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3
Bajonay Walkan by BERNAY / WOLKENTANZ
AGE 23.04.2020 (3-years)
COLOR Black-Bay
HEIGHT 171 cm
NATIONAL ID DE 456560361020
SEX MARE
BREED Deutsches Sportpferd
BREEDER Zuchtgemeinschaft Thomas / Zellmer
OWNER ZG Thomas / Zellmer
VAT 0.0%
Bernay Boston (NLD) Jazz
Sebora
Lady Leatherdale P Lord Loxley
Fairless P
Whyome Wolkentanz Weltmeyer
Lovely
Jurette Jura
Sektgrotte

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CONDITIONS OF SALE

for horses sold at auction in Marbach on October 29, 2023

 

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 ca- talogue, 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 speci- fications 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 cata- logue
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 mere- ly 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 inspec- ted and x-rayed by a veterinarian previous to the trans- port 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 ex- amining veterinarian has written a report on the fin- dings 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 charac- teristics 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 characte- ristics. The organiser points out that additional exami- nations are possible. If no additional examinations are carried out through the buyer, an inestimable, uncer- tain 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 or- ders 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 du- ring 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 abili- ties 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 trea- ted by a farrier as well as having gone through the se- lection process by the association. Any other training or achievements in competitions, breeding or achieve- ments 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 % 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 bank transfer (within one week ago).

 

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 trans- ferred to the buyer. He releases the seller and the or- ganiser 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 inju- ry 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 ap- ply 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 ma- ximum the hight of the insurance policy. For questions about our insurance please ask R+V Generalagentur Rupert Hermann, Fischbacher Str. 11, 79859 Schluch- see, 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 de- fect 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 ot- her 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 de- fects 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 dis- pensation.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 sel- ler or the organiser can be held responsible for minimal the negligent breach of duty or an intentional or gross- ly 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 mi- nimal the grossly negligent breach of duty or an inten- tional 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 veterina- ry 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 da- mage 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 ma- terial 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 with- drawal.

Claims on account of injury to life, body and health shall be excluded from all limitations of liability inclu- ding 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 sel- ler, 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 9,0 % 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 decla- red 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 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 behaviour.

 

N. Inclusion of the conditions of sale

These conditions of sale can be found in every catalo- gue 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 incon- sistencies.

 

The agency-based business transaction

The signed agreement for sale ist an important docu- ment. Please take it to our auction office. the purcha- ser’s settlement for the agency based business trans- action 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%

 

For interpretation the German version has to be ad- duced 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 performan- cefor duties from the contract is Marbach for both par- ties.

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

Marbach, September 20, 2023

 

The agency-based business transaction

The signed agreement for sale ist an important docu- ment. Please take it to our auction office. the purcha- ser’s settlement for the agency based business trans- action 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 = 9,0%
• 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:

 

Exhibitor‘s sale tax ratehobby/privat 0%flat tax farmer 9,0%commercial 19%
Knock-down price plus10.000,00 EUR10.000,00 EUR10.000,00 EUR
exihibitor‘s sales taxes.-900,00 EUR1.900,00 EUR
Subtotal 110.000,00 EUR10.950,00 EUR11.900,00 EUR
auction fee600,00 EUR600,00 EUR600,00 EUR
+ 19 % VAT.114,00 EUR114,00 EUR114,00 EUR
Subtotal 210.714,00 EUR11.614,00 EUR12.614,00 EUR
Insurance 1,75 % from subtotal 2187,50 EUR203,25 EUR226,75 EUR
+ 19 % Insurance VAT35,63 EUR38,62 EUR41,94 EUR
Total10.937,13 EUR11.855,87 EUR12.876,69 EUR

 

Informations for clients from other countries

For foreign clients the billed sales tas rate from farmers using a flat tax (9,0%) cannot be refunded in Germany, as the tax from the exhibitior does not get paid to the tax authorities. Upon presentation ot the required do- cuments, 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 comme- rical 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

Mare blessed with a lot of frame, opulent movement options and an impressive silhouette for the large dressage square. Her sire won S***, her dam was successful up to M**. Already placed high in a riding horse test.

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