{"id":3,"date":"2023-06-26T11:23:16","date_gmt":"2023-06-26T11:23:16","guid":{"rendered":"https:\/\/equineelite.nl\/nieuw\/?page_id=3"},"modified":"2026-09-21T05:24:02","modified_gmt":"2026-09-21T05:24:02","slug":"voorwaarden","status":"publish","type":"page","link":"https:\/\/www.equineelite.nl\/en\/voorwaarden\/","title":{"rendered":"Conditions"},"content":{"rendered":"

AUCTION CONDITIONS<\/strong><\/p>\n

1) Equine Elite The Auction (a trading name of HR Equestrian) organises The Equine Elite Auction (hereinafter: \u2018the auction\u2019) annually on the last Saturday in October at the \u201cStal Korenbloem\u201d Equestrian Centre in Weert.
\n2) Equine Elite The Auction cannot, in any legal sense, be regarded as the seller. The sale is concluded between the owner of the horse entered into the auction (the seller) and the buyer. The seller\u2019s name is stated on the contract of sale and can therefore be obtained from the secretariat.
\n3) These auction terms and conditions apply primarily to the relationship between Equine Elite The Auction and the bidder\/purchaser. The term \u2018bidder\/purchaser\u2019 also includes any legal successors or assignees.
\n4) 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.<\/p>\n

The auction:
\n5) The horses will be sold without action or reaction, in the condition that they are in at the time of award.
\n6) The auctioneer has the power to change the order of the horses to be sold or refuse persons as bidder\/purchasers without giving reason.
\n7) Bidders\/purchasers shall be deemed to be fully capable of acting and in full awareness. Each bidder\/purchaser shall be deemed to have bid for himself and shall be bound by his bid until a higher bid is finally accepted. A bidder\/purchaser shall be fully liable in addition to his principal, if any, for failure to fulfil his obligations.
\n8) Registered horses will be sold by auction. If no bid comes, the horse is not sold. Bidding stages will be determined by the auctioneer and made clear to the public prior to the auction.
\n9) The risk relating to the horses, including but not limited to damage to and caused by the horses, passes immediately from the seller to the bidder\/purchaser at the time of the award. Until Equine Elite The Auction has received full payment from the bidder\/buyer, the seller remains the owner of the horse.
\n10) Immediately after the lot has been awarded, the bidder\/purchaser shall sign a written contract of sale upon presentation of proof of identity. Should the contract of sale not be presented to the bidder\/buyer for signature immediately, they must report to the secretariat of Equine Elite The Auction immediately after the auction. Bidding starts at 10,000,-<\/p>\n

Information on the horses:
\n11) Equine Elite The Auction has endeavoured to compile the catalogue as accurately as possible. The information regarding the pedigrees and\/or the horses is intended to give an impression of the horses\u2019 quality, without claiming to be exhaustive and without thereby offering any guarantees. Interested parties are advised to carry out their own research into the accuracy of the published information.
\n12) A copy of the veterinary report and X-rays may be viewed on request prior to the auction and on the day of the auction. The contents of the veterinary report, the X-rays and any other veterinary reports provided by Equine Elite The Auction are binding on both Equine Elite The Auction and the bidder\/buyer.
\n13) Bidders\/buyers are obliged, at the request of Equine Elite The Auction, to provide information regarding their financial standing, and must submit documents to Equine Elite The Auction demonstrating this standing. By requesting to participate in the auction, bidders\/buyers authorise Equine Elite The Auction to obtain information from third parties regarding their financial standing.<\/p>\n

Costs and Payment:
\n14) At the auction, the bidder\/buyer must pay the purchase price plus 8% commission (excluding VAT) on the purchase price (excluding VAT where applicable), to the secretariat of Equine Elite The Auction, in euros without any discount or deduction.
\n15) Only with the prior written consent of Equine Elite The Auction is a bidder\/purchaser entitled to make payment by bank transfer at a later date, in which case the amount due must be credited to Equine Elite The Auction\u2019s account within 7 days of the auction. In such cases, Equine Elite The Auction requires the bidder\/purchaser to take out insurance on the horse with immediate effect and at the bidder\u2019s\/purchaser\u2019s expense.
\n16) Should the bidder\/purchaser fail to do so, Equine Elite The Auction shall be entitled to re-auction the horse immediately, in which case the bid made by the original bidder\/purchaser shall not be accepted. The original bidder\/purchaser is obliged to pay Equine Elite The Auction the difference between their bid and the final, lower purchase price, as well as the costs of the re-auction. The bidder\/purchaser shall have no claim in the event of a higher proceeds following the re-auction.
\n17) Equine Elite The Auction is authorised to withdraw the consent it has granted at any time if, in its opinion, there are doubts regarding the financial standing of the bidder\/purchaser or regarding the security provided by them.
\n18) Payment to any party other than Equine Elite The Auction does not release the seller or the bidder\/purchaser from their payment obligations to Equine Elite The Auction.
\n19) If Equine Elite The Auction has not received full payment from the bidder\/purchaser within 7 days of the auction, the bidder\/purchaser shall be in default by operation of law. The bidder\/purchaser shall then, in addition to the other sums owed by them (see paragraph 14), be liable to pay Equine Elite The Auction compensation amounting to 12% (including VAT) of the purchase price (including VAT). The total amount owed by the bidder\/purchaser under their payment obligations shall be increased by statutory interest, calculated from the date of the auction until the date of full payment.
\n20) If Equine Elite The Auction has not received full payment from the bidder\/purchaser within 7 days of the auction, Equine Elite The Auction shall also be entitled, without notice of default and on behalf of the seller and without the seller\u2019s consent, to regard the sale as rescinded. In that event, the seller and the bidder\/buyer shall remain obliged towards Equine Elite The Auction to fulfil all their payment obligations set out in these auction terms and conditions, insofar as these relate to remuneration payable to Equine Elite The Auction.
\n21) If Equine Elite The Auction does not rescind the sale, Equine Elite The Auction shall be entitled, on behalf of the seller, to recover the purchase price and all associated costs of legal assistance, stabling and training costs, and interest, whether or not through legal proceedings under Dutch law. The seller assigns all its claims against the buyer to Equine Elite The Auction.
\n22) If the bidder\/purchaser is in default with regard to their (payment) obligations, all judicial and extrajudicial costs incurred by Equine Elite The Auction as a result shall be borne by the bidder\/purchaser, with a minimum amount of \u20ac1,000.00 including VAT.<\/p>\n

Vetting of the horses for auction:
\n23) All horses have undergone a veterinary examination prior to the auction. A copy of the veterinary examination as well as any X-rays are available for inspection for several weeks prior to the auction. All x rays can be forwarded per e-mail upon request. A veterinarian will be present before and during the auction to provide clarification of the veterinary examination.
\n24) A potential buyer has the right, at his own expense, to have one (or more) horses examined and to have additional examination(s) carried out by his own appointed veterinarian prior to the auction. If, despite having been given ample opportunity to do so, the buyer omits to have his own examination or inspection performed, the consequences thereof shall be at the expense and risk of the buyer in the broadest sense of the word.<\/p>\n

Issue and removal of horses:
\n25) Immediately after award, the bidder\/purchaser is responsible for the care of and liable for damage to the horse and\/or caused by the horse.
\n26) If, and only after, the bidder\/purchaser has fully met their (payment) obligations, including payment obligations relating to a fee payable to Equine Elite The Auction, may the bidder\/purchaser take possession of the horse, at which point they will receive the necessary documents. Equine Elite The Auction is under no obligation to hand over the horse if the bidder\/purchaser has not fully met their (payment) obligations. After a period of 96 hours, unless expressly agreed and confirmed in writing, the buyer\/bidder shall owe Equine Elite The Auction a fee of \u20ac92 per day (excluding VAT) to cover training and stabling costs.<\/p>\n

Stable vices and defects:
\n27) If the bidder\/purchaser discovers any stable vices in the purchased horse, namely crib biting, weaving or air-sucking, or any other physical defect, the bidder\/purchaser must notify Equine Elite The Auction B.V. in writing within 7 days of the auction, providing as detailed a description as possible of the nature of the problem. Equine Elite The Auction will then accommodate the horse at a location to be determined by it and have the horse examined by a veterinary surgeon appointed by it in respect of the stable vices or defect described by the bidder\/purchaser. The aforementioned veterinary surgeon shall make a binding determination as to the nature of the stable defects or fault. If, in the opinion of that veterinary surgeon, the stable defects or fault described by the bidder\/purchaser are present, the bidder\/purchaser shall be entitled to rescind the sale.
\n28) 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 establish the stall vices or (other) defects, the bidder\/purchaser's right to rescind the sale or invoke a lack of will shall lapse.<\/p>\n

Dissolution and annulment:
\n29) If the sale is lawfully rescinded or set aside by the bidder\/purchaser or the seller, the bidder\/purchaser shall remain obliged to fulfil all payment obligations to Equine Elite The Auction as set out in these auction terms and conditions, in so far as these relate to compensation payable to Equine Elite The Auction. The sale may be rescinded or set aside in accordance with the relevant statutory provisions, in so far as these Conditions of Auction do not validly derogate from them.<\/p>\n

Liability:
\n30) Whilst Equine Elite The Auction endeavours to provide information that is as complete and accurate as possible, Equine Elite The Auction accepts no liability for the accuracy of the information contained in the catalogue, the information provided at the auction venue or the information provided during the auction.
\n31) Equine Elite The Auction accepts no liability for the accuracy of the information contained in the veterinary report, the veterinary information provided at the auction venue or the information given during the auction. In this regard, the buyer\/bidder should consult the vet.
\n32) Equine Elite The Auction shall not be liable for any damage suffered by and\/or to persons, goods or horses prior to, during or after the auction.
\n33) With regard to, amongst other things, the horses, Equine Elite The Auction does not take out any insurance on behalf of bidders\/buyers. As bidders\/buyers participate in the auction entirely at their own expense and risk, Equine Elite The Auction advises them to take out such insurance themselves.
\n34) Equine Elite The Auction shall not be liable for any shortcomings on the part of third parties.
\n35) Equine Elite The Auction excludes all liability, except in cases of wilful misconduct or gross negligence on the part of Equine Elite The Auction.
\n36) Any person who causes damage to (property belonging to or used by) Equine Elite The Auction shall be liable for such damage.
\n37) Bidders\/buyers are liable for any damage caused by them. Bidders\/buyers shall indemnify Equine Elite The Auction against any claims from third parties (including other bidders\/buyers, as well as visitors or exhibitors) in this regard.<\/p>\n

Other:
\n38) 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.
\n39) 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.
\n40). If, for whatever reason, the application of the zero-rate VAT proves (retrospectively) not to be possible, the bidder\/purchaser shall at that point still be liable to pay an amount equal to the amount that would be payable in the event of a domestic supply of the horse in question. However, at the request of Equine Elite The Auction, the bidder\/purchaser is obliged to pay the aforementioned amount to Equine Elite The Auction immediately. In that case, a refund will only be made once the bidder\/purchaser has complied with the conditions (clauses 38\/39) set by Equine Elite The Auction. The bidder\/purchaser shall be liable and shall indemnify Equine Elite The Auction in any event for all losses arising from failure to comply with the conditions (clauses 38\/39). In addition, the bidder\/buyer is liable for all judicial and extrajudicial costs incurred by Equine Elite The Auction, with a minimum amount of \u20ac1,000.00 including VAT.<\/p>\n

Conversion:
\n41) 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.<\/p>\n

Disputes:
\n42) This is a translation of the original Dutch Terms and Conditions. In the event of any dispute or discrepancy, only the Dutch version shall be legally binding.
\n43) If a difference of opinion arises on an allotment as to who made the last bid, or if other difficulties, ambiguities and disputes arise on bids and\/or on 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.
\n44) The legal relationship between Equine Elite The Auction and the bidder\/purchaser is governed exclusively by Dutch law, with the Vienna Convention on Contracts for the International Sale of Goods (CISG) being entirely excluded. Disputes, other than those arising from the provisions of clause 40. The legal relationship between Equine Elite The Auction and the bidder\/purchaser shall be governed exclusively by Dutch law, with the Vienna Convention on Contracts for the International Sale of Goods (CISG) being entirely excluded. Disputes, other than those arising from the provisions under clause 40 which are subject to the decision of the auctioneer or the notary, shall be settled exclusively by the competent court in Roermond.<\/p>\n<\/div><\/section>","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-3","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/pages\/3","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/comments?post=3"}],"version-history":[{"count":32,"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/pages\/3\/revisions"}],"predecessor-version":[{"id":3892,"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/pages\/3\/revisions\/3892"}],"wp:attachment":[{"href":"https:\/\/www.equineelite.nl\/en\/wp-json\/wp\/v2\/media?parent=3"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}