foal's auction

Luhmühlen


» General Information

1.  General Information
2.  Auction proceeds
3.  Settlement and Payment
4.  Constitution of the foals
5.  State of health –no guaranteed constitution
6.  Liability
7.  Obligation of Purchase and transfer of risk
8.  Insurance
9.  Alterations, governing laws, place of jurisdiction and severability clause

1. General Information

The AG of the Horse Breeding Association Lüneburg Nord GbR is the organizer of the annual auction of foals on the second weekend in September, in Luhmühlen. The foals will be sold as agreed and presented by the auctioneer. The vendor agrees to the terms and conditions of the auction by registering the foals to be sold. The purchaser too recognizes the terms and conditions by making an offer.
2. Auction proceeds

Purchase by telephone

If the prospective purchaser is not able to come personally to the auction in Luhmühlen, it is possible to place a bid for a foal by telephone.

We would be pleased to explain how this can be done and provide the necessary forms. Please click here for the written documents. It would be appreciated if contact was made in plenty of time before the commencement of the auction.

The proceedings take place within a responsible framework of a publically run auction and uses the services of a certified and inaugurated auctioneer. Entrance tickets are available for public purchase, providing there are enough places.

The foals which are due to be auctioned will be presented in the auction hall on the side of the mare led by hand. The bidding will be called in Euros. The starting price will be 2,200.00 Euros and the further bid will be an increase of at least 200.00 Euros.


In the case that there is doubt regarding the validity of the knock-down, this should be declared immediately and bidding may be resumed. Doubts regarding the validity of the knock-down can still be registered after the purchase note has been signed but before the final knock-down of the last foal of the auction. Only bidders of the said foal, the auctioneer or the auction management are entitled to declare such doubts. The matter of doubt will be decided by a commission consisting of the managing director of the auction organizers, a member of the selection committee and the auctioneer. The decision to revoke the knock-down must be unanimous. In the case of the purchaser not signing the purchase note or the recognition during the auction that he/she does not intend to accept the foal, the auctioneer has the right to offer the foal again for bidding. The initial purchaser is liable to the vendor if there could be a possible reduction in the end price of the foal.



3. Settlement and Payment  

The foals which are due to be auctioned will be presented in the auction hall on the side of the mare led by hand. The bidding will be called in Euros. The starting price will be 2,000.00 Euros and the further bid will be an increase of at least 200.00 Euros.

  3.1 The buyer owes the purchase price which is made up of the knock-down price plus VAT. The VAT shall be added to the knock-down price and may vary – depending on the assessment of the vendor. The individual VAT-rates are indicated in the auction brochure. The vendor is responsible for the correctness of the VAT-rate. The AG Lüneburg-Nord GbR assumes no liability for this information and raises a commission fee for its part in the auction, which is based on the knock-down price, handling fees and tax. All foals are collectively insured by the AG Lüneburg-Nord GbR who raises an insurance tax of 1.25% on the gross price.
  3.2

After the successful bid of the foal, the purchaser receives two invoices: one for the knock-down price plus vendor's VAT-rate and the second for the auction fees. The final bill is set out as follows:

1. Knock-down price plus vendor's VAT-rate = Subtotal
2. 8% commission fee of the knock-down (6% for a cash payment) = net
+ 19% VAT on the fees = Invoice of sales fees
+ Insurance (knock-down x 1.25%)
+ 19% insurance tax= Total fees.
Knock-down price + total fees = Final amount of balance.
  3.3 Payment is to be made directly upon the acceptance of the bid. The purchase price (knock-down price) and the total fees are to be paid either in cash. Unless payment by invoice has been accepted and confirmed before, the amount has to be transferred within seven days. Check collection fees or interest resulting ot of the cashing of check have to be paid by the purchaser.
  3.4 During the process of payment, the organizer can assist and has the right to accept payment on behalf of the vendor. Thus, the vendor gives the organizer the authority to collect payment.
  3.5 The vendor retains the rights as owner of the animal until the completion of payment has taken place, § 449 BGB (German Civil Code). In the case of a check, until this is cleared. Checks may not be stopped.

4. Constitution of the foals 

  4.1 The following lists features of the foals which are necessary characteristics legally required for all foals exclusively subject to the purchaser’s legal rights: pedigree, sex, age, colour and where applicable, performance in the breeding line. Additionally the auction’s catalogue will show a photo of the foal with a brief comment. At the time of printing, this gives an initial description of the foal and the organizer of the auction or the vendor of the foal does not in this instance point to special abilities or potential.
  4.2 Any current characteristics relating to the health of the foal and essential changes to the description of the foal in the catalogue are to be announced at the auction by the auctioneer.
  4.3 Furthermore, specifications of constitution or quality are not given by the organizer. These are not subject of the sale contract and thus, the sale of the foal is as seen and inspected, excluding liability for defects.

5. State of health –no guaranteed constitution 

Additionally to the agreement of constitution, independent vets responsible to the Hannoveraner Verband inspect all the foals initially at the vendor’s before the foals arrive at the auction. The full extent of the examination and noted findings are registered in a document of health. This record of health is an assessment of the said vet at the date of issue. It does not represent a binding to the contract by the organizer or by the vendor and can be viewed in the auction office by prospective purchasers.

6. Liability 

The vendor is liable for defects of quality stated in 4) of the agreed characteristics according to legal requirements with the following restrictions:

  6.1 A claim for a replacement is excluded. Rectification is limited as one of the two parties, although having a binding report from the Veterinarian University, Hanover, accepts it is not possible to produce an expected cure of an illness during a six month period of treatment.
  6.2 A claim for decrease of value is excluded.
  6.3 Withdrawal of contract: By extreme differences of the agreed constitution of characteristics of the foal within the contract at the time of transfer of risk, the vendor is liable to take the foal back and return the purchase price.
  6.4 Claims of compensation are limited to the following: Transport costs from the vendor’s stable to the purchaser’s stable within Germany, general stable and feeding costs, the cost of a veterinary’s examination and farrier as well as veterinary care. There is no liability for further costs and expenditures, replacement and possible financial losses.
  6.5 The organizer is to be informed of any claims of defects.
  6.6 All claims concerning liability of defects have to be registered within two years of transfer (§13 BGB). In the case of selling to the purchaser who in legal rights is not the consumer, all claims of liability of material defects are limited to within eight weeks of the transfer date.
  6.7 The organizer and vendor cannot be held responsible for exceptions to the agreed characteristics of the foal. Therefore, the foal is sold as seen without any exclusion of material defect. It is to be noted that no liability can be claimed for the health of the foal. The organizer and vendor are not liable for the correctness of the examinations and evaluations provided by independent veterinaries.
  6.8 In the case of a breach of duty on the part of the vendor , an exception in compensation could be made when an injury to life, body/limb and health are concerned and can be based on resolution or coarse negligence of the vendor, his/her legal representative or auxiliary assistant.


7. Obligation of Purchase and transfer of risk 

  7.1 It is an obligation to collect the foal from the vendor at the latest six months after the birth. The date of transfer should be agreed between the vendor and purchaser. It is possible to do this at an earlier date if the vendor agrees. Upon the wish of the purchaser and understanding to cover costs and risk, the vendor can be committed to keep the foal at his/her stable until 31st October of the said year. For this reason, it would be appropriate for an insurance policy to be taken out.
  7.2 If the transfer of the foal takes place after 10th October, the exhibitor shall ask a vet to do a clinical health examination and to issue a corresponding certificate. No X-ray examination is required.
  7.3 If the transfer of the sold foal to the purchaser takes place after 30th October of the said year, the organizer of the auction should be notified and a representative of the AG Lüneburg Nord GbR should be present.
  7.4 The vendor is responsible for the risks of a possible deterioration of condition and health up until the obligatory transfer. He/she is also responsible within this period for all the costs of caring for the foal, including farrier and veterinary.

8. Insurance 

  8.1 All foals registered for auction are to be insured by:

Vereinigte Tierversicherung Gesellschaft a.G.
Niedersachsenring 13
30163 Hannover

  8.2 From the end of the bidding, an insurance cover is extended until 31st October of the said year, however, at least until the foal will be six months old. This is charged at 1.25% of the knock-down price + 19% insurance tax. The details of cover are:
- 80% of the foal's value in death or the necessary putting down of the animal, either caused by illness or accident,
- 80% of the foal's value in the case of permanent disability.
There is no liability for guarantee of warranty. The insurance cover commences directly after the insurance policy has been taken out and payment has been settled. The premium will be billed with the auction's invoice. A condition of contract is the AVB TLP 01/2008 of VTV.
  8.3 The insurance covers transport within the insured period to the purchaser’s stable. The knock-down price is the insured amount. However, this is limited to 15.000,00 Euros. A further insurance can be taken out within six weeks at one’s own cost at the auction office with a representative of the insurance company. A contractual waiting period does not occur.

9. Alterations, governing laws, place of jurisdiction and severability clause 

  9.1 The auctioneer and the organizer reserve the right to alter the time schedule of the auction.
  9.2 Within the conditions of sale of this auction, German civil law applies. Lüneburg is named as the place of fulfillment and jurisdiction.
  9.3 In the case of one of the above mentioned arrangements or part of an arrangement being invalid or becoming invalid, all other clauses shall not be affected at all. Invalid arrangements should be matched with arrangements that aim to meet the commercial requirements of the invalid arrangement.


The German version of these terms and conditions of sale at the auction shall apply.