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General conditions:
1. These conditions of auction apply primarily to the relationship between Auction4horses and the bidder/purchaser. By bidder/purchase is also meant any legal successor/procurer.
2. Auction4horses is a trade name of Performance Plus B.V.
3. Participation in the auction will be seen as acceptance of the conditions of auction, with the exception of contingent conditions to be handled by the participant him/herself.
4. (Prospective) Buyers must register with Auction4horses before the start of the Auction and must present proper proof of their identity, in default whereof they will not be allowed to participate in the auction
5. (Prospective) Buyers must submit proof of their creditworthiness to auction4horses upon auction4horses’s first request and to Auction4horses’s satisfaction, in default whereof Auction4horses may refuse them to participate in the Auction.
The auction:
6. The horses will be sold outright, without proceedings or recompense, in the state in which they were allotted.
7. Auction4horses retains the right to deny participation by persons as bidder/purchasers.
8. Bidder/purchasers are expected to be fully commercially competent and to be in full possession of their mental faculties. Each bidder/purchaser is expected to have bid for him/herself and will be held to his/her bid until a higher bid has been definitely accepted. A bidder/purchaser is, along with his/her eventual principal, fully responsible for non-fulfilment of his/her obligations.
9. If more than one persons state that they make or have made a bid jointly, they will be jointly and severally liable for any obligations arising there from.
10. The second highest bidder is obliged to honour his bid in the event that the highest bid is declared
invalid or cannot be honoured, for instance because the highest bidder does not or not fully fulfil his obligations, or because the agreement with the highest bidder cannot be concluded for other reasons.
11. Registered horses will be, at bidding, sold, in the case where still no bids are made, the horse will remain unsold.
12. Risks concerning the horses by which is meant among other things, yet not limited to, damage to and damages caused by horses, are transferred immediately from the vendor to the bidder/purchaser at the moment allotted. As long as Auction4horses has not received full payment from the bidder/purchaser, the vendor remains owner of the horse.
13. Immediately after allotment, the bidder/purchaser shall, on production of identification, sign a written agreement of sale. If the agreement of sale is not immediately offered for signing to the bidder/purchaser, then he/she must, directly after the auction, report to the Auction4horses organisation.
Information:
14. Auction4horses has strived to compile the information on the website as accurately as possible. Pedigree information aims to give an impression of the quality of the horses without pretending to be exhaustive and therefore gives no guarantees.
15. A duplicate of the veterinary report as well as X-rays can be seen, on request, five days before the auction and on the days of the auction itself. The contents of the veterinary report, the X-rays and any other possible veterinary communications by the veterinary surgeon as appointed by Auction4horses, is binding for Auction4horses and the bidder/purchaser.
16. The bidder/purchasers are obliged, if requested by Auction4horses, to supply information concerning the adequacy of their financial circumstances, in which case they must show documentation proving the substance of their finances to Auction4horses. By registering on the Website of Auction4horses, the bidder/purchasers authorize Auction4horses in the obtaining of information concerning their financial circumstances from third parties.
Registration, costs and payment:
17. The bidder/purchaser must make payment to Auction4horses directly after the auction, that is; the purchase price augmented by 6 % VAT on the purchase price (excluding VAT) in euros, without any discount or deduction.. For bidders/purchasers from abroad the way of payment must be approved by Auction4horses.
18. In the event where the bidder/purchaser is deficient herein, Auction4horses has the right to immediately re-auction the horse, whereby the bid of the original bidder/purchaser may no longer be accepted. The original bidder/purchaser will be obliged to pay the difference between his/her bid and the final, lower purchase price, as well as the re-auctioning costs, to Auction4horses. The bidder/purchaser will have no claims in the case where there is a higher purchase price after the re-auction.
19. Only with permission obtained from Auction4horses prior to the auction has a bidder/purchaser the right to pay with a transfer account whereby he/she must transfer payment within 5 days after the auction to the bank account number of Auction4horses. Auction4horses will, in such cases, oblige the bidder/purchaser to have the horse insured, which will take effect immediately and will be at the cost of the bidder/purchaser, with Hippozorg Paardenverzekering B.V. This insurance must be for a period of 10 days with a premium of 1.07 % of the purchase price, in the case of damage, the bidder/purchaser will be also charged an annual premium of 4% of the purchase price. Excluded from the insurance are damage caused by castration and in case of a pregnant mare the pregnancy. This short summary of the aforesaid insurance is not considered to be complete thus the bidder/purchaser cannot derive any legal rights from such. The bidder/purchaser can obtain a copy of the conditions of insurance on the days of the auction from the organisation of Auction4horses.
20. Auction4horses also has, amongst other things, the right to withhold the above-mentioned permission in the event that the bidder/purchaser’s financial circumstances, according to Auction4horses’s judgment, by means of bank guarantees or suchlike, do not show, or fall short of, sufficient means. Auction4horses has the right to withdraw its given permission at any time in case doubts arise, in their opinion, as to the financial adequacy of the bidder/purchaser or to the securities that have been supplied by him/her.
21. Payment to any other person other than Auction4horses does not release the vendor or the bidder/purchaser from payment obligations toward Auction4horses.
22. In the event that Auction4horses has not received the payment in full from the bidder/purchaser within 5 days after the auction, the bidder/purchaser is, according to the law, in omission. The bidder/purchaser is then obliged to pay to Auction4horses, as well as his/her other obligations of payment, an indemnity to the sum of 12% (including VAT) of the purchase price (excluding VAT). The total sum that the bidder/purchaser is indebted from his/her obligation of payment will be augmented by an interest of 1.5% per month to be calculated from the time of auction until the time of full payment.
23. If Auction4horses does not receive, from the bidder/purchaser, full payment within 5 days after the auction, Auction4horses has the right, without notification of default, on behalf of the vendor and without his/her permission, to consider the sale as not binding. In such cases, the vendor and bidder/purchaser remain obliged to fulfill all their payment obligations toward Auction4horses as laid out in the conditions of auction as far as these concern an indemnity on behalf of Auction4horses.
24. If a stallion born in 2005 and sold through the auction is approved in conformity with the selection system of the KWPN (hereafter: ‘the approval’) before 1 January 2011 and therefore qualifies for registration in the KWPN studbook, the bidder/buyer shall pay to the seller, on top of the realised auction price, an amount of € 15,000.- exclusive of VAT (hereafter: ‘the bonus’. If a stallion born in 2005 and sold through the auction is approved in conformity with another selection system within Europe than that of the KWPN (hereafter: ‘the approval’) before 1 January 2011 and therefore qualifies for registration in another studbook within Europe than the KWPN, the bidder/buyer shall pay to the seller, on top of the realised auction price, an amount of € 10,000.- exclusive of VAT (hereafter: ‘the bonus’). There is no accumulation of bonuses; only the highest relevant bonus shall be payable.
25. If a stallion born in 2006 or 2007 and sold through the auction is approved in conformity with the selection system of the KWPN (hereafter: ‘the approval’) before 1 January 2012 and therefore qualifies for registration in the KWPN studbook, the bidder/buyer shall pay to the seller, on top of the realised auction price, an amount of € 10,000.- exclusive of VAT (hereafter: ‘the bonus’). If a stallion born in 2006 or 2007 and sold through the auction is approved in conformity with another selection system within Europe than that of the KWPN (hereafter: ‘the approval’) before 1 January 2012 and therefore qualifies for registration in another studbook within Europe than the KWPN, the bidder/buyer shall pay to the seller, on top of the realised auction price, an amount of € 5,000.- exclusive of VAT (hereafter: ‘the bonus’). There is no accumulation of bonuses; only the highest relevant bonus shall be payable.
26. The bidder/buyer shall pay the bonus, the relevant mark-up and VAT within14 days after the approval into Auction4horses’s bank account. If the bidder/buyer fails to comply with this obligatory payment, in full or in part, within the stated period, he shall be legally in default of payment. In that case the bidder/buyer shall not only owe the bonus, but shall also be obliged to pay a compensation to and in behalf of Auction4horses of 24% (including VAT) over the bonus (excluding VAT), to be increased by a monthly interest of 1.5% over the total amount payable.
27. If the bidder/purchaser is in default of fulfilling his/her payment obligations towards Auction4horses, all judicial and extra judicial costs accrued by Auction4horses by these circumstances will be charged to the bidder/purchaser with a minimum sum of € 1,000.00 including VAT.
Selection and inspection of horses for the auction:
28. All horses are clinically examined. A copy of the veterinary report, as well as the X-rays (if available), are available for inspection five days before the commencement of the auction.
Delivery and removal of horses:
29. The bidder/purchaser is responsible for the care of the horse immediately after it has been allotted and liable for any damage to the horse, or caused by the horse.
30. The bidder/purchaser must remove, at his/her own cost, the horse from the grounds of the vendors grounds, at a time and date given by the organisation of Auction4horses. If the bidder/purchaser has not removed the horse in good time, he/she is in default in the law. Auction4horses then has the right to have the horse removed and stabled elsewhere, whereby the bidder/ purchaser will be charged for the costs accrued, as considered reasonable in the judgment of Auction4horses. The bidder/purchaser remains responsible for the care of the horse and is liable for damage to the horse or caused by the horse.
31. When, and only when, the bidder/purchaser has fully complied with his/her obligations of payment, under which is meant obligations of payment concerning reimbursement to Auction4horses can the bidder/purchaser take delivery of the horse, whereby he/she will receive the necessary documents. Auction4horses is not obliged to deliver the horse in the event that the bidder/purchaser has not fully complied with his/her payment obligations.
Stall vices and deficiencies:
32. In the event where a bidder/purchaser detects stall vices in the horse purchased, whether crib-biting, weaving or wind-sucking, the bidder/purchaser must, within 7 days after the auction, notify Auction4horses in writing with a description in as much detail as possible of the nature of the stall vice. In such cases, Auction4horses will remove the horse to a location of their choice with the aim to having the horse examined by a veterinary surgeon assigned by them in order to have the stall vice, as described by the bidder/purchaser, examined. The veterinary surgeon’s conclusion of the nature of the stall vice is binding. In the event where, in the judgment of the veterinary surgeon, there is such a stall vice as described by the bidder/purchaser, then the bidder/purchaser has the right to annul the sale
33. In the event that the bidder/purchaser, within the term of 7 days after the auction, does not notify Auction4horses in the manner as mentioned above, of the stall vices in question or other defects, and/or in the event where the above-mentioned veterinary does not establish that there are stall vices or other defects, the bidder/purchaser does not have the right to annul the sale nor make a claim of absence of consensus ad idem.
Annulment and quashing:
34. In the event where the legal sale is annulled or quashed by the bidder/purchaser, the bidder/purchaser will remain bound to all their obligations of payment toward Auction4horses, as mentioned in the conditions of auction, as far as these concern indemnities to Auction4horses. The sale can be annulled or quashed if the valid legal conditions concerned are taken into consideration, insomuch as they do not deviate in law from the conditions of auction.
Liability:
35. Although Auction4horses strives to give the information as accurate and complete as possible, Auction4horses cannot be held liable for the accuracy of the information on the website or information supplied by the organisation.
36. Auction4horses cannot be held liable for the accuracy of the information contained in the veterinary report, the veterinary information supplied at the auction grounds or any information made available during the auction. For these purposes the buyer/purchaser can turn to the veterinarian.
37. Auction4horses cannot be held liable for any damage before, during or after the auction, sustained or perpetrated by any person, goods or horses.
38. Auction4horses will take out an insurance concerning horses or other matters, on behalf of the bidder/purchasers. As bidder/purchasers take part in the auction at their own cost and at their own risk, Auction4horses obliges to take out the insurance as named in sub 19.
39. Auction4horses is not liable for the failings of third parties.
40. Auction4horses is not liable unless in the case of foul play or gross negligence by Auction4horses
41. Anyone who perpetrates damage to goods, or goods used by Auction4horses, are liable for such damage.
42. Bidder/purchasers are liable for any damage they may have perpetrated. Bidder/purchasers indemnify Auction4horses from any liability toward third parties by which is meant other bidder/purchasers or visitors concerning this matter.
Other matters:
43. In the event where, in the business of transferring the auctioned horses to another member state of the European Union, at the request of the bidder/purchaser an invoice is sent with zero VAT, the bidder/purchaser puts him/herself under obligation, in the member state of destination, to fulfill all necessary conditions demanded and in so doing to actualize an intra-community legal transaction.
44. If application of the VAT zero rating tariff, no matter the circumstances, appears to be impossible (subsequently), then the bidder/purchaser, at that time, is still obliged to pay a sum to the amount that would be owed in the case of a domestic delivery of the horse concerned. At the request of Auction4horses the bidder/purchaser is required to pay the aforementioned sum to Auction4horses immediately. Therein the bidder/purchaser is liable for all judicial and extra judicial costs accrued by Auction4horses with a minimum sum of € 1,000.00 (including VAT).
Conversion:
45. In the case where one or more of these conditions of auction are not, or become, no longer lawful, the remaining conditions remain lawful. In such cases, a new lawful condition will come in the place of the no longer lawful condition; in which the new condition will resemble, concerning content, range and aim, as much as possible the old, no longer lawful, condition.
Disputes:
46. If, at allotment, a difference of opinion arises to the question as to whom had made the last bid, or in the event that other difficulties, confusions or disputes arise at the time of bidding and/or allotment, the organisation of Auction4horses is authorized to have final say herein which is binding. In the case where the aforementioned difference of opinion concerns the last bid made, the organisation of Auction4horses is authorized to continue the sale by way of bidding.
47. The legal relationship between Auction4horses and the bidder/purchaser are subject solely to Dutch law, with the complete exclusion of the Vienna Sales Treaty (CISG). Disputes, other than specifically in pursuance of part 44, which are subject to the judgment of the auctioneer, shall be settled exclusively by the qualified judge in Zutphen.
These conditions are a translation from the Dutch language. In the case of dispute only the original Dutch version is binding.
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