Auction Terms and Conditions Select Sale 2021
1. The European Breeders Trust AG is the organizer of the online and live auction and sells the horses in its own name and to the account of the seller. Purchase contracts are valid exclusively between the seller and the highest bidder. By participating in the auction, no matter whether bids are placed at the event or via internet, the bidder declares his acceptance of the regulations of auction. All information about the auction horses is given to the best of our knowledge. However, the organizer does not take over any responsibility for the correctness and accuracy of the descriptions on the internet (e. g. our websites) or for other information offered. Possible mistakes do not entitle the highest bidder to withdraw from his or her obligation to buy the offered horse and pay the full purchase price, as the buyer had sufficient time to inform himself or herself about the type and condition of the horses.
2. The organizer guarantees that all offered horses comply with the registration criteria of the World Arabian Horse Organisation (WAHO). The costs of the export certificate for the horse in the buyer's country have to be paid by the buyer.
3. Each horse which is offered for sale will have been examined by a veterinarian and received a health certificate. For each mare which is offered ln foal, an ultrasonic examination is made by a veterinarian. The result will be noted in the health certificate. A copy of the health certificate is available prior to the auction. Each horse will obtain the veterinary certificate necessary for the country of destination on the day the horse is handed over. The costs of this certificate as well as the transportation from Aachen, Germany to the specified destination have to be paid by the buyer. A later resorption, dead-born foal or miscarriages do not entitle the buyer to claim for damages, for a reduction of purchase price, or for a repeat covering. The auctioneer and European Breeders Trust AG shall be not responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. All lots to be sold AS IS, WHERE IS.
4. The bid currency is € (Euro).
5.European breeders trust AG is not responsible for ERRORS in bidding. Doubts concerning the validity of the highest bid are to be declared immediately. The bidding can be reopened and continued at the decision of the organizer. This is permissible even if the notice of sale has already been signed. Any disputes occurring during the auction will be decided by the organizer. This decision is binding for all parties and does not entitle to any claims for damages and/or costs. Examples for these disputes are: 2 or more bids are made for the assignment of a horse: misunderstandings concerning allocation of the horse or country customs and conditions, obvious mistakes made by the organizer, technical problems during bidding over the internet/using the controller. The auctioneer has the right at his absolute discretion to refuse any bid. If any dispute arises between 2 or more bidders, the auctioneer may decide the same or immediately put the lot for sale again and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
6. Should the buyer not sign the sale notice (or in case of online-bidding, failure to confirm sale per e-mail), the horse can be auctioned a second time. ln this case, the first buyer will be held responsible for possible loss of proceeds.
7. The sale amount will be charged to the buyer in the auction office as follows: Knock down price additional 5% commission, the price will be increased by VAT (SALES TAX) 19 %. The VAT will be reimbursed to the buyer who: possess a European Union VAT registration number and will confirm the intra-community delivery of the collected horse(s).
- will submit exportation documents, confirming exportation of the purchased horses of the territory of European Union, under the condition, that the costumes export procedure was started in the territory of Germany and will be completed within 3 months from the date of making full payment for the purchased horse(s).
8. With the knock-down, all risks are transferred to the buyer. The right of complaint is out of validity. The horses are sold in the condition in which they are presented at the auction. Possible arising claims are to be made directly to the previous owner offering the horse for auction. The organizer cannot be held responsible under any circumstances whatsoever. The bidder places bids to his own account if he/she does not declare name and address of his client. The change of ownership occurs after complete payment of the sale price only. No claims whatsoever entitle the buyer to retain the sale price or a part of it.
9. From the knock-down onwards, all fees such as delivery, care, possible vets' fees, farrier etc. are charged to the buyer's account. Buyer will be responsible for any costs of stabling and supplies for the horse between this period and delivery. The buyer will be charged for boarding and or other expenses that European breeders trust AG and/or seller may incur.
10. The payment is to be paid after sale in cash, or per bank transfer. The organizer is authorized to receive the payment, and to take action against the buyer for the sale price plus additional fees. The organizer can only be held responsible in case of intent or extreme carelessness. No guarantee for the functionality of the technical equipment.
11. Purchased horses are to be picked up the latest by the 30.10.2021.
No horse will be handed over before the payment has been settled.
12. Transports of purchased horses may be negotiated upon request. All horses will be transported back to their origin stable unless the new owner asked for own transportation after full payment was settled. In this case the horse must be removed from the show stable latest till 12.00 am, 27.09.2021.
13. The organizer reserves the right to change the course of the programme. This includes the right to offer horses for auction together, separately, or not at all.
14. Horses are not insured after knock-down. A life insurance can be negotiated upon request.
15. These terms and conditions, and all lawsuits or actions under it, shall be construed in accordance with and under and pursuant to the laws of Germany, and in any lawsuit or any action that may be brought arising out of, in connection with, or by reason of these terms and conditions, the laws of Germany shall be applicable and shall govern of the law of any forum, without regard to the jurisdiction in which any such lawsuit or action may be instituted. Venue shall be in Kempten Germany, with the prevailing party entitled to recover reasonable attorney’s fees and costs.