A. General
The „Hannoveraner Verband e. V.", Lindhooper Straße 92, D-27283 Verden (Aller) is the organizer of the auction and sells the foals described in the catalogue in its own name on vendor’s account (commission business).
The purchase contracts under this conditions shall be governed by German law. Place of jurisdiction shall be Verden/Aller.
B. The Auction
The auction is a public event, lead by a public appointed and sworn auctioneer. ickets are available for everybody (as long as stocks last).
Since the risk of material defects is unpredictable for animals from birth, the foals will be auctioned off as second hand goods. The regulations of selling consumer goods (§§ 474 ff German Civil Code) cannot be applied.
Provided the buyer is a consumer according to § 13 German Civil Code, the foals will be sold as „new“ and instead of the regulation mentioned under paragraph E, b – h, the regulation as laid down under E, i, will apply.
The foals will be offered for sale in EURO. Bidding will begin at Euro 2.500,00. Only bids of at least Euro 200,00 will be accepted.
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. 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 foal 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 managing director of the “Hannoveraner Verband e. V.”, the auction manager or the auctioneer can decide on all objections. Only unanimous decisions can reverse an accepted bid.
If the buyer does not sign the purchase note or makes known during the auction that he will not take the foal, 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 customers are allowed to pay cash only or in accordance with a prior agreement 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 | |
+ | 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 |
The commission agent (Hanoverian Association) insures all auction foals before. The new owners are the legal successors of each insurance contract after the lot went down. The insurance premium is settled with the auction invoice. According to § 448 BGB (German Civil Code), the horses remain property of the sellers until full payment is effected. The “Hannoveraner Verband 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 all additional fees and expenses.
D. Sales Standards (Characteristics of the offered foals)
The following sales standards describe the necessary characteristics required for all auction foals. These characteristics are subject to buyer’s legal rights. Details about the pedigree, sex, age, colour and – if available – special performances of the ancestors are the only characteristics fixed in this agreement. Photos and/or short statements published in the auction catalogue are only based on first impressions of the foal at the press date of the brochure. Neither the Hanoverian Association nor the exhibitor makes any assurance or evaluation in the sense of a guarantee of special qualities.
Current health problems or considerable changes of the catalogue descriptions will be announced by the auctioneer in the course of the auction.
The Hanoverian Association does not determine any additional characteristics. They are not subject of the contract.
E. Liability
All claims have to be directed to the Hanoverian Association. The Hanoverian Association is the commission agent and will settle all claims on exhibitor’s behalf (principal). The Hanoverian Association assumes the liability for the characteristics as agreed upon before in the sales conditions (section D) and in accordance with the legal regulations, however, with the following restrictions:
a) Claims for later fulfillment or replacement are prohibited. Amendments are restricted to the report of the Veterinarian University in Hanover, stating that the healing of a disease is not to be expected within a period of six months of treatment. This report is binding for both parties.
b) Claims for reduction are prohibited.
c) Claims to withdraw from the contract: If – at the time of transition of liability – the foal’s typical characteristics – as mentioned in the contract – are different from the ones the foal actually has, the Hanoverian Association is liable and has to accept a return of the foal and a repayment of the auction sales price.
d) Claims for refunds: These claims are restricted to transport costs for the transport of the foal from the auction premises to the buyer’s stable (within Germany only), regular costs for boarding and food, veterinary examinations, costs for the farrier and possible costs for necessary veterinary treatments in case of illness or injury. The seller is not liable for additional costs and compensations, replacements or loss of fortune, neither does he accept any training fees.
e) Period of notification: Claims for damages have to be directed to the Hanoverian Association latest within four weeks after transition of liability. The seller has to be informed about the faults “wind cribbing” and “head weaving” immediately, latest within two weeks after transition of liability.
f) The Hanoverian Association and the exhibitor are only liable for the characteristics agreed upon. The foals are sold as inspected on the day of the auction. Should the foal stay with the mare after the acceptance of the bid, it will be considered as being healthy upon transition of liability.
g) The Hanoverian Association is not liable for the medical evidences and diagnoses of the veterinarians who have examined the foals before the auction.
h) Buyer’s claims for material defects are limited to a period of eight weeks following the transition of liability.
i) Different to the regulations mentioned under b – h, the following applies for end users: The legal claims for damages will be valid.
Buyer’s claims for compensation are excluded (compensation with service, compensation instead of service and replacements for expenditure). Exepted from this are buyer’s claims for damages, resulting out of an impairment of life, body or health if the seller is responsible for the breach of duty and the liability for other damages, based on intention or gross negligence of the seller, his legal representative or his vicarious agent.
The claims loose validity two years after transition of liability.
F. Evaluations by the independent veterinarians - No guaranteed constitution
Apart from determining the basic characteristics, the Hanoverian Association sees to it that all foals offered for sale are examined by independent veterinarians prior to the auction. The exact details and the results of these examinations are fixed in a written report.
This written report is at veterinarians’ own responsibility and liability; neither the Hanoverian Association nor the exhibitor assumes any liability for these reports and the corresponding evaluations.
G. Removal and Transition of Liability
The buyer has to collect the foal from the vendor latest six months after date of birth at the exhibitor’s domicile. However, should buyer and exhibitor agree on an earlier date, this is also permitted. The exhibitor bears the risk and the costs until the foal is weaned, including costs for the veterinarian and the farrier. Buyer and exhibitor have to agree on a removal date. At buyer’s special request, the exhibitor is obliged to care for the foal until October 15, 2007, however, at buyer’s risk and liability.
H. Alterations of Arrangements
The Hanoverian Association reserves the right to alter the auction arrangements or the regulations stipulated in this contract. In individual cases, different arrangements between single exhibitors and buyers are permitted. If any term or condition of these auction regulations is null and void or will become null and void, then all other terms and conditions shall remain in full force and effect. In fact of not being operative, the inoperative regulation should be exchanged against one which comes very close to the contract’s purpose.
In case of doubt, the German version of the Conditions of Sale will be valid.
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 150.00 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 | |
+ | 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 |
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“ and „head weaving“ 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.