absence of foals at the auction
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A foal that has been selected must participate in the auction.
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If a foal, in the opinion of the vendor, is unable to participate in the auction because of health reasons, the vendor should notify Stud 111 thereof in writing, in good time, giving an as detailed as possible description of the impediment to Stud 111, after which a veterinarian appointed by Stud 111 will assess the nature of the impediment. The conclusion of the veterinarian is binding. If the vendor fails to offer any and/or sufficient opportunity to the aforementioned veterinarian, whose judgment will be binding, to have the foal examined (in time), or, if the foal passed examination by the aforementioned veterinarian and nevertheless fails to take part in the auction, the vendor shall owe Stud 111 an amount of EUR 5.000,-- augmented by a 1.5% interest per month over the total owed sum, to be calculated from the date of auction until the date of full settlement.
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If a foal, after examination by the aforementioned veterinarian, does not participate in the auction, the vendor shall in any case compensate the Stud 111 for the (veterinary) costs incurred by Stud 111 in that connection, with a minimum sum of EUR 500,--.
allotment, removal and delivery of foals
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Vendors must deliver their foals and mare to the auction grounds in good condition for the auction at the time as specified by Stud 111.
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Vendors must remove the foals, whether they have been sold or not, from the auction grounds on the first Monday following the auction. If the vendor fails to remove the foal in time, Stud 111 is authorized to remove the foal and to have it stabled elsewhere, whereby the costs accrued, as considered reasonable by Stud 111, must be paid by the vendor.
stable vices and deficiencies
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Vendors are under obligation to deliver their foals free of deficiencies and stable vices; to allow their foals to be auctioned and to submit and give in an accorded guarantee. The absence of OC and OCD in the foal does not come under this guarantee. In the case where the law and/or jurisprudence demand that the meant guarantee, and/or duration of such, require other conditions, then these other demanded conditions shall apply. In the case where a foal is put up for sale with a deficiency known to both the vendor and as well as to the bidder/purchaser previous to the sale whereby a veterinary designated by Stud 111 has made a written report that recuperation (cure) is possible, as meant in item 24, then the vendor must undertake the responsibility of taking care of and ensuring that the recuperation (cure) of the foal takes place, without this causing extra costs for the bidder/purchaser. Until the physical delivery of the foal to the bidder / purchaser, the foal will remain for the risk of the vendor unless otherwise agreed in writing between the vendor and the bidder / purchaser.
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In the event that the bidder/purchaser detects that the foal purchased has a stable vice, being either crib-biting, weaving or wind-sucking, and not a known deficiency as meant in item 31, the bidder/purchaser shall notify Stud 111 in writing within 7 days after delivery to the new owner, with a description, in as much detail as possible, of the nature of the stable vice. In that case Stud 111 will move the foal to a location of its choice and have the foal examined by a veterinarian of its choice in connection with the alleged stable vice as described by the bidder/purchaser. The aforementioned veterinarian’s conclusion about the cause and seriousness of the alleged stable vice shall be binding. If the veterinarian finds that the foal has the stable vice as described by the bidder/purchaser, the vendor is obliged to pay the costs accrued to Stud 111, including costs of stabling, transport and veterinarian’s fee. If the veterinarian finds that the foal does not have the stable vice, the bidder/purchaser must also pay the meant costs to the Stud 111.
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The specified part in item 32, applies equally when the bidder/purchaser detects deficiencies in the purchased foal other than those as meant in item 31 and other than the stable vices as described. The vendor must take the foal back immediately and at his/her own cost in return for the remuneration of the sale price if the sale is considered dissolved or annulled.
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When the bidder/purchaser does not notify in the manner required the aforementioned stable vices or other deficiencies of the purchased foal within 7 days after delivery and/or the above-mentioned veterinary does not detect stable vices or other deficiencies, the right of the bidder/purchaser to make the purchase unbinding is void, as is the right to bring a case of absence of consensus ad idem.
dissolution and annulment
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In the event that the sale is legally dissolved or annulled by the bidder/purchaser, the vendor and the bidder/purchaser shall nevertheless comply with all their payment obligations, as mentioned in these conditions of auction, towards Stud 111, in as far as compensation to be paid to Stud 111 is concerned. A sale can be dissolved or annulled in due observance of the relevant current legal provisions, in as far as they do not deviate from in these auction conditions in a legally valid way.
liability
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Stud 111 is not liable for the accuracy of the information in the catalogue, the information provided at the auction grounds and the information given at the auction.
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Stud 111 is not liable for the accuracy of the information contained in the veterinarian’s report (including any attached or supplemental findings), the veterinary information supplied at the auction grounds or any information provided during the auction.
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Stud 111 is not liable for any damage incurred or caused by persons, goods or horses, before, during or after the auction.
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Stud 111 will not take out any insurance for horses or other matters on behalf of vendors and bidder/purchasers. As vendors and bidder/purchasers take part in the auction for their own account and risk, the Stud 111 advises that they take out such insurance themselves.
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Stud 111 is not liable for the failures of the vendor, the bidder/purchaser and/or possible involved third parties, including bidder/purchaser’s failure to pay.
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Stud 111 is not liable for anything whatsoever, except in cases of willful intent or willful recklessness on the side of Stud 111 and/or those who work on behalf of, or have worked on behalf of Stud 111.
other matters
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In the case where a bidder/purchaser is requesting the transfer of auctioned foals to another member state of the European Union or outside the European Union and has to be invoiced with a zero-rated VAT, the bidder/purchaser must comply with all the necessary conditions attached to a lawful intercommunity- or export-transaction.
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If application of the VAT zero-rating tariff, no matter what the circumstances (subsequently), appears to be impossible, the bidder/purchaser is, at that time, still obliged to pay a sum to the amount that would be owed in the case of a domestic delivery of the foal concerned. At the request of Stud 111, the bidder/purchaser is obliged to immediately repay the above-mentioned sum to Stud 111. In such cases, the reimbursement of such shall only take place when the bidder/purchaser has, to the satisfaction of Stud 111, complied with the conditions of item 42. In any case, the bidder/purchaser is liable for, and indemnifies Stud 111 from, any damage that may result from non-compliance of the conditions of item 42. As well as this, the bidder/purchaser is liable for all judicial and extra judicial costs born by Stud 111 with a minimum sum of EUR 1.000,--.
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All costs, commissions and compensations are based on applicable tax law. In the event of any change of law at any time, Stud 111 is entitled to adapt all costs, commissions and compensations accordingly.
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Stud 111 shall only use the personal information / data of all parties involved for the purpose for which it was intended, namely the auction. All personal information /data will be recorded and treated by Stud 111 in accordance with the GDPR-legislation.
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When participating in the auction through online bids, the special auction conditions will apply to these auction conditions which can be found on the website (http://foalauction111.com/en/home). In case of contradiction between these auction conditions and the special auction conditions, these auction conditions prevail.
conversion
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When one or more of the provisions of these auction conditions prove to be legally invalid or will become invalid in the future, this will not in any way affect the validity of any of the other provisions. In that case the legally invalid provision will be replaced by a new, legally valid provision which is as similar as possible to the old provision as far as contents, scope and objective thereof are concerned.
disputes
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In the event of a difference of opinion, during the allotment, about these auction conditions, the special auction conditions and/or in relation to which person has made the last bid, or in the event of other difficulties, confusion or dispute in connection with bids and/or allotment, the auctioneer is authorized to give his binding decision. In the case of the aforementioned difference of opinion regarding the last bid, the auctioneer is authorized to continue the sale by way of bidding.
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In the event that the auctioneer calls in the auctioneer to make a decision, this decision shall be binding and irrevocable for all parties. During the auction the auctioneer is also authorized to make decisions about disputes of another nature than those regarding bids and allotment.
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The legal relationship between Stud 111, the bidder/purchaser and the vendor are exclusively ruled by Belgian law, with full exclusion of the Vienna Sales Treaty (CISG). Disputes, other than those subjected to the decision of the auctioneer or the auctioneer in virtue of items 46 and 47 shall exclusively be settled by the competent judge of Antwerp.
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The Dutch version of these conditions is available at the office of Stud 111 and on the website (www.foalauction111.com). In case of a discrepancy between the Dutch and English version, the Dutch version will prevail.