Terms and Conditions
or in the future. The parties agree that the health conditionality agreement
concluded in B. II. is conclusive and comprehensive.
The buyer shall forfeit his rights justified from the absence of guaranteed
qualities (deviation from the quality agreement under B) if he
fails to notify the Westfälisches Pferdestammbuch e.V. in text form of
such deficiency within eight weeks counted from the day of the auction
or dispatches text form notification within this period of time.
Such forfeiture does not apply if the seller has fraudulently concealed
this deficiency. Apart from that the buyer will lose his rights regarding
any deficiency of sexual ability for breeding (see B. II.), if he does
not notify of any deficits regarding
1. the immaculate condition of the sexual organs within eight weeks
2. the ability to mate within six months
3. the ability to fertilise within nine months
from the date of purchase to the Westfälische Pferdestammbuch e.V.
in text form or dispatches the notification within this time-frame.
In case of a dispute concerning the existence of a deficiency of the
sexual suitability for breeding as defined above, the buyer has to apply
to the University of Veterinary Medicine Hannover (“Stiftung Tierärztlichen
Hochschule Hannover, reproduktionsmedizinische Einheit,
Kliniken für Pferde”) for an expert’s opinion within two weeks after
refusal of the complaint to be prepared in text form beforehand. The
requirements for this examination as well as the interpretation of the
result meet the recommendation of the FN (Deutsche Reiterliche Vereinigung)
regarding the warranty ascertainment for covering stallions
(Gewährschaftsbestimmungen für Besamungs- und Deckhengste
des Jahres 2013). The report will be binding for all involved parties.
If the buyer misses the deadline, he will lose his possible rights regarding
the claimed deficiency. The seller will bear the costs of the
proceedings, if the claim of deficiency is proven. Otherwise the buyer
will bear the costs.
D. Delivery and Passing of the risk
I. Horses / licensed stallions
The buyer or his representative is required to take possession of the horse
immediately after conclusion of the sales contract.
With the knock-down that substitutes for the change of possession, the
risk has passed to the buyer, even if the horse remains in safe-keeping
of the association at first. The ownership rights will only change to the
buyer when the payment has been issued in full. This applies, when
the supplier remains reservation owner. The grooms must care for the
horse’s well-being until the horse is loaded and they will assist loading
the horse. The horses will be given out with a head collar and rope. The
association can only be made liable for any damages of the horse that
has been caused by purpose or gross negligent.
I. With the exception of the quality agreement stated under B. the
horse/licensed stallion is sold as seen with any further liability/warranty
excluded. The Westfälisches Pferdestammbuch e.V. does not
take on any liability or warranty for certain characteristics or purposes.
In respect of the condition the state described in under B. is contractually
II. The exclusion of liability as prescribed in figure I. is not applicable
if the reasons and conditions justifying liability are on the part of the
supplier or a matter of gross negligence/or in case of personal injury.
In case of personal injury liability stands, even at simple negligence.
III. Necessary outlays are limited to the reimbursement of necessary
feeding costs and stabling costs, farrier costs as well as veterinary
support. The costs for re-transportation will be reimbursed by the
seller, as far as this occurred or will occur within the Federal Republic
of Germany. The buyer is responsible for transport costs up to the
borders of the Federal Republic of Germany. For further costs, namely
training, replacement as well as possible financial losses the Westfälisches
Pferdestammbuch e.V. cannot be held liable as stated in the
standards given under figure II.
F. Limitation of liability in time
The buyer´s warranty claims shall become time-barred three months
after delivery of the horse/licensed stallion with the exception of possible
defects in the form of sexual fitness for breeding in the case of
stallions, for which the periods listed in letter C continue to apply. Excepted
from this limitation of warranty are all damage claims based
on at least gross negligence of duty by the seller, his legal representative
or a person he has employed, concerning life, body or health or a
gross negligence of duty in other claims.
I. The biddings on the horses are counted in Euro.
Only biddings of at least 500.00 Euros will be accepted.
II. The bids are made by hand signals using a bidder card and/or in
electronic form. The latter requires that the bidder has previously registered
and authenticated himself with the organizer for participation
in the bidding procedure. The registration takes place via the domain
of the organizer - onlineauction.westfalenpferde.de.