Auction terms and conditions
A. General Information
We, AOS-Ankumer Open Sales GmbH (hereinafter referred to as A.O.S or organiser) Münsterlandstr. 51, 49439 Steinfeld (entered in the Register of Companies at the District Court (Amtsgericht) Oldenburg under HRB 208582), are the organisers of the auction and sell the horses in our own name and for our own account or in our own name and on the vendor's account (commission business). This auction is a public auction within the definition of § 474, Section 1 Sentence 2 of the German Civil Code (BGB), in which horses are sold as second-hand goods, according to legal terminology. The regulations of selling consumer goods (§§ 474 ff. German Civil Code) cannot be applied. For foals, in so far as they are considered as new goods in a legal sense, the separate conditions listed in these auction terms and conditions apply.
As the organiser of the purchase agreement with the purchaser as well as of the legal relationship with the bidder, we take these auction conditions, hereinafter known as General Terms and Conditions. as a basis.
Our General Terms and Conditions shall apply exclusively; we do not recognize any conflicting conditions or conditions deviating from our General Terms and Conditions unless we have explicitly confirmed their validity in writing. Our General Terms and Conditions shall also apply if we fulfil delivery without reservation even though we are aware of conflicting conditions or conditions of the purchaser which deviate from our General Terms and Conditions.
All agreements reached between us and the purchaser for the purpose of the execution of an agreed contract shall be set forth in these General Terms and Conditions.
We reserve ownership and copyrights to any and all images, videos, drawings, descriptions and other documents that have been created or used by us for the auction. Before revealing them to third parties, the purchaser, the bidder or any other third party needs our express written consent.
Our General Terms and Conditions apply in principle in the same way towards companies (§ 14 German Civil Code) and towards consumers (§ 13 German Civil Code), unless their validity is explicitly limited in terms of individual clauses in its scope.
Before the auction takes place, the organiser issues a catalogue, in which the upcoming horses for the auction are pictured and described.
B. Auction / Purchase ote
During the auction, the horses for sale will be presented under saddle or in hand. Offers for the horses are made in euros. The A.O.S fixes a minimum bid for each horse before the start of the respective auction with the auctioneer. The bids have to exceed the previous bid by at least 250, euros, if the auctioneer has not defined a different increment.
If a buyer’s bid is accepted with the knockdown, then with this knockdown, the contractual relationship between the buyer and the A.O.S., under these terms and conditions, is realised. The buyer is obliged to sign a purchase note, in which the buyer, the object of purchase along with the catalogue number and the amount of the bid are stated.
Should any doubts arise as to the validity of the knockdown, they have to be declared at once and the acceptance of the bid can be revoked. Following the decision of the A.O.S, the auction can then be taken up again. This is also admissible if the purchase note has already been signed. If the buyer does not sign the purchase note, the horse can be auctioned once again, at the discretion of the organiser.
C. Settlement and Payment
Knockdown prices are net prices.
The buyer owes the purchase price, which is made up of the knockdown price plus VAT. The VAT shall be added to the knockdown price and may vary - depending on the assessment of the vendor.
In principle, the bidding price applies to collection by the purchaser from the location of the auction. .
The dispatch of the auctioned horse does not take place upon request of the purchaser. We are however prepared, upon request, to name without obligation several transporters with contact details to choose from, who can take on the transport on behalf of and for the account of the purchaser and provide good standard delivery.
The buyer must pay the purchase price which corresponds to his highest bid, to which the knock-down took place. Furthermore, the buyer has to pay a commission fee amounting to 6% of the purchase price for each horse, in addition to the purchase price, with the purchase price and commission fee to be paid together. The total settlement amount due by the buyer will be rendered as follows:
plus 6% commission fee
plus value added tax according to VAT Act
= final balance amount
The final balance amount is due immediately. In individual cases, an alternative arrangement can be agreed with the auction management. If the payment is made by cheque, the buyer will bear the costs and interests that occur by cashing the cheque. Cheques will only be accepted on account of performance.
D. Disclaimer of Warranty and Descriptions of the Horses
The horses up for sale will be sold as inspected and presented and under exclusion of all warranty. A.O.S does not bear any warranty or guarantee for specific characteristics, qualities or intended uses of the offered horses. All measurements in the catalogue are approximate measurements and do not justify liability in case of non-compliance. This liability-exclusion does not apply if we fraudulently conceal a defect or have issued a guarantee for a specific quality, as far as the guarantee suffices.
Description of the external properties of the horses
The horses will each be described as follows. It consists of a description of the object of purchase and not of a quality agreement within the meaning of § 434 of the German Civil Code.
Pedigree as specified in the catalogue. The pedigrees specified in the catalogue
are evidenced by pedigree certificates that are handed over to the buyers.
Sex, colour and year of birth as specified in the catalogue.
The photographs of the horse printed in the catalogue as well as any brief comments made, including the assignment of traits of the horse regarding predestination for dressage, jumping or eventing, do not constitute quality characteristics but are based on statements made by the exhibitor and/or subjective observations made at the time the catalogue was printed for example. A commitment or guarantee regarding a particular ability of the horse concerned is not given in this case.
3. Description of the health status
The horses up for sale have been clinically examined and X-rayed before delivery to be prepared for the auction. The X-ray images of the following standard projections were taken:
- Front toe on both sides (90°) and Oxspring method (0°)
- Back toe on both sides (90°)
- Hocks on both sides (45° to 70°, 90° to 115°)
- Stifle on both sides (90° to 110°)
The results of the clinical examination and the X-rays are written down in a vet report established by an expert veterinarian for horses. The report can be seen by prospective buyers in the auction office. Upon request, the prospective buyers can get the attendant veterinarian of the organiser to interpret the veterinary inspection report. The result, in the form of an objective diagnosis, referring exclusively to the written and visible clinical inspection report and the condition evidenced by the X-ray images, represents the health description of the horse, although the buyer is aware that it consists of manufactured X-ray images with standard projection and that cannot cover all radiological findings. The aforementioned documents are not and will not be a subject of quality agreement in the sense of § 434 of the German Civil Code. Any additional veterinary assessments during the interpretation are not a subject of quality agreement either. A.O.S will not establish further descriptive elements concerning the performance, health or other characteristics of the horses.
E. Delivery, Transmission of Liability and Transfer of Ownership
The buyer or his representatives are obligated to take over the liability for the horse immediately after signing the purchase note. With the knockdown, which also replaces the transfer of ownership, the risk passes to the buyer, even if the horse still remains in the custody of A.O.S. for the time being. The ownership of the sold horse is only transferred to the buyer when the total settlement amount has been paid.
If the buyer wishes the horse to remain in the custody of A.O.S, or for reasons that the buyer is accountable for, the buyer has to sign an appropriate separate subordination contract with A.O.S.
Foals cannot be delivered to the purchaser before the age of six complete months and will stay with the seller until then. The seller will continue to raise the foal with the mother at a location determined by the seller. The risk is transferred to the buyer after removal of the foal. The property is transferred with the complete payment of the settlement amount which is immediately due.
The A.O.S. will arrange the transfer date. Immediately before or at the date of transfer, the seller shall ask the veterinarian Dr. Holger Steinmann or a veterinarian named by the organiser, to do a clinical health examination of the foal with the standard of a normal pre-purchase inspection - a radiographic examination does not take place - and to issue a corresponding certificate.
The seller bears the risk of a deterioration of the foal's health or an accidental decline until the buyer takes the foal. The seller shall also bear all upkeep expenses including costs for the farrier and the veterinarian.
With the collection of the foal, after 6 months at the latest, the buyer shall bear all currently arising maintenance costs including vet and farrier costs. After 6 months, the risk of an accidental deterioration of the foal's health or decline shall pass to the buyer.
F. Compensation Liability and Compensation Limitation
We are liable for damage claims of the bidder or the buyer (hereinafter only referred to as auction participant) only according to the following regulations:
We will be liable in accordance with statutory provisions in so far as the auction participant makes claims for damages that are based on intent or gross negligence, including intent or gross negligence by our representatives or vicarious agents. For claims which do not concern intentional breach of contract, the liability for compensation shall be restricted to foreseeable losses that typically occur.
We are liable in accordance with statutory provisions, in so far as we are culpably in breach of a material obligation under the contract; in such a case however, the liability to pay compensation is limited to the foreseeable loss that may typically be expected.
An important contractual obligation exists if the breach of duty applies to an obligation upon whose fulfilment the auction participant had relied upon and should be able to rely upon.
Liability on account of culpable injury to life, limb or health shall not be affected; this shall also apply to mandatory liability as provided for in product liability law.
Any liability for damages other than the aforementioned is excluded, regardless of the legal ground of the asserted claims. This applies particularly to damage claims for liabilities resulting from contract closure, due to other non fulfilment of commitments or legal claims for property damage according to § 823 BGB.6. This limitation shall also apply if the customer - instead of asserting a claim for damages - demands restitution of expenses incurred rather than fulfilment of obligations.
As far as the liability for compensation against us is excluded or restricted, this shall be valid as well with respect to the personal liability for compensation of our employees, staff members, representatives and vicarious agents.
G. Statutory Limitation
The statutory period of limitation of claims and claims for damages is 12 months, starting from the beginning of the statutory limitation period. This does not apply for claims specified in § 437 of the German Civil Code, when the purchaser is a consumer and the sold horse is not assessed as a used good in the sense of § 475 para. 2 of the German Civil Code. In this case, the statutory period of limitation is 2 years.
H. Severability Clause
Should one or more of the above provisions be completely or partially invalid, the validity of the other provisions shall not be thereby affected. Invalid provisions are to be replaced with provisions that achieve the desired economic goals of both parties in a manner that is legal and feasible.
I. Special regulation for foals and consumers
If the purchaser is a consumer in the sense of § 13 of the German Civil Code and the acquired horse is a foal that is assessed as a new object in a legal sense, for the warranty based on defects and all related claims exclusively and without limitation, the regulations of the warranty law of the German Civil Code apply and not the exclusion or limitation of claims for damage compensation according to part G of the General Terms and Conditions; the regulations according to part G are fully applicable for all horses and for consumers.
J. Application of Law, Place of Jurisdiction
If the customer is a merchant, the place of jurisdiction shall be our registered office; we are also authorised to sue the customer in the court of his residence.
Any contract shall be governed by the law of the Federal Republic of Germany; application of UN Purchase Law is excluded.
The place of fulfilment is the place where the auction takes place.
We collect and store the client's data which is necessary for business processing. With regard to the processing of personal data of the customer, we comply with the legal provisions. The customer shall, at any time, upon request, obtain information regarding the recording of any personal data.
K. Priority to the German version
These general terms and conditions are available in German and English versions.
In the event of discrepancies, only the German version is valid; for interpretations, the German version is primarily to be consulted and decisive, as is also the case for interpretations of the English version.