Auktions Katalog - Viegaard

AUCTION TERMS AND CONDITIONS
for the auction to be held on 5 may 2006 by Viegaard Sport Horses aps
1. THE HORSES’ STATE OF HEALTH
1.1 During the 30 days prior to the auction, all of the horses
up for auction will have been examined by a veterinarian, and
will have been subjected to a routine X-ray examination (of
the distal sesamoid bones of both front legs, the toes of all
four legs in a side projection, the hocks of both hind legs in
three planes, and the knee joints of both hind legs in a side
projection). The results of these examinations will be available
for previewing at the auction office, and bidders/buyers are
responsible themselves for going through the examination
results before the auction begins. Veterinarian Hans Scougaard
will be present on the day of the auction to help bidders/buyers
with any questions they may have concerning
the condition of the horses. Hence, no buyer will have the right
to lodge a complaint about health conditions that are already
evident from the results of the veterinary and X-ray examinations
at the time of the auction. No further examinations have
been performed. Should a bidder/buyer wish to have an auction
horse examined more extensively than in the standard
examinations available for previewing, the bidder/buyer has
the right to do so, provided such further examinations are
carried out in reasonably good time before the auction and
paid for by the bidder/buyer. The horses up for auction can be
previewed/tested from 1 May to 4 May if arranged in advance
with the seller.
2. THE ITEMS UP FOR AUCTION
2.1 Except as described in clause 1.1 above, the horses are
sold in their present state and condition at the fall of the hammer
(the final tap), as is, and without insurance or guarantees
of any kind. The auction catalogue contains information on
each horse’s training level, which is not to be compared with
its competition level (if any). No information on competition
level is given.
2.2 A horse is always accompanied by an ID/horse passport
and/or pedigree, unless otherwise stated.
2.3 The horse is given over to the care, account, and risk of the
buyer immediately after the fall of the hammer.
2.4 Immediately after receiving the horse’s documents, the
buyer is responsible for checking that the documents are consistent
with the horse and with the data stated on the boards
in the auction room.
3. CONDUCTING THE AUCTION
3.1 An auction catalogue will be prepared and issued for the
purposes of the auction. This auction catalogue is only indicative,
and the issuer reserves the right to announce changes to
the information during the auction.
3.2 Once presented for auction, a given horse will not be presented
for auction again, unless the auctioneer decides otherwise in
the particular case in question, for instance when the auctioning
of a horse is resumed according to clause 3.13 below.
3.3 If more than one person bids simultaneously, the auctioneer
will decide who gets the bid.
3.4 The auctioneer has the right to change the order in which
the horses are auctioned off.
3.5 Only data posted on the auction boards or announced by
the auctioneer shall formally apply.
3.6 The auctioneer will decide the size of the lowest acceptable
bid and the lowest acceptable increment for bidding.
3.7 Each individual sale – except where clause 3.12 below applies
– is finalized when no higher bids are given after bids
have been called for three (3) times, with the fall of the hammer
indicating that the item goes to the highest bidder.
3.8 If, after the fall of the hammer, doubt arises as to who the
highest bidder was, bids will be called for again.
3.9 A bidder can be requested to provide security, both during
and after the auction.
3.10 Persons bidding on behalf of someone else thereby undertake
liability as primary debtors.
3.11 If two or more persons make a joint purchase, they shall
be jointly and severally liable.
3.12 If, prior to the auction, the party requesting the auction
(the seller) has notified the auctioneer, in writing, that the sale
of a given horse shall be subject to an unpublished minimum
price (a limit) for that horse, no conclusive or final fall of the
hammer is given. Rather, the auctioneer can postpone the
sale, making a reservation on behalf of the seller in the event
that the minimum price is not achieved. In such a situation, the
auctioneer can choose to postpone the auction of the horse
in question for up to twenty (20) minutes by declaring the sale
“postponed” under provisionel (in Danish “udsat”), so that during
this period the auctioneer and the seller can resolve whether
or not the seller wishes to retract his stipulated limit. During
this postponement period (under provisionel) of up to twenty
(20) minutes, the highest bidder shall remain bound by the bid
submitted, unless otherwise agreed.
3.13 If the party requesting the auction (the seller) consents to
retract his limit, the auction will immediately be resumed, and
provided no higher bids are made at the resumed auction, the
fall of the hammer finalizes sale to the person who was the
highest bidder before the auction was postponed.
3.14 The party requesting the auction (the seller) has the right
to reject bids that are lower than the established but unpublished
minimum price (the limit) for a given horse.
3.15 Directly after the fall of the hammer, the buyer must notify
the auctioneer of his or her name, address, and country (and
possibly VAT registration number, if the purchase is a commercial
purchase). If the buyer does not provide totally correct
data, the auctioneer will decide whether the horse is to be
presented for auction again. This clause does not exempt the
buyer from liability for damages towards the party requesting
the auction or the auctioneer.
3.16 If, by mistake, the auctioneer inadvertently auctions off
the wrong horse, the buyer must tolerate and accept that the
transaction is reversed, without this consequently giving the
buyer any right to claim a breach of agreement with the seller
or to claim any liability on the part of the auctioneer.