Conditions of sale 
Belgian Elite Auction – Auction – 09 July 2024 –  BEA

1. The auction organization BELGIAN ELITE AUCTION is not a party to the purchase/sale relationship of the horse offered for sale. BELGIAN ELITE AUCTION acts as an auction service. The auction committee acts as an intermediary between SELLER and buyer. The organization, preparation and execution of the auction shall be determined exclusively by BELGIAN ELITE AUCTION. This means, among other things, that BELGIAN ELITE AUCTION determines the course of events prior to and during the auction and has the power to, not auction one or more lots or, not recognize and declare invalid any bid and to suspend, resume, extend or cancel the auction and/or take any other measures it deems necessary. 

2. BUYER/SELLER declares to have read these auction terms and conditions and declares to accept these auction terms and conditions. The BUYER/PURCHASER accepts all obligations inherent to an online auction, even if they are not explicitly mentioned in this agreement. 

3. The SELLER agrees to have his/her name or company name listed as breeder and/or SELLER on the auction website. 

4. The BUYER/SELLER declares to be acquainted with all obligations and expenses related to the auction, and to accept a deduction of 10% of the horse's allotment price as a contribution to expenses for the auction organization. 

5. The horses to be auctioned will be sold by auction:

6. Bids and payments will be made exclusively in EURO. 

7. The sale will take place in accordance with Belgian law by auction to the highest bidder. Participation in an auction does not mean for a bidder that a lot is sold to him. 

8. The organization shall award each of the horses to the last bidder. If another bid is made in the last five minutes before the auction closes then the opening time will be extended by five minutes. 

9. The auction organization will attempt to collect the amount due from the buyer after the auction. However, the auction organization is not responsible for collection or cannot be held liable if collection proves impossible for any reason. The SELLER expressly acknowledges and accepts that the auction organization is not liable for the possible inability to trace the identity of the buyer, nor for non-payment on the part of the buyer. If the SELLER is subject to VAT, he is obliged to prepare a VAT invoice in the name of the buyer. 

10. The auction organization has the right to refuse the auction of a horse if, upon clinical examination, the horse shows diseases or defects before or at the time they should be auctioned. The decision in this regard rests with the veterinarian appointed by the auction organization. The examination report and the RX images (from 18 months old, if applicable) can be provided upon first request. In any event, the SELLER remains solely responsible for any hidden or purchase destroying defects of the horses offered for sale. BELGIAN ELITE AUCTION cannot be held liable for any defects, hidden or otherwise, which the horse may have. The SELLER shall hold BELGIAN ELITE AUCTION harmless from any action brought against it by the purchaser or its legal successor(s). 

11. BELGIAN ELITE AUCTION gives the BUYER the opportunity to take out an insurance policy via, for example, Q & O HORSE. 

12. The transfer of risk takes place immediately from the allotment after the end of the auction. The transfer of ownership takes place at the moment of payment by the buyer. After the online auction, buyer and SELLER make arrangements for delivery by mutual agreement (such arrangements must be made taking into account all risks and in the interest of the animal). A foal suckling is best delivered after being weaned. A recipient mare must be returned to the SELLER unless otherwise agreed ..... 

14. The information mentioned in the auction catalog and/or shown on the video images is purely informative and intended to give an impression of the qualities of the horse offered. BELGIAN ELITE AUCTION in no way intends to provide guarantees to the buyer and/or to the SELLER. BELGIAN ELITE AUCTION is not liable for possible printing errors and/or material mistakes in the auction catalog and/or on the video images. 

15. The horses (older than 4 years and ridden) to be auctioned can be subjected to a test ride for which the buyer can make a prior appointment through BELGIAN ELITE AUCTION. 

16. 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.

17. Neither the SELLER nor the buyer can derive any right from the fact that the auction organization has selected the horses and that they have been examined by a veterinarian. 

18. In case of dispute, the board of BELGIAN ELITE AUCTION shall make a binding decision. In case of wrongful non-compliance with this decision, only the courts of Ghent shall be competent. Belgian law is applicable to the relationship between the parties. 

19. In case of dispute, only the Dutch text shall apply.