Conditions of sale 
Belgian Elite Auction – Auction – 31 October 2022 –  Belgian

1. BELGIAN ELITE AUCTION VOF is a company with correspondence address Zeemansdreef 15/02, 8670 Koksijde , to be reached by phone on +32468107704, +32471644495, by email on info@belgianelite.auction. BELGIAN ELITE AUCTION organizes an online auction for foals and embryos which will close on 31.10.2022. 
2. Participating in the auction implies the knowledge and explicit and unreserved acceptance of these auction conditions.
3. Through her auction BELGIAN ELITE AUCTION sells foals, and embryos on behalf of and for the account of third parties. BELGIAN ELITE AUCTION acts as an auction service. The auction committee acts as an intermediary between the seller and the buyer. 
4. For online bidding , the buyer must register via the website https://www.begianelite.auction before he/she can participate in the auction. 
5. By participating in an auction, the buyer declares to be authorized to perform legal acts and the buyer declares to be authorized to enter into a purchase agreement. Upon first request, the buyer must submit valid proof of identity, failing means the buyer may not participate in the auction. The buyer is obligated to ensure that the information to be provided upon registration is complete, correct and truthful. The username and password used by the buyer for an auction are strictly personal and may not be transferred by a buyer to third parties. The buyer is liable for and bound by all transactions that take place at an auction and that result from the use of his/her password and/or user name, also in the event of misuse.
6. The buyer is aware that the services available through the website are limited to making it technically possible to follow the auction through the Internet and participate in the auction as a bidder. BELGIAN ELITE AUCTION does not and will not take any responsibility for the organization and conduct of the auction through the website  www.belgianelite.auction
7. The lots will be auctioned in the condition they are, at the time of the auction. For every foal is a health certificate (07/10/2022) available at the website.
    
8. Auction 
   The sale is effected in accordance with Belgian law by means of auction and assignment to the highest bidder after payment of the settlement amount with or without VAT. The auction shall be supervised.
9. Bids and payments are in EURO.
10. The bid needs to be placed in the way as determined by the Company. The auction of the foals and embryos starts at three thousand five hundred euro (3500,00 EUR).
11. A bid takes place in foreclosure of min. five hundred euro (500,00 EUR). As of the sum of ten thousand euro is reached the auction takes place in foreclosure of min. one thousand euro (1.000,00 EUR). When a bid reaches the twenty thousand euro (20 000 EUR) 
    the auction takes place in foreclosure of min. two thousand euro (2.000,00 EUR).The organisation is entitled to change the bidding procedure at every moment, if there are reasonable grounds therefor.
12. If the Bidder makes a Bid, this Bid is considered to be an offer to the Seller. The Bidder is bounded irrevocably and unconditionally by his bid. Every Bidder that places a Bid, is considered to make this Bid for himself and is bounded in person.  If more persons place a mutual bid they are jointly and severally liable. The Company and the Seller are entitled to participate at the auction and to place Bids on behalf of third parties. A Bidder can’t invoke a bid-, typo-error of other mistake.
13. The Bidder with the second-highest bid is obligated to continue to give full effect to the bid until ten (10) 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.
     
14. Prices
    Unless otherwise mentioned the prices are excl. VAT.
15. On top of the allotment price, the buyer pays BELGIAN ELITE AUCTION a percentage of 10 % (excluding. 21% VAT) on the allotment price as commission and for the intervention in the auction costs. The auction costs are payable to the auction organization and have to be settled on the account of BELGIAN ELITE AUCTION prior to the delivery of the horse to the buyer.
16. It is brought to the buyer’s attention that in addition to the abovementioned 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.
17. The horses are assigned to the highest bidder. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is subsequently placed.
     
18. Payment
    All invoices are payable within five (5) business days after invoice date. 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.
     
19. Risk and delivery

Any liability with regard to the auctioned horses, foals or embryos after delivery is transferred to the buyer. After the auction and after payment of the full settlement amount, the buyer and the seller will make the arrangements for the delivery in mutual consultation. The legal relationship sale/purchase is established between the buyer and the seller, on the understanding that with regard to the buyer, the seller and not the auction organization is liable for any shortcoming that the horses would show after the auction.
The delivery of the foal can’t take place before the foal has reached the age of 5 months and is weaned for at least 1 week before delivery.

1. The ownership of the embryo is transferred to the Buyer at the moment the Buyer makes the payment to the Company. 
2. If you purchase an embryo the surrogate mare has to be purchased with the embryo for an extra of 3.000 euro (ex. 21%. VAT) on top of the embryo sale price. The surrogate mare becomes in ownership of the new buyer as soon as the auction is ended, unless specifically discussed with the seller. Although it’s also possible to rent the surrogate mare. In this case the buyer pays 3.000 euro (ex. 21%. VAT). This is split in 1.500 euro (ex. 21%. VAT) rent and 1.500 euro (ex. 21%. VAT) deposit. For each embryo are the specific conditions mentioned at the auction platform.
3. Unless otherwise decided between buyer and seller, the seller will deliver the horse or surrogate mare with embryo with the Belgium buyer. If a non-Belgium embryo is offered at the auction, the seller will be obliged to deliver the foal or surrogate mare + embryo at the place of the auction, where the buyer can pick-up the surrogate mare + embryo. Any non-Belgium buyer is responsible to arrange his own pick-up.
4. Ownership of the horses is transferred at the time of payment by the buyer and seller to the auction organization for the comission fee and to the seller for the horse/embryo.
5. Nor seller, nor buyer can waver the responsibility of the auction organizer for having selected the horses or a veterinarian research. All horses have been checked by an approved veterinarian. Reports are for everybody available on the website. Further inquiries can be addressed to the responsible veterinarian.
6. The information concerning the horses is only intended to give an impression of the qualities of the offered horses, without pretending to be complete and without wanting to give any guarantees. When describing a lot, the auction organization depends on the information provided by a seller or third parties. The auction organization is not liable for possible printing errors and/or material errors on its website and catalogue.

1. In case of malpractice, bankruptcy or manifest inability of the Buyer, the organisation is entitled to dissolve the agreement without notice of default and by operation of law by registered mail. In the case of dissolution 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.
2. In the event of a dispute between the organization and the participants in the auction (buyer or seller) or in the event of a dispute between the buyer and the seller, only  this text will apply. 
3. As a last resort, the auction organization shall settle any disputes that may arise during the auction operations following the sale.
4. Any dispute arising from this auction and its consequences shall be governed exclusively by Belgian law to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. The Court of First Instance of East Flanders, Ghent Division and the Corporate Court of Ghent, Ghent Division shall have exclusive jurisdiction to hear any disputes.