35. Herbstauktion

for horses

gender, color, age and potentially also with special family performance, photos, videos and comments (also potentially on performance). Only the information regarding pedigree, gender, color and age are characteristics of state and subject to the buyer‘s claim to performance. 4.2 Further mentioned features, in particular photos and videos as well as comments on the horses are not the subject to the buyer‘s claim to performance. They represent a description and give a first impression of the respective horse at the time of the printing of the auction catalog and online presentation. The exhibitor or Eugen Wahler KG do not assure the special abilities of the respective horse. Neither the exhibitor nor Eugen Wahler KG guarantee a certain quality or a certain purpose of the respective horse and any information on the horse that is not pedigree, gender, color and age of the horse does not become part of an agreement on the legal and factual nature. It is known that further development and future performance of horses cannot be foreseen and that they depend on a large number of different factors. 4.3 The horses have been clinically and radiologically examined by independent veterinarians acting at their own responsibility. 12 x-rays of the limbs are taken from each horse: front and back toe side, in the front the image according to Oxspring, the ankle joints in two planes (approx. 45° and approx. 115°), knee 90°. Each clinical and radiological examination will be protocolled. The protocol does not constitute characteristics of state of the horse or a contractual commitment by Eugen Wahler KG or the exhibitor, but non-binding information for interested buyers. Prior to the auction the protocols of the clinical and radiological examinations and the evaluations of the veterinarians are available to all prospective buyers, their authorized representatives and their advising veterinarians for independent information, evaluation and review. In their own interest, prospective buyers, potentially accompanied by their own veterinarians, are advised to have the findings on the respective horse explained by the veterinarians commissioned for the auction in order to be informed about the physical and health conditions of the horse. 4.4 The horse’s suitability for breeding is not examined. It is not an agreed characteristic of state of the horse. 4.5 The results of the examinations by the veterinarians, their findings and evaluations are independent services of these veterinarians. The veterinarians are not vicarious agents of Eugen Wahler KG or the exhibitors, but act independently in providing advice. Eugen Wahler KG is not liable for the

technical delays, not even for technical overload of the transmission routes. 3.2 The bidder who submits his bid via the auction platform will be informed by e-mail or in another suitable way on the auction platform that the bid is accepted and if he has been outbid. 3.3 A bid is accepted by knockdown regardless where if it was placed on site, online or over the phone. With knockdown, the bidder is buyer and the exhibitor is seller of the respective horse. The bidder is obliged to purchase the horse. In case of doubts regarding the validity of the knockdown, which must be asserted immediately, the respective auction can be resumed and continued. 3.3 A bid is accepted by knockdown regardless where if it was placed on site, online or over the phone. The assertion of doubts regarding the validity of the knockdown is still possible if the purchase note has already been signed. The latest moment to contest the validity is the final knockdown of the last horse in the respective auction. Only bidders of the contested auction, the auctioneer or a representative of Eugen Wahler KG can assert doubts regarding the validity of the respective knockdown. A representative of Eugen Wahler KG decides on the validity of the knockdown. 3.4 After a bid has been accepted, the buyer receives a purchase note or an email or other written notification, if the bid was placed online via the auction platform (hereinafter referred to as “notification” for all forms). The submission of the notification is the confirmation of the already concluded purchase contract. The notification is not an additional requirement for the conclusion of the purchase contract. If the buyer does not sign the purchase note or if he indicates during the auction that he will fail to take delivery, the respective horse can be auctioned again at the auctioneer‘s discretion. The previous buyer is liable to Eugen Wahler KG and the exhibitor for any loss. 3.5 With good cause and at his discretion, the operator can cancel the transmission of the auction via the platform at any time before the end of the bidding period. In case of technical system failures, Eugen Wahler KG is entitled to end the (online) auction. Online bids already submitted expire with the notification about the ending of the online auction without replacement. Eugen Wahler KG does not need to declare this separately. Eugen Wahler KG is not liable for damages arising from technical problems in the processing of the online auction, particularly system failures, non-receipt of bids or their rejection for technical reasons. 4. Information about the horses 4.1 The auction horses are described in the auction catalog (also online) with information on pedigree,

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