TERMS AND CONDITIONS SPORTPAARDENVEILING DRONTEN MAY 2023.
Article 1 – General conditions:
1.1 These conditions of sale apply to all agreements concluded through Veiling Dronten
on 16 May 2023 between seller and purchaser regarding horses offered through Foundation
Veiling Dronten as well as all resulting agreements.
1.2 All agreements to which these conditions apply, either fully or in part, are subject to
Dutch law.
1.3 The conditions of sale shall be made available to everyone interested in Veiling
Dronten before the start of the auction by or on behalf of Stichting Veiling Dronten. The
conditions of sale will also be included in the auction catalogue. By making a bid at the
auction the respective bidder is assumed to have taken notice of and fully accept the terms
and conditions.
1.4 The capitalized terms in Article 2 of these terms and conditions have the following
meaning in these Auction Conditions.
Article 2 – Definitions:
a. PURCHASER: a natural person or a legal entity that acts as or on behalf of the buyer
during the contract of purchase and sale of a horse during Veiling Dronten.
b. NOTARY: the civil-law notary or deputy civil-law notary, before whom the sport horse
auction takes place.
c. FOUNDATION: foundation Veiling Dronten.
d. AUCTION COMMITTEE: committee charged by Stichting Veiling Dronten with
organizing the sport horse auction.
e. SELLER: a natural or legal person who acts as seller in an agreement for the purchase
and sale of a horse during the sport horse auction.
f. HORSE: a horse designated by the auction committee for the sport horse auction that
is auctioned/sold as a riding horse.
g. SPORT HORSE AUCTION: the annual sport horse auction organized by Stichting Veiling
Dronten.
h. AUCTIONEER: the auctioneer appointed by the foundation.
i. ACCEPTANCE: the acceptance of a bid by the auctioneer
Article 3 – Auction:
3.1 The sport horse auction is organized by Foundation Veiling Dronten in the presence of
a civil-law notary or his deputy affiliated with the Pot en Koekoek civil-law notary’s office in
Ermelo. General terms and conditions apply to all services and activities of the notary office
Pot en Koekoek in Ermelo, for which reference is made to the website of the aforementioned
office.
Article 4 – Contract of Sale
4.1 The contract of sale between the seller and purchaser is immediately effected by a final
accepted bid.
Artikel 5 – The method of auction and risk transfer:
5.1 The sport horse auction is conducted by an auctioneer appointed by the Foundation.
Simultaneously, there is the possibility to bid via the online auction platform WeAuction.
5.2 The horses are sold in the state and condition in which they are during the surcharge.
The horses have undergone a veterinary check as a sport horse, carried out by Veterinary Clinic
Emmeloord, on behalf of and at the expense and risk of the seller. The report of the
aforementioned check is binding for both buyer and seller. The veterinary reports can be
viewed by anyone at the auction office.
5.3 The auction order is determined by drawing lots and announced before the start of
the auction. The first two horses to be auctioned are offered for auction twice; once before
and once after the break. The final surcharge is based on the highest bid from the two bidding
rounds.
5.4 Placing a bid could be done by lifting the catalogue. Unless the Auctioneer indicates
otherwise, bids are made in amounts of € 500,- or multiples thereof. The Foundation, or the
auctioneer and/or the civil-law notary, reserves the right to refuse a bid without stating
reasons.
5.5 Each bidder is deemed to bid for himself and is bound by his bid until a higher bid is
accepted.
5.6 From the surcharge, the relevant horse is at the expense and risk of the buyer, except
for any hidden defects.
5.7 If the auctioneer has made a mistake, he has the right to rectify his mistake.
5.8 The civil-law notary establishes and, insofar as necessary, records facts that occur during
the sport horse auction. Any disputes relating thereto will be decided by the civil-law notary on
the basis of his findings and records.
Article 6 – Exclusion from liability:
6.1 The Foundation excludes any liability with regard to the state of health and/or
possible stable vices of the horses.
6.2 The Foundation is not liable if a horse listed in the auction catalogue is ultimately not
offered for auction.
6.3 The Foundation is not liable for any accident or any form of damage suffered by
anyone in or near the grounds or buildings where viewing is possible, where the horse auction
takes place or where the sold horses are collected. Entering these sites and buildings is at your
own risk.
6.4 The Foundation excludes liability for third-party damage that has arisen during the
horse auction, except for damage resulting from intent or deliberate recklessness on the part
of the Foundation or its members.
Article 7 – Payment en delivery:
7.1 After the purchase of a horse, the buyer must pay the purchase price, as well as any
applicable VAT plus the auction costs at ten percent (%) excluding VAT. of the purchase price,
in cash or by direct debit or by telephone transfer on the first working day after the auction
per currency of that day to account number NL47 RABO 034 81 44 334 to the foundation.
7.2 The horse is delivered by the seller to the address of Stichting Veiling Dronten. Only
on presentation of a valid derivation certificate issued by the Foundation, the horses should
be collected by the buyer immediately after the end of the auction or on Wednesday May 17,
2023 between 10 a.m. and 12 p.m.
7.3 If the seller or buyer of one or more horses believes that a dispute has arisen between
him and his other party, or if the buyer believes that he can file a claim for dissolution of the
purchase agreement, he shall notify this within fourteen days after the auction. Notify the
Foundation by registered letter. In the absence of such notification within the set term, the
purchase price will be paid by the Foundation to the seller immediately after the said term has
expired. If notification, as referred to above, has reached the Foundation in time, the purchase
price will remain with the Foundation until the dispute has been resolved or until the claim
for dissolution has been decided. In consultation with the parties, the Foundation will place
the purchase price in its name in an interest-bearing account with a reliable bank; the accrued
interest will accrue to the person to whom the purchase price will appear to accrue.
7.4 The buyer does NOT owe VAT on the purchase of the horse, UNLESS the description
of the horse in the catalogue states that the VAT regulation applies, in which case the buyer
DOES owe VAT on the purchase of the horse. For horses that are auctioned under the VAT
scheme, the SALES PRICE deducted by the auctioneer is AUTOMATICALLY EXCLUSIVE 21% VAT.
Article 8 – Registration certificate:
8.1 The proof of registration of the horse issued by the seller to the Foundation prior to
the horse auction remains in the possession of the Foundation until the buyer and seller have
fulfilled their financial obligations towards each other and towards the Foundation to the
satisfaction of the Foundation and as long as the horse is not actually delivered to the buyer.
Article 9 – Default:
9.1 In the event of non-compliance by the seller or buyer with one or more of the
obligations arising from the sale and purchase, other than as a result of a non-attributable
shortcoming (force majeure), the other party has the right, at its sole discretion, to claim; or
to regard the purchase agreement as dissolved; in which both cases the offender will forfeit a
one-off fine to the benefit of the other party of an amount of € 2,500.00, and if the other party
opts for compliance, to be increased by a fine of € 250.00 for each day that the noncompliance
continues, to be paid by the offender to the other party, without prejudice to the
right of the latter to claim compensation, only after having been given notice of default by
registered letter or bailiff’s writ. Notice of default must be given with due observance of a
period of at least eight days.
Article 10 – Disputes:
10.1 All disputes arising from the sale and purchase at the auction and/or these Auction Terms and
Conditions will, with due observance of the provisions below, be decided in the highest instance by
the civil-law notary, who may be assisted by experts. The present Article 10 refers to a settlement
agreement between the parties as referred to in Article 7:900 et seq. of the Dutch Civil Code, in
which the decision on the dispute is entrusted by the parties to the civil-law notary, all this unless
the parties or one of them declare(s) want to submit the dispute to the ordinary court for settlement
and then bring the case before the ordinary court(s) before or within one month after written by
the civil-law notary the parties have been asked whether they wish to submit the settlement of the
dispute to the ordinary court.
Auction conditions Veiling Dronten’s Sport horse auction 16 May 2023.