conditions of the auction

Auction regulations valid in the year 2023.

 

These terms and conditions are valid for all buyers and sellers. The Dutch version is binding, all translations are purely informative.

 

1. Registration and selection:

 

As an auction organization we make a selection and assess the horses on the basis of:

 

their lineage

their qualities as a sport horse or breeding animal

their medical health

the expectations in the trade, the salability at our auction.

 

The selection to the auction proceeds in three phases. By registering, the seller undertakes to offer the horse for the three phases of the selection and at the auction, insofar as the horse remains accepted by the auction organization after each phase.

 

When registering for the selection, the seller pays 200 euros registration fee + VAT.

The registration is with the passport of the horse, the pedigree, the own achievements, the achievements by relatives, photos and film material, height at the withers, the color, and all useful information regarding the horse, and the details of the seller.

The seller specifies the minimum amount for sale. This will not be published.

 

Presentation of the full medical examination, as required by the auction organisation. Medical approval is a condition to participate in the auction. Medical clearance is also a requirement for inclusion in the group insurance. For this, the insurance requires a medical report of a maximum of one month old at the start of the insurance. If the medical report used for the medical selection is older than one month, it is sufficient to have the veterinarian confirm that the medical condition has not changed. The vet confirms with the date and signature on the original medical report. The form for the medical examination can be found on the website.

 

Presentation of the horse to the representative of the safety organization. Efforts are made to find a nice location in the seller's country at a maximum of one hundred kilometers from the horse's stable. The representative of the safety organization determines the place, day and time.

 

Copies are accepted at registration and for selections. Before the start of the auction, all original documents must be at the secretariat. At online auctions, the original documents must be shown when the horse is presented to the representative of the safe organization. Failure to deliver the originals or to deliver them on time is equivalent to not offering the horse at the auction.

 

The seller will supply photos and film material of the accepted horses for publication on the auction website. The security organization itself may at any time take photos and film material for use on the website, and decide which to publish.

 

The accepted horses are listed in the online catalog in a random order.

 

The safe organization takes out collective insurance for all accepted horses for death, humane euthanasia, theft & colic. Each horse is insured for 20,000 euros for 8 weeks, starting one week before the auction. The group policy conditions of the insurance company apply. The costs for this insurance are paid by the seller to the organizer before the start of this insurance.

 

2. The auction, commission and auction costs:

 

Public auction law applies. This includes:

The auction is conducted under the direction and/or supervision of a civil-law notary (or bailiff).

The horses can be viewed in advance. Consequently, the buyer is deemed to have been fully, personally and under his own responsibility, informed about the condition of the horses.

The bidding is by bidding, with increases as stated below.

The seller can decide to stop the sale until just before the horse is allocated. Once allocated, the sale is final.

Until the allocation becomes final or the sale is terminated, each bidder remains bound by his bid.

Anyone who makes a valid bid during a public auction is deemed to be able to maintain this bid and to bear the consequences of the sale.

The buyer buys the goods as they are, without warranty and right of withdrawal.

Responsibility passes to the purchaser at the time of assignment, the enjoyment comes to the purchaser from the moment of delivery.

 

The seller shows the horses:

For physical auctions starting from 6 pm or later: in the stables near the auction hall on the day of the auction from 2 pm to two hours before the start of the auction.

For physical auctions starting at 3 pm: in the stables near the auction hall on the day of the auction from 10 am to 1 pm.

For online auctions at the stable address during two consecutive Saturdays from 2 pm to 6 pm, being the last two Saturdays prior to the start of the online auction. The stable address is listed on the website of the safety organization.

 

All the horses are being used at the auction for 7,500 euros. If there is no interest in the horse for an amount of 7,500 euros, it will not be sold in the first convocation.

If in the first convocation is not sold, or the highest bid is lower than the minimum amount, the seller may present the horse a second time on the same day after all horses have been presented the first time. This is only possible at physical auctions. The bet amount for this second performance is a minimum of 5,000 euros, but never lower than the highest bid in the first convocation. After all, the bidders of the first convocation are bound by their offer until the horse is assigned or until the horse is withdrawn from the sale.

 

Increase the bids by the following amounts per bid made:

• Up to 25,000 € the increase is 500 € per bid.

• Between €25,000 and €50,000 the increase is €1,000 per bid.

• Between €50,000 and €100,000, the increase is €2,500 per bid.

• Between €100,000 and €250,000, the increase is €5,000 per bid.

• Above 250,000 € the increase is 10,000 € per bid.

The auctioneer may deviate from this.

 

The bids are always without VAT. The amount of allocation is subject to VAT regulations if the seller is liable for VAT.

 

The horse is awarded to the highest bidder. If allocation to the highest bidder is not possible, it will be allocated to the second highest bidder. In the event of a dispute or uncertainty, no award will be made, but the bidding will be resumed immediately. The civil-law notary (or bailiff) acts here as an intermediary and determines the amount from which the bids are resumed.

 

The seller pays the following commission to the auction organization, based on the amount of allotment:

• 4% commission on physical auctions, and 2% on online auctions. The commission is subject to VAT regulations.

 

The buyer pays 10% auction fee on the amount of allotment. The auction costs are subject to VAT regulations.

 

During the auction, the seller can decide to allocate an amount lower than the desired minimum amount, or not to allocate if the desired minimum amount has been reached.

• If a horse is not sold for the stipulated minimum amount, the seller does not owe any commission.

• If the desired minimum amount or higher is offered and the seller still withdraws the horse from the sale, the seller owes compensation equal to the commission that he himself would normally have owed, increased by the amount that the buyer would normally have paid at auction costs. This compensation can never be less than five thousand euros (5.000 €).

The registration fee, the commission, the auction costs and the compensation are owed to the organization. These amounts are subject to VAT regulations.

 

3. Miscellaneous:

From assignment of the horse to collection, the seller takes care of the horse with due care.

 

All bids and payments are made in Euros only. All monies, both from the buyer and the seller, are due immediately upon assignment, or upon withdrawal from the auction or sale.

 

VAT will always be charged on the settlement, except on the amount of allocation if the seller is not liable for VAT. In the case of export, this is a provisional charge as security for this amount. In case of export of the horse, the buyer will present a valid export document to the organization within 3 months after the auction, on pain of the final charging of VAT.

 

Neither the seller nor the buyer can derive any rights from the fact that the auction organization has selected the horses and, if necessary, subjected them to a veterinary examination at its request.

 

The information about the horses is only intended to give an impression of the qualities of the horses, without pretending to be complete and without giving any guarantees. When describing a lot, the organization depends on the information provided by a seller or third parties. The organization is not liable for any printing errors and/or material mistakes on its website and/or (online) catalog.

 

The organization is not a party to the purchase/sale relationship of the horse offered for sale. The organization acts as an auction service and as an intermediary between the seller and the buyer of the horse. The organization, preparation and execution of the auction are determined solely by the organization. This means, among other things, that the organization determines the course of events prior to and during the auction and has the authority not to auction one or more horses or, not to recognize and declare a bid invalid, to suspend or resume the auction. , extend or cancel and/or take other measures it deems necessary.

 

The buyer will collect the horse from the seller, at the latest within two weeks after the allocation, after he has made full payment into the third-party account of the successive notary (or bailiff). The organization will inform the buyer and seller that the horse can be picked up. The buyer communicates the day and time that he will pick up the horse two days in advance. If the horse is not collected during these two weeks, the seller may charge the buyer a stable fee of 25 € per day from the 15th day after the auction.

Foals must be at least 120 days old before they can leave the mother. If a foal is younger than 120 days on the day of the auction, the collection period starts on the day the foal reaches the age of 120 days.

The payment by the buyer must in all cases arrive at the third-party account of the successive notary (or bailiff) within two weeks after the allocation. In case of late payment, the organization will charge 25 euros per day of delay, with a minimum of 500 euros.

 

If the organization does not receive payment from the buyer within two months after the auction, the seller is free to start a recovery procedure against the buyer, or he can ask the organization to cancel the sale due to non-payment.

The costs associated with the recovery procedure are borne by the buyer insofar as they are recoverable by the seller. These costs are initially borne by the seller. If no payment can be obtained through this collection procedure, he asks the organization to cancel the purchase. If the sale is nullified, and the seller owes no commission to the organization.

If the sale is canceled due to non-payment without a recovery procedure being initiated, the seller will still owe commission, except in the event of bankruptcy or established insolvency of the buyer.

 

The nullification of a sale or purchase is determined by the relevant civil-law notary (or bailiff) of the auction, and reports this in an additional auction report. The request to cancel a sale or purchase is put to the organization.

 

Participating in the selections and the auction are the sole responsibility of the seller. He declares that he has taken out valid liability insurance for damage to third parties. In case of damage, of whatever nature, he will in any case indemnify the organization for all damage amounts higher than the registration fee. 

 

Health certificate:

 

The presence of a health certificate for intra-Community movements of horses is mandatory. The seller ensures at his expense that the health certificate is available for transport to and from the auction site.

Before collecting the horse, the buyer asks the seller to provide the health certificate if a health certificate is required. This is at the buyer's expense.

 

If no health certificate can be obtained, the owner will inform the organization and the reason for this on a report from the veterinarian who refuses to provide the health certificate.

 

If no health certificate can be obtained for participation in a physical auction, the horse will be offered at the next auction of the organization. At the auction it is stated that the horse in question is not present.

If an effective auction is not possible within one hundred days of the original auction date, or if a health certificate cannot yet be delivered or if the organization does not organize another physical or online auction, it will be regarded as force majeure and the seller will not owe any compensation.

 

If no health certificate can be obtained for the delivery within one hundred days after the auction, the buyer can request that the purchase be canceled due to non-delivery of the horse. The normal commission payable by the seller is retained.

 

The seller cannot charge extra stable costs if the delay in delivery is caused by not obtaining the necessary health certificate for the horse

 

Any dispute arising from this auction and its consequences is exclusively governed by Belgian law to the exclusion of the provisions of the Vienna Sales Convention on international sales. Only the courts that have jurisdiction at the place of the registered office of the auction organization have exclusive jurisdiction to hear any disputes that may arise.

 

www.DressageHorse.Auction and www.JumpingHorse.Auction are the names of websites and auctions of Dressage Horse Auction bv, Kerkgate 7, 9700 Mater, Belgium, company number 0783.814.537.

 

The buyer and seller confirm by participating in the auction that they have consulted, know and accept the auction conditions.

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