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  1. TERMS AND CONDITIONS

    1.  

    Scope

    1.1. These auction terms and conditions (hereinafter the “Terms”) are applicable by every use of the auction website and at every auction organized by the BV “BBC & Co BV” with registered office at Belgium, Lierseweg 279, B-2200 Herentals, Belgium (hereinafter the “Company”).

    1.2. By submitting a bid in person, by telephone or online, or by entering in an agreement the Bidder declares explicitly to have knowledge about the Terms, and understand and accept them and has a copy in its possession.

    1.3. The Terms of the Company are applicable on Companies, as described in art. I.1, 1° of het Wetboek voor Economisch Recht, as on consumers as described in art. I.1, 2° of het Wetboek voor Economisch Recht.

    1.4. The Terms of the Company are to be considered exclusive. As a consequence the Company doesn’t agree with the applicability of any other terms.

    1.5. The Terms forms together with the (sale)agreement, the integral agreement (hereinafter the “Agreement”) and reflects the complete agreement between parties, considering the subject of the Agreement and it suspends all previous oral and/or written agreements, notifications, offers, or correspondence between parties.

    1.6. Deviations on these Terms are only valid if they are confirmed in writing by the Company.

    1. Definitions

    2.1. Agreement for sale: the agreement between Buyer and Seller that is established as a consequence of the allocation.

    2.2. Allocation: the explicit declaration of the Company to the Bidder the Lot he was bidding on is allocated to him.

    2.3. Auction website: the website on which the Company offers the Online Auction service.

    2.4. Bidder: the natural or legal person that participates in an auction organized by the Company.

    2.5. Bid: the amount bid by the Bidder for an auction lot at an auction, to be increased by taxes and costs (including without being limited to the Auction Costs).

    2.6. Buyer: the Bidder on who the Allocation is appointed. 2.7. Lot: one or more Goods offered for sale at an auction.

    2.8. Online Auction service: the online platform whereon the Bidder can make his bid online.

    2.9. Public Auction: a method for the sale of goods whereby goods offered by the Seller are sold by using a transparent competitive bidding procedure under the supervision of an auctioneer and whereby the Bidder can be present in person or whereby the Bidder has the possibility to be present in person and whereby the winning Bidder engages himself to buy the Lots he is bidding on.

    2.10. Seller: the natural or legal person that has given the mandate to the Company to sell one or more goods in name and on behalf of itself.

    2.11. Foal: A new born horse in his first year of existence after birth

    2.12. Planted Embryo: the foetus that came about after insemination of the donor mare/broodmare by the stud.

    2.13. Surrogate mare: the surrogate mare in whose uterus the young embryo was transplanted via embryo transplant/ICSI that was removed from the uterus of the donor mare. The embryo further develops in this surrogate mare and after birth is raised by this surrogate mare.

    2.14. Broodmare: A mare kept for breeding

    1. Registration

    3.1. To participate by phone or online at the auction as Bidder registration, in a way that is foreseen by the Company, and acceptance of the Terms. Participation isn’t allowed when you aren’t able to perform legal acts or if you are legally incapacitated.

    3.2 The Company has the right to refuse registration or further participation to an auction on every moment for whatever reasons.

    3.3 If you wish to participate at the auction you will need to legitimize your identity on first request of BBC & Co BV, failing can lead to the prohibition to participate at the auction.

    3.4 You are obliged to pass on all the requested information completely, correct and truthfully and you will need to guarantee the correctness and completeness of the information supplied by yourself. If these information changes at any moment, you will need to notify the changes to the Company.

    3.5 If you are offered the opportunity to make use of a login-name and password, the login-name and password are considered to be strictly personal and can’t be passed on to third parties. If you fear that a third party has knowledge of your password you will need to notice that to the Company. You are responsible for and bound by all actions occurred by the use of your login and password, even when there is abuse.

    3.6 As the registration procedure is completed and you have an account, you can make use of the Online Auction service. An account can be deleted on simple request.

    1. Auction

    4.1. The preparations and execution of the auction are determined by the Company solely. This means that the Company has the authority to decide on the preparations and execution of the auction, this includes without being limited: the admission of persons to the auction, the exclusion of persons to participate to the auction, not to auction one or more Lots, not to recognize a bid, to suspend the auction, to prolong the auction or to take any other necessary measure.

    4.2 The time of the auction is mentioned on the Auction website. Even though the Company is entitled to cancel, suspend or prolong to auction. The Company is by example entitled to suspend the auction when there are technical interferences. The Company is in no way obliged to suspend the auction.

    4.3 A Bidder is obliged to respect the instructions of the Company.

    4.4 In principle the auction will respect the order as mentioned in the auction catalogue. The Company has the right to deviate from this order.

    4.5 The Bidder accepts the special conditions that can play a role by online/ telephonic bidding.

    4.6 The Bidder with the second-highest bid is obliged to continue to give full effect to the bid until ten business days after the bid is placed in case that the highest bid is declared invalid or the Agreement for sale isn’t established for whatever reason.

    1. Public auction

    5.1. The Company gives the Bidders the option to place their Bid in person in front of an Auctioneer, the location is mentioned on the Auction website.

    5.2 Instead of placing his Bid in person the Bidder hs also the possibility to place its bid online or by telephone.

    1. Allocation
    2. Description of the Lots

    The provisional allocation takes place under the suspensive condition of the Seller’s approval. Immediately after all Goods are allocated provisionally, the respective Sellers are asked for its agreement, afterwards the Auctioneer will announce clearly which lots are allocated definitely and which are withheld.

    7.1. All statements made by the auctioneer or BBC & Co BV, be it in writing or in oral form, are not to be referred to as statements of fact. They are to be considered only as an opinion, given according to the best of the auctioneer’s knowledge and are for guidance only. BBC & Co BV is depending on the information provided by the Seller or third parties to describe the Lots on the Auction Website or in the catalogue. BBC & Co BV has no knowledge that the Lot that is auctioned is entrusted with any rights of third parties.

    1. The Bid

    8.1. The bid needs to be placed in the way as determined by the Company. The auction of foals and embryos commences at five thousand euro (5.000,00 EUR) and takes place in foreclosure of min. five hundred euro (500,00 EUR). As of the sum of ten thousand euro (10.000,00 EUR) is reached the auction takes place in foreclosure of min. one thousand euro (1.000,00 EUR). As of the sum of fifty thousand euro (50.000,00 EUR) is reached the auction takes place in foreclosure of min. two thousand euro (2.000,00 EUR). The Corporation is entitled to change the bidding procedure at every moment, if there are reasonable grounds therefore.

    8.2 If the Bidder makes a Bid, this Bid is considered to be an offer to the Seller. The Bidder is bound irrevocably and unconditionally by his bid.

    8.3 If more persons place a mutual bid they are jointly and severally liable.

    8.4 The Company and the Seller are entitled to participate at the auction and to place Bids on behalf of third parties.

    8.5 A Bidder can’t invoke a bid-, typo-error or other mistake.

    1. Prices

    9.1. Unless otherwise mentioned the prices are excl. VAT.

    9.2. The buyer pays BBC & Co BV Ten percent (10%) excluding VAT on top of his purchase price for the sale expenses, which are payable to BBC & Co BV. It is brought to the buyer’s attention that in addition to the above mentioned fixed expenses, the buyer also has to pay possible VAT on the purchase sum. If this is the case, the seller shall create an invoice.

    1. Payment

    10.1. All invoices are to be paid in cash on the legal seat of the Company or by bank transfer and are payable without discounts.

    10.2. All invoices are payable within three business days after invoice date.

    10.3. The term to protest the invoice expires on the fifth (5th) calendar day after invoice date. Protest needs to be done in writing by registered letter. Protest needs to be motivated.

    1. Claims and responsibility

    11.1. The responsibility of the Company is limited to what is regulated in these Terms.

    11.2. Each claim of the Bidder against the Company is invalid if the claim isn’t noticed in accordance with these Terms or isn’t brought before the competent court within a term of two months after the date on which the fact whereon the claim is based was known or was supposed to be known by the Bidder.

    11.3. The responsibility of the Company is limited to the value of the services that the Company has rendered. Which shall be determined on the basis of the invoice regarding the Auction Costs. Each responsibility is in each case limited to the amount that is covered by the assurance of the Company.

    11.4. If the buyer pulls out of the purchase, the Company is entitled to immediately re-auction the Goods without accepting the original bidder/buyer’s bid. The original bidder/buyer is obliged to pay the Company the expenses for re-auctioning the foal as well as the difference between his bid and a possibly lower purchase sum after re- auctioning..

    1. Risks and delivery

    12.1. Unless explicitly otherwise agreed in writing the risks of the Good will be transferred at the moment of delivery.

    12.2. The delivery of the foal can’t take place before the foal has reached the age of 4,5 months and is weaned for at least 1 week before delivery. The buyer has the possibility to insure the foal for the period between purchase and delivery. The ownership of the embryo is transferred to the Buyer at the moment the Buyer makes the payment to the Company. The surrogate mare stays in ownership of the Seller, or this can be agreed differently upon between Seller and Buyer.

    12.3. Unless other arrangements between buyer and seller/breeder, the seller/breeder is deemed to deliver the foal at the Belgian buyer. If a foreign foal is sold during the auction, the seller/breeder must deliver the foal at the site of the auction, where it is

    picked up by the buyer. A foreign customer picks up the foal at the seller/breeder’s place.

    1. Surrogate Mare and embryo

    13.1. The surrogate mare that is sold to the buyer bearing an embryo remains the property of the seller and after prior notification, no later than 6 months after the birth of the foal, is returned by the buyer to the seller, in good health, dewormed and vaccinated. If the seller prefers, he may require a deposit of 1.500 EURO (excl. VAT), on the account of the Company, for the loan of the receptor. This deposit is refunded to the buyer when the receptor mare is returned in good condition, as mentioned above. The seller bears full responsibility for the surrogate mare and its unborn foal until at least the 60th day of gestation or the date of sale when this exceeds the 60 days of gestation. The seller is no longer responsible for the health of the surrogate mare and its unborn foal after the date of sale. The foal is named after the stud of the seller unless otherwise agreed between the seller and buyer.

    13.2 Pick-up the Embryo at the location and time established by Company on presentation of a valid proof of identity. Surrogate mare and embryos must be no later than 30 days after awarding picked up by buyer. Delivery of the horses takes place via pick-up by the buyer or a transport company appointed by him. The pick-up consists of making the horses available to the buyer. The risk transfers to the buyer from the moment of delivery to the buyer or to a transport company appointed by him. The pick-up takes place subject to the suspensive condition that the full purchase price, the auction fees and the possible other amounts owed by the buyer have been paid. If the buyer refuses the pick-up or fails to provide the information or instructions needed for the pick-up, the horses will be maintained by Company at the risk of the buyer. In this case, the buyer is required to pay to Company all additional costs, including in any case stable and transport costs, in which case the horses shall only be made available for pick-up if and when the buyer has also fully paid these costs.

    13.3 costs of surrogate mares in case of embryos
    13.3.1 Plot Blue x Cassini – warranty see above
    13.3.2 Cornet Obolensky x Casal – warranty see above or buy over for 2.500 euro
    13.3.3 Bamako de Muze x Diamant de Semilly – warranty see above
    13.3.4 Casal x Bamako de Muze – buy over for 2.000 euro
    13.3.5 Heartbreaker x Fetiche du Pas – warranty see above or buy over 4.000 euro
    13.3.6 Baloubet du Rouet x Kannan – surrogate rent for 3.000 euro
    13.3.7 Eldorado vd Zeshoek x Halifax vh Kluizebos – surrogate warranty or buy over 2.000 euro

    1. Termination
    2. Force Majeur
      14.1. Force Majeur

    13.1. In case of malpractice, bankruptcy or manifest inability of the Buyer, the Company is entitled to dissolve the agreement without notice of default and by operation of law but registered mail. In the case of dissolvation or termination as on request of the Company, the Buyer is obliged to pay a fixed compensation to the Company which is equal to 25% of the to be invoiced price, unless the right to claim the actually incurred damage.

    14.1. The Company isn’t responsible against the Buyer/Bidder for any malpractice or untimely execution of or for the consequences of any not-timely execution which isn’t caused by her fault, nor by law, nor by any legal act, including natural disasters, wars, fire, strikes, explosions, terrorist attacks …

    14.2. In the case of Force Majeur the Company is entitled to suspend its obligations under the Agreement. If the force majeur holds on for more than 6 months the Buyer and the Company are entitled to dissolve the part of the Agreement which isn’t executed by written notice, in the case a party makes use of this right it isn’t entitled nor obliged to pay a compensation.

    1. Applicable jurisdiction

    15.1. In case of interpretation of the Terms, the Dutch version of the Terms prevail on any other version of the Terms.

    15.2. The Agreement and the documents to be entered into pursuant to it, shall be exclusively governed by and construed in accordance with Belgian Law, without regard to any conflict of law rules under Belgian international private law. The applicability of the international Convention of Sale of Goods is excluded.

    15.3. Any dispute in connection with the Agreement and any other document to be entered into pursuant to or in connection with it shall be submitted to the exclusive jurisdiction of the competent court in Ghent, Belgium.

    15.4. In the event that a provision of the Terms or the Agreement is null and void or unenforceable (either in whole or in part), the remainder of the Terms or the Agreement shall continue to be effective to the extent that, given this Agreement’s substance and purpose, such remainder is not inextricably related to the null and void or unenforceable provision. The Parties shall make every effort to reach agreement on a new provision which differs as little as possible from the null and void or unenforceable provision, taking into account the substance and purpose of this Agreement.

    Last edit: 05.09.2021

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