Marbacher Wochenende 2016

Conditions of Sale
any warranty for material defects. Limitation
of liability for possible claims for damages shall
be limited to three months from date of knockdown.
Limitation of liability does not include claims
for damages, resulting out of an impairment
of life, body or health, based on grossly negligent
violation of duty of a legal representative
or vicarious agent of the vendor or the Organizer.
Limitation of liability does neither include
damages resulting out of a grossly negligent
violation of duty of the vendor or the Organizer
or a legal representative or vicarious agent. The
Organizer shall only be held liable for the proper
conduct of the auction as stipulated in this
Agreement. The liability of the Organizer and
its vicarious agent is limited to intention and
gross negligence, also when it comes to faults
in selecting.
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 knockdown
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 0 %, 10,7 % or 19 % value-added tax
(VAT).
The invoice amount/purchase price is calculated
as follows:
Knock-down price
+ 0 %, 10,7 % or 19 % 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. Miscellaneous
1.The horse has to leave the premises at 12
o`clock noon the day following the auction.
From this point on the new owner has to cover
all expenses related to the horse. The horse can
only be shipped if an authorization by the auction
office is presented. The horse will be handed
over with a halter and a robe.
The purchased horse can only be removed
from the premises if all payment issus have
been reolved. Payment has to be made in cash
or via bank certified check. If a horse is sold
against an invoice and the seller does not agree
to release the horse until the final payment has
arrived, the seller will return the horse to his
own barn until such payment is received. The
buyer has to bear all related risks and expenses.
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 aproved
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.
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