82. VFA ’15 I 159
T
erms
& C
onditions
of
the
R
iding
H
orse
A
uction
A. Sale on Commission
The Oldenburger Pferde-Vermarktungs GmbH,
Grafenhorststraße 5, 49377 Vechta, is the organi-
zer of the auction and sells the horses described
in the catalogue under the direction of the aucti-
oneer in its own name and on account of the
vendor (commission business).
Place of performance and venue: 49377 Vechta,
Germany
B. Auction
1) The auction takes place in the form of a public
auction and is executed by a publicly appointed
and sworn auctioneer. Auction tickets can be
purchased by the public. According to legal ter-
minology, all horses auctioned off are se-
cond-hand goods. German regulations governing
the sale of consumer goods (§ 474 ff. German Civil
Code) do not apply.
Bids for the horses are made in Euro. Only higher
bids of at least 300.00 Euros will be accepted.
2) In case any doubt should arise as to the validity
of knock-down, the offer for sale can be taken up
again. A claim of doubt regarding the validity of a
knock-down must be announced at the latest be-
fore the final knock-down of the last horse in the
auction. Doubt concerning the validity of a knock-
down may only be announced by bidders for the
respective horse, the auctioneer or the organizer
of the event. In case of dispute, a committee con-
sisting of the Managing Director and a Member
of the Board of the Oldenburger Pferde-Vermark-
tungs GmbH as well as the auctioneer will deci-
de. The decision to annul the knock-down must
be unanimous.
3) If the buyer does not sign the purchase note or
makes known during the auction that he will not
take the horse, the horse may be put up for aucti-
on again at the discretion of the commission.
The first buyer is liable to the Oldenburger Pfer-
de-Vermarktungs GmbH and to the vendor for any
possible shortfall in price.
C. Settlement and Payment
The Oldenburger Pferde-Vermarktungs GmbH
charges a commission fee for its activity as a
commission agent which is calculated on the ba-
sis of the knock-down price along with expenses
and taxes. Payment is due immediately after
knock-down and is to be paid in cash, by bank
confirmed check or credit card in the auction of-
fice. Expenses and interest resulting from cas-
hing a check or the use of a credit card must be
paid by the buyer.
The Oldenburger Pferde-Vermarktungs GmbH
reserves the right to make other arrangements
that assure payment of the purchase price.
The account will be settled as follows:
Knock-down price
+ 6 % commission
= sub-totale
+ 1.44 % insurance
(incl. 19 % insurance tax)
= net price
+ Value Added Tax according to § 12 (section 1)
UstG (19 %) of German tax laws
= settlement price
All auction horses are insured by the commission
agent (for further information, see the page on
insurance in this catalogue). At knock-down, the
respective insurance contract passes to the new
owner as legal successor. The insurance premi-
um is settled with the auction statement.
According to § 449 of the German Civil Code, the
horse remains the property of the vendor until full
payment has been effected. The Oldenburger
Pferde-Vermarktungs GmbH is authorized to
receive payment and, if necessary, to sue the
buyer for payment of the purchase price as well
as all additional fees and expenses.
D. State of the Horses
1) The state of each horse is described in the
auction catalogue with a photograph, giving co-
lor, pedigree, sex and, if applicable, a performan-
ce record of the family.
2) The brief comments given in the catalogue are
based on first impressions of the horse at the
time the catalogue was printed in regard to their
presumed talent for dressage, show jumping or
eventing. These comments do not constitute an
agreement on the state.
3) Health problems at the time of the auction and
any essential changes in the descriptions of the
horses in the catalogue are recorded in the auc-
tion report or will be announced by the aucti-
oneer before the auction.
E. Liability of the Oldenburger Pferde-Vermark-
tungs GmbH
All claims arising from defects are to be directed
to the Oldenburger Pferde-Vermarktungs GmbH
which, as commission agent, will handle claims
for the vendor (consignor). The Oldenburger Pfer-
de-Vermarktungs GmbH will assume liability for
defects in regard to the state described in secti-
on D above with the following restrictions:
1) Claims made for replacement for subsequent
performance are excluded.
2) Claims for reduction of the purchase price are
excluded.
3) Claims to withdraw from the contract: In case
of extreme deviations from the contractually
agreed state of the horse at the time of the trans-
fer of risk, the Oldenburger Pferde-Vermarktungs
GmbH will assume liability for taking back the
horse and returning the purchase price.
4) Claims for damages: Claims for damage are li-
mited to transport costs from the auction stables
to the buyer’s stables within Germany, the normal
expenses for boarding and feed, the costs for the
initial veterinary examination, expenses for a far-
rier and any necessary expenses for veterinary
treatment. The Oldenburger Pferde-Vermark-
tungs GmbH will not be liable for further costs
and expenses, replacement, any damage to pro-
perty or, in particular, costs for training/exerci-
sing.
5) In the case of consumers within the meaning of
§ 13 of the German Civil Code [BGB], all claims
arising from liability for defects expire by limitati-
on within one year after the transfer of risk. In the
case of sales to buyers who are not consumers
within the meaning of the above said law, all
claims arising from liability for defects expire by
limitation 3 months after the transfer of risk.
6) The Oldenburger Pferde-Vermarktungs GmbH
and the vendor are liable solely for the establis-
hed state. The Oldenburger Pferde-Vermarktungs
GmbH and the vendor are not liable for any cha-
racteristics beyond the established state. Insofar,
the horses are sold as seen on the day of the
auction. In particular, the Oldenburger Pfer-
de-Vermarktungs GmbH will not assume liability
for the accuracy of the findings and diagnoses of
the veterinarians who have examined the horses
prior to the auction.
F. No exclusion for liability
Claims filed by the buyer towards the vendor are
not excluded, also, not the shortened but the le-
gal statute of limitation is valid, if liability is based
on culpable injury of life, body or health; defects
the presence of which were fraudulently conce-
aled or the absence of which was guaranteed by
the vendor; gross negligence on the part of the
vendor, his legal representatives or vicarious
agents; gross conduct by the vendor.
G. Veterinary examination
-no definite agreement on the state of the horses-
The horses for sale have been clinically exa-
mined and X-rayed prior to delivery for the aucti-
on. Twelve X-rays are taken of each horse (front
and back, lateral views of the toes and special
views (Oxspring) of the front feet, hocks from two
angles, approx. 45° and 315° and lateral views of
the knee). A report on the clinical and X-ray exa-
minations is prepared by the veterinarian, Dr.
Holger Steinmann, 49439 Mühlen, phone.: +49
(0)5492-1394 or mobile: +49 (0)171-6040441.
X-rays are jointly assessed by the directly res-
ponsible veterinarians, Dr. Holger Steinmann and
Dr. Karl Josef Boening, Telgte, mobile: +49 (0)172-
5335535. The report on the examination prior to
the auction, X-ray findings and the assessment
of the X-rays are kept in the auction office and
are available to all interested buyers, their autho-
rized agents and veterinarians for examination to
make their own assessment prior to the auction.
Examinations by veterinarians, their findings and
assessments are independent services provided
by these veterinarians. They are not deemed cha-
racteristics of the state of the horse or contractu-
al assurances given by the Oldenburger Pfer-
de-Vermarktungs GmbH or the vendor and serve
solely as unbinding information for interested
buyers. Buyers are expressly requested to ask
the veterinarians named above to explain their
findings concerning the individual horses.
H. Taking delivery and transfer of risk
At knock-down which represents the transfer of
ownership, the risk passes to the buyer, even if
the horse remains in the custody of the Oldenbur-
ger Pferde-Vermarktungs GmbH for the time
being. This also applies if the vendor remains the
conditional owner for the time being. Horses han-
ded over to buyers by the vendor before the
knock-down price has been paid in full, is at the
risk of the vendor.
I. Ineffectiveness of a provision
Should individual provisions or parts of provisi-
ons become void, this does not affect the effecti-
veness of the remaining provisions. In case of
ineffectiveness, the unlawful or ineffective provi-
sion is to be replaced by a provision that comes
as close as possible to the purpose of the cont-
ract.
J. Priority to the German version
These Terms and Conditions are stated in Ger-
man and an English translation is given. In case
of any discrepancies, the German version is the
only valid version; when interpreting, the German
version is the authoritative version for the inter-
pretation of the English version.
As per August 2012/R
Insurance service
As of knock-down, all horses purchased at this
auction are insured by:
Vereinigte Tierversicherungs
Gesellschaft a.G. (VTV)
Niedersachsenring 13, D-30163 Hannover
Tel. +49 (0) 5 11 - 67 08 245
Fax +49 (0) 5 11 - 67 08 77245
For 1.44 % (including insurance tax) of the knock-
down price the insurance can be extended for a
period of 8 weeks with the following coverage:
• 80 % indemnification for death or putting
down in an emergency due to illness or an
accident
• 80 % indemnification for permanent unfitness
for use due to illness or accident
Included in insurance coverage is every trans-
port within the insured period (land, air or sea) to
the first buyer’s stables. The knock-down price
is the insured amount, however maximum
100,000 Euros plus costs and Turnover tax.
The insurance contract is based on the German
insurance law AVP TLP 01/2008.
A continuation of the insurance at the cost of the
buyer/owner may be concluded in the auction
office or within the insured period with the abo-
ve given insurance company. New X-rays are
not required and there is no waiting period.
If you are interested, please contact
Mr. Heiko Meinen, VTV General Representative
Deichweg 26, D-26689 Apen
Tel. +49 (0) 44 89 - 94 04 90
Fax +49 (0) 44 89 - 94 04 91
Mr. Meinen will also be present during the aucti-
on and can be reached under the mobile phone
number
+49 (0)1 72 - 5 49 16 10.
