Auction conditions
1. The auction is organised by Stoeterij Zangersheide, Domein Zangersheide, B-3620 Lanaken,
Belgium, which will sell the horses described in the catalogue on behalf and for
account of the sellers.
2. By participating in this auction, the buyer declares that he is of majority age and has legal capacity. Participation in this auction implies the explicit and reservation-free knowledge and acceptance of these auction conditions.
3. The auction will be supervised by the bailiff, assisted by F. de Backer, auctioneer.
4. The horses will be auctioned in the condition they have at the time of the auction. Buyers are given the opportunity to inspect the exterior and movement of the horses before the auction. Buyers can inquire with the seller and with the auction organization about the health status of the horses.
5. The horses will be auctioned by knock-down to the highest bidder. A bid is considered to be made on personal title of the bidder; by making a bid, a bidder undertakes to pay the total amount payable, unless a higher bid is accepted thereafter. The bailiff reserves the right to refuse a bid.
6. The bids are by auction and payments are made in EURO. The auction will proceed according to the following bidding steps:
- From 10.000 euro – 20.000 euro per €1000,-
- From 20.000 euro per €2000,-
7. In addition to the allotment price, the buyer will pay Studbook Zangersheide NV a percentage of 10% (excluding VAT) of the allotment price by way of commission and for the mediation in the auction costs. Stoeterij Zangersheide NV will give the buyer an invoice for these services, the amount of which is to be promptly transferred into the account of Stoeterij Zangersheide NV, previous to the
delivery of the horse to the buyer.
8. The settlement of the sales price by buyer is calculated as follows: the allotment price + 10% of such allotment price as buyer’s commission = net price, to be increased with any VAT possibly due, which constitutes the total settlement amount. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made thereafter.
9. The total amount payable shall fall due immediately upon allotment. The buyer receives an invitation to pay the settlement amount.
10. Any liability with regard to the auctioned horses shall pass to the buyer immediately after allotment. After the auction and payment, the buyer and seller make arrangements for delivery in mutual consultation. The legal relationship is directly between buyer and seller, on the understanding that with regard to the buyer, the seller and not the auction organization is liable for any shortcomings that the horses may show after the auction. Delivery will only take place when the settlement amount as defined in article 8 has been credited to the account of Zangersheide.
11. Neither the seller nor the buyer can derive any right from the fact that the auction organization selected the foal and on its request had it submitted to veterinary examination.
12. If nothing else is agreed between the seller and the buyer after the auction and communicated to Zangersheide, the horse will be collected from the seller at the expense of the buyer. Delivery will only take place as soon as Zangersheide has informed the seller that the settlement amount as defined in article 8 has been credited to the account number of Zangersheide. The seller is permitted to charge the buyer for stable fees and the standard costs of maintenance and care from 30 days after the end of the auction.
13. The information regarding the foals stated in our auction catalogue intends to give an impression of the qualities of the horse, without pretending to be complete and without any guarantee. Studbook Zangersheide VZW is not liable for any printing errors and / or material errors in the auction catalogue.
14. The bailiff will settle in last instance all and any disputes that may arise during the auction activity in regard with the sale.
15. In the event of export, the buyer will submit a valid export document within 3 months of delivery to Stoeterij Zangersheide under penalty of still charging the buyer the VAT due.
16. In the event of a dispute, related to the auction, should occur between the seller and the buyer, the auction organization will make an effort to settle this dispute by mediation. If any of the parties believes that no solution has been reached, the Court of the district of Tongeren will be exclusively competent. To the relationship between the Seller and the Buyer Belgian law applies.
17. Any dispute arising from this auction and its consequences will be exclusively ruled by Belgian law with exclusion of the provisions of the Vienna Sales Treaty regarding international purchases/sales. The Court of Commerce of Antwerp, Tongeren department and the Court in first instance of Limburg, Tongeren department, are exclusively competent to take cognizance of any disputes.
18. In the event of a dispute only the Dutch text shall prevail.