ARTICLE 14. INVOICING AND PAYMENT
14.1 A buyer shall owe Horse Select Auction an auction charge of 10% of the last bid made by the buyer. The auction charges must be increased by 21% VAT. Horse Select Auction will send the buyer an invoice for the auction costs owed by the buyer to Horse Select Auction. In addition, the buyer will receive an invoice from the seller relating to the purchase price, which may be increased by 21% VAT if the horses are sold with the application of VAT. The invoices are payable on their due date. If the buyer fails to pay on time in the manner prescribed by Horse Select Auction, the buyer will be in default towards Horse Select Auction and the seller, and Horse Select Auction and the seller will be entitled to interest at 10% per annum up to the date of full payment, as well as to irreducible compensation of 10% of the invoice amount. If the seller or the buyer dissolves the sales contract or affects it in any other way, or if it is dissolved on the part of the buyer or the seller, the buyer will still owe Horse Select Auction the auction costs, without prejudice to any other rights Horse Select Auction may have in that case. If the invoice for the sale of the horse or embryo remains unpaid after 7 days, Horse Select Auction may declare the sale to be cancelled by operation of law without prior notice and the lot will then remain the property of the original seller.
ARTICLE 15. FOAL
15.1 At the auction of a foal, the buyer pays the full purchase price (highest bid + auction fees + possible VAT) into the account of Horse Select Auction. Transfer of ownership of the foal takes place at the time of allotment in the auction, but the seller remains responsible for the foal until the moment of delivery to the buyer. The seller undertakes to reach a sound agreement with the buyer 15.2 regarding the weaning and delivery of the foal. The foal must be at least 150 days old at weaning. Unless otherwise agreed between the buyer and the seller, the seller must deliver the foal to the Belgian buyer. A foreign buyer will always collect the foal from the seller, unless otherwise agreed between the two parties.
15.3 Horse Select Auction will pay the seller when a signed proof of delivery of the foal arrives at the auction committee. Delivery cannot take place without the foal's passport.
ARTICLE 16. DELIVERY
16.1 The buyer is obliged to take delivery of the purchased horse or foal at the place and time determined by Horse Select Auction on presentation of a proper proof of identity. The horse or foal must be picked up no later than 7 days after it has been allotted. Delivery of the horses takes place by placing the horses at the disposal of the buyer or a carrier appointed by him. The risk is for the purchaser from the moment of delivery to the purchaser or to a carrier appointed by him. Acceptance shall take place under the suspensive condition that the full purchase price, auction costs and any other amounts due have been paid by the buyer. If the buyer refuses to accept delivery or fails to provide information or instructions necessary for acceptance, the horses will be kept by Horse Select Auction at the buyer's risk. In this case, the buyer is obliged to pay all additional costs, including in any case stabling and transport costs, to Horse Select Auction, in which case horses will only be delivered by acceptance if and when the buyer has also paid the above-mentioned costs in full.
ARTICLE 17. LIABILITY
17.1 Any other liability of Horse Select Auction is excluded. Insofar as it would be judged otherwise by the law, the liability of Horse Select Auction is limited to the amount paid out by the insurer. If, in any case, the insurer does not pay out or if the damage is not covered by the insurance, the liability of Horse Select Auction shall be limited to a maximum of the net invoice amount for auction costs received by Horse Select Auction within the framework of the assignment it has carried out. Horse Select Auction draws the attention of the buyer to the possibility of having the purchased lot insured. If, for any reason, the buyer claims that the sale is void or dissolved, it is the seller of the horse who must comply with this.
ARTICLE 18. AUCTION HORSES; LIABILITY
18.1 The horses offered in the auction are identified by pedigree, sex, color and year of birth, as indicated on the website www.horse-select.auction.
18.2 Of the sporthorses that will be sold through the auction, an X-ray inspection will be requested in a period of 12 months preceding the auction. A usual clinical (sport horse) inspection will be requested in a period of 45 days prior to the auction.
18.3 Horse Select Auction has thus endeavoured to ensure that healthy sport horses are offered at the auction, i.e. those that are suitable for sport in terms of health. Despite these precautions, Horse Select Auction cannot guarantee that the auctioned sporthorses will also be clinically and radiographically healthy upon delivery.
18.4 The fact that examinations and reports are requested does not mean that these will always be available (on time) and/or may not contain any comments. Horse Select Auction therefore cannot be held liable by buyers for claims of non-conformity (or other legal claims based on this factual basis) regarding the state of health, performance and/or use of the horses to be auctioned.
18.5 The information is intended to give the best possible impression of the horses, however, without claiming to be complete. The organization is not responsible for the accuracy of the information on the website and in the auction catalog, at the auction site or during the auction. Information from the auctioneer takes precedence over information on the website and/or in the auction catalog. By signing the contract of sale, the buyer confirms that he is aware of the information of the horse and the availability or possible lack of information/inspections/reports at the time of the auction. The buyer thus buys the horse in the condition it is in at the time of signing the contract of sale.
18.6 Horse Select Auction is not liable for damage to persons or property which occurs prior to, at the time of and/or after the Auction, except if this damage is the result of deliberate action or conscious recklessness on the part of Horse Select Auction, including persons who are in charge of this company.
ARTICLE 19. SURRENDER, TRANSFER OF RISK AND OWNERSHIP
19.1 Immediately after a horse has been awarded, the risk concerning the purchased horse passes to the buyer and all responsibilities and liabilities, as well as all risk factors, are transferred to the buyer in question. The buyer will indemnify Horse Select Auction and the seller against all third party claims in this regard.
19.2 Ownership of the horse sold passes to the buyer at the time of acceptance, but not before the buyer has paid Horse Select Auction the full purchase price, debts and any amounts owed on grounds of non-compliance.
19.3 The buyer is obliged to take delivery of the horse purchased at the time and place stipulated by Horse Select Auction/seller, failing which the buyer must do so within 5 days of the end of the Auction. If Horse Select Auction/seller so requests, this will be done on presentation of a proper proof of identity. The delivery of the horse purchased takes place by the off-take. Acceptance consists of the buyer picking up/receiving the horse purchased. The horse can only be taken delivery of after the purchaser has paid the full purchase price and all other amounts owed. If the buyer refuses to accept delivery or fails to provide information or instructions necessary for acceptance, the horse sold will be removed by Horse Select Auction/seller and stored at the buyer's expense and risk. In this case, the buyer is obliged to reimburse Horse Select Auction and/or the seller for all additional costs, including in any case stabling costs.
ARTICLE 20. SHORTCOMINGS (INCLUDING STABLE DEFECTS)
20.1 If a buyer believes that the horse purchased after actual delivery does not comply with the agreement, the buyer can no longer make a claim on this if it has not informed the seller (with a copy to Horse Select Auction) by registered letter within three weeks after the auction date.
20.2 The seller guarantees that the horse purchased by the buyer, unless notified prior to the sale, does not suffer from the stable defects such as air sucking, systematic weaving or manger biting during a period of 2 x 24 hours after actual delivery to the buyer.
20.3 If a veterinarian registered as a horse examiner or equine veterinarian states in writing that, in his expert opinion, one of the stable defects referred to in Article 6.2 existed before the date of actual delivery, the Buyer shall be entitled to rescind the contract of sale. In that case the Purchaser shall return the purchased horse to the Seller as soon as possible. Until the moment of delivery the purchaser will take care of the horse as a good custodian. The seller will accept the horse and within 7 days after the return of the horse refund the purchase price excluding the commission surcharge. The seller is not liable to compensate any further damage on the part of the buyer. Horse Select Auction shall not be liable for any damage on account of the dissolution. The dissolution of the purchase agreement does not affect the validity of the mediation agreement between Horse Select Auction and the buyer.
ARTICLE 21. APPLICABLE LAW, DISPUTES AND COMPETENT COURT
21.1 The Public Prosecutor shall settle in the first and last instance all disputes which may arise during the auction concerning the adjudication. The mediation and intervention of Horse Select Auction and the sale shall take place in accordance with Belgian law.
21.2 All disputes must be reported in writing to the Horse Select Auction committee within 5 working days.
21.3 In the event of a dispute between the parties, they shall endeavour to resolve the dispute amicably. If one of the parties feels that no solution has been reached, the court appointed by Horse Select Auction has sole jurisdiction. Belgian law applies to all agreements between Horse Select Auction and other parties.
ARTICLE 22. OTHER PROVISIONS
22.1 Horse Select Auction reserves the right to modify these auction conditions. In case of adjustments, the new auction conditions will apply from the next auction.
22.2 After the purchase, Horse Select Auction will send a payment request to the buyer with all amounts and bank details. Upon receipt of all full payments on Horse Select Auction's account, Horse Select Auction will exchange buyer and seller contact information and vice versa to agree on the transfer of the horses, passports and invoices or private purchase agreements.
22.3 Bank transfers may take some time. Do not allow transportation to be arranged until payment has been confirmed by JM Company. No horses/passports may be transferred to the buyer or transporter or other third parties until Horse Select Auction has confirmed in writing that full payments have been verified on Horse Select Auction's account. (not based on screen shots or payment statements).
22.4 Exporting in EU - Intra-Community Delivery. Buyers must send the correct VAT number and signed document "Declaration of Transport" to Horse Select Auction.
22.5 Export outside EU: The applicable VAT must be paid in advance or as a deposit and will be refunded after the buyer delivers the official customs document of the export within 6 weeks from the payment date. After 6 weeks, the VAT must be reclaimed by the buyer in the country of destination.