Auktions Katalog - Viegaard

3.17 The horses will be auctioned off in the Danish language
and in Danish kroner (DKK) from the place in which the horses
are located at the time of the auction. As a service to foreign
buyers, the auctioneer will give a presentation in English of
the individual horses, and it will be possible to follow the bidding
in other currencies than DKK (namely: EUR, USD, NOK,
and SEK) on a monitor set up for that purpose in the auction
room. However, this data will only be indicative and will be
subject to possible fluctuations in exchange rates.
4. PURCHASE PRICE
4.1 No buyers commission will be added to the hammer
price. If a given horse is sold subject to VAT (“plus VAT”), this
will be stated in the auction catalogue, and the horse will be
auctioned off net (with bids not including VAT). In connection
with invoicing, a VAT amount of 25% will be added to the bid
price. Invoices for net amounts, without VAT added, can be issued
to:
I. buyers from another EU country, provided these buyers can
produce an original data extract from the trade register with
a valid EU VAT registration number, and provided the person
authorized to sign for the company can produce original
passport ID.
II. buyers with a registered commercial address in a third
country outside the EU, provided these buyers can produce
an original data extract from the trade register issued/dated
within the last six (6) months, and provided the person authorized
to sign for the company can produce original passport
ID.
III. private buyers from a third country outside the EU, provided
these buyers can produce original passport ID and an
officially approved certificate of address issued/dated within
the last six (6) months.
4.1.2 A further condition for invoicing net, without including
VAT, is that the buyer can document to the seller – within thirty
(30) days from the date of purchase, and by means of an approved
import document duly stamped by a public authority
– that the horse has conclusively been imported into the destination
country.
4.2 Buyers from other EU countries and buyers from third
countries outside the EU who wish to be given invoices without
VAT have an obligation and a responsibility to carry out
the transaction in a lawful manner. In the event that invoicing
without VAT is rejected by a public authority, in the seller’s or
the buyer’s country, regardless of the reason and the time for
the refusal, the buyer is obliged to pay the full VAT amount
on the bid price to the seller, corresponding to the VAT rate
in force in the country where the seller was registered at the
time the sale took place.
4.3 The entire purchase amount, with no deductions, is payable
net cash immediately after the fall of the hammer. Payment
must be made at the auction
office. If the buyer wishes to pay by cheque, or pay into a bank
account, or pay by bank transfer, this must be agreed with
Viegaard Sport Horses ApS at the auction office. The buyer is
under obligation to produce personal ID and/or company ID
at the auction office. If the horse is not paid for in cash, or if the
buyer wishes to pay by cheque, bank deposit, or bank transfer,
the horse and the horse’s ID/horse passport and/or pedi-
gree will not be handed over to the buyer until full payment,
with no deductions, has irrevocably been registered as paid
into the seller’s bank account. For payments made by cheque,
hand-over cannot take place until three (3) bank days after the
cheque has been cleared, unless otherwise agreed in writing
with Viegaard Sport Horses ApS.
4.4 If the purchase price is not paid promptly, in accordance
with clause 4.3 above, the party requesting the auction (the
seller) and the auctioneer will decide whether the horse will
be presented for auction again, and whether the sale to the
buyer will consequently be cancelled. This clause does not exempt
the buyer from liability for damages towards the party
requesting the auction or the auctioneer.
4.5 If the purchase price is not paid properly and promptly,
in accordance with clause 4.3 above, an interest of 2% will be
charged on the total purchase price per month or part thereof,
counting from the date of the hammer fall and until payment
has been effected.
4.6 The ownership of the purchased horse does not pass to
the buyer until the total purchase price, with no deductions
and including any accrued interest and costs, has been fully
and irrevocably paid.
4.7 Pursuant to the Danish auction act, the seller shall have
a lien on the buyer corresponding to the purchase price and
any VAT due. Such a debt can therefore immediately serve
as the basis for levying execution, cf. the relevant rules in the
Danish Administration of Justice Act.
5. PICKING UP THE AUCTION ITEMS
5.1 Purchased horses must be picked up within seven (7) days
after auction day, unless the parties have expressly agreed
otherwise. If pick-up is delayed, the buyer will be charged for
expenses paid and costs incurred while the purchased horse
was kept and cared for.
6. SELLER’S RESPONSIBILITY FOR FLAWS AND
DEFECTS
6.1 The buyer can only cancel a purchase at auction if the
horse’s data do not correspond to the data posted on the
boards in the auction room, and if the difference is of material
importance. Regardless of the above, it is a condition for
exercising the option to cancel that the purchased horse is returned
in the same condition it was in at the time of the auction.
The buyer does not have the right to claim damages for
costs incurred or expenses paid.
7. OTHER LIABILITIES
7.1 The auction will take place without any potential liability
to the auction manager, who is also the auctioneer, and who
has been engaged to auction off the auction horses in accordance
with the Danish legislation concerning the conducting
of auctions and with these Auction Terms and Conditions,
which will be presented in the auction catalogue and posted
in the auction room.
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Viegaard, 10 April 2008
Head Auctioneer
Per Kjaersfeldt