1. General Information
ESI Trading GmbH is the organizer of the auction and sells the foals described in the auction catalogue on behalf of the owner/exhibitor as a commission agent.
The foals will be offered for sale in Euro. Bidding will begin at Euro 3000. The highest bidder wins. Only bids of at least Euro 200 will be accepted. In case any doubts should arise as to the validity of the knock down, the offer for sale can be taken up again. Objections should be claimed at once, latest until the last foal of the auction was sold. The organizer’s agent, the auction management and the auctioneer will decide on the validity of the knockdown.
3. Settlement and payment (see page 15 of the catalouge)
The account will be rendered as follows:
plus Exhibitor's salex ax
Auction fee ESI (6 %)
plus 19% VAT
Insurance (2 %)
plus 19 % Insurance VAT
Final balance amount
· for farmers is 10,7 %,
· for commercial horse breeders 19 %,
· for private persons 0 %.
The rates are published for each foal. Payment has to be effected in cash, by check or by direct debit authority to the organizer in the auction office.
Each foal in insured to the amount of the gross price (max. Euro 25.000), covering the risks of death, euthanasia and permanent disability incl. damages of an injury because of ataxia and injuries of the tendons. 80 % will be refunded to the buyer. The insurance coverage starts in the moment of the knock down and ends when the foal will be six months old, latest on December 31st of the legal year.
5. Taking delivery and transfer of risk
In the case of foals, the risk passes to the buyer when the buyer takes delivery of the foal. Delivery of the foal must be taken by the buyer at the latest siy months after teh birth of the foal at the domicile of the vendor. In agreement with the vendor, the buyer may take delivery of the foal at an earlier date: Until delivery of the foal is taken, the vendor bears the risk and the costs for keeping the foal, including exprenses for veterinarians and farriers. The date for taking delivery is to be agreed upon between the vendor and the buyer. If the buyer is in arrears in taking delivery of the foal, the risk of coincidental dprediation or loss of the foal passes at this date to the buyer along with expenses for keeping the foal, ingluding veterinary and farrier costs. Should there be any differences as to the state of health etc. between seller and buyer when the foal is handed over, the Tierklinik Janetzko & Lange, Varrelbusch has to be contactet. The decisions of this Tierklinik Janetzko & Lange, Varrelbusch are obligatory for buyer and seller. The costs of the veterinarian clinic have to be borne by the buyer. A foal handed over to buyers by the vendor before the knock down price has been paid in full is at the risk of the vendor.
Details in the auction catalogue about age, sex, colour and pedigree of the foals are the only characteristics agreed upon in the contract. Material defects, as far as they are known at the time of the auction, shall be announced by the auctioneer. Claims must be directed in writing to the seller and in copy to the organizer. Replacement for the purposes of suplementary perfor mance shall be excluded. Should claims for withdrawal become valid, claims for damages shall be excluded. All damage claims shall be limited to transport costs from the auction stables to the buyer’s stables within Germany and customary costs of stabling and feeding. Claims on account of material defects shall become time-barred within one year after passing of risk for consumers in terms of section 13 of German Civil Code (BGB) and within six months after passing of risk if the buyer is an entrepreneur. Damage claims of the buyer on account of injury to life, body and health shall be excluded from all limitations of liability including the statute of limitation if the seller can be held responsible for the breach of duty; also excluded is the liability for other damages resulting from intentional or grossly negligent breach of duty on the part of the seller, their legal representative or their vicarious agent.
7. Severability clause and Priority
Should certain regulations or parts of the regulations mentioned in this contract become inoperative, the other arrangements of this contract will not be effected. In fact of not being operative, the inoperative regulation should be exchanged against one which comes very close to the contract’s purpose. These general terms and conditions are available in German and English. In case of any objection the German version is exclusively valid; for the interpretation of the English version the interpretation of the German version shall be the authorative version.