S: 1.60mtr. or smaller.
M: 1.60mtr. to 1.65mtr.
L: 1.65mtr. to 1.70mtr.
XL: 1.70mtr. or bigger.
AUCTION TERMS Dutch Horse Trading
GENERAL AUCTION CONDITIONS
ARTICLE 1: DEFINITIONS AND INTERPRETATION
1. In these general auction conditions of Dutch Horse Trading (the ”General Auction Conditions”) the capitalized words and terms have the meanings assigned to them below:
General Auction Conditions:
these general auction conditions as determined by the Auctioneer;
a person who has registered with the Auction Site to bid on horses as a potential Buyer during the Auction;
a buyer which a natural person is and which is not acting in the exercise of a profession or business;
a veterinarian specializing in horses;
an unborn foal; purchase agreement: the agreement for the purchase and sale of a Horse that is concluded between the Seller and the Buyer during the Auction in accordance with the model attached as Annex 1
the amount for which the horse has been Attributed to the Buyer by the Auctioneer during the Auction , excluding the Buyers’ Commission and any VAT;
a person or partnership that acts as a buyer on a Purchase Agreement;
fees charged to the Buyer by the Auctioneer, i.e. 5% of the Purchase Price;
the moment that the horse is actually physically delivered at a location indicated by the Buyer, this being the moment that the horse actually gets out of the vehicle and sets foot on the location where the horse is to be delivered;
the committee responsible for selecting the horses
the auctioneer’s statement to the Buyer, stating that the horse has been assigned to the Buyer, under the obligation to pay the Purchase Price and the costs;
the Auction organized by the Auctioneer;
the auction catalog related to the Auction, which is published on the Auction Site prior to the Auction;
Dutch Horse Trading, a general partnership, having an office at (5531 NM) Bladel, Uitgang 16, Fabrie Fijen Horse Trading BV, registered in the trade register of the Chamber of Commerce under number 86349376;
the agreement between the Seller and the Auctioneer regarding the auctioning of the horse;
the website of the Auctioneer on which the Auction will take place with the URL: www.dutchhorsetrading.auction;
a person or partnership that acts as a seller in a Purchase Agreement;
fees charged to the Seller by the Auctioneer, i.e. 10% of the Purchase Price;
Veterinary Inspection Protocol:
the veterinary inspection protocol drawn up by the Auctioneer, attached as Appendix 2;
Veterinary Inspection Report:
the clinical examination report of a Foal drawn up by a Veterinarian in accordance with the Veterinary Inspection Protocol attached as Appendix 2;
a horse selected by the Selection Committee for the Auction or, unless expressly stated otherwise , an Embryo.
2. Unless expressly otherwise provided for in these General Auction Conditions, the interpretation of these General Auction Conditions shall be subject to the following:
(i) a reference to “Article” or “Annex” means any Article or an Annex to these General Auction Conditions;
(ii) words that indicate the singular will understand the plural in itself and vice versa;
(iii) a reference to a male form shall also be considered to include a reference to a female form and vice versa;
(iv) a reference to a person shall be regarded as a reference to a natural person, a partnership or a legal person;
(v) the title and headings above the various provisions in these General Auction Conditions shall not be self-contained and these titles and headings shall not affect the interpretation of the provisions of these General Auction Conditions;
(vi) a reference to “inclusive”, “including”, “as”, or any similar term will mean: “inclusive, but not limited to”;
(vii) all Annexes set out in the General Auction Conditions are an integral and inseparable part of these General Auction Conditions;
(viii) a reference to a person or party shall also apply to all successors of that person or party under general or special title.
ARTICLE 2: GENERAL
1. These General Auction Conditions apply to all Purchase Agreements concluded during the Auction as well as to all agreements resulting from this.
2. The Auctioneer ensures that visitors to the Auction Site can read these General Auction Conditions in good time before the start of the Auction .
3. These General Auction Conditions can be found on the Auction Site. These General Auction Conditions have been drawn up in the Dutch and English language. In the event of a dispute about the content or purport of these General Auction Conditions, only the Dutch text and its meaning in the Dutch jurisdiction will be binding.
4. (Prospective) Bidders must register digitally on the Auction Site in the manner determined by the Auction and will receive a username and password. By registering, each (prospective) Bidder
5. (Prospective) Bidders are responsible for their digital actions.
6. The Seller undertakes to instruct his Veterinarian to perform a clinical examination of the Horse on the basis of the Auctioneer’s Veterinary Inspection Protocol no later than 7 days before the start of the Auction. The Buyer has the right to inspect this Veterinary Inspection Report. In the event of a discussion about the condition of the Horse at the time of Delivery or later, the Veterinary Inspection Report of the Seller shall prevail.
Expenses made and costs incurred at the buyer's request are always borne by the buyer. This includes, but is not limited to costs related to export, transport, export papers, and testing, regardless of whether the test is positive or negative.
7. Seller guarantees that at the time of selection, around the time of the Auction and upon Delivery, the Horse does not show a generally known defect or disease symptoms and / or is not under the influence of unauthorized substances, in accordance with any applicable (doping) regulations, and declares to take back the Horse and to return the Purchase Price received, plus any VAT, in case the Horse should show such a defect or symptoms after the Allocation or if any unauthorized substances are found during inspection.
ARTICLE 3: PREPARATION, IMPLEMENTATION AND MONITORING OF AUCTION
1. The preparation and execution of the Auction are determined exclusively by the Auctioneer. The Auctioneer determines the course of events prior to and during the Auction and has the power, without giving reasons, whether or not to allow persons to the Auction, not to auction or not to assign one or more Horses, to change the order of auction, not to recognise a bid and/or to declare it invalid, to suspend, resume, renew or order the Auction and to take other measures necessary in its opinion.
2. The Auction takes place by the Auctioneer.
3. During the Auction, the Auctioneer has the right to correct inaccuracies in (verbal and written) statements made by or on behalf of them, as well as errors, whether or not during the auction.
4. Those who participate in the Auction are obliged to follow the instructions and directions given by or on behalf of the Auctioneer and accept the fact that technical malfunctions may occur during an online auction, as a result of which a bid may not be processed properly online .
5. The Auctioneer is not obliged to guarantee that the Seller can sell the Horse freely and unencumbered and transfer it to the Buyer. The auctioneer is not liable for resulting any resulting damage.
ARTICLE 4: METHOD OF AUCTION AND FORMATION OF PURCHASE AGREEMENT
1. The Horses are sold by auction in the condition in which they are at the time of auction.
2. Bids are made by digitally entering a bid. Each Bidder is expected to bid for itself and is bound by its bid, which is deemed to be unconditional and irrevocable. The Bidder offers for its own account and risk. If a Bidder is mandated by a partnership of buyers or a legal entity , this must be stated to the Auctioneer when registering the Bidder for the Auction. A Bidder is held to its offer until a higher offer is accepted.
3. Horses are bet on the agreed amount. Up to an amount of € 10,000,- (in words: ten thousand euros ) the bidding steps are € 500,- (in words: five hundred euros ) per step, from an amount of € 10,000,- (in words: ten thousand euros) to € 30,000,- (in words: thirty thousand euros) the bidding steps are € 1,000,- (in words: thousand euros) per step and from an amount of € 30,000,- (in words: thirty thousand euros ) to € 50.000,-- (in words: fifty thousand euros) the bidding steps are € 2,000,- (in words: two thousand euros). From an amount of € 50.000,-- (in words fifty thousand euros) to € 100.000,-- (in words: hundred thousand) the bidding steps are € 5.000,-- (in words: five thousand euros). From an amount of € 100.000,-- (in words: hundred thousand) the bidding steps are € 10.000,-- (in words: ten thousand).
4. The Auction closes on a pre-specified date and time. The duration of the Auction is indicated on the Auction Site. If a bid is made in the last five (5) minutes before the stated closing time, the closing time will (always)be reset. The final closing will then take place when no new bid has been made for five (5) minutes after the last bid.
5. The Horse is assigned to the highest Bidder. From the time of the Allocation, the Purchase Agreement between the Buyer and the Seller is concluded on the conditions as set out in the model attached as Appendix 1 .
6. As soon as possible after the Auction has ended, the Auctioneer will send the Horse Purchase Agreement to the Buyer and the Seller. The Buyer and the Seller will return the signed Purchase Agreement to the Auctioneer within five (5) Business Days, solely to establish the Purchase Agreement. The unsigned return of the Purchase Agreement by the Buyer and / or the Seller does not affect the conclusion of the Purchase Agreement.
7. The Purchase Agreement is concluded directly and exclusively between the Seller and the Buyer. The Auctioneer only has the role of mediator by facilitating the Auction Site.
ARTICLE 5: PAYMENT AND DELIVERY
1. After Allocation of a Horse, the Auctioneer shall draw up an invoice and the Buyer has to pay the Purchase Price, to be increased by the Buyers’ Commission and, if applicable VAT, to be paid on a bank account to be designated by the Auctioneer and with due observance of the payment term of five (5) days. The Auctioneer will keep the Purchase Price on behalf of buyer until the moment of Delivery and after the Delivery the Auctioneer will keep the Purchase Price on behalf of the Seller.
2. If VAT must be levied on the Purchase Price of a Horse, this will be stated both online and on the invoice to be drawn up by the Auctioneer.
3. After the Horse has been received from the Buyer, the Auctioneer will pay the Purchase Price after deduction of the Seller’s commission owed by the Seller to the Auctioneer to the Seller in a bank account to be indicated by the Seller, after the Horse has been delivered to the satisfaction of the Buyer and Seller. The Auctioneer is authorised to settle mutual claims between the Seller and the Buyer, but is not obliged to do so.
4. The Seller assumes the obligation, if and for as long as, a Horse is younger than five (5) months, to leave it with the mare, without the Buyer owing any compensation for this.
5. From the moment the horse leaves the stables of the seller, the Horse will be at the expense and risk of the Buyer. A Horse that has been sold at the Auction and is five (5) months or older must picked up by the Buyer and taken by the Buyer within ten (10) days after the Auction. A Horse sold at the Auction and was younger than four and a half (4.5) months at the time must have actually been picked up by the Buyer when the Horse is five (5) months old and taken by the Buyer. Derogations from the delivery periods referred to in this paragraph may be made only in exceptional cases and after the intervention of the Auctioneer. The Seller informs the Buyer one (1) week before the Horse reaches the age of five (5) months and will then prepare for any insurance. On the day that the Horse has reached the age of five (5) months and has not yet been picked up, the Horse is from that day at the expense and risk of the Buyer. If the Buyer or the Seller does not meet his purchase or delivery obligation and is in default, the negligent party forfeits to the other party an immediately
payable and non-moderable fine equal to the Purchase Price plus € 10,000 (in words: ten thousand euros).
6. The Horse should be picked up by the Buyer, unless otherwise agreed between the Seller and the Buyer. Expenses made and costs incurred at the buyer's request are always borne by the buyer. This includes, but is not limited to costs related to export, transport, export papers, and testing, regardless of whether the test is positive or negative.
7. The ownership of a Horse will not transfer to the Buyer until after it has fulfilled all its financial obligations under the Purchase Agreement and has actually been delivered to an address indicated by the Buyer .
8. During the Auction, an Embryo can be auctioned together with a surrogate mother. In those cases, the price of the Embryo is increased by the price for the surrogate mare. In those cases, consultation between the seller of the surrogate mare and buyer must give an explanation as to whether the surrogate mare will be sold or rented out or whether another solution will be chosen for the use or ownership of the surrogate mare. The total cost of purchase will therefore consist of the Purchase Price for the Embryo plus the Buyer’s Commission, the compensation for the surrogate mare and any VAT and will have to be paid as defined in paragraph 1 in this Article 6.
9. Any delivery other than the previously required is entirely at the Buyers expense and risk. The Auctioneer shall not be liable for the consequences of non-compliance with the provisions of this Article.
10. If the allocated horse is still in the sellers’ stable after 10 (ten) days after the auction, the seller may charge €20,- per day.
ARTICLE 6: DEFAULT
1. If the Buyer considers that the Horse does not comply with the Purchase Agreement after the actual Delivery, he must inform the Seller within three (3) days of the conclusion that the Horse does not comply with the contract by means of a registered letter to be sent to the Seller. The Buyer must send a copy of this letter to the Auctioneer.
2. The Seller shall ensure that the Horse he sold does not suffer from defects and stable vices, including air sucking, systematic weaving or manger-biting for a period of two times twenty-four (24) hours after actual Delivery of the Foal by the Seller to the Buyer. This guarantee does not include the absence of osteochondrotic abnormalities (OCD) in the Foal and the presence of the WFFS gene. If the law and/or case law on the relevant guarantee and/or its duration are bindingly different, then this mandatory other provision applies. If a Horse is offered for sale with a defect known prior to the sale by both the Seller and the Buyer, of which a veterinary surgeon appointed by the Auctioneer declares in writing that recovery (healing) is possible, the Seller assumes the obligation to keep the
Horse under sight and to take care of recovery (healing), without any additional costs for the Buyer. The Horse remains at the expense and risk of the Seller until the time of actual delivery to the Buyer.
3. The Seller guarantees the correctness of the pedigree data. The foal’s paternity should be checked by DNA testing.
4. If the Seller does not comply with his obligation to auction the Horse as arising from the Auction Agreement, he will owe the Auctioneer an immediately payable fine of € 5.000,-- (in words: five thousand euros).
ARTICLE 7: LIABILITY
1. The Auctioneer excludes, to the extent permitted by law, any liability towards the Buyer, the Seller and third parties and in particular, but not limited to the following cases:
(i) the state of health of the Horses to be auctioned, including in relation to osteochondrotic abnormalities (OCD);
(ii) where a Horse listed in the online auction catalogue is ultimately not offered for auction;
(iii) damage, such as damage in the form of loss of profit.
2. In the case of liability of the Auctioneer, the total damages shall be limited to the amount for which the liability insurance claims benefit, plus, where appropriate, the amount of the excess which, in accordance with the insurance conditions, is not borne by the insurer.
3. If in any case the insurer does not make a payment or the damage is not covered by the insurance, the liability of the Auctioneer will never exceed the Purchase Price.
4. The Auctioneer is not liable for errors in the Auction Catalogue regarding the pedigree (these are the data relating to the pedigree of the Foals to be auctioned) or other data. The Seller and the Buyer have a responsibility to verify the accuracy of this information.
ARTICLE 8: COMPETENT COURT AND DISPUTE RESOLUTION
1. These General Auction Conditions and all agreements relating to or resulting from these General Auction Conditions shall be of application under Dutch law, with total exclusion from the applicability of the Vienna Convention on Purchase (CISG).
2. All disputes arising from these General Auction Conditions or from further agreements relating to or resulting from these General Auction Conditions should be referred to the competent court in the South Netherlands district.
june 2022 version
S: 1.60mtr. of kleiner
M: 1.60mtr. t/m 1.65mtr.
L: 1.65mtr. t/m 1.70mtr.
XL: 1.70mtr. of groter
Dutch Horse Trading
ARTIKEL 1: DEFINITIES EN INTERPRETATIE
Algemene Veilingvoorwaarden: deze algemene veilingvoorwaarden zoals vastgesteld door de Veilinghouder;
een persoon die zich heeft aangemeld bij de Veilingsite om als potentiële Koper tijdens de
Veiling te bieden op Paarden;
een Koper die een natuurlijk persoon is en die niet handelt in de uitoefening van een beroep of bedrijf;
een dierenarts, gespecialiseerd in paarden;
een ongeboren veulen;
de overeenkomst van koop en verkoop van een Paard die tijdens de Veiling tussen de Verkoper en de Koper tot stand komt overeenkomstig het model aangehecht als Bijlage 1;
het bedrag waarvoor het Paard tijdens de Veiling door de Veilinghouder aan de Koper is Toegewezen, exclusief de Koperscommissie en eventuele BTW;
een persoon die of samenwerkingsverband dat als koper optreedt bij een Koopovereenkomst;
kosten die door de Veilinghouder aan de Koper in rekening worden gebracht, te weten 5% van de Koopsom;
het moment dat het Paard daadwerkelijk fysiek wordt geleverd op een door de Koper aangegeven locatie, aldus zijnde het moment dat het Paard daadwerkelijk uit het transportmiddel stapt en voet zet op locatie waar het Paard geleverd dient te worden;
Privacy- en Cookiebeleid:
Het privacy- en cookiebeleid van de Veilinghouder en de Veilingsite, aangehecht als Bijlage 3;
de commissie die is belast met het selecteren van Paarden;
de verklaring van de Veilinghouder aan de Koper, houdende de mededeling dat het Paard, onder de verplichting tot betaling van de Koopsom en de kosten, aan de Koper is toegewezen;
de door de Veilinghouder georganiseerde
de veilingcatalogus met betrekking tot de Veiling, welke voorafgaand aan de Veiling wordt gepubliceerd op de Veilingsite;
Dutch Horse Trading , kantoorhoudende te (5531 NM) Bladel aan de Uitgang 16, Fabrie Fijen Horse Trading BV geregistreerd in het handelsregister van de Kamer van Koophandel onder nummer 86349376;
de overeenkomst tussen Verkoper en de Veilinghouder ter zake van het veilen van het Paard;
de website van de Veilinghouder waarop de Veiling zal plaatsvinden met de URL:
een persoon of samenwerkingsverband die als verkoper optreedt bij een Koopovereenkomst;
kosten die door de Veilinghouder aan de Verkoper in rekening worden gebracht, te weten 10% van de Koopsom;
het veterinair keuringsprotocol opgesteld door de Veilinghouder, aangehecht als Bijlage 2;
het door een Dierenarts opgestelde klinische keuringsrapport van een Paard overeenkomstig het Veterinair Keuringsprotocol aangehecht als Bijlage 2;
een door de Selectiecommissie voor de Veiling geselecteerd Paard of, tenzij uitdrukkelijk anders vermeld, een Embryo.
ARTIKEL 2: ALGEMEEN
Veilingvoorwaarden zijn in de Nederlandse en Engelse taal opgesteld. In geval van geschil over inhoud of strekking van deze Algemene Veilingvoorwaarden, zal uitsluitend de Nederlandse tekst en de betekenis daarvan in het Nederlandse rechtsgebied bindend zijn.
ARTIKEL 3: VOORBEREIDING, UITVOERING EN TOEZICHT VEILING
ARTIKEL 4: WIJZE VAN VEILEN EN TOTSTANDKOMING KOOPOVEREENKOMST
ARTIKEL 5: BETALING EN LEVERING
ARTIKEL 6: WANPRESTATIE
ARTIKEL 7: AANSPRAKELIJKHEID
ARTIKEL 8: BEVOEGDE RECHTER EN GESCHILBESLECHTING
Versie juni 2022