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EQUINE AUCTION HOUSE LTD TERMS & CONDITIONS (Horses, Ponies & Lots).
What these terms cover:
These are the terms and conditions on which we supply a horse, pony or lot to you by Private Sale or by Public Auction.
Why you should read them:
Please read these terms carefully, these terms tell you who we are, how we will provide our products to you, and other important information.
Who we are:
EQUINE AUCTION HOUSE LTD (EQUAH), an online auction is organized by EQUINE AUCTION HOUSE LTD, a limited Liability company registered in England with company number: 13790437 and registered office address at Leigh Stud, 45 Malmesbury Road, Wiltshire, SN6 6RH
How to contact us:
You can contact us by telephoning the phone numbers on our website, by email at firstname.lastname@example.org or by writing to us at the above address.
How we may contact you:
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
General Terms and Conditions
1.1. EQUINE AUCTION HOUSE LTD organizes in its function as an intermediary between sellers and buyers. The organization, preparation and execution of the auction are exclusively determined by EQUINE AUCTION HOUSE LTD. This means, among other things, that EQUINE AUCTION HOUSE LTD determines the course of business prior to and during the auction and has the authority not to auction one or more lots or to refuse to acknowledge a bid and declare it invalid and to suspend, resume the auction, to extend or cancel and/or to take other measures it deems necessary. The Purchaser should read and understand these Terms and Conditions and by tendering a bid expressly and impliedly accepts these Terms and Conditions
1.2. These auction terms and conditions are applicable to all sales agreements concluded during the auction related to the horses/ponies/lots offered, as well as any agreements resulting from that.
1.3. All participants of the auction will, by participating in the auction, agree upon our terms and conditions being applicable during the auction and any agreement resulting from the auction.
1.4. All starting prices will be set by the Seller or at the discretion of EQUINE AUCTION HOUSE LTD. Lot will sell to the highest bidder on or above Starting Price. There may be a Reserve Price for any Lot and subject to such Reserve Price, the highest bidder shall be the Purchaser. The Auctioneer need not sell the Lot if it does not reach the Reserve Price
1.5. RIGHT TO EDIT OR CHANGE: EQUINE AUCTION HOUSE LTD reserves the right to edit, correct, or add to the Statement furnished regarding this entry, to reject or withdraw any entry, or to change the time or date of this sale should any unforeseen circumstances necessitate such a change.
1.6. EQUINE AUCTION HOUSE LTD DOES NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER. Due to the nature of the online payments EQUINE AUCTION HOUSE LTD cannot guarantee the validity or performance of an internet bidder. Seller understands that EQUINE AUCTION HOUSE LTD does not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any entry. Without prejudice to the above, any bidder who makes a bid is deemed to understand and accept that a bid which results in a sale is a legally enforceable contract
1.7. Prior to an auction, EQUINE AUCTION HOUSE LTD will announce the closing date of the auction. If a bid for a lot is made in the last five minutes before this previously announced closing time, the closing time of the auction is (always) extended by five minutes until no new bid is made. The extra time will be the new indicative closing time.
1.8. VAT will be charged as applicable to any sales or commission where noted and will be charged at the prevailing rate (currently 20%) on any commission or fees of Equine Auction House LTD.
2. Auction - Sellers
2.1. Participation in this auction implies that the seller explicitly and without reservation agrees to these auction terms and conditions and acknowledges that both the Entry Fee, Commission and any other associated costs as EQUINE AUCTION HOUSE LTD sees fit are payable. The Seller warrants that the Seller is the owner of the Lot and is entitled to sell the same.
The amount due by the Seller to EQUAH shall be calculated as follows:
2.2. Sellers representation of horse, pony or lot: Seller is solely responsible for the correct, accurate and honest representation of the horse, pony or lot in the entry form, including the description, disclosure form, horse information, riding and training sections of this submission, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse, pony or lots capability. Seller is solely responsible for the accuracy of all information that appears in the online sale catalogue and previews. Seller and Buyer agree to hold EQUINE AUCTION HOUSE LTD harmless from any claims arising out of any such inaccuracies or omissions.
2.3. Seller is responsible for disclosing the following conditions, which must be stated in the online sale catalogue: If the entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles. Additionally, any possible scars or remarks for example; sarcoids. Seller is solely responsible for the accuracy of all information that appears in the online sale catalogue and previews. Buyer agrees to hold EQUINE AUCTION HOUSE LTD harmless from any claims arising out of any such inaccuracies or omissions and agrees and accepts that EQUINE AUCTION HOUSE LTD is a selling agent on behalf of the Seller only and is not a principal to any transaction.
2.4. Drugs & medication: Seller agrees that this entry will not be given any drugs to alter soundness or temperament during this auction, including for presentation in videos, inspection by potential buyer, and examination by veterinarian or delivery to Buyer. If the buyer makes a claim of misrepresentation of soundness or attitude and the entry tests positive for a drug that could mask such a problem after the horse, pony or lot leaves the Seller’s facility, the entry can be rejected by Buyer and returned at Seller’s expense.
2.5. In the event that a horse, pony or lot is rejected due to Seller’s failure to disclose conditions as required by the above, Seller shall be responsible for arranging and paying for return transportation of the horse, pony or lot. Additionally, Seller shall be responsible for paying EQUINE AUCTION HOUSE LTD the commission on the sale of the horse, pony or lot.
2.6. EQUINE AUCTION HOUSE LTD recommends an X-RAY and/ or Veterinary Inspection of equine lots, prior to the auction, to then be published on the EQUINE AUCTION HOUSE LTD website in order to encourage sales. We request X-RAYS of no older than 12 months and a Veterinary Inspection of no older than 31 days prior to the start of the auction.
2.7. Seller agrees to make any sale transaction for a Lot entered for sale by the Seller through EQUINE AUCTION HOUSE LTD from either the point in time the lot appears live on www.equah.auction or payment of the entry fee, whichever comes first. If Seller sells a Lot prior to the opening of bidding for this auction and fails to make the sale transaction through EQUINE AUCTION HOUSE LTD, Seller agrees to pay EQUINE AUCTION HOUSE LTD the fees that would have been due had the Lot been sold for that price at the auction or a minimum fee of £250 in addition to the Entry fee.
2.8. Sale after bidding opening: Seller agrees to make any sale transaction for this entry through EQUINE AUCTION HOUSE LTD. Seller further agrees not to sell (other than via the auction) or withdraw the entry after bidding opens. In the event that it does so Seller agrees to pay EQUINE AUCTION HOUSE LTD the fees that would have been due had the Lot been sold for that price at the auction or a minimum fee of £250 in addition to the Entry fee.
2.9. Post auction sale: If Seller does not sell this entry in the auction, but sells it within 28 days later to a customer generated by the sale, Seller agrees to pay EQUINE AUCTION HOUSE LTD the fees that would have been due had the Lot been sold for that price at the auction or a minimum fee of £250 in addition to the Entry fee.
2.10. Withdrawal: Entry Fees are non-refundable. After the entry is submitted, Seller agrees not to withdraw this entry, unless withdrawal is accompanied by a veterinarian’s certificate stating the reason the entry cannot be offered for sale and is acceptable to EQUINE AUCTION HOUSE LTD, in which case only the Entry Fee will be due to EQUINE AUCTION HOUSE LTD.
2.11. Unpaid Fees: If there is a deficit in Seller‘s account, Seller agrees to pay EQUINE AUCTION HOUSE LTD the balance due immediately. Interest of 3% per month will be charged on the unpaid balance.
2.12. Seller expressly agrees to release the entry to the buyer upon receipt of the Confirmation of Payment notification.
2.13. The seller can bid to buy back their horse. However, this is only possible when completed by the named Seller, as only the named Seller can buy back without paying any commission. However, they will still be required to pay the Entry Fee.
3. Auction – Buyers
3.1. Participation in this auction implies that the buyer explicitly and without reservation agrees to these auction terms and conditions and acknowledges that both the auction costs and commission is payable.
The amount due by the buyer to EQUAH shall be calculated as follows:
Auction sale price/ highest bid for the lot + Plus commission fee on the sale price = Amount to be paid (VAT to be added as required)
3.2. The buyer who wishes to bid online must register via the website www.equah.auction in the manner prescribed by EQUINE AUCTION HOUSE LTD on the auction website before they can participate in the online auction. This registration counts as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares to be authorized to perform legal acts and the buyer declares himself authorized to conclude a purchase agreement with regard to the animal in question. EQUINE AUCTION HOUSE LTD reserves the right to refuse or unilaterally terminate registration and participation in an auction at any time. The buyer is obliged to ensure that all information to be provided by the bidder to EQUINE AUCTION HOUSE LTD is completed completely, correctly and truthfully upon registration and the buyer guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the purchaser is obliged to immediately notify EQUINE AUCTION HOUSE LTD of this change (s). The username and password used by the buyer for an auction are strictly personal and may not be transferred by a buyer to third parties. The buyer is liable for and bound by all transactions that take place at an auction and that result from the use of his / her password and / or username, also in case of misuse if the buyer has handled his / her username and password with negligence.
3.3. EQUINE AUCTION HOUSE LTD does not take any responsibility for the organization and course of the auction via the website (for example and without intending to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction). EQUINE AUCTION HOUSE LTD makes every effort to protect its systems against loss of data and / or against any form of unlawful use and takes appropriate technical and organizational measures to this end.
3.4. VIEWING & VETTING BY BUYERS: Prior to Bidding, Buyer may: a) ask EQUINE AUCTION HOUSE LTD for additional information; b) may request an appointment through EQUINE AUCTION HOUSE LTD to view or try the horse, pony or lot at Seller’s facility; c) arrange with EQUINE AUCTION HOUSE LTD to have a licensed veterinarian perform a pre-purchase examination and x-rays at the buyers cost.
3.5. The fact that in some instances vet inspections, x-rays and reports are being requested does not mean that they are always available (on time) or cannot contain any comments. EQUINE AUCTION HOUSE LTD cannot be held liable by buyers for claims based on non-conformity of the horse, pony or lot to be auctioned (or any other claim based on this factual background), when it comes to the health of the horse, pony or lot, the performance of the horse, pony or lot and/or the purpose or use of the horse, pony or lot. The Buyer is strongly advised to view the reports and any possible comments before the auction starts.
3.6. If a veterinarian, registered as an inspection veterinarian for horse, pony or lot or a horse veterinarian should state in writing that one of the stable vices listed in Article 2.3. were established in his/ her expert opinion prior to the date of actual delivery, the buyer shall be entitled to terminate the purchase agreement with all resulting consequences. The buyer will, in that case, return the horse, pony or lot as quickly as possible to seller. Until the actual delivery of the horse, pony or lot to the Seller the buyer will behave as a good guardian over the horse. Seller will accept the horse, pony or lot back and shall within 3 days after the delivery of the horse, pony or lot pay back the auction price, excluding the commission charge directly to buyer. Seller is not liable for compensation of any further damages of the seller. EQUINE AUCTION HOUSE LTD is not liable for any damages resulting from the termination of the purchase agreement. The termination of the purchase agreement does not affect any mediation or agreement between EQUINE AUCTION HOUSE LTD and buyer.
3.7. Bidding errors: Buyer should make sure to review all bids before and after submitting. If Buyer mistakenly increases his/her own bid, places his/her bidder number in the bid field, or makes a gross error, EQUINE AUCTION HOUSE LTD may not be able to reverse a Buyer’s bid in which case Buyer will remain the high bidder and if that results in a sale that shall be a legally binding contract. Please make sure to immediately review all bids. EQUINE AUCTION HOUSE LTD will not reverse bids after the auction has begun to close. There will be NO exceptions. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has examined or researched a horse, pony or lot to their satisfaction.
3.9. The amount payable by the buyer shall become payable upon invoice by the Seller. Payment is to be made by bank transfer only.
3.10. After completion of the auction buyers are obliged to settle all amounts due to the auction office within the stipulated term of 3 Business working days for all bids. If a buyer should fail to comply with this obligation, EQUINE AUCTION HOUSE LTD shall be entitled not to recognize the offer and to declare the bidding invalid, after which the lot can be allocated to the second highest bidder and/or alternatively the lot can be made available for auction again, with the appropriate mentioning of the frivolous bid. The buyer shall in this event be considered to be in legal default and shall be liable to compensate both the Seller and EQUINE AUCTION HOUSE LTD for any damage incurred, without prejudice to any other rights that EQUINE AUCTION HOUSE LTD may have. All legal costs EQUINE AUCTION HOUSE LTD has to make to collect its invoices shall be for the account of the buyer. Legal costs will be charged to the buyer in addition to the sale amount to be collected with a minimum payment of GBP 250.00. The amount of damages is directly claimable. All sales are final.
3.11. EQUINE AUCTION HOUSE LTD is entitled to gather information on the financial situation of a specific bidder/buyer and participant to the auction and may decide to make the conclusion of an agreement with the relevant bidder/buyer conditional, based on the information obtained and to ask for collateral such as a bank guarantee, a letter of credit or any other collateral.
3.12. Drugs & medication: Notification of a claim by the Buyer claiming that the entry has been given drugs must made to EQUINE AUCTION HOUSE LTD within seven (7) days of the date of the sale, by a written statement from a licensed veterinarian, explaining the diagnosis of any unsoundness or explaining the behaviour problem and how the drug(s) found in the drug screen could mask the unsoundness or behaviour problem. Any net funds for the horse, pony or lot in the possession of EQUINE AUCTION HOUSE LTD will be held pending the results of the blood screen and the veterinarian’s written statement.
4. Semen, Embryos
4.1. For embryos there is no guarantee whatsoever in terms of health/development/birth.
4.2. When the Embryo in the surrogate mother or natural mother is stabled at the buyer. The mare that carries the embryo sold to the buyer is stabled at the buyer or on behalf of the buyer, but remains the property of the seller and is returned by the buyer to the seller no later than 6 months after the birth of the foal in good health, dewormed and vaccinated. The seller may agree a deposit for the mare with the buyer for the buyer’s use of the mare. This deposit may be refunded to the buyer when the mare is returned to the seller in good condition. The seller bears full responsibility for the carrying mare and her unborn foal until at least the 60th day of gestation or on the date of sale, when this exceeds the 60 days of gestation. The seller is no longer responsible for the health of the mare and her unborn foal after the embryo has been sold. The buyer agrees to look after the mare until the surrogate mare is returned to the seller in good condition.
4.3. Embryo in natural mother or surrogate mother remains stabled at the seller. The mare who carries the embryo sold to the buyer remains in the ownership and stables of the seller. A fee (i.e. 1500 GBP excl. VAT, not included in the hammer price) is charged to the buyer for taking care of the foal up until the transfer to the buyer after weaning. This cost is paid to the seller when the foal is transferred to the buyer in good condition. The seller bears full responsibility for the carrying mare and her unborn foal until at least the 60th day of gestation or on the date of sale, when this exceeds the 60 days of gestation. The seller remains responsible for the health of the mare after the sale of the embryo. The seller is no longer responsible for the health of the unborn foal after the embryo has been sold. The seller will take care of the embryo and the foal until weaning.
4.4. The transfer of ownership of the embryo takes place by making the embryo available in the mare, but not before the buyer has paid the full purchase prices along with any debts and any amounts owed on the basis of non-compliance to Equine Auction House LTD.
5.1. Broodmares: All mares selling as in foal, must be checked for pregnancy by a licensed veterinarian prior to payment of the Entry Fee or as agreed by the buyer and EQUINE AUCTION HOUSE LTD and a statement of results of this examination must be provided to EQUINE AUCTION HOUSE LTD. Veterinary evidence to be shared in advance with EQUINE AUCTION HOUSE LTD by the seller two weeks prior to the start of the auction.
5.2. If a mare is known to be carrying twins, it must be disclosed.
5.3. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalogue, may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination.
5.4. Any Seller offering mares as being in foal with a live foal guarantee or return privileges must furnish EQUINE AUCTION HOUSE LTD, or Buyer, with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honoured.
6.1. The horses/ponies/lots offered in the auction are identified by sex, colour and year of birth, as stated on the website www.equah.auction
6.2. There is no warranty or guarantee expressed or implied by EQUINE AUCTION HOUSE LTD, sponsors, or Seller, as to the performance, soundness, merchantability or fitness for any particular purpose of any horse, pony or lot offered in this sale, other than those made specifically by Seller which remain the responsibility of the Seller alone.. Despite the precautions, EQUINE AUCTION HOUSE LTD cannot ensure all horses, ponies or lots to be auctioned are clinically and radiographically healthy at the time of delivery. ALL horses, ponies or lots ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS. ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE SELLER AND THE BUYER.
6.3. EQUINE AUCTION HOUSE LTD shall not be liable except in the event of wilful misconduct or gross negligence of its side.
6.4. If and insofar EQUINE AUCTION HOUSE LTD is liable for any damage, this liability is limited to the amount paid out in the specific case by its insurance company, plus the excess under this insurance.
6.5. If and insofar for any reason the insurance company of EQUINE AUCTION HOUSE LTD declines to pay the claim, the liability of EQUINE AUCTION HOUSE LTD is limited to a maximum amount of £ 1000.
7. Third parties
7.1 For the purpose of the agreement, EQUINE AUCTION HOUSE LTD is free to make use of services of third parties, as it considers necessary for the operation of the agreement.
7.2. Third parties cannot derive any rights from the work performed by EQUINE AUCTION HOUSE LTD in connection with the agreement.
7.3. The Buyer shall indemnify EQUINE AUCTION HOUSE LTD against third-party claims.
7.4. EQUINE AUCTION HOUSE LTD has tried to compile the available information about the lots as accurately as possible but is not responsible for the accuracy of the information on the website and in the auction catalogue, on the auction site or during the auction. Information by way of specific conditions or comments from EQUINE AUCTION HOUSE LTD shall supersede and take precedence over any information on the website and/or in the auction catalogue.
7.5. The buyer confirms that they are aware of the information of the lot and the availability or possible lack of information/inspections/reports at the time of the auction. The buyer thus buys a horse, pony or lot in the condition in which it is at the moment of successful bid.
7.6. EQUINE AUCTION HOUSE LTD cannot be held liable for damages to persons or goods, which arise before, during or after the Auction. Nothing in this clause shall exclude a claim for fraud.
8. Release and transfer of Ownership
8.1. Ownership of the purchased horse, pony or lot passes to the buyer at the time of release as defined in Article 8.2. of these terms and conditions, but not before the buyer has settled all full purchase amounts and debts and any other amounts due to EQUINE AUCTION HOUSE LTD.
8.2. Subject to payment having been made, the Buyer is obliged to take possession of the purchased lot at the place and time as specified by EQUINE AUCTION HOUSE LTD/Seller, within 7 days after the auction. The costs for transport and possible associated costs such as health certificates, Traces, blood tests, quarantine, (import) duties or taxes are at the expense of the Buyer. If requested by EQUINE AUCTION HOUSE LTD/Seller, it will be done upon presentation of a valid identity document. Delivery of the purchased lot takes place by means of its release. Release consists of collection/reception of the purchased lot by the Buyer. Release may only take place after settlement of all purchase prices in full and any other amounts due by the Buyer. If the Buyer should refuse release or if he/she should fail to provide information or instructions required for the release, /Seller shall remove the purchased lot and keep it in stables at the expense and risk of the Buyer. The Buyer shall then be obliged to compensate /Seller for any additional costs incurred, including stabling costs in any event.
9.1. In the event of any disputes arising with or during the bidding process, the decision of EQUINE AUCTION HOUSE LTD shall be binding. All disputes have to be declared in writing between the buyer & seller and EQUINE AUCTION HOUSE LTD to be copied in any correspondence within 48hrs.
9.2. In the event of a dispute between the parties, they will endeavour to resolve this dispute amicably. If one of the parties is of the opinion that no solution has been reached, then the court in England has exclusive jurisdiction.
9.3. Equine Auction House LTD acts as an agent not a principal and as such will is not a contracting party insofar as any disputes arise.
9.4. Refunds: In the event that a refund or partial refund is made to Buyer for the purchase price of an entry, the refund shall be made in the same manner that payment was made.
10.1. EQUINE AUCTION HOUSE LTD will also send a commission invoice on behalf of EQUINE AUCTION HOUSE LTD to both the Seller and buyer if appropriate. After receiving full payment, EQUINE AUCTION HOUSE LTD will exchange the contact details of the buyer and seller and vice versa to arrange the transfer of the horses, ponies & lots, passports and invoices or private sales agreements.
10.2. Bank transfers may take some time. The transport is only to be arranged after confirmation of payment by EQUINE AUCTION HOUSE LTD/ Seller. No horses/ponies/ lots or passports may be transferred to the buyer or transporter or other third parties until EQUINE AUCTION HOUSE LTD has confirmed in writing that the full payments have been verified on EQUINE AUCTION HOUSE LTD's account.
10.3. It is incumbent on the Seller to provide a VAT registration number where appropriate together with the applicable name and address.
10.4. It is the responsibility of the Seller to notify the Company immediately if a VAT registration is cancelled or a new VAT registration number is issued.
10.5. Export outside the EU: The applicable VAT has to be paid in advance or as a deposit and this will be refunded after the buyer delivers the official customs document of the export within 6 weeks after the payment date. After 6 weeks, the VAT has to be reclaimed by the buyer in the country of destination.
10.6. Personal data: For the establishment and the performance of the agreement, EQUINE AUCTION HOUSE LTD requires the buyer to provide personal data. The personal data of the buyer shall be processed by EQUINE AUCTION HOUSE LTD in accordance with the General Data Protection Regulation.
10.7. EQUINE AUCTION HOUSE LTD is not the owner of any of the lots and has no direct or indirect interest in the selected lots. EQUINE AUCTION HOUSE LTD will only offer a platform for potential buyers to buy horses/ponies/lots directly from the owners of the concerned lots.
10.8. The lots will be sold during the auction by bidding in the GBP Pound Sterling, unless otherwise stated. EQUINE AUCTION HOUSE LTD may determine another bid increment before starting the bidding process on a specific lot. Potential bidders/buyers will be held to their bids until a higher bid has been received. If EQUINE AUCTION HOUSE LTD awards a bid to a buyer, the relevant buyer is obliged to pay the amount due as defined in paragraphs 3. In case of doubt concerning the validity of a bid, the previous bid can be accepted again, after which bidding can resume. In the event of any disputes arising with or during the bidding process, the decision of the auction committee shall be binding.
10.9. Online bids are legally binding.
11. Applicable law and competent court
11.1. These terms are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.