CONDITIONS OF REGISTRATION
The sales´ organizer is the
Baden-Badener Auktionsgesellschaft (BBAG) e.V. (Baden-Baden Sales Company)
Sales Office Iffezheim: An der Rennbahn 18, Telefon +49 (0) 72 29 / 14 00, Telefax +49 (0) 72 29 / 30 85 12, Mobil +49 (0) 174-1749171
Basic Conditions For The Contract
In registering the object of sale, the vendor fully accepts the organizer?s conditions of sale which are part of the contract.
Object Of Sale
1.Spring Sale:
Open to all thoroughbred horses.
Two-year-old horses which are in training at least from March 1st of a current year onwards can be presented in a breeze up.
2.Yearling Sale:
Open to yearlings. Every yearling entered in the sale will need to be viewed and nominated by a special commission elected by the BBAG members whose decision is not contestable.
3.Sales & Racing Festival:
Open to all thoroughbred horses.
Regarding all foreign horses entered in the sale, the details of country of origin, date of birth and the date of import in the passport must be given.
I.
Fees and nomination fees for BBAG auction races
1. All fees and costs stand for one horse and are payable at registration plus VAT. The Organizer has the right to deny the object of Sale from being admitted to the catalogue if these fees have not been fully paid. Following a registration, the organizer may engage a third person to work out the catalogue style pedigrees at the Vendor?s expense.
2. In the case of a horse entered in the Sale being withdrawn, the Vendor must:
- Pay the amount registered under clause 1 with the exception of the feeding cost regardless of the Organizer?s right to raise a further damage cost as well as -
- Paying an indemnity of Euro 500,- which is irrespective of the fact whether the object of sale has already been admitted to the catalogue or not. This indemnity payment will not be charged in the case of the vendor being able to present a veterinary certificate stating that the horse can not be transported to the sale, or attend the sale due to a severe or fatal injury or having died. This veterinary certificate must be presented to the organizer at least one hour prior to begin of the sale.
3. The auction fees payable to the Organizer can be calculated from the conditions of sale, note C VII 6 of condition of sale.
4. In the case of a stable box not being cleared 48 hours after the sale, the Organizer has the right to charge the Purchaser with Euro 25,- per each new day. Vendor and Purchaser are both liable for the payment as joint debitors.
5. A yearling is not qualified for the BBAG auction races any longer if is the nomination fee is not paid by the day of the Sale.
II.
Documents at Arrival
1. The Vendor is responsible for the following documents which must be presented to the yard management upon arrival of and before unloading the horses:
a) The horse passport with all vaccinations entered. The vaccination certificates need to be absolutely complete and signed off by a veterinarian and must clearly depict that all applied vaccinations are in accordance with the regulations of the Rules of Germnan Racing. Yearlings must have all three primary vaccinations (basic immunisation) with the last of these three vaccinations having been administered at least ten days prior to transport to the sales ground. Should there be no passport available, there has to be a certified confirmation issued by the Direktorium für Vollblutzucht und Rennen e.V. (German Jockey Club) which asserts that all necessary documents for the horse in question?s registration are complete and in existence.
b) A veterinary health certificate ? issued on the special form provided by the Organizer ? which is signed by the examining veterinarian and which states that the horse in question was examined within the last three days prior to transport to the sales ground and was found to be free of any clinical symptoms of a contagious or infectious disease and that in the past 40 days there were no reported cases of any contagious disease at the horse?s home;
c) A certificate as proof for the existence of a valid liability insurance for the horse in question. In the case of a missing certification, the organizer has the right to sign for a liability insurance for the horse in question for the time of its stay on the sales premises with the Vendor being charged with the cost.
d) Following special documents depending on the sale:
- for all sales a coggins test for horses from non-EU-countries as well as
- In-foal mares need the original covering certificate and a written certificate confirming the pregnancy which must have been issued within the past 14 days.
- Broodmares need the yellow veterinary examination card.
- Foreign horses: need the forfeit stamp in their passport and the export certificate
e) With the sales entry the vendor has to declare, if the horse is a windsucker or boxwalker. The vendor is obliged to inform prospected buyers. For vendors of breeding stock it is advisable to provide an EVA test, the results will be published on the notice board.
f) The vendor?s address and a telephone number under which he himself or one of his staff can be contacted at all times during the sale period.
2. Provided all above mentioned documents being available and in order as well as the horse in question being in good condition (see clause IV), the Vendor is entitled to receiving the stable box keys, head collar plates, bum stickers and the catalogue number plates. The head collar plates and catalogue number plates must be returned to the sales office after the sale, if not, the vendor will be charged for the cost of missing material.
III.
Arrival, viewing time and presentation
1. All horses entered in the sale must have arrived on the sales grounds at least twelve hours prior to the first viewing period.
2. Horses are to be equipped with catalogue number plates during the presentation, in the sales ring they must wear the head collar plates and bum stickers.
3. The Vendor must provide schooled and experienced staff at his own expense for his horses? entire stay on the sales? premises.
IV.
The Organizer´s Rights
The Organizer has the right to exclude such horses from the sale whose documents are incomplete as well as reject or isolate horses which have already been admitted to the sales? premises on the grounds that they are not correctly or insufficiently vaccinated, injured, show clinical symptoms of a contagious and infectious disease or are in a poor condition. In the case of such a rejection, the Vendor will still be liable to pay the Organizer the fee as in accordance with these conditions of registration and sale minus possibly saved personal cost on the Organizer?s side at first notice, and regardless of the Organizer?s further rights. The Vendor himself may assert a minor damage. The Vendor has no other rights. Especially the assertion of a right of restraint or an offset of cost can only be considered under undisputed and lawful demands.
V.
Liability
1. The Organizer is not liable for the staff as this is the Vendor?s responsibility. The Conditions of Sale clearly depict the extent of liability in the various circumstances.
2. In working out the sales catalogue, the Vendor?s information regarding pedigree information will be taken into account. Thus it is the Vendor?s responsibility to proof the information regarding the sale object in the catalogue. The Organizer must be notified of any changes and additions in writing.
VI.
Debiting Authority
The Vendor grants the Organizer the irrevocational power of attorney to debit all arising costs from the Vendor?s account at the Direktorium für Vollblutzucht und Rennen e.V. (German Jockey Club).