Conditions of sale

Auction Conditions

A. General Provisions       

1. The auction of the offered horses takes place according to these action conditions. The Pferdezuchtverband Baden-Württemberg e.V., Am Dolderbach 11, 72532 Gomadingen-Marbach, is the organizer of the auction, which sells the horses described in the catalogue on its own behalf on account of the vendor (commission business). The auction is a public auction in terms of Sec. 474 para. 1 clause 2 BGB (German Civil Code), in which the horses are sold as used items in the legal sense. The provisions for the sale of consumer goods (~ Sec. 474 et seq. BGB (German Civil Code)) shall not apply. If permitted by law, Gomadingen-Marbach shall be the place of fulfillment and shall be relevant for the place of jurisdiction.

2. The organizer’s liability shall be limited to the following characteristics:

a)       Pedigree according to the information in the catalogue,

b)       Sex,

c)       Color,

d)       Year of birth.

Descriptions given in the catalogue or during the course of the auction in regard to the traits or the suitability of the horse are not part of the quality agreement, but are only personal impressions of the auction team and the organizer. This applies accordingly for reports by the auction veterinarian. His information shall serve to inform the potential buyer, however, does not determine the quality of the horse. Beyond the described quality features, the sale of the horses occurs without any warranty or guarantee for material defects. The limitation period is twelve months for consumers, three months for business men as of the date of the knock-down. The limitations of liability shall not apply to the organizer’s liability for bodily damage and such claims, which are based on intention or gross negligence of the organizer or its vicarious agents. Furthermore, the organizer is exclusively liable for the orderly execution of the auction according to these conditions. In addition, the organizer’s and its vicarious agents’ liability is limited to intention and gross negligence, even if it is responsible for a failure in the vicarious agents’ selection procedure.

B. Auction

1. The horses will be offered for sale in Euro. Only bids of at least EUR 200.00 will be accepted. The horses will be sold to the highest bidder, who is bound to his bidding. If it becomes apparent after the award of the knock-down that there was more than one highest bidding, the knock-down will be taken back and the auction of the horse can be continued.

2. Objections against the validity of the knock-down have to be asserted vis-à-vis the auction management immediately. The organizer decides in accordance with the auctioneer about the objections. It is entitled to put the horse up for auction again, even if the purchase note has already been signed. If the highest bidder does not sign the purchase note or declares that he is not willing to take the horse, the auction management can put the horse up for auction again. The first buyer is liable to the organizer for any possible reduction in price. 

3. The knock-down price is a net price. The buyer has to pay an additional 6% in commission plus 7% value-added tax (VAT).

The invoice amount/purchase price is calculated as follows:

Knock-down price

+ 7% VAT

+ 6 % commission fee

   + 19 % VAT (from commission fee)

= purchase price

+ 1 % insurance premium

= total purchase price/ invoice amount

4. With the knock-down the risk transfers to the buyer, however, the ownership only transfers to the buyer after the complete payment of the invoice amount. The payment is immediately due either in cash or by check in the auctioneer’s office. Foreign purchasers, who do not pay the invoice amount in cash, will have to deposit a security prior to the knock-down.

C. Information about the state of health

All horses available for auction have been examined clinically and with x-rays by a veterinarian prior to their delivery for the auction. A report was compiled about the examination results.

The x-rays and assessments of the findings are available for review for potential buyers. They do not constitute a quality feature. The auction veterinarian is not a vicarious agent of the organizer; he merely provides information in the interest of the potential buyer. The latter is entitled to have a veterinarian of his trust review the veterinary documents.

D. Other provisions

1. No horse may be removed from the auction premises before payment has been settled. Horses may get ready for transport only after showing a certificate issued by the auctioneer’s office. Horses will be handed over with head collar and rope. Board is given on account of the purchaser from the time of knocking down.

2. After the riding horses, the young stallions which have been presented for licensing will be put up for auction. The conditions of sale mentioned above shall apply for those accordingly, with the provision that the organizer in addition to the quality features listed in Section A is also liable for the suitability of the stallion for breeding purposes (fertilizing potential).

3. If one or more of the above provisions should be or become invalid as a whole or in part, the validity of the other provisions shall not be affected. An invalid provision shall be substituted by a valid provision whose content comes closest to the content of the invalid provision.