82. VFA ’15 I 161
T
erms
& C
onditions
of
the
S
tallion
A
uction
A. Sale on Commission
The Oldenburger Pferde-Vermarktungs GmbH, is the organizer of the auction and sells the licensed and
non-licensed stallions listed in the catalogue in its own name and on account of the vendor (commission
business) through a publicly appointed auctioneer. Place of performance and venue isVechta, Germany.
B.Auction
The auction is a public auction and is open to any interested person. Because of the different ways the stallions
were raised, their different preparation for sport with different training methods, the stallions that are auctioned
are no longer in their original state and are therefore deemed „second hand“ in the sense of § 474, section 1 S.
2 BGB [German Civil Code].The rules for the purchase of consumer goods (§ 474 ff BGB) is not applicable.
Offers for the stallions are to be made in Euro. Only higher bids of at least 250.00 Euros will be accepted. If
doubt concerning the validity of the knock-down arises, offers can be taken up again and continued. An
announcement of doubt concerning the validity of a knock-down must be made immediately, at the latest by
the time the last stallion in the auction is knocked-down. Doubt concerning the validity of a knock-down can
only be announced by bidders, the auctioneer or the auction management. In a dispute, a commission
consisting of the Managing Director and a member of the executive committee of the Oldenburger
Pferdezuchtverband e.V. as well as the auctioneer will decide.The decision to annul the knock-down must be
unanimous.
If a buyer does not sign the purchase note or if he makes known during the auction that he will not take the
stallion, the stallion can be auctioned again at the discretion of the commission.The first buyer is liable to the
Oldenburger Pferde-Vermarktungs GmbH and the vendor of the stallion for any shortfall in price.
C. Essential Characteristics of the Stallions
The sales standards listed in the following constitute the essential characteristics of the respective stallions
which are solely the subject of the buyer’s right of fulfillment at the time of the transfer of risk.
a)
Information on pedigree, sex, color, age as well as freedom from the vices roaring, cribbing, weaving, stable
stalking.
b)
Suitability for breeding if licensed:
The licensed stallions that are auctioned are suitable for breeding within the scope of the following definitions.
Health of reproductive organs:
The stallion has morphologically normal formed sex organs that correspond to his age and breed.
The stallion does not shed the equine arteritis virus with semen insofar as the examination for antibodies
against the equine arteritis virus was positive (titer > 1:4).
Approximately 4 weeks before the auction date a serum sample will be taken from the respective stallion and
examined before the auction date for antibodies against the equine arteritis virus.The result of the examination
will be available from the auction veterinarians upon request before knock-down.
aa)
Ability to Serve
The stallion is able to execute the mating act completely and without interruption.
bb)
Fertility and Semen Quality
The stallion is fertile. If claims are made for defects in the ability to fertilize, semen quality must be determined.
On behalf of both parties, an expert opinion from theVeterinary College Hanover [StiftungTierärztliche
Hochschule Hannover], Reproduction Medicine Unit, Equine Clinic (Professor Dr. Sieme) will be obtained.The
result of the expert opinion is binding for both parties.
D.Veterinary Examination
The stallions up for sale have been clinically examined and X-rayed before they are delivered for auction
preparation. 14 X-rays will be taken of each stallion (lateral views of the front and back toes and special views
(Oxspring) of the front feet, hocks from three angles approx. 45° and 0° and 135/315° and lateral views of the
knee). A report on the clinical and X-ray examination has been prepared by the veterinarian.The assessment of
the X-rays is the responsibility of the veterinarian who carries out the examination (Dr. Steinmann, Dr. Janetzko
or Dr. Schwagemakers) together with Dr. Boening.
The report on the clinical and X-ray examination and the assessment of the X-rays will be made available to all
interested buyers, their authorized agents and veterinarians for checking and making their own assessment
prior to the auction.
The examination reports do not constitute a contractual assurance given by the Oldenburger Pferde-Vermark-
tungs GmbH or the vendor.
Current health problems and essential changes in the description of the stallion in the catalogue will be
announced by the auctioneer.
E. Liability
The Oldenburger Pferde-Vermarktungs GmbH will assume liability for the essential characteristics agreed upon
in section C according to statutory provisions subject to the following restrictions:
a)
Replacement as a right to fulfillment is prohibited as well as the right to a reduction in price. Remedy is
insofar restricted to a binding expert opinion from theVeterinary College Hanover [StiftungTierärztliche
Hochschule Hannover], Professor Dr. Sieme, which states that the essential characteristics under C b) cannot be
healed with certainty within a six-month treatment period.
Otherwise, the buyer only has the right of cancellation as well as claims for damage.
b)
Claims for damages are limited to reimbursement of transport costs from the auction stables to the buyer’s
stables within Germany as well as normal expenses for boarding and feed, the costs for veterinary
examinations and necessary treatment by a veterinarian as well as expenses for a farrier as of the date the
stallion leaves the Oldenburg Horse Center.
The Oldenburger Pferde-Vermarktungs GmbH will not be liable for further costs and expenses, replacement or
any damage to property.
c)
Claims resulting from liability for defects as far as the vices roaring, cribbing, weaving and stable stalking are
concerned must be announced within the 14-day time limit as of transfer of risk; other claims, with the
exception of defects concerning the ability of licensed stallions to serve or fertilize, within 4 weeks after transfer
of risk.
Claims for defects of quality concerning the ability of licensed stallions to serve must be lodged with the
Oldenburger Pferde-Vermarktungs GmbH at the latest by the next 30th of April, concerning the ability to
fertilize at the latest by the next 31st of July.
Receipt of notification by fax is sufficient for due notification to the Oldenburger Pferde-Vermarktungs GmbH.
To assess the ability of a licensed stallion to serve or fertilize, an expert opinion will be obtained from theVeteri-
nary College Hanover [StiftungTierärztliche Hochschule Hanover], Reproduction Medicine Unit, Equine Clinic
(Professor Dr. Sieme) on behalf of both parties.
The result of the expert opinion is binding for both parties.
d)
Statutory period
All claims for liability due to defects expire by limitation for sales to end users in the sense of § 13 BGB
[German Civil Code] within one year after transfer of risk, for sales to buyers that are not end users in the sense
of the law within three months after transfer of risk. Not included are defects that concern the ability of licensed
stallions to serve or fertilize.These defects expire by limitation on the next 1st of December following the
auction.
e)
Any further liability beyond the rulings stated above - also after conclusion of a boarding contract - is
herewith excluded unless the liability of the Oldenburger Pferde-Vermarktungs GmbH, its representatives or
vicarious agents is due to culpable injury of
· Life
· Body
· Health
· Defects the existence of which were fraudulently concealed or the absence of which was guaranteed by the
Oldenburger Pferde-Vermarktungs GmbH
· Gross negligence
· Gross conduct
F.Taking Delivery andTransfer of Risk
At knock-down which represents the transfer of ownership, the risk passes to the buyer even if the stallion
remains in the custody of the Oldenburger Pferde-Vermarktungs GmbH or the vendor.This also applies if the
vendor remains the conditional owner for the time being.The hand over of a stallion to the buyer by the vendor
before the knock-down price plus commission fee, insurance and value added tax has been paid is at the risk of
the vendor.
G. Settlement and Payment
A commission fee of 6 % of the sales price is to be paid by the buyer. Payment is due immediately after
knock-down and is to be paid in cash, by check or credit card in the auction office. Expenses and interest
resulting from cashing a check or the use of a credit card are to be paid by the buyer. Payment by check is only
deemed settled when the check has been credited to the Oldenburger Pferde-Vermarktungs GmbH’s account.
The Oldenburger Pferde-Vermarktungs GmbH reserves the right to make other arrangements with buyers to
ensure payment of the purchase price.
The account will be rendered as follows:
Sold Stallions
Knock-down price
plus 6 % Commission
plus 1% Insurance (plus 19 % insurance tax applicable to a knock-down price up to 100.000,00 Euro plus costs)
Net sum
plusTurnover tax (according to § 12 (1) GermanTurnoverTax Law (19 %)
Final balance amount
According to § 449 BGB [German Civil Code], the horse remains the property of the vendor until full payment
has been effected.The stallions are insured by the commissioner (see Insurance Service).The respective
contract is transferred to the buyer at knock-down as the legal successor.The insurance premium is settled with
the auction settlement.
H) Precedence of the GermanVersion of theTerms & Conditions
TheseTerms & Conditions are provided in a German and an English version. In case of inconsistencies, only
the German version is valid; when interpreting, the German version should be mainly drawn upon for the
interpretation of the English version and prevails over the two versions.
I) Ineffectiveness of a Provision
Should individual provisions or parts of provisions become void, this does not affect the effectiveness of the
remaining provisions. In case of ineffectiveness, the unlawful or ineffective provision is to be replaced by a
provision that comes as close as possible to the purpose of the contract.
As per November 2012
I
nsurance
S
ervice
As of knock-down, insurance is available for all of the stallions purchased at this auction from
VereinigteTierversicherungs Gesellschaft a.G. (VTV)
Niedersachsenrin 13, 30163 Hanover, Germany
Tel.: +49 (0)511 - 67 08 245
Fax: +49 (0)511 - 67 08 77245
to cover death, putting down in an emergency and damage that leads to permanent unfitness for use.
For 1 % of the knock-down price plus costs andTurnover tax, insurance can be extended for a period of 8 weeks
after the auction and includes the following:
· 80 % indemnification for death or putting down in an emergency due to illness or accident
· 80 % indemnification for permanent unfitness for riding or driving due to illness or accident
Included in the insurance is transport within the insured period (road, air and sea transport) to the first buyer’s
stables.The knock-down price is the insured amount but at the most 100,000 Euros plus costs andTurnover tax
The contract basis is AVPTLP 01/2008. Follow up insurance can be taken out at the buyer’s expense - a renewed
veterinary examination and X-rays are not necessary and there is no waiting time. If you are interested, please
contact
VTV GeneralAgent, Mr. Heiko Meinen, Deichweg 26, 26689Apen, Germany.
Tel.: +49 (0) 44 89 - 94 04 90, fax +49 (0)44 89 - 94 04 91
Mr. Meinen will also be present at the auction and can be reached by phone at +49 (0)172 - 549 16 10.
