Auction conditions 2019 

1. Definitions

1. Consumer: a contracting party that is an individual and is not acting in the conduct of any business or profession.
2. Buyer: a natural person or legal entity that acts as the buyer during the contract of purchase and sale of a horse during the Horse Sale Holland.
3. Notary: the notary under whose supervision the auction is held.
4. Organisation: Horse Sale Holland BV.
5. Allocation: the statement of the organisation and/or auctioneer to the buyer, entailing that the purchased has been allocated to the buyer against payment of the purchase price.
6. Seller: natural person or a legal entity that acts as the vendor during the contract of purchase and sale of a horse during the auction.
7. Auctioneer: the by the organisation appointed auctioneer conducting the auction.

2. General

1. Horse Sale Holland BV (hereafter referred to as 'the organisation'), organises in its function as an intermediary between seller and buyer in the Horse Sale Holland (hereinafter 'the auction'). The auction may be conducted annually.
2. The secretary office of the auction can be reached via annelou@hshauction.com and is located at the Spijkse Kweldijk 39 in Spijk, Gem. Lingewaal.
3. This auction and any agreements resulting from that are governed by Dutch law. All legal relationships between organisation and the bidder/buyer shall be governed exclusively by Dutch law, with the exclusion of the Vienna Convention on Contracts for the International Sales of Goods (CISG).
4. The auction takes place under supervision of a notary.
5. The auction terms and conditions are specified on the website and in the catalogue of the auction. The terms and conditions can also be requested at the secretary office.
6. These auction terms and conditions are applicable to all sales agreements concluded during the auction related to the horses offered by the organisation, as well as any agreements resulting from that.
7. The organisation cannot be held liable for damage to persons or property arising prior to, during or after the auction, except if such damages is caused by intent or deliberate recklessness on the part of the organisation or persons that are authorized on the orgnisation's behalf.

3. Auction procedure

1. The horses are sold by auction in the condition in which they are at the time of auction.
The organisation is not the owner of the selected auction horses and has no direct nor indirect interests with respect to the auction horses. The role of the organisation is limited to providing a platform, in which potential buyers have the opportunity to buy the concerning horses directly from the owner.
2. The organisation retains the right to alter the auction sequence of the horses for sale or to refuse persons as bidders/buyers without stating reasons.
3. The bidding shall occur in a manner to be decided by the organisation and shall be announced prior to the auction by the organisation. The organisation is entitled to refuse a bidder without stating its reasons. The horses will be sold during the auction by bidding in Euro currency, unless otherwise indicated, with minimum starting bid of €4.000,- for the not ridden horses and €6.000,- for the ridden horses.
4. Bids are made by digitally entering a bid. The horses will be sold outright, without proceedings or recompense, in the stated in which they were alocated.
5. Bidders/buyers are deemed to be legally competent and in full possession of their faculties. Every bidder/buyer is deemed to bid in his/her own name and is held to the bid until a higher bid is accepted and final. A bidder/buyer is, along with his/her eventual principal, fully responsible for non-fulfillment of his/her obligations.
6. A potential bidder/buyer will be held to his/her bid until a higher bid has been received. If the auctioneer awards a bid to a buyer, the relevant buyer is obliged to pay the amount due. In case of doubt concerning the validity of a bid, the previous bid can be accepted again, after which bidding can resume. In the event of any disputes arising with or during the bidding process, the decision of the notary shall be binding.
7. The organisation excludes any liability if a horse stated on the website is not offered for auction.
8. The organisation will have the right to correct inaccuracies in statements made orally and in writing on its behalf, and errors made otherwise, during the auction or not, without this leading to any liability.
9. The notary ascertains and, if necessary, records facts that occur during the auction. Possible disputes that relate to these facts are decided by the Notary in a binding manner based on his observations and recordings.
10. Biddingsteps: €4.000 - €6.000 > €250 €6.001 - €15.000 > €500 €15.001 - €50.000 > €1.000 €50.001 > €2.000

4. Consumers and online Purchase

For online purchases, Consumers have the legal right of withdrawal, based on article 6:230o of the Dutch Civil Code. This article gives consumers of an online purchase the legal right to dissolve an online purchase agreement within a period of fourteen (14) days, without stating reasons.

5. Settlement and payment

1. Immediately after allotment, the bidder/buyer shall sign a digital agreement of sale. If the agreement of sale is not immediately offered for signing to the bidder/buyer, then he/she must, directly after the auction, report to the secretary office.
2. The purchase agreement is concluded directly between seller and buyer. The auction costs that the buyer is obliged to fulfill become irrevocable and payable to the organisation immediately after the bid is awarded to the buyer.
3. Immediately after completion of the auction, the buyer is obliged to settle amounts. If a buyer should fail to comply with this obligation, the organisation shall be entitled not to recognize the bid and to declare the auction invalid, after which the purchased horse will again be made available for auction or alternatively the purchased horse is to be allocated to the second highest bidder. The buyer shall in this event be considered to be in legal default and shall be liable to compensate the organisation for any damage incurred without prejudice to any other rights that the organisation may have. These damages consist out of the difference between the amount of the original bid, to be increased with the auction costs, and the ultimately realized amount to be increased with the auction costs. The amount of damages is directly claimable.
4. The bidder/buyer must fulfill the purchase price (including VAT) to the seller. Contact details of the seller can be retrieved via the secretary office.
5. The bidder/buyer must immediately settle the auction costs due at the secretary office. The auction costs are calculated as 10% (excluding VAT) of the purchase price.

6. The auction costs for the seller are as follows: a fixed fee of 10% of the sales price with a minimum of € 500,- (excluding VAT) to be paid by the seller prior to the auction.
7. Seller is obliged to actually auction the horse. If he breaches this obligation, he must pay , without judicial intervention, to the organisation an immediately payable fine of €1.500,- , not susceptible for reduction, unless there is a case of force majeure as stipulated in the article below.

Force majeure includes the following circumstances:

a) Death of the horse
b) Veterinary reasons that by the exclusive assessment of the vet appointed thereto by the organisation, leads to the fact that the horse cannot be auctioned;
c) other circumstances that by the exclusive assessment of the organisation justify an appeal on force majeure.

6. Auction horses 

1. The horses offered in the auction are identified by origin, sex, color and year of birth, as stated on the website.
2. The organisation has strived to compile the website as accurately as possible. Pedigree information aims to give an impression of the quality of the horses without pretending to be exhaustive and therefore gives no guarantees.
3. It is the responsibility of the seller to control the accuracy of the information on the website that concerns the horse that he/she has put on offer and to write to the organisation in the person of the auctioneer 1 hour prior to the start of the auction in the event of any mistakes or inadequacies and bring to notice of such, with any changes or additions that are needed.
4. The horses to be sold in the auction have been found to be in good condition following a radiographic test conducted at a maximum of six months prior to the auction. Prior to the auction a standard clinical examination has been completed for all horses.
5. The veterinary findings can be provided upon request of potential buyers prior to the auction and a more detailed explanation can be provided by veterinarian Henk van Enckevoort.

7. Release and transfer of risk and ownership

1. Immediately after a bid on a horse has been accepted, any risks related to the purchased horse shall be transferred to the buyer and any responsibility and liability, as well as all risk factors, are transferred to the respective buyers. The buyer shall indemnify the organisation and seller from any claims brought by third parties.
2. The buyer need to organise the transport of the horse.
3. If a buyer finds that the horse purchased does not conform to the contract description after actual delivery, the buyer shall not be entitled to any recourse if the seller has not been informed thereof by registered letter within three weeks after the auction date (with a copy to the organisation).
4. In the event where a bidder/buyer detects stall vices in the horse purchased, whether crib-biting, weaving or wind-sucking, the bidder/buyer must, within 3 days after the transfer, notify the seller (with a copy to the organisation) in writing with a description in as much detail as possible of the nature of the stall vice. These stable vices must be examined by a veterinarian within 48 hours of delivery.

8. Liability

1. The organisation excludes, in so far as is legally permitted, any liability with respect to buyer, sellers and third parties and in particular, but not limited to, regarding the following cases.
2. De organisatie sluit elke aansprakelijkheid uit met betrekking tot de gezondheidstoestand van de te veilen paarden, daaronder mede verstaan met betrekking tot osteochondrotische afwijkingen in de knie- en spronggewrichten van het paard (hierna: “OC/OCD”).
3. The organisation is not liable for any accident or any type of damage to anyone in or close to the grounds or buildings where there is an opportunity to view or where the purchased foals/horses are collected. Entering these grounds and buildings is entirely at one’s own risk;
4. The organisation shall not be liable for consequential damage, such as damage in the form of loss of profits.
5. If the organisation can be held liable, her liability - to the extent it is covered by her liability insurance - is limited to the amount paid by the insurer. If, in any case, the insurer does not proceed to pay or if the damages are not covered by the insurer, the liability of the organisation is limited to the purchase price of the concerning good/goods.
6. The organisation is not responsible for misprints in the website in respect of the pedigree of the foal (these are the details on the breeding of the auction horses). The accuracy of this information is the responsibility of the seller.
7. Any right of action against the organisation expires after a period of twelve months after the good/goods have been delivered in accordance with the agreement to the buyer or have been made available to the buyer, unless the organisation was summoned to appear before a competent court within this period.
8. Exclusion of the organisation's liability is not applicable in the case where the organisation is accountable for intent or gross negligence by the organisation or her subordinates.

8. Disputes

In the event of disagreement on the interpretation of these terms and conditions, the Dutch text is binding. The legal relationship between the organisation and the buyer/seller are subject solely to Dutch law, with the complete exclusion of the Vienna Convention on Contracts for the International Sale of Goods (CISG). Disputes, other than those subject to the judgment of the auctioneer and the notary, shall be settled exclusively by the Court Oost Brabant in 's-Hertogenbosch.

Saturday 28th of november 2020| De Schutskooi Berlicum