35. Herbstauktion

Terms of sale

the EU have to provide a valid VAT ID number as proof of their entrepreneurial status. 5.4 With knockdown, the respective insurance contract for the horse is transferred from Eugen Wahler KG to the buyer as legal successor. The insurance premium is settled with the auction bill. 5.5 The seller reserves the ownership of the horse according to § 449 BGB until the invoice and potential other costs accrued have been paid fully to Eugen Wahler KG. 5.6 If the buyer does not pay the billing amount within seven (7) working days (including Saturday) after the end of the auction, the seller can withdraw from the sales contract and sell the horse elsewhere. Eugen Wahler KG and the seller reserve their right to claim damages - for example in the event of a shortfall in proceeds. 5.7 The buyer can only offset his own payment claims against claims of Eugen Wahler KG if his claims have been legally established, are undisputed or are recognized by Eugen Wahler KG. The buyer can only exercise a right of retention if his counterclaim is based on the same contract. 6. Liability and Statute of Limitations 6.1 Liability of the exhibitor a) The exhibitor is only liable for defects of the quality of the horse agreed according to Section 4.1. In particular, no liability is accepted for the horse‘s state of health. The liability of the exhibitor for any warranty rights and material defects, in particular for reduction is limited according to the following regulations: b) In the event of liability, the exhibitor is primarily entitled to subsequent performance. If the rectification of defects is unreasonable or impossible, the exhibitor is entitled to make subsequent deliveries. The subsequent performance is limited if, according to an respective expert opinion from the University of Veterinary Medicine Hanover the cure of an illness cannot be expected within six months of treatment. The survey of the University of Veterinary Medicine Hanover is binding for both parties. c) If the buyer effectively withdraws from the purchase contract, the exhibitor (seller) owes the repayment of the purchase price concurrently against restitution of the horse. In addition, the exhibitor owes the reimbursement for necessary costs as for feeding and livery, blacksmithing and veterinary services. The cost of livery is accepted as necessary up to € 7.00 per day. The exhibitor reimburses the costs of return transport within Germany with € 0.50 per kilometer traveled. If the buyer takes the horse abroad, he pays the costs of the return transport to the German border. The exhibitor is not liable for any other costs.

correctness of the findings and evaluations from the findings by the examining veterinarians. 5. Billing and payment 5.1 The knockdown prices are net prices. The buyer has to pay the exhibitor the knockdown price plus the applicable VAT. The VAT is based on the knockdown price and it varies depending on the exhibitor‘s (seller) assessment as private sale or small business according to §19 UStG (0% VAT), flat-rate farmer (9% VAT), or commercial entrepreneur (19% VAT), as well as the respective country‘s individual tax rate for foreign commercial sellers. The VAT rate for the exhibitor is declared in the auction catalogue. The exhibitors provide this information in advance and the Eugen Wahler KG is not liable for the accuracy. Eugen Wahler KG bills for the services as the host of the online auction an auction fee based on the knockdown price plus the statutory VAT and further costs. Eugen Wahler KG insures all offered horses in collective insurance and bills for this the amount of 1% of the sales price plus VAT. In detail, the bill is calculated as follows: knockdown price + VAT (rate depending on the seller‘s assessment) (0%, 9%, 19% or EU-TAX rate) + the auction fee of 6% of the knockdown price plus 19% VAT on the auction fee (according to §12,2 UStG) + 1% for the insurance plus 19% insurance tax on the insurance fee = billing amount 5.2 Eugen Wahler KG has been irrevocably assigned by the seller to collect the billing amount as well as potentially commence a lawsuit and has accepted the assignment. The billing amount is immediately due for payment to Eugen Wahler KG without deduction upon confirmation of the conclusion of the sales contract. When paying with bank transfer, the amount has to be paid within seven working days (Saturday included) onto the bank account provided with the bill. Any additional costs and interest arising from the bank transfer are to be paid by the buyer. In addition, buyers from abroad will be billed with any fees of the state official veterinarian for his necessary services. 5.3 If the exhibitor is commercial entrepreneur (19%) or opting farmer (19%), a sales tax refund is possible for buyers from abroad. An invoice with German sales tax will be issued first. If the buyer proves that the horse has been brought abroad, the first invoice will be canceled and replaced by an export invoice without sales tax. Foreign buyers who are entrepreneurs from

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