Auction Terms and Conditions Horses

1. Organizer and Sales Contract:
   The European Breeders Trust AG (hereinafter referred to as the "Organizer") organizes the online and live auction and sells the horses on behalf and for the account of the seller. Sales contracts are concluded exclusively between the seller and the highest bidder. By participating in the auction, whether in person or online, the bidder agrees to the auction rules. All information regarding the auction horses is provided to the best of the organizer’s knowledge. However, the organizer assumes no liability for the accuracy of the information. Errors or misunderstandings do not entitle the highest bidder to withdraw from the purchase, as sufficient time was given to the buyer to inspect the horse.

2. Registration and Export:
   The organizer guarantees that all offered horses meet the registration criteria of the World Arabian Horse Organization (WAHO). The costs for the export certificate and any applicable export fees to the buyer’s country are the responsibility of the buyer.

3. Veterinary Examination and Health Certificate:
   Each horse will be examined by a veterinarian prior to the auction and will receive a health certificate. For pregnant mares, an ultrasound examination will be performed, and the results will be noted in the health certificate. A copy of the health certificate can be viewed before the auction. On the day of delivery, each horse will receive the necessary veterinary certificates for the destination country. The buyer is responsible for the costs of the certificate and transport to the destination. The organizer assumes no liability for subsequent health issues, such as miscarriages.

4. Currency:
   All bids must be made in Euro (€).

5. Bid Errors and Disputes:
   The organizer is not liable for bid errors. Doubts about the validity of the highest bid must be reported immediately. The organizer reserves the right to reopen and continue the bidding, even if the sales contract has already been signed. Disputes during the auction will be resolved by the organizer. This decision is binding for all parties and cannot be contested. Examples of disputes include: multiple identical bids, misunderstandings regarding the allocation of the horse, or technical issues. The organizer reserves the right to reject bids or relist the horse for sale. The auctioneer’s decision is final and binding.

6. Buyer's Withdrawal:
   If the buyer fails to confirm the purchase (e.g., by not signing the sales contract or retracting the confirmation via email for online bids), the horse may be re-auctioned. The original buyer will be liable for any potential loss in proceeds.

7. Purchase Price, Commission, and Taxes:
   The purchase price consists of the hammer price plus a 9% commission, in addition to the statutory VAT of 19%. The VAT will be refunded to buyers with a valid EU VAT identification number who can provide export documents proving the horse was transported out of the European Union. The export process must be initiated in Germany and completed within three months of full payment.

8. Risk Transfer and Ownership:
   All risks transfer to the buyer at the time of the auction hammer. No claims or objections will be accepted after this point. Horses are sold as presented on the auction day. Any claims must be directed to the previous owner. The organizer cannot be held liable. Ownership of the horse only transfers after full payment of the purchase price.

9. Post-Auction Costs:
   From the time of the auction hammer, the buyer is responsible for all costs incurred, such as transport, stabling, veterinary fees, and farrier services. The buyer is also responsible for the horse’s care and accommodation between the auction hammer and delivery.

10. Payment:
    Payment must be made immediately after the purchase, either in cash or via bank transfer. The organizer is entitled to receive the payment and take legal action against the buyer for the purchase price and any additional costs in case of non-payment. The organizer is only liable for gross negligence or intent.

11. Horse Collection:
    Purchased horses must be collected by no later than October 30, 2024. If the horses are not collected by this date, the buyer will be responsible for any incurred storage and care costs.

12. Delivery:
    Horses will only be delivered after full payment has been made. No horse will be handed over until the purchase price is fully settled.

13. Transport:
    The transport of purchased horses can be arranged upon request. After full payment, horses will be returned to their original stables at the buyer's expense unless the buyer arranges their own transport. In this case, the horse must be collected by no later than 12:00 p.m. on September 30, 2024.

14. Program Changes:
    The organizer reserves the right to change the auction schedule. This includes the right to auction horses together, separately, or not at all.

15. Insurance:
    Horses are not automatically insured after the auction hammer. Life insurance can be arranged upon request through our partner, Jarvis Insurance. Jarvis Insurance representatives will be available on-site to advise buyers on insurance options.

16. Applicable Law and Jurisdiction:
    These auction terms and any resulting claims are governed by German law. The place of jurisdiction is Kempten, Germany. In the event of a legal dispute, the prevailing party is entitled to claim reasonable attorney and court fees.