Conditions of sale

for horses sold at auction in Marbach on May 11, 2024

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. The auction will be held as a live auction, also you can register for online bidding.

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.

C. Characteristics

At the time of risk transfer the horses will have follo- wing 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 made.

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°), stifles, 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.

3. Latest health impairments or a substantial altera- tion 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 catalo- gue 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% commis- sion 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 cheque accredited by the bank. If the buyer will, due to special arrange- ments, pay by bank transfer, following arrangements regarding the collection of the horse are pointed out.

The invoice will be sent by email immediately after the auction. The total amount must be paid by
bank transfer or in cash to the association, which is authorized by the exhibitor to carry out the collection on its own behalf. The horse will only be handed over/ picked up once the invoice amount has been received in full.

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 trans- ferred to the buyer. He releases the seller and the organiser from any claims of third parties. An even- tual 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.

H. Insurance

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, Fischbacher Straße 11, 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 mate-
rial 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 orga- niser 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 intentio- nal 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 dama-

ge 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 entrepre- neur, i.e. the horses that are marked with a sales tax rate of 9% 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.

L. Stabling

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 organi- ser, 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 behaviour.

N. Inclusion of the conditions of sale

These conditions of sale can be found in every cata- logue 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 langua- ges 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 version.

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 sales contract.

If the buyer is a merchant Marbach shall be the place of delivery and of jurisdiction. The place of perfor- mance for duties from the contract is Marbach for both parties.

Should one of the conditions of sale be partly or com- pletely invalid, other conditions shall not be affected.

Marbach, April 8, 2024

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 knock- down price. This individual tax rate:

• commercial or farmer opting to tax= 19%
• flat tax farmer = 9%
• hobby breeder/private= 0%
• commercial seller from the European Union
= individual tax rate of the corresponding country
will be published in the catalogue with the pedigree of horse.

The purchasers settlement will be issued as follows:

Informations for clients from other countries

For foreign clients the billed sales tas rate from farmers

using a flat tax (9,5%) cannot be refunded

in Germany, as the tax from the exhibitior does not get paid to the tax authorities. Upon presentation

ot the required documents, exemption from sales tax may be granted to calculate the auction

fee. there will be no changes with exemption from sales tax if the exhibitior

is a commerical farmer (19%) or opting to tax (19%).

Furthermore, you have to arrange

export details and make transport decisisons as soon as

possible after the purchase.

More questions? Please contact our auction office

 Conditions of sale for frozen semen

Pferdezuchtverband Baden-Württemberg e.V.

1. Preamble

The Pferdezuchtverband Baden-Württemberg e.V. (organizer) is auctioning frozen semen from the stallion Heraldik xx as part of the DSP Eventers auction in Marbach on May 11, 2024. This is a public auction open to everyone. The straw is offered on behalf of the exhibitors (sellers). The purchase contract (§ 433 BGB) is concluded between the exhibitor as seller and the bidder participating in the campaign as buyer. By registering, the online participant accepts these conditions of sale. By participating in the auction, every bidder accepts the conditions of sale.

The conditions of sale apply exclusively. Conflicting or deviating conditions will not be recognized. This also applies if the organizer or exhibitor carries out the delivery without reservation despite being aware of conflicting or different conditions of the buyer. All agreements made between the organizer and the buyer as well as the exhibitor and the buyer for the purpose of executing a concluded contract are based on these auction conditions. The auction conditions generally apply in the same way to entrepreneurs (§ 14 BGB) and to consumers (§ 13 BGB), unless their validity is expressly limited with regard to individual clauses in their scope of application. The provisions of consumer goods sales law do not apply. This means that commercially active sellers can also effectively agree to an exclusion of liability and a relief from the statute of limitations with purchasing consumers and the reversal of the burden of proof under Section 477 of the German Civil Code (BGB) does not apply. This is used below in Sections XIV and XVII of these auction conditions. The pre-contractual information obligations with regard to the condition of the purchased item from Section 476 Paragraph 1 BGB also do not apply.

1. Participation in the auction

In order to take part in the hybrid auction online, the bidder must register on the website pzvbw.hsr-auktion.de. There is no right to participate. The organizer reserves the right to block individual participants from participating in the auction if there are important reasons. A registration can be deleted from the participant's profile at any time without giving reasons. In this case, all registered data will be permanently deleted.

Participants can be natural or legal persons. Natural persons can only register for use if they are of legal age and have unlimited legal capacity. Legal persons must specifically include the natural persons authorized to represent them, e.g. B. Name managing directors or board members with their full name, address and type of representation. The participant can terminate the participation contract at any time without giving reasons. The organizer will then immediately deactivate access with the associated password. Auctions that have not been completed and in which the participant has submitted a bid will still be completed according to the terms and conditions.

In addition to the participant's IP address, the organizer and third parties commissioned by the organizer can also store and process their data, although the data may only be passed on to the seller and vicarious agents of the organizer.

1. Conclusion of the purchase contract

The bidder with the highest bid live or online is accepted by the auctioneer, which means the purchase contract is concluded. For bidders present live on site, the winning bid is confirmed by filling out and signing the buyer's form; for online bidders, this is done via a confirmation email.

1. bids

Bidding takes place in euros. The starting bid is 500 euros; only additional bids of at least 200 euros will be accepted. The winning bid is considered the net price.

1. Purchase Fulfillment

The first buyer is liable for the consequences of his refusal to fulfill the purchase contract.

1. Billing

The settlement price has been irrevocably assigned by the seller to the organizer for collection and the latter has accepted the assignment. It is composed as follows:

Hammer price + 7% VAT + 10% auction fee (plus 19% VAT) = settlement price

Payment of the billing price is due with a surcharge and must be paid by bank transfer after receipt of the invoice. The frozen semen must be picked up within 8 weeks of the surcharge or will continue to be stored at Gestüt Birkhof for an appropriate fee. Submission of the TG sperm is only possible on the basis of the TierZDW and the EU regulations (EU) 2016/429 and 2020/686). Until the invoice amount has been paid in full to the organizer, the seller reserves ownership of the frozen semen (TG) in accordance with Section 449 of the German Civil Code (BGB).

1. Quality agreement

It is a macro straw (approx. 5 ml content) produced in 2002 by the stallion Heraldik xx. The semen was collected at a national insemination center and can be used nationally. There is no guarantee of shipping to countries outside the Federal Republic of Germany. The straw is free for use with ICSI. The proper production and storage of the straw was or is guaranteed. The organizer assumes no liability for the fertilizability of the frozen sperm. Any descriptions that go beyond this information are expressly not part of the quality.

1. Used condition

The frozen semen offered is used goods. So-called thinner was added to the semen and then subjected to a standardized freezing process in liquid nitrogen.

1. Disclaimer

Unless any qualities have been agreed upon above, the sale of the frozen semen is subject to the exclusion of any rights relating to defects and any liability for material defects. This does not apply to liability for damages resulting from injury to life, body or health that are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller. The exclusion of liability also does not apply to other damages that are based on at least a grossly negligent breach of duty by the seller or his legal representative or his vicarious agents.

1. Notification of defects

In order to protect his warranty claims, the buyer is obliged to report defects to the seller in text form within a preclusion period of 4 weeks after the transfer of risk. The receipt of the notice of defect by the seller is decisive for meeting the deadline.

1. Subsequent fulfillment

Subsequent fulfillment is not possible as this is the last frozen semen from the stallion Heraldik xx available from the seller.

1. Further liability for material defects

In the event of withdrawal, the seller owes the contract to be reversed by repaying the settlement price and reimbursement of necessary storage costs. The seller's claims for compensation due to deterioration of the frozen semen (TG) remain expressly unaffected by this regulation. Under no circumstances does the seller owe the buyer compensation for veterinary costs incurred as part of a planned or carried out insemination. Otherwise, the buyer's claims for damages are excluded if the contractual relationship is reversed. This does not apply if the seller or its legal representatives or vicarious agents are liable for damages resulting from injury to life, body or health due to a breach of duty that is at least negligent, or if their legal representatives or their vicarious agents are liable for other damages due to a breach of duty that is at least grossly negligent .

1. Liability of the organizer

Any liability of the organizer arising from the brokered purchase contract is excluded. The exclusion of liability does not apply to personal injury due to injury to life, body or health that is based on at least a negligent breach of duty by the organizer or an intentional or negligent breach of duty by his legal representative or vicarious agent. This also does not apply to other damages that are based on a grossly negligent breach of duty by the organizer or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the organizer.

1. Statute of Limitation

In the event of a purchase of consumer goods, the seller's liability period for any defects, including possible claims for damages, is, in deviation from the legal regulation of Section 438 Paragraph 1 No. 3 BGB, one year after the handover of the TG sperm. The seller is not liable for a defect that becomes apparent after the one-year period has expired. The shortening of the limitation period does not apply if the seller or his legal representative or his vicarious agent is liable for damages resulting from injury to life, body or health due to at least a negligent breach of duty or the seller or his legal representative or his vicarious agent is liable for other damages due to this liable for at least a grossly negligent breach of duty.

1. Transfer of risk

When the auctioneer accepts the bid, the risk for the frozen semen purchased is transferred to the buyer.

1. German law

Non-uniform German law applies to all rights and obligations arising from and in connection with the contractual relationship, namely the law of the BGB/HGB. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG Convention of the United Nations on Contracts for the International Sale of Goods of April 11, 1980) is excluded.

1. Jurisdiction

The place of performance and jurisdiction for all disputes between the buyer and the seller, including those arising from transferred law, is the seller's registered office. This agreement on the place of jurisdiction applies if the buyer is a merchant, a legal entity under public law or a special fund under public law.

1. Precedence of the German version

The auction conditions are available in German and English versions. In the event of deviations or contradictions, the German version alone applies. In the case of interpretations, the German version must also be used for the interpretation of the English version and is authoritative.

1. Severability clause

If individual provisions of the auction conditions are or become ineffective, the remaining conditions remain in effect.