87. Elite Auktion

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156 I 87. VHA ’17
Terms & Conditions of the Riding Horse Auction
A. Sale on Commission
Oldenburger Pferde-Vermarktungs GmbH, Grafen-
horststraße 5, 49377 Vechta, is the organizer of the
auction and sells the horses described in the cata-
logue under the direction of the auctioneer in its
own name and on account of the vendor (commis-
sion transaction).
Place of performance and venue: 49377 Vechta,
Germany
B. Auction
1) The auction takes place in the form of a public
auction and is executed by a publicly appointed
and sworn auctioneer. Auction tickets can be
purchased by the public. In accordance with Ger-
man law, the horses sold are deemed se-
cond-hand goods. German regulations governing
the sale of consumer goods (§ 474 ff. German Civil
Code) do not apply.
Bids for the horses are made in Euro. Only higher
bids of at least 300.00 Euros will be accepted.
2) In case any doubt should arise as to the validity
of knock-down, the offer for sale can be taken up
again and continued. A claim of doubt regarding
the validity of a knock-down must be raised at the
latest before the final knock-down of the last hor-
se in the auction. Doubt concerning the validity of
a knock-down may only be raised by bidders for
the respective horse, the auctioneer or the organi-
zer of the event. In case of dispute, a committee
consisting of the Managing Director and a mem-
ber of Oldenburger Pferde-Vermarktungs GmbH’s
managing board as well as the auctioneer will
decide. The decision to annul the knock-down
must be unanimous.
3) If the buyer does not sign the purchase note or
makes known during the auction that he will not
take the horse, the horse may be put up for sale
again at the discretion of the commission.
The first buyer is liable to Oldenburger Pferde-Ver-
marktungs GmbH and to the vendor for any possib-
le shortfall in price.
C. Settlement and Payment
Oldenburger Pferde-Vermarktungs GmbH charges
a commission fee for its activity as a commission
agent which is calculated on the basis of the
knock-down price along with expenses and taxes.
Payment is due immediately after knock-down and
is to be paid in cash, by bank confirmed check or
credit card in the auction office. Expenses and in-
terest resulting from cashing a check or the use of
a credit card must be paid by the buyer.
Oldenburger Pferde-Vermarktungs GmbH reser-
ves the right to make other arrangements that as-
sure payment of the purchase price.
The account will be settled as follows:
Knock-down price
+ 6 % commission
= sub-total
+ 1.44 % insurance
(incl. 19 % insurance tax)
= net price
+ Value Added Tax according to § 12 (section 1)
UstG (19 %) of German tax laws
= settlement price
All auction horses are insured by the commission
agent (for further information, see the page on in-
surance in this catalogue). At knock-down, the
respective insurance contract passes to the new
owner as legal successor. The insurance premium
is settled with the auction statement.
According to § 449 of the German Civil Code, the
horse remains the property of the vendor until the
purchase price has been paid in full. Oldenburger
Pferde-Vermarktungs GmbH is authorized to
receive payment and, if necessary, to sue the
buyer for payment of the purchase price as well as
all additional fees and expenses.
D. Properties of the Horses
1) The properties of each horse, which are descri-
bed as age, color, pedigree with three generations
and sex, are stated in the auction catalogue. Sizes
stated are approximate sizes. The sizes given may
differ from the actual size.
2) The brief comments stated in the catalogue are
based on first impressions of the horse in regard to
their presumed talent for dressage, show jumping
or eventing at the time the catalogue was printed.
These comments do not constitute an agreement
on the properties of the horse.
3) Health problems at the time of the auction and
any essential changes in the descriptions of the
horses in the catalogue are recorded in the aucti-
on report or will be announced by the auctioneer
before the auction.
E. Liability of Oldenburger Pferde-Vermarktungs
GmbH
All claims arising from defects are to be directed
to Oldenburger Pferde-Vermarktungs GmbH
which, as commission agent, will handle claims
for the vendor (consignor). In accordance with
legal provisions, Oldenburger Pferde-Vermark-
tungs GmbH will assume liability for the proper-
ties of the horse stated above in section D1 with
the following restrictions:
1) A claim for subsequent fulfillment is excluded.
2) A claim for reduction of the purchase price will
be excluded.
3) Withdrawal from the contract
In the event of major deviations from the contrac-
tually agreed properties at the time of transfer of
risk, Oldenburger Pferde-Vermarktungs GmbH
will be liable for taking the horse back and refun-
ding the purchase price.
4) Claims for damages: Claims for damage are li-
mited to transport costs from the auction stables
to the buyer’s stables within Germany, the normal
expenses for boarding and feed, the costs for the
initial veterinary examination, expenses for a far-
rier and any necessary expenses for veterinary
treatment. Oldenburger Pferde-Vermarktungs
GmbH will not be liable for further costs and ex-
penses, replacement, any damage to property or,
in particular, costs for training/exercising.
5) In the case of consumers within the meaning of
§ 13 of the German Civil Code [BGB], all claims
arising from liability for defects expire by limitati-
on within one year after the transfer of risk. In the
case of sales to buyers who are not consumers
within the meaning of the above said law, all
claims arising from liability for defects expire by
limitation 3 months after the transfer of risk.
6) Oldenburger Pferde-Vermarktungs GmbH and
the vendor are liable solely for the established
properties. Oldenburger Pferde-Vermarktungs
GmbH and the vendor will not be liable for any
characteristics beyond the established proper-
ties. Insofar, the horses are sold as seen on the
day of the auction. In particular, Oldenburger
Pferde-Vermarktungs GmbH will not assume liabi-
lity for the accuracy of the findings and diagnoses
of the veterinarians who have examined the hor-
ses prior to the auction.
F. No exclusion of liability
Claims by the buyer against the vendor are not
ruled out and the statutory period of limitation
also applies instead of the shortened period of li-
mitation if liability is due to a culpable injury to life,
body or health, defects, the existence of which
the vendor fraudulently concealed or the absence
of which he guaranteed, as well as in the case of
wilful or gross negligence on the part of the ven-
dor, his representatives or vicarious agents.
G. Veterinary examination
-no definite agreement on the state of the horses-
The horses for sale have been clinically examined
and X-rayed prior to delivery for the auction.
Twelve X-rays are taken of each horse (front and
back, lateral views of the toes and special views
(Oxspring) of the front feet, hocks from two
angles, approx. 45° and 315° and lateral views of
the knee). A report on the clinical and X-ray exa-
minations is prepared by the veterinarian, Dr. Hol-
ger Steinmann, 49439 Mühlen, phone.: +49
(0)5492-1394 or mobile: +49 (0)171-6040441.
X-rays are jointly assessed by the directly respon-
sible veterinarians, Dr. Holger Steinmann and Dr.
Uwe Stadtbäumer, Telgte, mobile: +49 (0)170-
2287390. The report on the examination prior to
the auction, X-ray findings and the assessment of
the X-rays are kept in the auction office and are
available to all interested buyers, their authorized
agents and veterinarians for examination to make
their own assessment prior to the auction. Exami-
nations by veterinarians, their findings and as-
sessments are independent services provided by
these veterinarians. They are not deemed cha-
racteristics of the state of the horse or contractu-
al assurances given by the Oldenburger Pfer-
de-Vermarktungs GmbH or the vendor and serve
solely as unbinding information for interested
buyers. Buyers are expressly invited to ask both
of the veterinarians named above to explain their
findings concerning each horse. In accordance
with the principles relating to the settlement of
claims in the interest of third parties, claims for
damages that the owner/exhibitor has, resulting
from contracts with the veterinarian, are to be
assigned to the buyer.
H. Taking delivery and transfer of risk
Risk passes to the buyer at transfer of ownership,
even if the vendor remains the conditional owner
for the time being. Horses handed over to buyers
by the vendor before the knock-down price has
been paid is at the risk of the vendor.
I. Ineffectiveness of a provision
Should individual provisions or parts of provisions
become void, this does not affect the effective-
ness of the remaining provisions. In case of inef-
fectiveness, the unlawful or ineffective provision
is to be replaced by a provision that comes as
close as possible to the purpose of the contract.
J. Priority of German version
These Terms and Conditions are stated in German
and an English translation is provided. In case of
any discrepancies, the German version is the only
valid version; when interpreting the English versi-
on, the German version is the authoritative versi-
on.
As per February 2017/R
Insurance service
As of knock-down, all horses purchased at this
auction are insured by:
Vereinigte Tierversicherungs
Gesellschaft a.G. (VTV)
Niedersachsenring 13, D-30163 Hannover
Tel. +49 (0) 5 11 - 67 08 245
Fax +49 (0) 5 11 - 67 08 77245
For 1.44 % (including insurance tax) of the knock-
down price the insurance can be extended for a
period of 8 weeks with the following coverage:
• 80 % indemnification for death or putting
down in an emergency due to illness or an
accident
• 80 % indemnification for permanent unfitness
for use due to illness or accident
Included in insurance coverage is every trans-
port within the insured period (land, air or sea) to
the first buyer’s stables. The knock-down price
is the insured amount, however maximum
100,000 Euros plus costs and Turnover tax.
The insurance contract is based on the German
insurance law AVP TLP 01/2008.
A continuation of the insurance at the cost of the
buyer/owner may be concluded in the auction
office or within the insured period with the abo-
ve given insurance company. New X-rays are
not required and there is no waiting period.
If you are interested, please contact
Mr. Heiko Meinen, VTV General Representative
Deichweg 26, D-26689 Apen
Tel. +49 (0) 44 89 - 94 04 90
Fax +49 (0) 44 89 - 94 04 91
Mr. Meinen will also be present during the auc-
tion and can be reached under the mobile phone
number +49 (0)1 72 - 5 49 16 10.