6 Conditions of sale A. IN GENERAL Organizer of the auktion is Stable Hell GmbH & Co. KG and Dirk Ahlmann. Exhibitor is the owner of the foal. Stable Hell GmbH & Co. KG and Dirk Ahlmann sells the foals in its own name for the account of the exhibitor in a public auction according to § 474 BGB. The organizer reserves the right as to alteration in the course of the arrangements of the event. They will be announced in due time. B. AUCTION During the auction the foal is presented in hand. The foal is offered for sale in EURO. Only bids of at least 50,00 Euros are accepted. If any doubt should arise as to the validity of the knockdown, this has to be claimed at once. The offer for sale can be taken up again and continued on the decision of the auctioneer in charge. This is admissible even if the purchase note has already been signed. If the purchaser does not completely fill in the purchase note or does not correctly sign it, the foal may be put up for auction again on the judgement of the auction management, with the first purchaser being liable for a possible reduction in price. C. SETTLEMENT, PAYMENT AND TRANSITION OF PROPERTY I. The amount due is calculated as follows knockdown price + 3% of the knock-down price as commission = Netprice + 7% VAT on net price = AMOUNT DUE Payment has to be effected in the auction office immediately after acceptance of the bid, cash or by bank confirmed cheque. II. The foals remain in the property of the exhibitor until total payment of all claims is effected. In the case of payment by cheque until unconditional clearance thereof into the account of the organizer. III. Should the change in ownership not take place on the auction day for reason of payment, the exhibitor has the right to sell the foal elsewhere after the two following working days have passed, in the case of which the purchaser is liable for any possible reduction in price. He is also liable to the organizer. D. PICKING UP AND TRANSITION OF DANGER I. If foals that are older than 5 months are not picked up on the auction day, an agreement has to be reached directly with purchaser and seller regarding the further procedure. It has to come to a private agreement between purchaser and seller regarding the further stay and the resp. costs.
Picking up of late born foals has to take place within 2 (two) weeks after informing the purchaser that the foal can be weaned. II. With picking up liability passes on to the purchaser. III. From the day of picking up all costs (stabling, keeping including care and veterinary care) pass on to the purchaser. E. LIABILITY, LIMITATION AND PLACE OF JURISDICTION I. The liability applies to the characteristics of the foals as described below: 1. Details as mentioned in the catalogue regarding pedigree and age, as well as sex and colour. 2. The physical condition as stated in the health certificate made out by the horse veterinarians. This certificate states the physical condition at the moment of knockdown. Alladditional declarations by the veterinarian or representatives of the organizer, whether written or verbal, do not lead to liability. II. Stable Hell GmbH & Co. KG and Dirk Ahlmann are liable for intention and gross negligence of its organs, representatives, and assistants. All other liability is excludet apart from 1) violation of life, body, or health of the purchaser 2) a guilefully concealing of a deficiency or an intended violation of fundamental contractual duties. This exclusion applies to indemnity besides service or instead of service, as well as to claims for replacement of futile costs. Claims for damages do not include the costs for transportation back from abroad. Demands regarding post-fulfilment are not included. Performance already effected by the organizer has to be paid, respectively will not be reimbursed. III. Limitation regarding demands for deficiencies or other damage from the moment of transition of danger is as follows: - 2 (two) years for the purchaser being a consumer (§ 13 BGB) - 1 (one) year for the purchaser being an employer (§ 14 BGB) if not intention or guilefully concealing of a deficiency, violation of life, body or health of the purchaser or a violation of duty caused throught gross negligence, or an intended violation of essential contractual duties is obvious. F. INSURANCE We recommend an insurance for the foals by R+V/VTV, Mr Alexander Kuschel, 04324-882 390. 7