35. Herbstauktion

for horses

or against Eugen Wahler KG based on defects or damages expire after three months 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 at least based on a negligent breach of duty by the exhibitor or Eugen Wahler KG or by a legal representative or vicarious agent of the exhibitor or Eugen Wahler KG. Other claims of damage at least based on a grossly negligent breach of duty by the exhibitor or Eugen Wahler KG or by a legal representative or vicarious agent are excluded as well. 7. Acceptance and transfer of risk With the knockdown the purchase contract for the respective horse is concluded. The knockdown also replaces the handover. With the knockdown, the risk according to § 446 BGB passes to the buyer, even if the horse initially remains in the custody of Eugen Wahler KG or the exhibitor. This also applies if the exhibitor initially remains conditional owner of the horse. 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. 8.2 The property rights and copyrights are reserved for all images, videos, drawings, descriptions and other documents 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 contradictions, the German version alone applies. When interpretations of the English version are needed, the German version is primarily to be used. 8.4 Place of fulfilment is Bad Bevensen and place of jurisdiction is Uelzen (Germany). 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 habitual 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 provisions that come close to the intent of the unfeasible provision.

d) The buyer‘s claims for damages are limited to the claims listed below: Costs for transport from the auction stable to the buyer‘s stable within Germany, necessary livery and feed costs, costs of the veterinary examination, blacksmith costs and other necessary costs for veterinary services. e) The right of the exhibitor to claim benefits and/or compensation for the benefits drawn, consumption, sale, encumbrance, processing, deterioration or destruction of the horse remain unaffected by the above regulations. f) This exclusion and limitation 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 the 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 legal 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. 6.2 Liability of Eugen Wahler KG 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 platform. 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 failures, 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 at least based on a negligent 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 at least caused by an act of gross negligence by Eugen Wahler KG, his legal representative or vicarious agent. The exclusions of liability also do not apply to damage at least 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/

87