Terms and Conditions
A. General Terms
1. The auction is organized by the Westfälisches Pferdestammbuch
e.V., Sudmühlenstr. 33, D-48157 Münster.
It sales the horses listed in the catalogue under its own name and
for the account of the exhibitors (commission business).
2. The auction is a publicly accessible auction (§ 312 g number 10
BGB), which is also conducted and carried out by a publicly appointed
and sworn auctioneer in accordance with § 34 b para. 5 GewO (Trade
Regulation Act) (§ 383 para. 3 BGB), in which the horses are sold as
used items in a legal sense.
The regulations of the sale of consumer goods are thus not applicable
according to § 474 para. 2 S. 2 BGB.
B. Quality Agreement
The offered horses, that are not intended to serve for food production,
will be sold as seen and have featured the following essential
characteristics at the time of delivery, which are also subject-matter
in the contract of sale:
I. External characteristics:
1. The pedigree as stated in the catalogue.
The pedigrees stated in the catalogue are based upon the breeding
certificate which is handed over to the buyer.
2. Sex, colour and year of birth as stated in the catalogue.
The representation of the horse in the auction catalogue, also the
classification of the abilities of this horse as a dressage/show jumping/
eventing horse, is not part of its characteristics of state. An assurance
of any specific abilities of a particular horse is explicitly not
II. State of health
The horses offered for sale have been clinically examined and x-rayed
within the time-frame given by the Westfälisches Pferdestammbuch
e.V. – directly after the pre-selection – at which the “Veterinary
Standards for Licensings for German Horse Breeding Populations”
have been applied. The following x-rays have been taken on the sedated
horse without horse shoes and the side-indicator within the shot,
according to the “Guidance for the radio-graphical evaluation during
the Sale-examination of the horse” (Röntgen-Leitfaden 2018).
Front extremities (each on both sides) (German notation according to
aforementioned “Röntgen-Leitfaden 2018”)
• Huf 90° / Zehe 90° / Huf 0° nach Oxspring
(mit Abbildung des Fesselgelenkspaltes)
• Hind extremities (each on both sides) (German notation
according to aforementioned “Röntgen-Leitfaden 2018”)
• Zehe 90° / Sprunggelenk 0° / Sprunggelenk ca. 45° /
Sprunggelenk ca. 135° / Knie ca. 90° / Knie 180°
Concerning the clinical exam a veterinary examination protocol has
been made that may be viewed by prospect buyers in the auctioneer’s
office, as well as with the responsible veterinarian.
The x-rays listed above will not be evaluated, however these are
available throughout the licensing days to be viewed by prospect
buyers as well as the clinical examination protocol.
Prospect buyers may have the x-rays evaluated by a veterinarian of
their choices or by one of the auction veterinarians. The results of the
objective medical ascertainment, that consists solely on the protocol
made during the clinical exam and is available to be viewed, as well
as the visual state seen in the x-rays, represent the state of health
of the horse. The buyer is informed, that the taken x-rays represent
standardized shots, which cannot account for all radio-graphical findings.
Both parties agree, if the state of health is affected outside
the depth of the clinical sales-examination, the state of health is an
unknown and imponderable within the contractual characteristics.
Further characteristics with concern to performances, health or any
further features of the horses are not part of the sale contract.
For the sale of licensed stallions an additional agreement on the state
of health applies with concern for the sexual ability to breed as
• Immaculate condition of the sexual organs, measure by
• Sexual ability to mate
• Fertilisation capacity
III. The auctioneer will announce current health concerns and essential
changes to the catalogue description of a horse on the auction day.
IV. The exhibitor / supplier as seller as well as the Westfälisches Pferdestammbuch
e.V. explicitly carry no guarantee. This applies in particular
to certain characteristics of the horse or purposes. The parties
agree that the further development and further skills of the horse are
not foreseeable. Any verbal statements made by the seller / association
concerning the assignment of the horse as a riding, sporting and
breeding horse and with regard to its predominant enduring suitability
do not represent any quality features but are based on subjective
impressions. A condition or guarantee with regard to particular competitive
or reproductive abilities and performances is not given now