31. Herbstauktion

91 where applicable, the results of the mare tests of the mother. These details are the stipulated legal characteristics of state, which constitute the claim for performance of the buyer. Further specifics of the foal, even if they are stated in the catalogue, are not part of the sales contract. 4.2 The commentary, images and videos of the foals are additi- onal information giving a first impression of the foal at the time of printing and uploading of the auction catalogue without a guarantee. The provided information does not become part of an agreement of the legal and factual nature with regard to the future buying contract. 4.3 Current health issues and significant changes in the de- scription of the foal will be announced by the auctioneer at the beginning of the auction. 5. Liability of the exhibitors 5.1 The exhibitor is liable for defects as to quality regarding the stipulated 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 foal 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 fol- lowing conclusive enumeration: transport fees for the transport of the auction stable to the buyers stable within Germany, com- mon 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 two years after the transfer of risks through knockdown if the buyer is a consumer according to § 13 BGB and the seller is an entrepreneur accor- ding to § 14 BGB All other liability for defects is time-barred after 8 weeks after the transfer of risks through knockdown. 5.8 The exhibitor is only liable for negative aberrations of the characteristics of state of the foal. Aside from the agreed upon characteristics of state, the exhibitor and Eugen Wahler KG as his representative are not liable. The foals are sold as seen, 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 examination 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 conditions 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 foals to be sold have been examined clinically at the delivery to the auction by an independent and responsible veterinarian. The will not be examined radio-graphical. The findings are noted in written records. The records are available to all interested buyers, their representatives and their advisory veterinarians to be indepen- dently reviewed and verified before the auction at the surgery of Dr. Bernhard Ekrod, Alter Kirchsteig 21, 21394 Südergellersen. 6.2 All findings, the examinations and their evaluations are independent works of the veterinarian. They are not stipulated characteristics of state of the horses or in any way guaranteed by Eugen Wahler KG or the exhibitors. The veterinarian is not a representative or vicarious agent of Eugen Wahler KG or the exhibitors. 7. Acceptance and Transfer of Risks 7.1 With the knockdown, the sales contract is concluded. The transfer of possession of the foal shall happen not later than sex month after birth on the premises of the exhibitor. At this point, the risks are transferred to the buyer according to the §446 BGB. 7.2 The exhibitor has to provide a veterinarian at the time of the transfer or shortly before, who will clinically examine the foal at the lever of a classic sales examination and notes his findings in a protocol. The exhibitor will forward the protocol to Eugen Wahler KG. The Buyer will bear the costs of this examination. The foal will not be examined radio-graphical. 7.3 Until the transfer of possession, the exhibitor bears the risk of accidental deterioration and perishing. The exhibitor shall bear all livery costs up to this point, blacksmith and veterinarian included. 8. Changes of Procedure, Copyright, Applicable Law, Court of Jurisdiction 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 docu- ments 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. The- se terms and conditions are available in German and in English. In case of contradictions 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 in- valid, 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. for foals