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AUCTION/ SALES TERMS AND CONDITION OF EPS GbR |
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A. General
Organizer of the auction and sales week is the EPS GbR -
Garreler Str. 10 - 26197 Sage-Haast, who sells the
ponies listed in the catalog in the sellers’ names and
for their accounts (agency business).The EPS GbR does
not become contract partner of the buyers. The auction
of the foals is a public auction and is performed by the
officially appointed and sworn auctioneer Hannes Harms,
Twistringen.
The ponies to be sold/auctioned are sold as used goods
in a legal sense. Their classification as „used goods“
is justified, in case of the ridden ponies and
broodmares, by their prior training under saddle, being
covered (broodmares) and, in case of the foals, by their
prior training for and their participation at foal shows,
foal branding shows, the transport to and from these
shows, trimming of their hooves and the auction itself.
B. Nature of Goods Agreement
The ponies for sale, who might also be used for food
production, are sold as seen. At the time of transfer of
ownership, they shall have the following quality
characteristics which, at the same time, are subject of
the sales contract:
I. Exterior Characteristics
1. Pedigree as specified in the catalog
The pedigrees in the catalog have been verified by
breeding certificates that will be given to the buyer
after paying the purchase price plus auction/sales fees
for the pony.
2. Sex, color and year of birth as specified in the
catalog
The photos of the ponies published in the catalog, as
well as any comments regarding their potential use for
dressage, jumping, breeding, etc. are not guaranteed
characteristics. They are based on statements made by
the exhibitor and subjective observations made at the
time the catalog was printed. The statements in the
catalog are no guarantees regarding abilities or
suitability for breeding of the relevant pony.
3. Height indications
The heights indicated in the catalog are the heights
that were measured before or at the time of selection
for the sale/auction. Basis and/or proof of the
indicated heights are the height control cards and
entries in the ponies‘ equine passports and/or
statements made by the sellers.
Since the ponies offered at this auction are still young,
there is no guarantee that they will not grow anymore.
This might also mean that a pony might grow over the
maximum size of 148 centimeters. Therefore, the height
indications in the catalog do in no way represent any
kind of guarantee for the final height of a pony!
The organizer cannot be held responsible for any
printing or spelling mistakes!
II. Health Status
The ponies have been clinically examined (foals and
broodmares) and the ridden ponies have also been x-rayed
before they were accepted for the sale/auction. For
broodmares in foal the pregnancy is confirmed by
ultrasound shortly prior to the sale.
The following x-rays were taken:
Foot from the front (90°) and oxspring
Foot from behind (90°)
Hock joint from both sides (45° - 70°, 90° - 115°)
Stifle from both sides (90° - 110°)
The clinical examination has been recorded in a
veterinary examination report. Interested buyers may
view this report in the EPS office. X-rays have not been
assessed. The x-rays as well as the clinical vetting
reports are available for examination by the buyers at
the auction vet’s office during the whole training
period and during the sales/auction weekend. Interested
buyers may have a veterinarian of their choice or the
EPS veterinarian interpret the x-rays.
The organizer is not liable for any interpretations. The
results of all examinations performed are assumed to be
known by the buyers. By placing a bid, the buyer accepts
the results of the clinical exam and the x-rays, as
stated in the veterinarian’s reports.
Before buying, whether during the sales week or
at the auction, interested buyers may have a
veterinarian of their choice perform any kind of
examination on any pony they might be interested in. The
buyer determines the extent of these examinations and is
responsible for all costs, independent of the
examination result.
If the buyer did not wish any further examination of the
purchased pony, both parties agree upon an unknown and
therefore imponderable state of health as contractuarly
provision, as far as the state of health is concerned in
a way that exceeds the extent of the above mentioned
examinations.
The written results in the clinical examination report
as well as the x-rays taken are subject matter of the
sales contract. Any other qualities and statements
regarding performance, show records, health or other
characteristics of the ponies were not determined by the
organizer. Therefore, they are not part of the sales
contract.
The auction veterinarian is present on the auction site
at the day of the auction. Before the auction, the
Tierärztliche Gemeinschaftspraxis Dr. B. und T.
Janetzko, Dr. A. Lange
Garreler Str. 37
49681 Varelbusch
GERMANY
can be called at +49 44 71 - 91 34 34.
C. Scope of Liability
I. The parties agree upon exclusion of
warranties for defect, except for those characteristics
of the ponies described under Lit. B. There is no
exclusion of warranties in case of intent or gross
negligence, or in case of any injury to persons.
II. Claims for damages are excluded.
Necessary disbursements are reimbursed as follows: If
the contract is annulled, the purchase price is
reimbursed. The necessary disbursements for boarding,
farrier and for a first veterinary examination are
reimbursed.
Claims for further reimbursements are excluded,
especially for replacement purchase, training fees,
transport costs abroad, etc.
The seller’s right for set-off with claims amounting to
the value of the buyer’s benefit or the buyer’s possible
benefits is not concerned by this rule.
III. The seller must be noticed of any
claims for warranties for defect within maximally six
weeks after passing of risks. The seller loses all
rights for warranties for defect if he fails to notice
the seller of the defect within the time limit.
This does not apply if the seller is an enterpriser and
the buyer is a private consumer.
D. Delivery and Passing of Risks
I. At knock-down or signing of the
sales contract, which replaces the normal transfer of
ownership, the risk passes to the buyer, even if the
pony remains in the custody of the seller for the time
being. Ownership devolves to the buyer after payment of
the complete purchase price and all auction fees.
Liability of the seller for any kind of damage to a sold
pony is limited to willfulness and gross negligence.
II. The buyer or his agent must take
over the pony immediately after signing the purchase
note/contract.
III. The foals are taken over upon
agreement with the seller and in dependence of the foals‘
age. Foals who are less than five months old at the day
of the auction will return to the breeders‘ barns after
the auction. They can be picked-up when they are at
least five months old. The pick-up date must be agreed
upon by seller and buyer. The buyers are responsible for
picking up the foals. If a buyer leaves a foal in the
seller’s custody after the foal turns six months old,
the buyer is responsible for all incurring costs, such
as boarding, farrier, vet, etc.
The buyer is responsible for organisation of the foal’s
pick-up and transport.
IV. Broodmares that have a foal at foot
who is not sold to the same buyer also return to the
seller’s barn until the foal can be weaned off. If a
broodmare has no foal at foot or the foal is sold to the
same buyer, the same rules apply as for the ridden
ponies.
At signing of the sales contract, which represents the
point of transfer of ownership, the risk involved with
owning the mare passes to the buyer. The right of
ownership of the purchased mare passes to the buyer
after the purchase price has been paid in full, even if
the mare is still in custody of the seller. Liability of
the seller for any kind of damage to a sold mare is
limited to willfulness and gross negligence.
The buyer is responsible for organisation of the mare’s
pick-up and transport.
E. Limitation
All warranty claims become time-barred 8 weeks after the
purchase, except in cases of fraudulent intent.
These limitations do not apply for warranty claims based
upon at least gross negligence.
Please do not bid if you do not wish to accept
these rules!
F. Bidding
Offers for the foals are made in Euro. Only minimum bids
of 100,- Euros will be accepted. In case of more than
one bid at the same time, the auction management shall
decide knock-down which may be determined by lot or
assignment.
On top of the knock-down price (auction of the
foals) OR sales price (ridden ponies and broodmares),
the buyer has to pay the following agent fees (plus VAT)
to the organizer:
Foals: 8.5 %
Broodmares and ridden ponies: 7.5 %
If desired, the buyer can buy life insurance policy for
the pony. The insurance fee is 2 % of the knock-down/sales
price including agent fee and value added tax. In case
of buying a life insurance policy, the buyer authorizes
the organizer to take out the insurance described above
in the name of the buyer and for the buyer's account.
The invoice consists of the following items:
Knock-down price
+ 8.5 % or 7.5% agent fee
+ 19 % VAT
(ONLY on the agent fee, NOT on the knock-down price =
lowest fees anywhere!)
----------------------------------------- = gross amount
+ 2 % insurance fee (if desired)
----------------------------------------- = total
If a pony is to be exported, a fee for handling
of the export arrangements of 100 Euros is to be paid to
the auction team at payment of the purchase price. This
fee goes toward payments made to the state veterinarian,
etc., and will be deducted from the actual amount due.
This payment is waived if the buyer removes the pony/foal
from the auction site right away and organizes the
export himself!
The EPS GbR is authorized to receive payment. All buyers
must pay the valid German value added tax.
G.
If a dispute arises regarding the knock-down price,
which must be announced immediately, bidding may be
resumed again, depending on the decision of the auction
management's representative. This is even permitted if
the purchase note has already been signed.
H.
The purchase price is due immediately after knock-down/signing
of the sales contract. The invoice amount must always be
paid in cash or by (traveller’s)check at the cashier's
desk in the auction office. Ownership is only
transferred to the buyer after payment has been made in
full; in case of a check after it has been credited to
account. A stop payment order is not permitted, even if
the buyer has made a complaint about the pony. The
assertion of a claim to the right to withhold/defense of
set-off is only possible on the basis of an enforceable
legal document/decision.
I.
Ridden ponies and broodmares (as long as they do not
have a foal at foot!) must be picked up on the evening
of the day of purchase/auction until 9:00 p.m.,
otherwise the buyer will be charged for boarding.
The boarding fees are:
Ridden ponies: 20 Euros per day
Mares with foal at foot: 20 Euros per day
Broodmares: 15 Euros per day
Foals that are younger than five months must go back
into the seller’s barn, together with their dams. They
can be picked-up at the seller’s barn when they are at
least five months old. If the foals are picked up after
they are six months old, they stand at the buyer’s cost,
with the height of boarding fees depending on the
agreement with the seller.
The same goes for broodmares with foal at foot, if mare
and foal are sold to different buyers.
If a broodmare is sold with foal at foot, to the same
buyer, the buyer must pick up both immediately after the
auction (until 9 pm on the auction day). Otherwise, the
buyer will be charged according to the above price list.
J.
No pony may be removed from the event premises before
payment has been made. Ponies may only leave the
premises upon presentation of a passing certificate
issued by the auction office.
K.
In case of complaints, the buyer must inform the
organizer in writing, who will then get in touch with
the seller and the insurance company.
L.
The Terms & Conditions of the auction/sales event will
be posted in the event office on the day of the auction.
M.
In case of buyers without permanent residency (private
or business) in Germany or without German citizenship,
the parties agree upon application of German material
and procedural law for execution and carrying out of the
contract. This also applies in case of any legal
disputes. In case both seller and buyer are enterprisers,
both parties agree upon the jurisdiction of the seller’s
place of business.
N.
Should one or more of the provisions above be or become
without effect, the remaining provisions remain
effective..
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