1. These Auction Terms apply to the legal relationship between the private limited company Van Olst Sales B.V. (‘Van Olst Sales’) and participants in the auction for dressage horses organised by Van Olst Sales on April 19, 2019 in Den Hout. Persons bidding on a horse for sale at the auction are deemed to have agreed to the applicability of these Auction Terms. The applicability of other (general) terms and conditions is excluded.
2. Van Olst Sales organizes and facilitates the auction and auctions horses on the vendor’s behalf. Van Olst Sales is not a party to agreements to be established or previously established between the vendor and bidder/buyer.
3. Each horse will be sold at auction “as seen”, in the state and condition when the winning bid is placed. When the winning bid is placed, a purchase agreement is established between the bidder as the buyer and the vendor and the horse passes to the expense and risk of the buyer.
4. Veterinary reports, including x-ray images of the horses for auction, are available for public inspection prior to the auction. If the buyer notifies Van Olst Sales within 7 days of the auction that the horse is exhibiting weaving, wind-sucking or cribbing behaviour, the vendor shall be obliged to take the horse back and refund the purchase price, once a veterinarian designated by the vendor has definitively determined that the defect in question is present.
5. Payment of the purchase price (offer price + VAT)* must be made no later than 12.00 hours on 22 April 2019, in euros, in cash or by bank transfer to an account number to be indicated by Van Olst Sales immediately after the close of the auction.
6. Each bidder is bidding for himself and is bound by his bid until a higher bid is accepted. Bids shall be made in amounts of 250 or multiples thereof.
7. Van Olst Sales and/or the auctioneer determine the order of and at the auction.
8. The auctioneer has the right to refuse a bid without stating reasons.
9. A sold horse must, having due regard for the provisions of Article 10, be removed from the auction premises no later than 16.00 hours on 22 April 2019. A longer stay may be agreed in return for a fair payment agreed in advance. As long as the buyer has not satisfied his payment and other obligations, Van Olst Sales/vendor may invoke a retention of title with respect to the horse.
10. A horse may only be removed from the stables and from the premises on presentation of a permit to lead the horse away (“afleidbewijs”), issued by the auction office.
11. If the buyer does not satisfy his payment and other obligations, the vendor may dissolve the purchase agreement without the need for notice of default and the buyer shall be liable for all damages suffered by the vendor as a consequence, including lost profit and costs. All extrajudicial and judicial costs incurred by the vendor shall be for the buyer’s account, subject to a minimum of 25% of the purchase price.
12. Van Olst Sales and the vendor shall not be liable for damages, irrespective of their cause, nature and extent, unless the damages are the result of intent or gross negligence on the part of Van Olst Sales and/or the vendor.
13. Unless otherwise indicated, VAT will be added to the purchase price at 21%. No commission will be added (i.e. offer price (+VAT) = total price).
14. All disputes that may arise between Van Olst Sales and/or the vendor on the one hand and the buyer on the other relating to the auction, these Auction Terms and/or (a) purchase agreement(s) shall be submitted to a panel of three experts, to the exclusion of the ordinary courts of law, and the decision of that panel shall be final. Each of the parties shall appoint one expert and the two experts appointed by the parties shall together appoint a third expert. If no agreement can be reached, the third expert shall be appointed by the district court judge in Breda. If the buyer is a consumer, at his request and in accordance with the Dutch Civil Code, the ordinary civil court shall have competence; in the first instance, this shall exclusively be the Court of Zeeland-West-Brabant, Breda location.
15. Should Van Olst Sales and/or the vendor wish to bring a dispute before the court, if the buyer is a consumer, he shall be allowed a period of one month in which to notify his choice, in writing, as mentioned in article 14. In the case of an urgent interest (interim measures), Van Olst Sales and/or the vendor may reduce this period to five working days.
16. The present agreement is subject to Dutch law, to the full exclusion of the Vienna Sales Convention (CISG).
*In accordance with Dutch Legislation and Regulations
Only the Dutch text of these terms is binding.