31. Herbstauktion

87 for horses of the auction. 5. Liability of the exhibitors 5.1 The exhibitor is liable for defects as to quality regarding the stipu- lated characteristics of state according to part 4 of these terms and conditions with the following limitations: 5.2 The rectification of defects is limited if -according to a survey of Veterinary School Hanover which is binding for both parties- the healing of a medical condition is not expected within six months. 5.3 An abatement of the sales price is excluded. 5.4 In case of severe aberrations of the characteristics of state of the horse at time of transfer of risk (knockdown) the buyer can declare the cancellation of the contract. Then the exhibitor has to take back the horse and reimburse the sales price. 5.5 The buyers‘ claims for compensation are limited to the following conclusive enumeration: transport fees for the transport of the auc- tion stable to the buyers stable within Germany, common livery costs, costs of veterinary examination, blacksmith fees as well as costs of necessary veterinary treatments. 5.6 All claims of the buyer have to be addressed to Eugen Wahler KG, Zum Klosterhof 8, 29549 Bad Bevensen. The exhibitor has agreed upon an assumption of an obligation by Eugen Wahler KG according to §415 BGB, which includes claims of the buyer based on law of torts and unjust enrichment. This procedure is based on the much higher economic capacities of the Eugen Wahler KG, because for the benefit of the buyer and in singular cases, a supplementary performance by delivery of a defect-free horse is possible, according to § 439 Abs. 1 Alt. 2 BGB. By bidding in the auction the buyer agrees upon the assumption of the debt. 5.7 All liability for defects is time-barred after three months after knockdown. 5.8 The exhibitor is only liable for negative aberrations of the characteristics of state of the horse. Aside from the agreed upon characteristics of state, the exhibitor and Eugen Wahler KG as his representative are not liable. The horses are sold as seen and tried out, excluding all warranties for defect. There is explicitly no liability for the health of the horse. Eugen Wahler KG is not responsible for the correctness of the veterinary conclusions based upon the exami- nation of the horse by the acting veterinarians according to section 6 of these terms and conditions. 5.9 All liability limitations of the section 5 of these terms and con- ditions do not include: damages to persons arising out of death, injury to body or health if they are caused by a neglect of duty of the exhibitor, Eugen Wahler KG, their representatives or vicarious agents. All other damages based on a neglect of duty of the exhibitor, Eugen Wahler KG, their representatives or a vicarious agents are not included as well. 5.10 Despite a thorough monitoring of the online platform, Eugen Wahler KG does not resume liability for the realisation of the online auction and the content of the platform for which the operator is exclusively liable for. Eugen Wahler KG is not liable for technical problems, system overload, lost bids or the rejection of bids because of technical reasons. 6. Health of the Horse – Not a Stipulated Characteristic of State 6.1 Outside the stipulated characteristics of state, all horses to be sold have been examined clinically and radio-graphical before the delivery to the auction by independent and responsible veterinarians. 12 X-rays are taken from each horse as follows: in the front and in the back each toe from the side, the special Oxspring in the front, the ankle joints in two perspectives (approx. 45° and approx. 115°) and the knees at approx. 90°. The findings will be noted in written records for both the clinical and the radiographic examinations. 6.2 The suitability for breeding of stallions and mares does not get examined. This is not a stipulated characteristic of state. 6.3 A joint record by the independent veterinarian Dr. Bernhard Ekrod and the veterinarian of the R+V insurance, Dr. Oliver Harps- Hansen regarding the findings of the x-rays will be prepared for each horse. The evaluation of the findings will include an interpretation of the x-rays, the opinion of the veterinarians based on their com- parable findings in other horses in the past , the health status of the respective horse in the past and especially the state of the respective horse during the training for the auction and its overall appearance. The protocol does not declare a x-ray classification. Therefore, the assessments of the independent and self dependent veterinarian Dr. Bernhard Ekrod and Dr. Oliver Harps-Hansen are not characteristics of state of the horses but non-binding information for interested bu- yers. All interested buyers are invited to discuss the findings with Dr. Bernhard Ekrod, with or without their own veterinarian. 6.4 The record of the pre-purchase-appraisal, the x-rays and the joint veterinarian evaluation of the findings are available to all interested buyers, their representatives and their advisory veterinarians to be independently reviewed and verified before the auction at the surge- ry of Dr. Bernhard Ekrod, Alter Kirchsteig 21, 21394 Südergellersen. 6.5 All findings, the examinations and their evaluations are indepen- dent works of the veterinarians. They are not stipulated characteri- stics of state of the horses or in any way guaranteed by Eugen Wahler KG or the exhibitors. The veterinarians are not representatives or vicarious agents of Eugen Wahler KG or the exhibitors. 7. Acceptance and Transfer of Risks With the knockdown, which also substitutes for the transfer of pos- session, the risks are transferred to the buyer according to the §446 BGB, even if the horse initially continues to be in custody of the host. The same applies if the exhibitor has initially reserved the ownership of the horse according to §449 BGB until the settlement amount and possible additional charges are paid in full. The Eugen Wahler KG shall be the recipient of payment, it is em- powered and authorised, to to collect the settlement amount and possible additional charges. 8. Changes of Procedure, Copyright, Applicable Law, Court of Juris- diction and Severability Clause 8.1 The auctioneer and Eugen Wahler KG reserve the right to change the procedure of the auction. 8.2 All images, videos, drawings, descriptions and further documents that are used for the auction are subject to copyright law. It is not permitted to relay these to any third party without the written authorisation by Eugen Wahler KG. 8.3 German National Law (BGB, HGB) is applicable for all rights and duties of the auction and the contracts in their context. These terms and conditions are available in German and in English. In case of con- tradictions only the German version is valid; in the case of necessary interpretations, the German version is to be used primarily. 8.4 Place of performance for all duties is Bad Bevensen and court of jurisdiction is Uelzen. If the buyer is no merchant, the agreement upon the court of jurisdiction is only valid according to §38 Abs. 3 No. 2 ZPO, if the buyer has relocated to a foreign country after the conclusion of the sales contract or his place of residence is unknown at the time of the filing of a law suit. 8.5 If any individual provisions in these terms is or becomes invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions. The invalid or impracticable provision will be replaced by legal regulations. The same will also apply in the event of any unintended omissions.