AUCTION CONDITIONS

  Introduction:    

1. Washington Events bv, organises The Equine Elite Auction (hereinafter: 'the auction') annually on the last Saturday Of October at Paardensportcentrum "Stal Korenbloem" in Weert.
2. Washington Events bv is in no way the legal seller of the horse(s). The contract of sale is direct between the entrant/owner and the bidder/purchaser. The name of the seller is stated on the contract of sale and can also be requested from the auction office.
3. These auction conditions apply primarily to the relationship between Washington Events bv and the bidder/purchaser. Bidder/purchaser also includes any legal successors/assignees.
4. Participation in the auction shall be deemed as acceptance of these auction terms and conditions to the exclusion of any terms and conditions to be applied by the participant himself.

The auction:

5. The horses will be sold outright, without proceedings or recompense, in the state in which they were allotted.
6. The auctioneer has the authority to change the order of auction or to deny persons as bidders/purchasers.
7. The Bidder/purchaser is deemed to be fully commercially competent and to be in full possession of their mental faculties. Each bidder/purchaser is deemed to have bid for him/herself and will be held to his/her bid until a higher bid has been definitely accepted. A bidder/purchaser is, along with his/her eventual principal, fully responsible for non-fulfillment of his/her obligations.
8. Registered horses will be sold by auction. If no bid is made, then the horse remains unsold. Bidding increments will be determined by the auctioneer and made clear to the public prior to the auction.
9. The risk in respect of the horses, including but not limited to damage to and caused by the horses, shall immediately pass from the seller to the bidder/purchaser at the time of aollotment. As long as Washington Events bv has not received full payment from the bidder/purchaser, the seller shall remain the owner of the horse.
10. The bidder/purchaser is obliged to sign a written purchase agreement immediately after the allotment and where neccesary present their identification. Should the purchase agreement not be immediately presented to the bidder/purchaser for signing, then the bidder/purcherer must report to the secretariat of Washington Events bv immediately after the auction. Bidding commences from 10,000,-

Information on the horses:

11. Washington Events bv has attempted to compile the catalogue as accurately as possible. The information on the pedigrees and/or the horses is intended to give an impression of the quality of the horses, without pretending to be complete and without giving any guarantees. Interested parties are advised to conduct their own research into the accuracy of published data.
12. A copy of the veterinary report as well as X-rays may be inspected upon request prior to the auction and on the day of the auction. The contents of the veterinary report, X-rays and any other veterinary report provided by Washington Events bv shall be binding for Washington Events bv and any bidder/purchaser.
13. The bidders/purchasers are obliged to provide information regarding their financial standing at Washington Events bv's request, submitting documents to Washington Events bv showing such standing. By requesting to participate in the auction, the bidders/purchasers authorise Washington Events bv to obtain information from third parties regarding their financial standing.

Costs and Payment:

14. At the auction, the bidder/purchaser shall pay the purchase price (highest bid) plus 8% auction premium (excluding VAT) over the purchase price (including VAT if applicable), in cash at the Washington Events bv secretariat, in euros without any discount or deduction.
15. Only with prior written permission from Washington Events bv shall a bidder/purchaser have the right to pay by bank transfer, whereby the amount due must be credited to the account number of Washington Events bv within 7 days after the auction. The bidder purchaser is then obliged to insure the horse with immediate effect at the bidder/purchaser's expense.
16. If the bidder/purchaser is in default, Washington Events bv has the authority to immediately re-auction the horse, whereby the bid of the original bidder/purchaser will not be accepted. The original bidder/purchaser is obliged to pay Washington Events bv the difference between his original bid and the final lower purchase price, as well as any costs of re-auction. The bidder/purchaser will then have no claim in the event of higher proceeds after re-auction.
17. Washington Events bv shall have the power to revoke the consent it has given at any time if, in its opinion, there is doubt about the financial soundness of the bidder/purchaser or the security provided.
18. Payment to any other party than Washington Events bv, does not release the seller or bidder/buyer from their payment obligations to Washington Events bv.
19. In the event that Washington Events bv has not received complete payment from the bidder/purchaser within 7 days of the auction, the bidder/purchaser is legally in default. The bidder/purchaser shall then, in addition to the other amount owed by him (sub 14), owe to and for the benefit of Washington Events bv a compensation in the amount of 12% (including VAT) of the purchase price (including VAT). The total amount owed by the bidder/purchaser shall also be increased by the statutory interest, to be calculated from the auction until the time of complete payment.
20. In the event that Washington Events bv has not received complete payment from the bidder/buyer within 7 days after the auction, Washington Events bv shall furthermore have the authority without notice of default on behalf of the seller and without his consent to regard the sale as dissolved. The seller and bidder/purchaser shall in that case remain bound to Washington Events bv to fulfil all their payment obligations mentioned in these auction conditions, insofar as these concern compensation for the benefit of Washington Events bv. This includes but is not limited to the 8% auction commission (sub 14) as well as the 12% compensation (sub 19).
21. If Washington does not dissolve the purchase, then Washington is entitled to collect the purchase price and all additional costs of legal assistance, stabling/training costs and interest on behalf of the seller, whether or not through legal proceedings under Dutch law. The seller assigns their claims on the buyer to Washington Events bv.
22. If the bidder/purchaser is in default with respect to its (payment) obligations, all (extra)judicial costs incurred by Washington Events bv as a result shall be borne by the bidder/purchaser, with a minimum amount of € 1,000.00 including VAT.

 Selections and judging horses for auction:

22. All horses have undergone a veterinary examination prior to the auction. A copy of the veterinary examination as well as any X-rays will be available for inspection prior to the auction. A veterinarian will be present before and during the auction to provide clarification and any questions regarding the veterinary examination.

Issue and removal of horses:

23. The bidder/purchaser is responsible for the care of the horse immediately after it has been allotted and is liable for any damage to the horse, or caused by the horse.
24. If and only after the bidder/purchaser has fully complied with his (payment) obligations, including payment obligations concerning compensation for the benefit of Washington Events bv, the bidder/purchaser can dispose of the horse, whereby he will receive the necessary documents. Washington Events bv is never obliged to surrender the horse if the bidder/purchaser has not fully met his (payment) obligations. After a period of 96 hours, unless expressly agreed and confirmed in writing, the buyer/bidder shall owe Washington Events bv a fee of € 92 euros per day (ex VAT) due to training & stabling costs.

Stable vices and defects:

25. 30. In the event where a bidder/purchaser detects stall vices in the horse purchased, whether crib-biting, weaving or wind-sucking, the bidder/purchaser must, within 7 days after the auction, notify Washington events bv in writing with a description in as much detail as possible of the nature of the stall vice. In such cases, Washington events bv will remove the horse to a location of their choice with the aim to having the horse examined by a veterinary surgeon assigned by them in order to have the stall vice, as described by the bidder/purchaser, examined. The veterinary surgeon’s conclusion of the nature of the stall vice is binding. In the event where, in the judgment of the veterinary surgeon, there is such a stall vice as described by the bidder/purchaser, then the bidder/purchaser has the right to annul the sale.
26. If the bidder/purchaser does not report said stall vices or (other) defects within the aforementioned period of 7 days after the auction in the aforementioned manner and/or if the aforementioned veterinary surgeon does not ascertain the stall vices or (other) defects, the bidder/purchaser's right to rescind the sale or invoke a lack of will shall lapse.

Dissolution and annulment:

27. If the sale is legally dissolved by the bidder/purchaser or the seller, the bidder/purchaser shall remain bound to fulfil all payment obligations to Washington Events bv as decribed in these auction conditions, insofar as they concern compensation for the benefit of Washington Events bv. The sale may be dissolved or annulled with due observance of the relevant statutory provisions in force, insofar as these auction terms and conditions do not deviate from them in a legally valid manner.

Liability:

28. Although Washington Events bv strives to provide information that is as complete and accurate as possible, Washington Events bv is not liable for the accuracy of the information in the catalogue, the information given on the auction website and the information given during the auction.
29. Washington Events bv is not liable for the accuracy of the information in the veterinary report, the veterinary information given at the auction grounds and the information during the auction. To this end, the buyer/bidder should contact the veterinarian.
30. Washington Events bv is not liable for any damage suffered by and/or to persons, goods or horses prior to, during or after the auction.
31. With regard to the horses, Washington Events bv does not take out insurance for the benefit of the bidders/purchasers. Since bidders/purchasers participate in the auction entirely for their own account and risk, Washington Events bv advises them to take out such insurance themselves.
32. Washington Events bv is not liable for shortcomings of third parties.
33. Washington Events bv excludes liabilities, except in case of intent or gross fault of Washington Events bv.
34. Anyone who causes damage to (goods of or used by) Washington Events bv is liable for such damage.
35. Bidders/purchasers are liable for all damage caused by them. The bidders/purchasers indemnify Washington Events bv against any claims by third parties (including other bidders/purchasers, or visitors or exhibitors) in this respect.

Other:

36. If, with regard to the transfer of auctioned horses to another Member State of the European Union, invoicing is carried out at the zero VAT rate at the request of the bidder/purchaser, the bidder/purchaser undertakes to fulfil all necessary conditions to that effect in order to achieve a legally valid intra-Community transaction.
37. If, with regard to the transfer of auctioned horses to a country outside the European Union, the VAT zero rate is invoiced at the request of the bidder/purchaser, the bidder/purchaser undertakes to fulfil all necessary conditions to that effect in order to achieve a legally valid export transaction.
38. In case application of the zero VAT rate turns out not to be possible for whatever reason (afterwards), the bidder/purchaser shall at that time still owe an amount equal to the amount that would be due in the case of a domestic delivery of the horse concerned. At the request of Washington Events bv, the bidder/purchaser shall be obliged to immediately pay the aforementioned amount to Washington Events bv. Then repayment thereof shall only take place if the bidder/purchaser has fulfilled Washington Events bv conditions (sub 36/37). The bidder/purchaser shall be liable and shall in any case indemnify Washington Events bv for all damages resulting from the failure to comply with the conditions (sub 36/37). In addition, the bidder/purchaser is liable for all (extra)judicial costs incurred by Washington Events bv, with a minimum amount of € 1,000.00 including VAT.

Conversion:

39. If one or more of the provisions mentioned in these auction terms and conditions should be or become invalid, the other provisions shall remain valid. In that case, a new provision shall take the place of the said invalid provision, which shall correspond to the said old invalid provision as far as possible as regards content, scope and purpose.

Disputes:

40. Should a difference of opinion arise at an allotment as to who made the last bid, or should other difficulties, ambiguities and disputes arise in respect of bids and/or about the allotment, the auctioneer is authorised to pronounce a binding opinion thereon. In case of the aforementioned difference of opinion concerning the last bid, the auctioneer is authorised to continue the sale by auction.
41. The legal relations between Washington Events and the bidder/purchaser are exclusively governed by Dutch law, with complete exclusion of the Vienna Sales Convention (CISG). Disputes, other than those that are subject to the judgement of the auctioneer or the notary as a result of the provisions under sub 40, shall be exclusively settled by the competent court in Roermond. NOTE: These conditions are a translation from the Dutch language. In tthe case of dispute only the original Dutch version is binding.