35. Herbstauktion

for foals

location specified by the seller until it is handed over to the buyer. This location is the place of performance agreed upon in the sales contract. The foal must be handed over and 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 handover is possible. The buyer and the seller have to agree upon the actual handover date. For this purpose the buyer receives the seller‘s contact details. b) Until handover, the seller bears the risk of accidental 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 handover 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 announced in due time. 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. Place of fulfilment is with regard to the performance of the auction Bad Bevensen and place of jurisdiction is Uelzen. Place of fulfilment is with regard to the handover of the foal is according to Section 7.a) the location of the foal specified by the seller. 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 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.

other damages than personal injury caused by an act of gross negligence or wilful 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 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 ot her 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 at least on a least 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 at least on a negligent breach of duty by the exhibitor, Eugen Wahler KG, a legal representative or vicarious agent of the exhibitor or Eugen Wahler KG. Other claims of damage based at least on a grossly negligent breach of duty by the exhibitor, Eugen Wahler KG, a legal representative or vicarious agent are excluded as well. 7. Handover and transfer of risk a) The purchase contract for the respective foal is concluded with knockdown. The foal remains at the

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