34. Herbstauktion - Elite im Herbst

for foals

7. Acceptance and transfer of risk a) The purchase contract for the respective foal is concluded with knockdown. The foal remains at the location specified by the seller until it is accepted by the buyer. This location is the place of performance agreed upon in the sales contract. The foal must be accepted no later than six months after the foal‘s birth by the buyer or an assigned third party. At the request of the buyer and in consultation with the seller an earlier acceptance is possible. The buyer and the seller have to agree upon the actual acceptance date. For this purpose the buyer receives the seller‘s contact details. b) Until acceptance, the seller bears the risk of acci dental deterioration or loss. The seller also bears all maintenance costs up to this point, including costs for services of a blacksmith and a veterinarian. With the acceptance the risk is transferred to the buyer according to § 446 BGB. 8. Changes, copyright, applicable law, place of jurisdiction and severability clause 8.1 Eugen Wahler KG reserves the right to changes in the course of the online auction. They will be an nounced in due time. 8.2 The property rights and copyrights are reserved for all images, videos, drawings, descriptions and other do cuments used for the auction. Sharing them with third parties needs the advanced written consent of Eugen Wahler KG. 8.3 German law applies to the auction and all concluded sales contracts. The terms and conditions of the auction are available in German and English. In case of contra dictions, the German version alone applies. When inter pretations of the English version are needed, the Ger man version is primarily to be used. Place of fulfilment is Bad Bevensen and place of jurisdiction is Uelzen. 8.4 If the buyer is not a merchant, according to §38 Abs. 3 No. 2 ZPO this agreement on the place of jurisdiction is only valid if the buyer moves his place of residence from Germany to another country after the conclusion of the contract or if the place of his residence or habitu al residence is not known at the time a legal action was brought forward. 8.5 Eugen Wahler KG reserves the right to change or add to these auction terms and conditions for the future. Should individual clauses of these auction terms and conditions are or become ineffective or unfeasible, the validity of the sales contract itself remains unaffected. The ineffective or unfeasible clause is replaced by pro visions that come close to the intent of the unfeasible provision.

The exclusions of liability also do not apply to damage based on a slightly negligent breach of essential contrac tual obligations (cardinal obligations) on the part of the exhibitor, but the amount is limited to the damage that is foreseeable and typical for the contract at the time of a) Eugen Wahler KG is not liable for claims arising from the arbitrated sales contract except for the provision in section 6.2.c. b) The operator is solely responsible for the online plat form. Despite carefully controlling the content, Eugen Wahler KG is not liable for the course of the online auction as well as the implementation of the respective content on the external online platform. Eugen Wahler KG is not liable for damages due to technical problems during the conduct of the online auction, system failu res, non-receipt of bids or their rejection for technical reasons. c) This exclusion of liability does not apply to personal injury resulting from damages to life, body or health based on negligence or willful breach of duty by Eugen Wahler KG, his legal representative or vicarious agent. The exclusion of liability also does not apply to other damages than personal injury caused by an act of gross negligence or willful breach of duty by the seller, his le gal representative or vicarious agent. The exclusions of liability also do not apply to damage based on a slightly negligent breach of essential contractual obligations (cardinal obligations) on the part of the exhibitor, but the amount is limited to the damage that is foreseeable and typical for the contract at the time of the conclusion of the contract. 6.3 Statute of Limitations Claims of the buyer against the exhibitor and/or against Eugen Wahler KG based on defects or damages expire after eight weeks from the transfer of risk. This does not apply if the buyer is a consumer according to § 13 BGB and the exhibitor is an entrepreneur according to § 14 BGB. In this case the limitation period is two years from the transfer of risk. The above limitations of liability and the statute of limitations do not include claims for damages arising from injury to life, limb or health based on a negligent breach of duty by the exhibitor or Eugen Wahler KG or an intentional or negligent breach of duty by a legal representative or vicarious agent of the exhibitor or Eugen Wahler KG. Other claims of damage based on a grossly negligent breach of duty by the exhibitor or Eu gen Wahler KG or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent are excluded as well. the conclusion of the contract. 6.2 Liability of Eugen Wahler KG

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