Auction Conditions

This auction is organised by Horseman Elite Auction. The auction committee functions as an intermediary between buyer and seller. Horseman Elite Auction is represented by Antwerp Auction VZW and Antwerp Auction VOF. Address and registered office as mentioned in the catalogue and auction website.

By participating in the auction, the participants  (seller/bidder/buyer) declare in their transactions with one another and Horseman Elite Auction, that they are bound to comply with the Auction Conditions and are bound by the resulting legal consequences for a participant. Each participant shall be deemed to have taken cognizance of and accepted the Auction Conditions without reservation, in its full and with the exclusion of any other (general) conditions. Each participant takes part in the auction entirely at their own cost and risk. Horseman Elite Auction is not responsible for any obligations towards the participants other than those outlined in the Auction Conditions.

1. Horseman Elite Auction acts as an auction service by mediating the creation of a purchase agreement by facilitating an auction. The organisation, preparation and implementation of the auction is determined exclusively by Horseman Elite Auction. This means, inter alia, that Horseman Elite Auction determines the course of events prior to and during the auction and has the discretionary authority to, not auction one or more lots or change (the composition of) one ore more lots, not recognize a bid and declare it invalid and to suspend, terminate, restart, extend or cancel the auction at any time (prematurely) and/or take any other measures necessary in its opinion. A bidder is obliged to follow instructions and directions given by or on behalf of Horseman Elite Auction in connection with an auction.
2. To participate in an auction, during the live auction the bidder must fill in the requested data completely, correctly and truthfully on the auction contract after the highest bid. In case these data change at any time, the bidder has the obligation to inform Horseman Elite Auction of such change(s) without delay. Furthermore, by participating in the auction, the bidder declares that he/she is authorised to perform legal transactions and declares that he/she is competent to enter into a purchase agreement in respect of the lot in question. Horseman Elite Auction reserves the right to refuse and/or unilaterally terminate a bidder's participation in an auction at any time. The bidder must provide proper identification at the first request of Horseman Elite Auction, failing which the bidder will not be allowed to participate in the auction. The bidder shall be liable for and bound by the bid made by him and to all consequences resulting therefrom.
3. Horseman Elite Auction shall only use the personal information of a bidder for the purpose for which it was intended, namely the auction. Hereby our information link : https://horseman.auction/nl/privacy
4. The auction takes place ‘by bidding’. The bidder is bound by his bid; which is irrevocable and unconditional. Each bidder who places a bid shall be deemed to be bidding for himself or herself, and is personally bound to Horseman Elite Auction and (after the allocation) to the seller for his/her obligations to Horseman Elite Auction and the seller. If multiple persons declare that they are placing or have placed a bid jointly, they are severally and indivisibly liable to Horseman Elite Auction and (after allocation) to the seller for the obligations arising therefrom. Horseman Elite Auction and the seller are entitled to participate in the auction and bid on behalf of third parties for the lots offered for auction by the seller.
5. The purchase agreement is formed on the allocation by the auctioneer to the highest bidder. The auction is supervised by the auctioneer and bailiff appointed by Horseman Elite Auction, who will draw up an official report of the allocation. Participation in an auction does not mean that a lot is sold to a bidder.
6. Horseman Elite Auction is not a party to the purchase/sale relationship of the horse offered for sale. Horseman Elite Auction acts only as intermediary between the participants. A purchase agreement is exclusively entered between the seller and the buyer as described in the Auction Conditions. Horseman Elite Auction is not bound by purchase agreement(s) between the seller and the buyer and all what is arising out the purchase agreements (e.g. possible additional arrangements regarding delivery). Furthermore, Horseman Elite Auction is not liable for any shortcomings of the participants (including, inter alia, any non-payment by the buyer).
7. The purchase agreement is formed on the award to the highest bidder, against payment of purchase price and costs. Bids and payments will be made exclusively in EURO. The buyer will pay, above his purchase price, 10% excluding VAT to Horseman Elite Auction for the costs of the auction, which are therefore borne by Horseman Elite Auction.
8. It is brought to the buyerís attention that in addition to the abovementioned price and costs, the buyer also has to pay possible VAT on the purchase sum in case the seller of the foal/horse/embryo is VAT duty. In this case, the seller will draw up an invoice. VAT must be arranged along with payment. The catalogue will indicate when the seller is VAT-bound.
9. The hammer price and auction costs are to be paid to Horseman Elite Auction within five (5) days following the auction date. Payment can be only be done by bank transfer in EURO to Horseman Elite Auction.

Settlement with the buyer will be calculated as follows: (i) the price of the award plus (ii) 10% of this price of the award as auction costs for the buyer = net price, possibly to be increased by applicable VAT = settlement amount. By making a bid, a bidder commits himself to pay of the settlement amount in case this bid will result in an award.
Upon non-payment, interest equal to 10% per annum will be payable legally and without formal notice. A penalty of 10% of the amount due will also be charged.

1. The transfer of risk takes place immediately from the allotment after the end of the auction. The buyer can take out any insurance for this risk.

The transfer of ownership takes place at the moment of full payment of the settlement amount (as described above) to Horseman Elite Auction. After the auction, buyer and seller make arrangements for delivery by mutual agreement (such arrangements must be made taking into account all risks and in the interest of the animal). A foal suckling is best delivered after being weaned (at least 4 months old). A surrogate mare must be returned to the seller unless otherwise agreed The horses/foals can only be collected at the seller's place by the buyers after the full purchase price plus 10% auction costs and any applicable VAT have been paid to Horseman Elite Auction and Horseman Elite Auction has so informed the seller (see below).

1. The horses/foals can only be collected by buyers from the seller after the full purchase price plus 10% auction costs and any applicable VAT have been paid to Horseman Elite Auction and the latter has informed the seller. 
2. Transport costs when the sale is inland areat the expense of the seller; when the sale is abroad, transport costs are at the expense of the buyer.
3. The surrogate mare that is sold to the buyer remains the property of the seller (unless otherwise mentioned or reported during the auction, e.g. in case of a purchase option of the surrogate mare together with the embryo). The deposit for the surrogate mare comes to 4000€ incl. VAT, this amount will be charged to the buyer of the embryo together with the purchase price and costs.

The surrogate mare must be returned to the seller (after prior notification) no later than 6 months after the birth of the foal, in good health, wormed and vaccinated. If these conditions are fulfilled, the deposit paid (€ 4000 incl. VAT) will be refunded by the seller. All costs for transporting the surrogate mare back to the buyer are at the expense of the buyer.

Until at least the 60th day of pregnancy or on the date of sale, when it exceeds 60 days of pregnancy, the seller bears full responsibility for the surrogate mare and her unborn foal. The seller is no longer responsible for the health of the surrogate mare and her unborn foal after the sale of the embryo. The foal will always have in his or her name the suffix of the buyer's stable unless otherwise agreed between the seller and the buyer.

1. Buyers have had the opportunity to view the horses/foals during the presentation or in the stables so that they are perfectly aware of the condition of the horses/foals.  The information mentioned in the auction catalog and/or shown on the video images is purely informative and intended to give an impression of the qualities of the horse offered. Horseman Elite Auction in no way intends to provide guarantees to the buyer and/or to the seller. Horseman Elite Auction is not liable for possible printing errors and/or material mistakes in the auction catalog and/or on the video images.
2. Horseman Elite Auction is in no way liable if a hidden or redhibitory defect would appear. The buyer can invalidate the sale only if one of the following redhibitory vices occurs : crib-biting, weaving and aerophagy. The buyer has to inform the seller about those vices by registered letter within 21 days after the delivery of the horse. The seller, and not the organization, remains responsible for the possible redhibitory defects and all further financial and/or other implications regarding the sale. The auction costs mentioned above remains in any case acquired for Horseman Elite Auction and cannot be reclaimed.
3. Horseman Elite Auction will attempt to collect the amount due from the buyer after the auction. However, Horseman Elite Auction is not responsible for collection or cannot be held liable if collection proves impossible for any reason. The seller expressly acknowledges and accepts that Horseman Elite Auction is not liable for the possible inability to trace the identity of the buyer, nor for non-payment on the part of the buyer. If the seller is subject to VAT, he is obliged to prepare a VAT invoice in the name of the buyer.
4. The auctioneer appointed by Horseman Elite Auction will, in the first and last instance settle all disputes of any kind that may arise in relation to the auction.
5. In case of dispute, the decision of the board of Horseman Elite Auction is binding. In the event of unlawful non-compliance with this decision, only this text applies. The brokering and intervention of Horseman Elite Auction and the sale take place in accordance with Belgian law. In the case of disputes, only Belgian law shall apply, excluding the Vienna Sales Convention and only the courts of the (territorial) jurisdiction of Antwerp, Mechelen division, shall have exclusive jurisdiction to hear the disputes.
6. Name and address of the buyer should not be mentioned in the bailiff's auction report.
7. If the purchase agreement is legally dissolved or revoked by the seller and/or the buyer, the seller and the buyer remain obliged to fulfil all their payment obligations to Horseman Elite Auction mentioned in the auction terms and conditions, insofar as these concern compensation for the benefit of Horseman Elite Auction.
8. Horseman Elite Auction, in describing a lot on the auction website/catalogue, depends on the information about the lot provided by a seller or third parties. Horseman Elite Auction is not liable for possible printing errors and/or mistakes as stated in the auction catalogue or on the auction website. In case of any reporting of the gender of the embryo, no full assurance can be given, this risk is for the buyer.
9. Horseman Elite Auction as well as the owners/operators of the accommodation where this auction takes place are not liable for any damage whatsoever involving persons and goods during the auction.
10. Horseman Elite Auction retains the right to modify these Auction Conditions without prior informing participants. In the case of such modifications, the new auction conditions will automatically come into force as per the next auction and as published on the auction website.

In the event that any of the terms and conditions contained in the Auction Conditions shall be deemed invalid or unenforceable, then the remaining terms and conditions shall be construed as if such invalid terms and conditions were not contained herein; and such invalid and unenforceable terms and conditions will be replaced by such terms and conditions which as closely as possible meets the intention of the original invalid terms and conditions.

ADDENDUM

AUCTION CONDITIONS FOR ONLINE BIDDING AT HORSEMAN ELITE AUCTION

By making a bid via internet, the bidder accepts unconditionally the mentioned auction and sales conditions, as well as the conditions below, which are also applicable to the HORSEMAN ELITE AUCTION ONLINE:

Voorwaarden:

1. To participate in the auction, the bidder must register before the start of the auction in the manner prescribed on the auction website. Horseman Elite Auction reserves the right to refuse registration and participation in the auction at any time and/or terminate it unilaterally. On first demand of Horseman Elite Auction, the bidder must furnish proper proof of identity, in the absence of which the bidder is not allowed to participate in the auction. The bidder is obliged to ensure that all the information to be provided by the bidder to Horseman Elite Auction upon registration has been filled in completely, correctly and truthfully, and the bidder guarantees the correctness and completeness of the information he or she furnished. Should this information change at any time, the bidder is obliged to notify Horseman Elite Auction immediately of this/these change(s). The username and password used by the bidder for the auction are strictly personal, and may not be transferred by a bidder to third parties. If the bidder suspects that someone else knows his or her password, the bidder must notify Horseman Elite Auction of this immediately. The bidder is liable for and bound by all transactions that take place at the auction and that result from the use of his/her password and/or user name, also in case of abuse if the bidder was careless with his/her user name and password. Horseman Elite Auction is co-entitled, in the name of the seller, to demand compliance with the payment obligations of a bidder resulting from bids and subsequent an award that took place via use of the bidder’s password and user name.

2. The auction takes place ‘by bidding’ as mentioned above. Bids should be made in the manner specified by Horseman Elite Auction on the auction website. The auction is conducted "by auction" as stated above. Every bid, expressed by a participant, is, just like a bid on the spot, irrevocable and unconditional. For determining if a bid in the auction has first been made by an internet participant or by a bidder on the spot,  the judgement of the auctioneer is binding.

3. Any participant is aware of the fact, and agrees with it, that the services offered by the auctioning party are limited to technically facilitating a) following the Horseman Elite Auction via internet and b) participating in the Horseman Elite Auction as a bidder.

Horseman Elite Auction does not have or take any responsability in the organization and the course of the auction via its website (for instance, and without wanting to be limitative : the website drops out or reacts slowly during the auction). Horseman Elite Auction takes every possible effort to secure its systems against loss of data and/or any form of unlawful use, and takes the appropriate technical and organizational measures. In his/her contact with Horseman Elite Auction the participant is obliged to adequatly secure his/her computer and/or any other device used to have access to the auction site, and as usual to protect them from virusses or other illegal programmes or sites which can be spread via internet.     

The auction website may contain links to other websites. Horseman Elite Auction has no control over (the information on) such websites.

5. When the participant in the auction makes a bid via the internet, that bid has equal legal effect as a bid on the spot. During the live auction, the auctioneer decides whether to award a lot, being in the auction room or online.
 

6. In order to be allowed to make a digital bid in the auction,  the participant may be asked by the auctioning party to transfer an internet  security. In that case, the participant has to meet that request before he can be accepted to participate.
 

7. By making a bid via internet, the participant  declares  to know  the procedure of deposit, securing and release of the internet deposit and declares to accept that procedure.
 

8. If the participant is, for whatever reason, not capable of meeting his obligation to take possession of the auction object,  the caused damage will be recovered from him by the auctioning party, in the first place, but not exclusively, from an internet deposit.
 

9. The participant declares to possess a mobile phone with which sms-messages can be received. During the auction, the participant must be attainable for the auctioneer, the auctioning party and the auction organizer.

10. The auction organization reserves the right  to give up the implementation of a specific auction via internet, for whatever reason and at any moment.

11. The auction organization has the competence to modify this registration declaration. The participant will every time have the right to refuse the altered stipulations. In that case, the auctioning party has the right to directly stop its service to the participant. From that moment, the participant will no longer be able to participate in auctions (via internet).