Top-Event-Horse-Auction | CONDITIONS OF SALE
The following conditions are valid with regard to the legal relationship between the buyer and the seller/auction organizer.
a.) The auction is organized and conducted by Elmar Lesch the managing director and representative of the Top Eventers GmbH, Am Sieleitz 1, 21401 Bavendorf. Top Eventers GmbH sells the horses presented in the auction catalogue in the name of and for the account of the owners.
b) The auction is carried out by a publicly appointed and inaugurated auctioneer and takes place according to i.S.v. § 474 Abs. 1 Satz 2 BGB. The auctioneer offers the horses for sale and accepts the bids.
The auction is open to all those who buy an entry ticket, as long as they remain available.
The contract of sale between the bidder as buyer and owner of the horse comes about due to the acceptance of the bid by the publicly appointed and inaugurated auctioneer.
The Top-Eventers GmbH reserves the right to make the decision as to whether the horses will be presented during the auction either on the hand or ridden.
2.1 The order in which the horses are sold is determined by the auction management. As a rule the auction management will use the order which is previously set down in the catalogue. However for a justified reason the auction management has the right to change the order of the auction horses to be sold. If changes are made it must be announced in writing in the auction office at least 2 hours before the auction. The auction management has the sole right to make this decision.
The bids will be called in Euro.
The reserve will be set at 8000 Euro.
The auctioneer will decide on the bidding increments and deviating lowest bids.
The knockdown price is considered a net price.
4. Purchase Note
Once the bid has been accepted the buyer is bound to sign a purchase note which contains the object of purchase, the price bid and the name of the buyer. If the purchaser refuses to sign the note or indicates after signing that he will not pay for or accept the horse, the inaugurated auctioneer has the right, at his discretion to reoffer the horse for auction. The first buyer will be liable for the consequences of his non acceptance of the contract of purchase.
5. The Validity of The Knock Down
If there is any doubt as to the validity of the knock down, the auctioneer and the auction organizer/Top Eventers must be informed immediately or before the start of the bidding on the final horse of the day at the latest. The auctioneer will decide if the knock down in question should be declared invalid and the horse reoffered for bidding.
6. Transfer of Risk
Once the auctioneer has accepted the bid the liability for the horse bought is transferred to the buyer.
7. Transfer of Ownership
a) Ownership will be transferred once the price has been paid in full. Until the price has been paid in full the horse remains the property of the seller.
The horse remains in the custody of the owner or Top Eventers GmbH at the expense and liability of the buyer until the full price has been paid.
b) The buyer indemnifies Top Eventers GmbH, the auctioneer and the owner from all liability claims by third parties. The possibility of Top Eventers GmbH/the seller, the auctioneer and or the owner being liable is ruled out. This however does not apply to damage to life, limb or health caused by a grossly negligent breach of duty by the seller, or his legal representative or his agent. The liability disclaimer is also not valid for other damage caused by a grossly negligent breach of duty by the seller, or his legal representative or his agent.
8. Settlement Price
The settlement price is made up of the accepted bid plus legal VAT, which varies according to the status of the seller, 0% (private sale), 10,7% (farmer) und 19% (business) as well as 6% buyer charges based on the accepted bid plus the VAT due on the commission charges. The amount of VAT due will be listed in the auction catalogue for each of the auction aspirants with the names of the respective owners.
Knock down price plus 0 %, 10,7 % oder 19 % individual exhibitor´s tax rate (as published in the catalogue)
Knock down price 0 % 10,7 % 19 %
10.000,00 € 10.000,00 € 10.000,00 €
plus 0 %, 10,7 %,19 % ind. exhibitor´s tax rate 0 ,00 € 1.070 00 € 1.900,00 €
plus 6 % auction fee 600,00 € 600,00 € 600,00 €
plus 19% VAT 114,00 € 114,00 € 114,00 €
final balance amount 10.714,00 € 11.784,00 € 12.614,00 €
There is an extra charge of 150 Euro plus 19% VAT to cover additional processing, certificates
and export processing on all sales that are to be shipped abroad.
On the day of the auction the buyer will also be given the opportunity to insure the newly acquired eventer. A representative from the Insurance Brokerage Company, Bahlmann-Konzept in Salzhausen will be present and will be happy to give advice on insurance for sporthorses/eventer .
The insurance company, Xcellent Horse Insurance, also offers for a premium of 3,9% of the accept bid + 19% insurance tax + 10€, a year’s insurance cover starting on the day of the auction and including the following: 100% indemnity on death or euthanasia (including theft and OP up to 2500€) caused by: illness, accident, injury, fire, lightening, natural disaster and transport in W. Europe. 90% indemnity for lasting unusability as a result of accident.
During the insurance period the horse is also insured for the price paid at auction for all transport in W. Europe. If not otherwise agreed with the organizer, the buyer must pay, directly after the bid is accepted , the total price in cash or with a guaranteed bank cheque in the Auction office,. Any charges or interest incurred with regard to the payment by cheque are to be carried by the buyer.
9. Characteristics Agreement
The characteristics of the auction horses are agreed on, as presented in the auction catalogue, this includes breeding information, gender, colour, year of birth and achievements so far.
If, in addition to this information the auction catalogue contains visual images and short written commentaries, these do not make up part of the qcharacteristics agreement. The information supplied is not a declaration of intent but a declaration of current knowledge meaning only a subjective opinion. This also applies to information on the potential of a horse for possible future use in eventing. The information supplied does not form an agreement on the abilities of the animals.
In preparation for the auction the owners have arranged for the horses to be put through a veterinary check including x-rays. The x-ray check is in the form of a standard x-ray check and includes both front hooves at 90°, front pasterns both sides, both back hooves at 90°, both hocks at 45° and 115° and both knees at 110°.The owners have also arranged for a report containing the results of the check to be written by the vet responsible and this report has been forwarded to Top Eventers GmbH team of veterinary experts for evaluation. This team has also produced a report on their analysis of the x-ray images. This report, the x-ray images and the report on the clinical tests are available in the auction office and can be viewed by any person who is interested or by a vet designated by the fore said persons. The objective data/results of the clinical test reports and objective results to be seen on the x-ray images are also part of the characteristic agreement.
Further evaluation, classification and/or prognosis contained in the veterinary report are not part of the agreement but rather a subjective opinion expressed by the writer of the report.
The Top Eventers GmbH would like to point out that it is possible to have further examinations done which go beyond the extent of the veterinary examinations as recorded in the report; however these can only be carried out before the auction starts with prior agreement from the auction organizers and at the expense of the interested buyer.
For all aspects of the horses which have not been examined, as proven by the reports which can be viewed in the auction office, is an incalculable, unknown and therefore a questionable physical condition agreed upon.
If the Top Eventers GmbH learn of current health problems or considerable changes to the description printed in the catalogue and objective veterinary findings, it will be either announced during the auction by the auctioneer or the Top Eventers GmbH will hang a written notice in the auction office. Therefore potential bidders are advised to check the veterinary reports for updates and where necessary ask the auction office for last minute updates. The auction vet looks after the auction horses during their preparation for the auction and also on site at the auction; he is released from his confidentiality clause with respect to interested buyers and their veterinary advisors. This means he will be available for questioning in the veterinary office during the official viewing times and during the auction.
10. Object of Use
All auction horses have been used to the extent that they have been trained to be led wearing a head collar, to be loaded and transported, they have been either branded or chipped, have been through a veterinary check and are inoculated. All further use e.g. for breeding or riding purposes, competing at horse shows is described in the catalogue.
11. Warranty Rights/Liability Disclaimer
a) Insofar as in the above (para. 9) no characteristics have been agreed upon, the sale of the horses takes place excluding any warranty rights and liability for defects. This however does not apply to damage to life, limb or health caused by a grossly negligent breach of duty by the seller, his legal representative or his agent. The liability disclaimer is also not valid for other damage caused by a grossly negligent breach of duty by the seller, or his legal representative or his agent.
Deadline for reporting defects
b)The buyer is bound to inform Top Eventers GmbH in writing of any defects found within 4 weeks. Significant for the safeguarding of the deadline is the receipt of notification by Top Eventers GmbH.
Priority for the rectification of defects or replacement
c) If warranty rights and/or material damages claims exist, the seller is entitled according to the choice of the buyer to offer remedy or replacement. The buyer agrees, in the case of a suitable and acceptable remedy not being found, that he would accept a replacement.
Liability for material defects
d) If it is not possible to carry out fulfillment or the required subsequent fulfillment is not acceptable, Top Eventers GmbH is responsible for reversing the contract by reimbursing the total price paid plus payment for necessary costs for feed and livery, necessary farrier costs and charges for necessary veterinary treatment. Any claims for the return or compensation for use or deterioration of the horse made by Top Eventers GmbH shall remain unaffected by this provision.
Monthly feed and livery costs up to the value of 180 EUR are allowed. If it is not possible for the buyer to provided feed and livery for this amount, the seller declares he is prepared to provide feed and livery for this price for the time taken for the dispute to be solved. The buyer is bound to accept this offer. Claims for reduction are excluded.
e) All warranty rights and/or material damages claims are invalid after a 3 month period starting with the transfer of risk. The shortening of the period of limitation will not apply in so far as the Top Eventers GmbH or its legal representatives or its agents are liable as a result of at least grossly negligent breach of duty for damages from injury to life, limb or health or Top-Eventers GmbH or its legal representatives or its agents are liable for other damages as a result of at least grossly negligent breach of duty.
If the acquired horse remains in the care of Top-Eventers GmbH or the owners, the buyer signs a livery contract with Top Eventers GmbH or the owners for stabling in accordance with the terms and conditions. The costs are to be paid directly to the Top Eventers GmbH or the owner. Once the bid has been accepted the liability transfers to the buyer even though the horse remains in the care of either Top Eventers GmbH or the owner. The horses will be handed over with a head collar, leading rope and blanket and must be taken over by the buyer as soon as possible after the end of the auction or by 12:00 at the latest the day after the auction. From this time on the buyers are responsible for the cost of stabling. The buyer is liable to pay the livery cost of €25 + VAT per day plus any additional costs caused by the horse.
No horse may be moved from the venue of the auction before payment of the total price has been paid to Top Eventers GmbH. Transportation can only take place on the presentation of the receipt of payment as issued by top Eventers GmbH. If a party uses for transport or loading the organizer or owner, this happens at their own risk and without liability. This doesn’t apply to personal damage caused by negligence and other damage caused by gross negligence.
The buyer will have the opportunity on the day of the auction of insuring his newly acquired horse. An employee of the Insurance Brokerage Company Bahlmann-Konzept from Salzhausen will be present at the auction and if wished supply information on sport horse insurance.
The insurance company, Xcellent Horse Insurance, also offers for a premium of 3,9% of the accept bid + 19% insurance tax + 10€, a year’s insurance cover starting on the day of the auction and including the following:
100% indemnity on death or euthanasia (including theft and OP up to 2500€)caused by: illness, accident, injury, fire, lightening, natural disaster and transport in W. Europe. 90% indemnity for lasting unusability as a result of accident.
During the insurance period the horse is also insured for the price paid at auction for all transport in W. Europe.
15. Inclusion of the Conditions of Sale
The Conditions of Sale will be printed in every auction catalogue. They will also hang publicly in the auction office and notice of this will be given at every point of payment.
16. Place of Performance/Fulfillment
The place of performance for all services in the sales contracts and at the auction is Thomasburg/OT Bavendorf.
If the buyer is a dealer the agreed place of fulfillment and jurisdiction is Thomasburg/OT Bavendorf .
17. The Application of the Law
Any possible judicial or extra judicial disputes about mutual claims involving the contract or the auction shall be exclusively governed by German law according to ZPO and the GVG as well as the German material law according to BGB and HGB.
18. Precedence of the German Version
The Sales Conditions will be available in both German and English. In the case of deviations or contradictions only the German version is valid. The German version has precedence in all questions of interpretation and is also to be used in interpreting the English version.
19. Severance Clause
Should individual terms of this agreement be ineffective or lose their effectiveness the legal effectiveness of the other provisions is not affected.