Conditions of Sale horses

Sizing/measure

S -163 cm
M 164-167 cm
L 168-171 cm
XL from 172 cm

Conditions of Sale horses

A. General

Organizer of the auction Glantz & Gloria is Erdbeerhof Glantz, Hamburger Straße 2, 22941 Delingsdorf. He sells the horses listed in the catalog in the name of the exhibitor (agency / agency business). Exhibitor is the owner of the horse. The exhibitor sells the horses in his own name by a publicly authorized auctioneer. It is a public auction according to § 474 I BGB (German Civil Code). The legal conditions regarding the sale of consumer goods will not be applied. Before the auction the horses for sale will be presented in-hand respectively under the saddle. The organizer reserves the right to alter the arrangements of the entire event. Alterations will be announced in due time.

B. Auction

During the auction the horses to be sold will be presented under the saddle or in-hand. The horse will be offered for sale in EURO. Only bids of at least € 100.00 will be accepted.
If any doubt should arise as to the validity of the knock-down, 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 or sign the purchase note correctly, the horse may be put up for auction again. The first purchaser is liable to the exhibitor for any reduction in price.

C. Settlement, Payment

I. The final price for each horse sold shall consist of the final bid plus VAT (0% private, 10,7% agricultural entity, 19% entrepreneur), plus an amount equal to 6% of the final bid plus applicable VAT. The tax rate of each seller is made public and printed in the catalog, to be found for each horse behind the owner´s name.

Example:

Final bid (Knock-down price)	0 %	10,7 %	19 %
	private	agricultural entity	entrepreneur
	10.000,00 €	10.000,00 €	10.000,00 €
plus 0%, 10,7%, 19% VAT	0,00 €	1.070,00 €	1.900,00 €
Subtotal 1	10.000,00€	11.070,00€	11.900,00€
plus 6 % fees	600,00 €	600,00 €	600,00 €
plus 19 % VAT on fees	114,00 €	114,00 €	114,00 €
Subtotal 2	10.714,00€	11.784,00€	12.614,00€
Insurance (1,5%)	160,71€	176,76€	189,21€
plus 19% Insurance VAT	30,53€	33,58€	35,95€

buyer´s obligation to be paid Purchase Price	10.905,24€	11.994,34€	12.839,16€

Payment has to be effected in the auction office immediately after acceptance of the bid cash or by cheque (EURO). Costs and interest occurred through cashing in have to be paid by the buyer. In case of payment in foreign currency, the amount credited with the exhibitor’s account is decisive. This amount has to correspond to the amount due in EURO.

The horses 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 exhibitor.

Should the change in ownership not take place on the auction day for reason of payment, the exhibitor can decide that the horses are to be stabled in his premises at the purchaser’s risk and expense.
The purchaser is liable to the exhibitor for failure of payment.
The purchaser is only entitled to get the certificate of ownership after the change in ownership.

D. Liability, Limitation, Place of Jurisdiction

I. The purchaser is liable for the asfollows constitution of the horse described:
1) Information as stated in the catalogue as to pedigree and age, as well as sex and colour.
The information to the horses were delivered from the breeders or were taken from the breeding dates. The results are mainly from German shows. The exhibitor do not carry any liability about the information.
2) the physical condition as stated on the x-rays

Lateral view of front and hind digits (90°)
Dorsopalmar (upright pedal, Oxspring) view of the front navicular bones
View of the hock joints (45°, 115°and 0°)
Both stifle joints (110° and 0°)
Cervical spine (latero-lateral)
Spinous processes in the saddle area (latero-lateral)

– on the clinical examination record by the horse veterinarians Tierklinik Lüsche GmbH, Essener Str. 39 a, 49456 Bakum. All further written or verbal statements by the veterinarian or respresentatives of the exhibitor do not entitle to liability.

II. The exhibitor is in its own name liable for intention and gross negligence of his organs representatives and assistants. All other liability is excluded 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.

III. Notice of defects have to be submitted in written form to the organizer concerning I. 1) and 2) within three weeks.
The date of dispatch is decisive for obeying the limitation.

IV. Guarantee demands of the purchaser concerning claims for damages and deficiencies regarding characteristics concerning I. 1) and 2) are limited to a period of three months after transition of danger. This term limitation does not apply with regard to claims for compensation for bodily harm or health damages caused by a defect the vendor can be held responsible for or based on gross negligence of the vendor or his vicarious agents. For these cases, the statutory period applies.

V. Place of jurisdiction
In case of buyers without permanent residency (private or business) in Germany or without German citizenship, the parties agree upon application of German material and procedural law for execution and carrying out of the contract without possibility of recourse to the CISG. This also applies in case of any legal disputes.

Provided that the seller and purchaser are companies in a legal sense, both parties agree that place of jurisdiction will be the domicile of the respective exhibitors.

Provided that claims for damages are held against the organizer, it shall be agreed upon that the exclusive place of jurisdiction is the domicile of the organizer.

E. Removal, Transition of Danger

I. The horses will be handed over with a halter.

II. The costs and the risk pass on to the purchaser in the moment the horse is at the disposal for handing over after knockdown in the box of the auction stable, regardless of whether the horse remains in the custody of the exhibitor beyond this moment on request of the purchaser or must remain in the absence of payment of the purchase price.

F. Insurance

For all horses approved for auction, Glantz & Gloria has agreed on behalf of the exhibitors with the Münchener & Magdeburger Agrar AG a compulsory insurance with the following conditions:

The insurance starts with the knock-down, without any waiting times.
The coverage includes: Death or putting down in an emergency due to illness, accident, surgery, castration of stallions, transport (including transport accident), fire, lightning or explosion as well as theft and robbery (including slaughter with thieving intent). Additionally the insurance includes Permanent Loss of Use due to the aforementioned risks.
The insurance can be extended for a period of 8 weeks. The knock-down price is the sum insured.
The coverage includes: 100 % indemnification for death or putting down in an emergency and 80 % indemnification for Permanent Loss of Use.
The insurance is valid in the EU, Switzerland, GB, Norway; worldwide transports within the insured period (land, air or sea) are insured to the first buyer’s stables.
The insurance contract is based on the German insurance law AVB-Pfd-L2017 with the supplementary agreement TLP02 of the Münchener & Magdeburger Agrar AG, unless otherwise stated in the offer.

G. Severability clause

Should individual provisions of the above provisions be or become ineffective, partly or in full, his will not affect the effectiveness of the other provisions. Inoperative provisions are to replace with provisions, that reach the aimed economical success of both parties in a legal and practicable way.

IMPORTANT!

If the auction cannot be carried out for reasons beyond the organizer’s responsibility (order by authority, for instance), there will be no liability for damages arising there of, no matter what kind.

The English auction conditions are without guarantee. The German auction conditions are binding.

Conditions of Sale foal

A. General

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 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 final price for each foal sold shall consist of the final bid plus VAT (0% private, 10,7% agricultural entity, 19% entrepreneur), plus an amount equal to 6% of the final bid plus applicable VAT. The tax rate of each seller is made public and printed in the catalog, to be found for each foal behind the owner´s name.

Example:

Final bid (Knock-down price)	0 %	10,7 %	19 %
	private	agricultural entity	entrepreneur
	10.000,00 €	10.000,00 €	10.000,00 €
plus 0%, 10,7%, 19% VAT	0,00 €	1.070,00 €	1.900,00 €
Subtotal 1	10.000,00€	11.070,00€	11.900,00€
plus 6 % fees	600,00 €	600,00 €	600,00 €
plus 19 % VAT on fees	114,00 €	114,00 €	114,00 €
Subtotal 2	10.714,00€	11.784,00€	12.614,00€
Insurance (1,5%)	160,71€	176,76€	189,21€
plus 19% Insurance VAT	30,53€	33,58€	35,95€

buyer´s obligation to be paid Purchase Price	10.905,24€	11.994,34€	12.839,16€

Payment has to be effected in the auction office immediately after acceptance of the bid, cash or by cheque (EURO).

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 exhibitor.

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 exhibitor.

D. Picking Up and Transition of Danger

I. Picking up of the foals has to be effected by the buyer not later than six months after their birth at seller’s residence. Until the picking up the exhibitor has to settle the costs for keeping including veterinary and farrier. In certain circumstances a possible later picking up can be bindingly agreed between the exhibitor and the buyer, however, under these circumstances the buyer bears the costs (by agreement). Exhibitor and buyer have to agree the fixed Date of picking up the foals.

II. For a picking up it is absolutely required that the foal by order of the seller has been examined by a veterinary specialist for horses and that the diagnostic findings are free from defects. As far as possible the buyer should attend the examination of the veterinary. If the buyer is prevented for any reason he has to be informed immediately about the result of the examination by transmitting him a written medical certificate.

III. In the case that the diagnostic findings are free from defects and in the case that the foal is released to be picked up the risk will be on buyer’s side from that moment on.

IV. In the case that the buyer will not pick up immediately the released foal at seller’s residence the buyer has to bear the keeping costs (by agreement).

E. Liability, Limitation and Place of Jurisdiction

I. Purchaser and seller agree on the legal and factual nature of the foal 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. All additional declarations by the veterinarian or representatives of the organizer, whether written or verbal, do not lead to liability.

II. The exhibitor is in its own name liable for intention and gross negligence of his organs representatives and assistants. All other liability is excluded 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.

III. Limitation regarding demands for deficiencies or other damage from the moment of transition of danger is as follows:
– two years fort the purchaser being consumer (§ 13 BGB),
– 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 through gross negligence or an intended violation of essential contractual duties is obvious.

IV. Place of jurisdiction

In case of buyers without permanent residency (private or business) in Germany or without German citizenship, the parties agree upon application of German material and procedural law for execution and carrying out of the contract without possibility of recourse to the CISG. This also applies in case of any legal disputes.

Provided that the seller and purchaser are companies in a legal sense, both parties agree that place of jurisdiction will be the domicile of the respective exhibitors.

Provided that claims for damages are held against the organizer, it shall be agreed upon that the exclusive place of jurisdiction is the domicile of the organizer.

F. Insurance

For all foals approved for auction, Glantz & Gloria has agreed on behalf of the exhibitors with the Münchener & Magdeburger Agrar AG a compulsory insurance with the following conditions:

The insurance starts with the knock-down, without any waiting times.
The coverage includes: Death or putting down in an emergency due to illness, accident, surgery, castration of stallions, transport (including transport accident), fire, lightning or explosion as well as theft and robbery (including slaughter with thieving intent). Additionally the insurance includes Permanent Loss of Use due to the aforementioned risks.
The insurance can be extended for a period of 8 weeks, but at least until the end of the sixth month of life. The knock-down price is the sum insured.
The coverage includes: 100 % ndemnification for death or putting down in an emergency and 80 % indemnification for Permanent Loss of Use.
The insurance is valid in the EU, Switzerland, GB, Norway; worldwide transports within the insured period (land, air or sea) are insured to the first buyer’s stables.
The insurance contract is based on the German insurance law AVB-Pfd-L2017 with the supplementary agreement TLP02 of the Münchener & Magdeburger Agrar AG, unless otherwise stated in the offer.

G. Severability clause

IMPORTANT!

The English auction conditions are without guarantee. The German auction conditions are binding.