Summer Edition - Fohlen

for foals

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 foal. The bidder is obliged to purchase the foal. In case of doubts regarding the validity of the knock down, which must be asserted immediately, the respec tive auction can be resumed and continued. 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 foal in the re spective auction. Only bidders of the contested auction, the auctioneer or a representative of Eugen Wahler KG can assert doubts regarding the validity of the respec tive 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 foal can be auctioned again at the auctioneer‘s discreti on. 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 plat form 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 Wahl er 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 auc tion, particularly system failures, non-receipt of bids or their rejection for technical reasons. 4. Information about the foals 4.1 The auction foals are described in the auction cata log (also online) with information on pedigree, gender, color, age and potentially also with special family per formance, photos, videos and comments (also potenti ally 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 foals are not the subject to the buyer‘s claim to performance. They represent a description and give a first impression of the respective foal 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 foal. Neither the exhibitor nor Eugen Wahler KG guarantee a certain quality or a certain purpose of the respec tive foal and any information on the foal that is not pedigree, gender, color and age of the foal does not become part of an agreement on the legal and factual nature. It is known that further development and future performance of foals cannot be foreseen and that they depend on a large number of different factors. 4.3 The foals have been clinically examined by indepen dent veterinarians acting at their own responsibility. The foals are not radiologically examined. Each clinical examination will be protocolled. The protocol does not constitute characteristics of state of the foal or a con tractual commitment by Eugen Wahler KG or the exhibi tor, but non binding information for interested buyers. Prior to the auction the protocols of the clinical exa minations and the evaluations of the veterinarians are available to all prospective buyers, their authorized representatives and their advising veterinarians for in dependent 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 foal explained by the veterinarians commissioned for the auction in order to be informed about the physical and health conditions of the foal. 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 pri vate sale or small business according to §19 UStG (0% VAT), flat-rate farmer (9.5% VAT), or commercial entre preneur (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 foals in collective insu rance and bills for this the amount of 1% of the sales price plus VAT. In detail, the bill is calculated as follows:

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