Summer Edition - Fohlen

Terms of Sale

gnized 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 foal agreed according to Section 4.1. In particular, no liability is accepted for the foal‘s state of health. If the exhibitor is a consumer according to § 13 BGB or the buyer and exhibitor are entrepreneurs according to § 14 BGB the liability of the exhibitor for any warranty rights and material defects, in particular for reduction is limited according to the following re gulations: b) In the event of liability, the exhibitor is primarily en titled 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 Medi cine Hanover the cure of an illness cannot be expected within six months of treatment. The survey of the Uni versity 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 foal. In addition, the exhibitor owes the reimbur sement 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 ex hibitor reimburses the costs of return transport within Germany with € 0.50 per kilometer traveled. If the buyer takes the foal abroad, he pays the costs of the return transport to the German border. The exhibitor is not liable for any other costs. 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 de struction of the foal 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 wilful breach of duty by the Eugen Wahler KG, his legal representative or vicarious agent. The exclusion of liability also does not apply to other

knockdown price + VAT (rate depending on the seller‘s assessment) (0%, 9.5%, 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 sales price 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 foal 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 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 foal 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 foal accor ding to § 449 German Civil Code (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 7 working days (including Saturday) after the end of the auction, the seller can withdraw from the sales contract and sell the foal 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 reco

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