
A. General
The Hannoveraner Verband e. V., Lindhooper Str. 92, 27283 Verden/Aller is the organiser of this auction and sells the stallions as described in the brochure after licensing in its own name and on the vendor’s accounts (on commission).Place of payment and court of jurisdiction is Verden (Aller).
B. Settlement and payment
The offer for sale is a public event lead by a public appointed and sworn auctioneer and open to anybody interested. The stallions which are auctioned off as second-hand goods according to the spirit of legal terminology due to not being in a ”green” condition because of different conditions of rearing, different veterinary management and different preparation for sports purporses. The conditions of selling consumer goods (§ 474 ff. BGB) cannot be applied in this respect.
The stallions offered are not ridden, they are presented in hand as well as in free-running and free-jumping. According to these presentations the stallions are licensed by the licensing commission and are sold according to these presentations.
The stallions are offered for sale in EUR. The minimum auction sales price is EUR 12,500.00. Bids of at least EUR 300.00 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 when the last horse of the auction was knocked-down. Only the bidder of the horse in question, 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 stallion, the commission can decide to put the stallion up for the auction again. The first purchaser is liable to the vendor for any possible reduction in price.
C. Settlement and payment
Payment is due immediately upon adjudication. Additionally to the purchase price the purchaser owes a commission of 6%, the respective turnover tax plus 1% insurance (plus insurance tax). 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 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 in cash only or in accordance with a prior arrangement or another guarantee of payment, as agreed upon with the Hanoverian Association before.
The Hanoverian Association insures all auction horses before. The insurance contracts pass on 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 (details as in the conditions of insurance printed in this brochure).
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 stallions)
The following description gives detailed information about the necessary characteristics all stallions should have and which are subject to the buyer’s legal rights.
1. Regarded as agreed is the information about pedigree, sex, colour, age and, if available special performances of ancestors, as well as their being free of the defects crip biting, weaving and Boxenlaufen.
2. Characteristics are agreed with regard to being licensed.
3. Agreed as characteristics are the ability to cover and the ability to fertilize of the respective stallion.
4. Regarded as agreed is the health status as documented for each stallion in an examination report issued by two veterinarians. The reports are available to prospective buyers in the practice of the veterinarian Dr. Brunken on the Lindhooper Straße. Each prospective buyer is entitled to view the reports together with his veterinarian.
5. The Hanoverian Association and the seller are liable for the defect roaring as codified in the Kaiserliche Verordnung of 03/27/1899.
6. Current health depairments and important changes of the description in the brochure are announced by the auctioneer and are regarded as known.Further characteristics are neither ascertained by the Hanoverian Association, nor by the veterinarians nor third parties. These are not object of the agreement. Therefore all stallions are sold as inspected by the buyer, excluding any liability for material defects.
E. Liability of the Hanoverian Association
The Hanoverian Association assumes the liability for the equestrian features as agreed upon before in the contract and in accordance with legal regulations with the following exceptions:
1. Any claims for later fulfilments are excluded with regard to each stallion being an individual being and replacement through new delivery being impossible.
2. The claim for reduction is excluded.
3. Reversal of sale The Hanoverian Association is liable if the stallion’s typical characteristics – as mentioned in the contract – are different from the ones the stallion actually has during transition of liability. The price should be reduced slightly if there are little differences only; otherwise the contract can be cancelled.
4. All claims for damages are restricted to refunding costs which arise for transport of the stallion 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 Association is not liable for additional costs, compensations or loss of fortune.
5. Any claims have to be directed to the Hanoverian Association which will settle the claims on the exhibitor’s behalf.
6. All claims (differences in horses’ typical characteristics as mentioned in the contract) have to be directed to the Hanoverian Association by six weeks after transition of liability at the latest. The defects crip biting, weaving and Boxenlaufen have to be announced to the Hanoverian Association by two weeks after transition of liability at the latest. After these deadlines have expired, it is presumed that the horse was without any faults at transition of liability.
7. Faults with regards to the inability to cover mares have to be announced to the Hanoverian Association by April 30th following the auction at the latest. Faults with regards to the inability to fertilize have to be announced to the Hanoverian Association by July 31st following the auction at the latest. For stallions which are used for breeding at the age of four for the first time these deadlines are extended by one full year.
8. All claims for liability for faults lapse after one year after transition of liability for consumers according to § 13 of the BGB. In case of a sale to purchasers who are not consumers according to § 13 of the BGB all claims for liability for faults lapse after eight weeks after handing over the horse.
For stallions who are used for breeding at the age of four for the first time the deadline for the fault of inability to fertilize is extended by one month after the deadline for announcing.
F. No agreement on characteristics – veterinary service
Before the auction the self-employed veterinarians Dr. Blobel and Dr. Brunken are present in the practice of Dr. Brunken. The veterinarians Dr. Blobel and Dr. Brunken are prepared to explain the examination reports and the corresponding x-rays.
Prospective customers are entitled to have the veterinary reports explained by their own veterinarians.
G. 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 Hanoverian Association 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 the buyer’s settlement of obligations. Alternatively, the Association is entitled to transfer all rights to the exhibitor with immediate effect.
H. Alterations of the event and of individual conditions of sale
The Hanoverian Association reserves the right to announce special conditions for individual horses. These will be announced verbally by the auctioneer before the respective horse is put up for auction.
The Hanoverian Association reserves the right to alter the event.
In case of doubt the German version of the Conditions of Sale apply.