General Terms and Conditions
1. General Information
ESI Trading GmbH is the organizer of the auction and sells the foals described in the auction
catalogue on behalf of the owner/exhibitor as a commission agent.
The foals will be offered for sale in Euro. Bidding will begin at Euro 3000. The highest bidder
wins. Only bids of at least Euro 200 will be accepted. In case any doubts should arise as to
the validity of the knock down, the offer for sale can be taken up again. Objections should
be claimed at once, latest until the last foal of the auction was sold. The organizer’s agent,
the auction management and the auctioneer will decide on the validity of the knockdown.
3. Settlement and payment
The account will be rendered as follows:
plus Exhibitor´s salex ax
Auction fee ESI (6 %)
plus 19% VAT
Insurance (2 %)
plus 19 % Insurance VAT
Final balance amount
· for farmers is 10,7 %,
· for commercial horse breeders 19 %,
· for private persons 0 %.
The rates are published for each foal. Payment has to be effected in cash, by check or by
direct debit authority to the organizer in the auction office.
Each foal in insured to the amount of the gross price (max. Euro 25.000), covering the risks
of death, euthanasia and permanent disability incl. damages of an injury because of ataxia
and injuries of the tendons. 80 % will be refunded to the buyer. The insurance coverage
starts in the moment of the knock down and ends when the foal will be six months old,
latest on December 31, 2016.
5. Taking delivery and transfer of risk
In the case of foals, the risk passes to the buyer when the buyer takes delivery of the foal.
Delivery of the foal must be taken by the buyer at the latest siy months after teh birth of
the foal at the domicile of the vendor. In agreement with the vendor, the buyer may take
delivery of the foal at an earlier date: Until delivery of the foal is taken, the vendor bears
the risk and the costs for keeping the foal, including exprenses for veterinarians and farriers.
The date for taking delivery is to be agreed upon between the vendor and the buyer. If
the buyer is in arrears in taking delivery of the foal, the risk of coincidental dprediation or
loss of the foal passes at this date to the buyer along with expenses for keeping the foal,
ingluding veterinary and farrier costs.
Should there be any differences as to the state of health etc. between seller and buyer
when the foal is handed over, the Tierklinik Janetzko & Lange, Varrelbusch has to be contactet.
The decisions of this Tierklinik Janetzko & Lange, Varrelbusch are obligatory for
buyer and seller. The costs of the veterinarian clinic have to be borne by the buyer.
A foal handed over to buyers by the vendor before the knock down price has been paid in
full is at the risk of the vendor.
Details in the auction catalogue about age, sex, colour and pedigree of the foals are the
only characteristics agreed upon in the contract. Material defects, as far as they are known
at the time of the auction, shall be announced by the auctioneer.
Claims must be directed in writing to the seller and in copy to the organizer.
Replacement for the purposes of suplementary perfor mance shall be excluded.
Should claims for withdrawal become valid, claims for damages shall be excluded. All damage
claims shall be limited to transport costs from the auction stables to the buyer’s
stables within Germany and customary costs of stabling and feeding. Claims on account of
material defects shall become time-barred within one year after passing of risk for consumers
in terms of section 13 of German Civil Code (BGB) and within six months after passing
of risk if the buyer is an entrepreneur.
Damage claims of the buyer on account of injury to life, body and health shall be excluded
from all limitations of liability including the statute of limitation if the seller can be held
responsible for the breach of duty; also excluded is the liability for other damages resulting
from intentional or grossly negligent breach of duty on the part of the seller, their legal
representative or their vicarious agent.
7. Severability clause and Priority
Should certain regulations or parts of the regulations mentioned in this contract become
inoperative, the other arrangements of this contract will not be effected. In fact
of not being operative, the inoperative regulation should be exchanged against one which
comes very close to the contract’s purpose.
These general terms and conditions are available in German and English. In case of any objection
the German version is exclusively valid; for the interpretation of the English version
the interpretation of the German version shall be the authorative version.