87. Elite Auktion

87. VHA ’17 I 157

erms

& C

onditions

the

uction

oals

A. Sale on Commission

The Oldenburger Pferde-Vermarktungs GmbH, Gra-

fenhorststraße 5, 49377 Vechta, is the organizer of the

auction and sells the foals listed in the catalogue in its

own name and on account of the vendor (commission

business). Place of performance and jurisdiction:

49377 Vechta.

B. Auction

The auction takes place as a public auction and is

executed by a publicly appointed and sworn aucti-

oneer. Tickets for the auction can by purchased by the

public.

German regulations governing the sale of consumer

goods (§ 474 ff. German Civil Code) do not apply if the

buyer of the foal is a consumer in the sense of § 13 of

the German Civil Code. In this case, the provisions sta-

ted under section E., No. 2 to 7 in these Terms and

Conditions do not apply. The statutory provisions for

the purchase of consumer goods corresponding to the

provision under E., No. II of these Terms and Condi-

tions shall apply instead of the provisions stated under

section E., No. 2 to 7.

Bids for foals are made in Euro. Only higher bids of at

least 250.00 Euros will be accepted. In case any doubt

should arise as to validity of the knock-down, the offer

for sale can be taken up again and continued. A claim

of doubt regarding the validity of the knock-down must

be announced at the latest by the final knock-down of

the last foal in the auction. However, only bidders, the

auctioneer or the auction management may announce

doubts. In case of dispute, a committee consisting of

the Managing Director and one Member of the Board

of the Oldenburger Pferde-Vermarktungs GmbH as

well as the auctioneer will decide. The decision to

annul the knock-down must be unanimous. If the

buyer does not sign the purchase note or makes

known during the auction that he will not take the foal,

the foal can be put up for auction again at the discreti-

on of the committee. The first buyer is liable to the Ol-

denburger Pferde-Vermarktungs GmbH and to the

vendor for any possible shortfall in price.

C. Settlement and Payment

The Oldenburger Pferde-Vermarktungs GmbH char-

ges a commission fee for its activity as a commission

agent which will be calculated according to the

knock-down price along with expenses and taxes.

Payment is due immediately after knock-down and is

to be paid in cash, by check or credit card in the auc-

tion office. Expenses and interest resulting from cas-

hing a check or the use of a credit card must be paid

by the buyer. Payment by check is only deemed effec-

ted when the amount has been credited to the ac-

count of the Oldenburger Pferde-Vermarktungs GmbH.

The Oldenburger Pferde-Vermarktungs GmbH reser-

ves the right to make other arrangements with buyers

that assure payment of the purchase price.

The account will be settled as follows:

Knock-down price

+ 6 % commission fee

+ 1.44 % insurance

(including 19% insurance tax)

= Net price

+ Value Added Tax according to § 12 (section 1) UstG

(19 %) of German tax laws

= Settled price

All auction foals are insured by the commission agent

(for further information see the information on in-

surance service in this catalogue). The insurance po-

licy for the foal becomes the property of the new ow-

ner as legal successor. The insurance premium is

settled with the auction statement. According to § 449

of the German Civil Code, the foals remain the property

of the vendors until full payment has been effected.

The Oldenburger Pferde-Vermarktungs GmbH is au-

thorized to receive payment and, if necessary, to sue

the buyer for payment of the purchase price and any

services rendered.

D. State of the Foals

The state of the foals is established in regard to age,

color, pedigree, sex and, if applicable, special perfor-

mances of the family as well as the horse’s freedom

from defects unless the existence of defects is an-

nounced by the auctioneer. If there is a photograph

and/or brief description in the auction catalogue, this

information is based on first impressions of the foal at

the time the catalogue was printed and does not con-

stitute an assurance by the organizer or vendor regar-

ding special capabilities of the foal. Health problems

at the time of the auction and any essential changes in

the descriptions of the foal in the catalogue will be

announced by the auctioneer. The Oldenburger Pfer-

de-Vermarktungs GmbH does not determine any other

characteristics regarding the state of the foal and no

other characteristics are subject of the contract.

E. Liability of the Oldenburger Pferde-Vermarktungs

GmbH

If the buyer does not fall under the ruling of E II below,

liability towards the buyer will be governed as follows:

All claims arising from defects are to be directed to

the Oldenburger Pferde-Vermarktungs GmbH which,

as commission agent, will handle claims for the ven-

dor (consignor). The Oldenburger Pferde-Vermark-

tungs GmbH will assume liability for defects in regard

to the characteristics established under section D

above with the following restrictions:

1) In view of the fact that it is impossible to replace

individual living things, a claim for later fulfillment by

replacement is excluded. Remedy of defects is limited

insofar to an expert opinion that is binding for both

parties issued by the Veterinary Clinic Telgte which

states that recovery is not to be expected within six

months of treatment. In case of remedy, the Oldenbur-

ger Pferde-Vermarktungs GmbH may stipulate

whether the foal must be returned to Vechta or the

vendor at the cost of the Oldenburger Pferde-Ver-

marktungs GmbH or will be left with the buyer for re-

medy.

2) Claims for reduction of the purchase price are

excluded.

3) Claims to withdraw from the contract: In case of

considerable deviations from the contractually estab-

lished characteristics of the foal at the time of the

transfer of risk, the Oldenburger Pferde-Vermarktungs

GmbH will assume liability for taking back the foal and

returning the purchase price.

4) Claims for damages: Claims for damage are limited

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 veteri-

nary examination, expenses for a farrier and any

necessary expenses for veterinary treatment in case

of illness of injury. The Oldenburger Pferde-Vermark-

tungs GmbH will not be liable for further costs and

expenses, replacement, damage to property and

especially not for costs for training/exercising.

5) The Oldenburger Pferde-Vermarktungs GmbH and

the vendor are only liable for the stated established

characteristics. The Oldenburger Pferde-Vermark-

tungs GmbH will not assume liability for the accuracy

of the findings and diagnoses of the veterinarians who

have examined the foals prior to the auction. Foals are

sold as seen on the day of the auction.

6) Statutory period: All claims filed by buyers who are

not consumers within the meaning of the German law

arising from liability for defects expire by limitation

within three months after the transfer of risk.

II.

Liability towards the buyer if he is a consumer within

the meaning of § 13 of the German Civil Code and buys

a new good will be governed as follows:

1) For consumers as buyers of something new, e.g. a

six-month-old foal, the following applies in deviation to

the provisions stated above under E No. 2 to 7:

Legal claims for defects are valid.

Claims filed by the buyer for damages according to §

437, section 3 of the German Civil Code (claim for da-

mages instead of performance and claim for compen-

sation of expenses) are excluded.

2) Claims filed by the consumer as the buyer of a new

good expire by limitation two years after the transfer

of risk.

F. No exclusion of liability

Claims filed by the buyer towards the vendor are not

excluded if liability is based on culpable injury of life,

body or health; defects the presence of which were

fraudulently concealed or the absence of which was

guaranteed by the vendor; gross negligence on the

part of the vendor, his legal representatives or vicari-

ous agents; gross conduct by the vendor.

G. Veterinary examination

The foals presented for sale have been clinically exa-

mined by the veterinarians of the vendor and by the

auction veterinarian, Dr. Steinmann, Mühlen (Tel.: +49

(0)5492/1394 or mobile +49 (0)171/6040441). The scope

of the respective examination and findings are docu-

mented in a health certificate that is available in the

auction office. Examinations by veterinarians, their

findings and evaluations are independent services

provided by these veterinarians. They are not charac-

teristics of the foal or contractual assurances given by

the Oldenburger Pferde-Vermarktungs GmbH or the

vendor.

H. Taking delivery and transfer of risk

In the case of foals, the risk passes to the buyer when

the buyer takes delivery of the foal. The foal must be

delivered by the buyer at the latest six months after

the birth of the foal with an acceptance examination at

the Oldenburger Pferde Zentrum Vechta supervised by

the auction board. At delivery, a delivery report must

be signed by the vendor (or his authorized representa-

tive) as well as the buyer (or his authorized represen-

tative) and sent to Oldenburger Pferde-Vermarktungs

GmbH. In agreement with the vendor, the buyer may

take delivery of the foal at an earlier date. Until deli-

very of the foal is taken, the vendor bears the risk and

the costs for keeping the foal, including expenses for

veterinarians and farriers. The date for taking delivery

is to be agreed upon between the vendor and the

buyer. If the buyer is in arrears in taking delivery of the

foal, the risk of coincidental depreciation or loss of the

foal passes to the buyer as well as expenses for

keeping the foal, including veterinary and farrier

costs.

A foal, handed over to buyers by the vendor before the

knock-down price has been paid in full, is at the risk of

the vendor.

I. Ineffectiveness of a provision

Should individual provisions or parts of provisions be-

come void, the effectiveness of the remaining provisi-

ons is not affected. In case of ineffectiveness, the un-

lawful or ineffective provision shall be replaced by a

provision that comes as close as possible to the pur-

pose of the contract.

J. Priority to the German version

These Terms and Conditions are stated in German and

an English translation is given. In case of discrepan-

cies, the German version is the only valid version;

when interpreting, the German version is the authori-

tative version for the interpretation of the English ver-

sion.

As per April 2017/F

Insurance service

As of knock-down, all of the foals purchased at

this auction are insured with

Vereinigten 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 foal is insured until 8 weeks after

the auction or at least until the foal is 6 months of

age with the following coverage:

• 80 % indemnity for death or putting down in an

emergency due to illness or accident.

• 80 % indemnity for permanent unfitness for use

due to illness or accident

Any transport within the insured period (land, air

or sea transport) until arrival at the first buyer’s

stable is included. The knock-down-price is the

insured amount, however, only up to a maximum

of 50,000 Euros plus costs.

The insurance contract is subject to the German

Insurance Law (AVP TLP 01/2008). The insurance

policy may be extended at the buyer’s cost, either

at the auction office or directly with the insuran-

ce company within the insured period at the ad-

dress given above. There is no waiting period.

Please contact the General Agent for the VTV In-

surance Company:

Mr. Heiko Meinen

Deichweg 26, D-26689 Apen

Tel. +49 (0) 44 89 - 94 04 90

Fax +49 (0) 44 89 - 94 04 91

During the auction, Mr. Meinen can be reached

by calling

+49 (0)172 - 5 49 16 10.