A. General terms and conditions
The event will be organised by the horse breeding
association Baden-Württemberg, Am Dolderbach 11,
72532 Marbach, subsequently called association. The
association sells horses, which can be found in the catalogue,
in the name of the exhibitor, also found in the
catalogue, on their account as a commission agent by
means of public sale in the way of auction described
in the German civil code (BGB) under the paragraphs
§§ 312 g section. 2 sub section 10, 383 section 3, 474
section 2 sub section 2. The auction will be led through
a publicly appointed and sworn auctioneer as per § 34 b
section 5 trade order (GewO). The auctioneer will take
offers in euro and decide on the knock-down.
B. Sales tax liability
The hight of the sales tax liability for each exhibitor can
be found in the catalogue. Where there are no specifications
to the hight of sales tax, the exhibitor is not
liable to pay any.
At the time of risk transfer the horses will have following
characteristics stipulated by contract.
1. General characteristics
a. Pedigree as stated in the catalogue
b. sex, colour and year of birth as stated in the catalogue
c. pedigrees are attested by breeding certificates which
will be handed over to the buyer when the horse has
been paid Additional information in the catalogue such
as illustrations of the animals, a short commentary or
aural description during presentation is not part of the
characteristics stipulated by contract. These are merely
subjective opinions stated by the exhibitor.
Especially statements to the future abilities in show
jumping, eventing or dressage are classed as such. No
agreement regarding any ability of the animals will be
2. Health Characteristics: Animals are clinically inspected
and x-rayed by a veterinarian previous to the transport
to the event. X-rays will include the usual takes
(front legs: hoof 90°, third phalanx lateral 90° as well
as navicular both sides; Hind legs:
third phalanx lateral 90°, both hocks (approximately
0°,45°,115°), back (Withers and saddle area). The examining
veterinarian has written a report on the findings
of the examination which can be inspected by
potential buyers in the auction office. The objective
findings of the clinical report, as well as the objective
findings of the x-rays are taken as the health characteristics
at the time of examination. As far as there are
any evaluations or prognoses in the report, these will
not be part of the agreement of the health characteristics.
The organiser points out that additional examinations
are possible. If no additional examinations are
carried out through the buyer, an inestimable, uncertain
condition is accepted for body parts not examined.
It is pointed out that additional x-rays are possible. If
no additional x-rays are carried out on the buyers orders
an inestimable, uncertain condition is accepted
for body parts not x-rayed.
In case of a licensed stallion the ability to cover and
fertilize the mare is regarded as a stipulated condition.
3. Latest health impairments or a substantial alteration
to the information in the catalogue will be voiced during
the event by the auctioneer and the sales advisors
or will be posted in the auction office.
D. Intended use/Warranty
The seller will not give any warranty. Especially not for
special traits and intended use as well as future abilities
to perform in sport or breeding.
E. State of use
All horses are used at least as far as being lead on a
head collar, transported, vaccinated, wormed and treated
by a farrier as well as having gone through the selection
process by the association. Any other training
or achievements in competitions, breeding or achievements
of offspring will be stated in the catalogue or by
the auctioneer or the sales advisors.
F. Settlement, payment and pickup of the horses
The account will be rendered as follows: knock-down
price plus value added tax if applicable, 6 % commission
on the knock-down price plus value added tax
on the commission, 1,75 % insurance premium plus
insurance tax on the gross price. The total amount is
to be paid to the association, who is authorised by the
exhibitor to collect the bill, in the auction office on the
day of auction in cash or via bank transfer (within one
The pickup of the purchased horses has to be done
latest at the day after the auction. In exeptional case
the horses can stay at the auction place/the Marbach
state. The transfer of risk (item G) remains unaffected.
The In every case a pension contract has to be made
with the stable owner.
G. Transfer of risk
With the knock-down of the horse the risk is transferred
to the buyer. He releases the seller and the organiser
from any claims of third parties. An eventual
liability of the seller or the organiser their legal representative
or their vicarious agent on account of injury
to life, body and health shall be limited to at least
grossly negligent breach of duty.
Horses are insured for permanent loss of use, death
and euthanasia at the Vereinigten Tierversicherung a.
G. (VTV) to the gross price (see above) and maximum
to 100.000,00 €. The insurance cover ends 3 months
after knock-down. The buyer has the possibility to apply
to the VTV for extension of the insurance on his
own account. In that case there is no need to have the
horse vetted again, the coverage of the VTV is in an
insurance case 80 % of the value of the horse and maximum
the hight of the insurance policy. For questions
about our insurance please ask R+V Generalagentur
Rupert Hermann, Giersbühlstr. 12, 79859 Schluchsee,
Tel. (0 76 56) 9 88 99 00, www.rupert-hermann.ruv.de
I. Damage claims/Material defect liability
All rights arising from product defects and material defect
liability are excluded during the sale of the horses
unless they are under C) characteristics stipulated.
The exclusion is not valid in case of injury to life, body
and health if the seller or the organiser can be held
responsible for minimal the negligent breach of duty
or an intentional or grossly negligent breach of duty
on the part of the seller, their legal representative or
their vicarious agent. The exclusion is not valid for other
damages if the seller or the organiser can be held
responsible for minimal the grossly negligent breach of
duty or an intentional or grossly negligent breach of
duty on the part of the seller, their legal representative
or their vicarious agent.
Should there be any rights arising from product defects
or defect liability, the seller has the right to make
amends after the choosing of the buyer. Are the claims
of the buyer unreasonable or not possible, the buyer
agrees that the seller categorically has the right to dispensation.
All amendments will be made at the place of
the organiser in Marbach.
All damage claims are excluded. The exclusion is not
valid in case of injury to life, body and health if the seller
or the organiser can be held responsible for minimal
the negligent breach of duty or an intentional or grossly
negligent breach of duty on the part of the seller,
their legal representative or their vicarious agent. The
exclusion is not valid for other damage claims if the
seller or the organiser can be held responsible for minimal
the grossly negligent breach of duty or an intentional
or grossly negligent breach of duty on the part
of the seller, the organiser, their legal representative or
their vicarious agent.
Necessary expenses are eligible for compensation: In
case of withdrawal from the contract the seller owes
the repayment of the sales price, the compensation for
feed and stabling, farrier as well as necessary veterinary
treatment. Claims of the seller for use of the horse
or possible loss of value do not interfere with this.
Eventual rights arising from product defects and damage
claims are to be addressed to the organiser as
representative for the exhibitor. The organiser will deal
with damage claims and inform the exhibitor.
J. Statute of limitations
Claims on account of material defects, especially material
defects liability shall expire after eight weeks
from the knock down.
Claims on account of withdrawal from the contract
shall expire after eight weeks from declaration of withdrawal.
Claims on account of injury to life, body and health
shall be excluded from all limitations of liability including
the statute of limitation if the organiser or seller,
their legal representative or their vicarious agent can
be held responsible for negligent breach of duty. Also
excluded are other claims resulting from intentional or
grossly negligent breach of duty on the part of the seller,
their legal representative or their vicarious agent.
K. Right of withdrawal
For horses whose vendor is classified as an entrepreneur,
i.e. the horses that are marked with a sales tax
rate of 9,5 % or 19 %, and whose buyer is a consumer
and the sale is made exclusively by means of distance
communication (online bidding), a right of withdrawal
of 14 days applies.
The withdrawal period starts from the day on which
the buyer or a third party named by him, who is not the
transporter, has taken possession of the horse. If the
buyer withdraws from the contract, the vendor must
reimburse all payments received from the buyer within
14 days. The buyer in turn must return the horse to the
vendor within 14 days from the date of the withdrawal.
A revocation is only valid in writing and must be declared
to the auction organiser.
If the bought horse is remaining on the premises of
the event or on the main and state stud Marbach, the
buyer is agreeing to a livery contract on the terms and
conditions of the respective premises.
M. Collection of the horse
No horse may be removed from the premises until the
payment to the association has been settled/ organised.
The horse may only be removed from the premises
with an exit voucher issued by the auction office. If the
buyer is accepting help from the seller or organiser,
their staff or vicarious agent this is on their own risk.
Liability only exists for injury to life, body and health
caused through minimal negligent behaviour or other
damages caused through minimal grossly negligent
N. Inclusion of the conditions of sale
These conditions of sale can be found in every catalogue
and are posted in the auction office. They are part
of the sales contract.
O. Priority to the German version
Should these conditions exist in multiple languages
the German version is valid only in case of any inconsistencies.
For interpretation the German version has to be adduced
authoritatively also for interpreting the English
P. Application of law/ Severability clause
The German law as in ZPO, GVG, BGB and the HGB
counts should there be any arguments regarding the
If the buyer is a merchant Marbach shall be the place of
delivery and of jurisdiction. The place of performance
for duties from the contract is Marbach for both parties.
Should one of the conditions of sale be partly or completely
invalid, other conditions shall not be affected.
The agency-based business transaction
The signed agreement for sale ist an important document.
Please take it to our auction office. the purchaser’s
settlement for the agency based business transaction
will be issued as follows:
The exhibitiors sales tax rate gets added to the knockdown
price. This individual tax rate:
• commercial or farmer opting to tax= 19%
Marbach, September 20, 2022