Conditions of Sale Foals

    through the Holsteiner Verband Vermarktungs- und Auktions GmbH

    These Holsteiner foals have been carefully selected for auction by a panel of experts.

    The following pages provide you with pictures of the foals for auction as well as information about the foals’ breeding, dam line, and owner (VAT rate). Please study the Conditions of Sale to learn about the effect of the consignor’s VAT rate on you as a buyer. Further information in Settlement, Payment and Transition of Property. 

    Foal premiums are not listed since no complete list of results was available yet when the catalogue went to press.

    All information about the foals as stated by the breeders or taken from the breeding records. Most performance results referring to competitions in Germany. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn disclaims any liability for the correctness of the stated information. Errors excepted.

    A. In General

    A. In General

    I. Organizer of the public auction is the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93 - 95, 25336 Elmshorn with a publicly authorized and sworn-in auctioneer put in charge of selling the foals. Exhibitor is the owner of the foal.

    II. The foals described in the catalogue are sold in a public auction in the name and for the account of the exhibitor according to section 383 (1), section 474 (1) BGB (German Civil Code). When a foal is purchased at auction the agreement for sale is between the exhibitor/ seller and the successful bidder/purchaser.

    III. By having a foal admitted to auction, the exhibitor accepts the conditions of sale. By participating in the bidding process, the bidder accepts the conditions of sale.

    B. Auction

    B. Auction 

    I. During the auction the foals will be presented in hand. The prices are called in euros with the minimum starting bid at 3,000 euros. Only increases of at least 100 euros will be accepted.

    II. Any doubt as to the validity of the knock-down has to be asserted at once. At the discretion of the auctioneer in charge, the bidding for a horse can be reopened and continued. This is admissible even if the purchase note has already been signed but must be effected at the latest by the nal fall of the hammer for the last foal. Doubts as to the validity of the knock-down may only be asserted by a person bidding for the foal in question, the auctioneer, or the Holsteiner Verband Vermarktungs- und Auktions GmbH, represented by one of the managing directors. Disputes as to the validity of the knock-down are decided by a commission comprising the auctioneer, a managing director of the Holsteiner Verband Vermarktungs- und Auktions GmbH and the chairman or second chairman of the Verband der Züchter des Holsteiner Pferdes e.V. by simple majority. An immediate assertion of doubt is no prerequisite for a judicial review as to the validity of the knock-down.

    III. In the event that the purchase note is not completed in full or duly signed by the purchaser, bidding for a foal can be reopened according to the auction management’s best judgement. The rst purchaser is liable for any possible de ciency or loss.

    C. Settlement, Payment and Transition of Property

    C. Settlement, Payment and Transition of Property

    I. Knock-down prices are net prices. The price payable by the purchaser to the seller is the knock-down price plus VAT (= purchase price). The VAT added to the knock- down price may vary, depending on the seller’s assessment. For each foal, the appropriate VAT rate (0%, 10.7% or 19 %) is stated with the exhibitor’s name in the auction catalogue. The exhibitor is responsible for the correctness of the transferred VAT rate. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn assumes no liability for this information.

    II. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn fee for acting as an agent is 4 % of the knock-down price (net) plus 19 % VAT, payable by the purchaser.

    III. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn has arranged an obligatory insurance with the Vereinigte Tierversicherung for any foal put to auction (compare E) at a charge of 1.5 % of the gross price plus insurance tax, payable by the purchaser.

    IV. In agreement with these speci cations, the amount due by the purchaser will be calculated as follows:

    Knock-down price (net)

    + seller’s VAT-rate (0%, 10.7 % or 19 %, depending on seller’s tax assessment)

    = Subtotal no. 1 (purchase price)

    +  4 % auction fee on the knock-down price (net)

    +  19 % VAT on the auction fee incurred (according to sect. 12 (2) of the German VAT Act)

    = Subtotal no. 2 (auction fee)

    subtotal no. 1 + subtotal no. 2 (purchase price + auction fee) = gross price

    +  1.5 % insurance premium (based on gross price)

    +  insurance tax (19%)

    = TOTAL AMOUNT DUE

    V. The seller irrevocably cedes the right to collect the total amount due to the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn.

    VI. The total amount due is payable immediately after the knock-down and must be settled in cash or by check at the auction of ce or transferred to the Holsteiner Verband Vermarktungs- und Auktions GmbH’s UniCredit account.

    VII. The horse remains in the property of the exhibitor in agreement with sect. 449 BGB, until the total amount due has been paid to the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn; in the event of payment by cheque or money transfer, passage of title is effected by the unconditional crediting of the total amount due to the Holsteiner Verband Vermarktungs- und Auktions GmbH account with the UniCredit Bank.

    VIII. Should the purchaser not pay the total amount due within 5 working days (incl. Saturday) after the auction day the seller is free to cancel the agreement of sale and sell the foal to someone else. In this event the rst purchaser is liable for any possible loss and is also liable to pay damages to the organizer.

    IX. Thesellerirrevocablycedestherightto leforlegal action in order to claim the purchase price to the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn.

    D. Collecting the Foal and Passing of Risk

    D. Collecting the Foal and Passing of Risk

    I. The purchaser must collect the foal no later than six month after the foal’s birth at the seller’s residence. Until then, costs for upkeep including vet and farrier are born by the exhibitor/seller. Seller and purchaser may bindingly agree upon a later date of collection, incurring livery costs at 5 euros per day. Exhibitor/seller und purchaser have to agree upon a xed date for collecting the foal.

    II. A prerequisite for collecting the foal is that it has been examined by an equine veterinary surgeon commissioned by the seller and has been declared free from defects. As far as possible the purchaser should be present during the veterinary examination. In the event that the purchaser is prevented for any reason, a veterinary certificate stating the result and findings of the examination must be submitted to the purchaser immediately.

    III. With the foal declared free from defects and ready for collection, passing of risk to the purchaser will be effected. Provided that the purchaser is a consumer, passing of risk is effected by delivery to the purchaser.

    IV. A foal declared ready for collection which is not immediately collected, will incur livery costs at 5 euros per day payable to the seller/exhibitor by the purchaser. The purchaser must be noti ed of these costs beforehand.

    V. If a foal has been purchased by several persons jointly, these persons share the liabilities arising from the purchase at auction (purchasing price, collecting, etc) towards the seller/exhibitor as joint and several debtors. Moreover, the purchasers are considered as joint creditors regarding their claims arising from the auction transaction, entitling the seller/exhibitor to deliver to any of the purchasers.

    E. Insurance

    For all foals to be put up to auction the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, has arranged an obligatory insurance with the Vereinigte Tierversicherung (VTV) based on the following conditions: 

    1. Insurance coverage takes effect with the knock-down.

    2. Insurance coverage of the foal expires after twelve

    weeks (at the earliest upon the foal completing six months of age) with the insurance amount correlating to the total amount due by the purchaser.

    III. The shipping of the foal to the rst purchaser’s stable is included within the insurance period.

    IV. The indemnity to be granted is 80 % of the particular insurance sum (up to max. 30.000 euros) minus possible realisation proceeds. In the case of damage the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, and the insurance company (VTV) must be informed without delay.

    V. For detailed terms and conditions we refer to the information given by the VTV in the sub-menu insurance foal

    E. Liability and Limitation

    E. Liability and Limitation

    I. Purchaser and seller agree on the legal and factual nature of the foal as described below:

    1. Information stated in the catalogue as to pedigree and age, as well as sex and colour.

    2. The physical condition as stated in the certi cate of examination issued by an equine veterinary surgeon. This certi cate states the physical condition at the moment of knock-down. Any further written or verbal statement by the veterinarian or representatives of the organizer shall not incur liability.

    II. In order to claim warranty, any notice of defects has to be submitted in written form to the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93-95, 25336 Elmshorn. The seller and the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn have agreed on a debt relieving assumption of the debt according to section 415 BGB (German Civil Code). The purchaser agrees to this.

    III. Liability for de ciencies or other damages after passing of risk is limited to two years in case the seller is an entrepreneur (section 14 BGB) and the purchaser a consumer (section 13 BGB) and to one year in all other cases.

    IV. The liability limitations and exclusions do not extend to liability claims as to damages of life, body or health resulting from negligent breach of duty by the seller or the Holsteiner Verband Vermarktungs- und Auktions GmbH or wilful or negligent breach of duty by a Holsteiner Verband Vermarktungs- und Auktions GmbH legal representative or vicarious agent. The liability limitations and exclusions do not extend to liability claims as to other damages resulting from at least gross negligent breach of duty by the Holsteiner Verband Vermarktungs- und Auktions GmbH or a Holsteiner Verband Vermarktungs- und Auktions GmbH legal representative or vicarious agent.

    H. Changes, Applicable Law, Place of Jurisdiction, Severability Clause

    H. Changes, Applicable Law, Place of Jurisdiction, Severability Clause

    I. Holsteiner Verband Vermarktungs- und Auktions GmbH and auctioneer reserve the right to alter the proceedings and schedule of the event. Alterations will be announced in due time.

    II. German Law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (GISG).

    III. Place of jurisdiction for all con icts arising out of the contract between purchaser and organizer, the Holsteiner Verband Vermarktungs- und Auktions GmbH, shall be the organizer’s registered seat provided that the purchaser is a merchant, a legal entity governed by public law or specialized agency subject to public law or the purchaser has no place of general jurisdiction in Germany.

    IV. In the event that any or several of the conditions stated above should be or become void, this shall not affect any other conditions.
    In case of doubt, the German version of the conditions of sale is given priority to the English translation.

    Can we help you any Further?

    If you have any further questions regarding the terms and conditions of auction, if you are not satisfied with the terms and conditions, our team will be able to help you.

    Call us:  +49 4121 49 79 24