´s behalf.
b) A reversal of sale is justified only: The Hanoverian Association and the exhibitor are liable if the horse’s typical characteristics - as mentioned in the contract – are different from the ones the horse actually has during  transition of  liability. The price should be reduced slightly if there a little differences only; otherwise the contract can be cancelled.
c) Legal claims for damages are restricted to refunding costs which arise for the transport of the horse from the auction premises to the buyer’s stable within Germany,  for boarding costs as well as for costs for veterinary examinations and farrier costs. The seller is not liable for additional costs, compensations or loss of fortune.
d) Any claims have to be directed to the Hanoverian Association  which will settle the claims on exhibitor’s behalf.
e) Any claims (differences in horses’ typical characteristics as mentioned in the contract) have to be directed to the Hanoverian Association, latest six weeks after transition of liability. The seller has to be informed about the faults “wind cribbing“, “head weaving“ and “whistling“ within two weeks after transition of liability. After this deadline had passed, it is presumed that the horse was without any faults during transition of liability.
f) The liability for faults is limited to a period of time of one year (according to § 13 German Civil Law) for the end user, if a horse is sold to others, it is limited to eight weeks after transition of liability.
g) The Hanoverian Association is not liable for any other characteristics than the ones stipulated in the contract, especially not for the results and evaluations of the veterinarians. Therefore, all horses are sold as inspected and tested by the buyer, excluding any liability for material defects.

F. Removal and Transition of Liability
Liability passes on to the purchaser when the lot is knocked down. This is also the time the ownership changes, even though the horse may remain in the custody of the auctioneers for the moment. This is also valid if the seller still reserves the right of ownership.
The Hanoverian Association is entitled to accept any 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.

G. Alterations of Arrangements
The Hanoverian Association reserves the right to alter the arrangements.
In case of doubt the German version as well as of the Condition of Sales will be taken.