Terms and Conditions Embryo Sale

Auction Terms and Conditions – Embryo

1. Organizer and Purchase Agreement

European Breeders Trust AG (hereinafter referred to as "Organizer") organizes the online and live auction and sells the embryos or embryo rights specified on the internet in the name and on behalf of the owner of the donor mare.
The purchase agreement is concluded exclusively between the seller (owner of the donor mare) and the highest bidder.

By submitting a bid – online or live – the bidder acknowledges these auction terms and conditions as binding. All information about the offered embryos is provided to the best of our knowledge. The organizer accepts no liability for the accuracy of the information. Errors do not entitle the highest bidder to withdraw, as each buyer is given sufficient time to obtain information about the Lot.

2. Registration and Export

All embryos offered comply with the registration criteria of the World Arabian Horse Organisation (WAHO).
All costs associated with the collection, transport, accommodation of the donor and recipient mare, registration of the embryo as well as the preparation of export documents are borne by the buyer.

3. Bid Currency

All bids are made in Euro (€).

4. Bid Errors and Disputes

The organizer is not liable for errors during the bidding process.
Doubts about the validity of a bid must be reported immediately. The organizer may, at its own discretion, reopen the auction – even after the purchase agreement has already been signed.

Disputes (e.g. identical bids, misunderstandings regarding the award of the lot, technical problems) will be decided by the organizer. This decision is final, binding, and does not give rise to claims for damages or cost compensation.

The auctioneer may reject bids or re-auction a Lot. His decision is final and incontestable.

5. Withdrawal by the Buyer

If the buyer does not confirm the sales notice or objects to the sales confirmation, the embryo may be re-auctioned.
In this case, the original buyer is liable for any possible shortfall in proceeds.

6. Purchase Price, Commission and Taxes

The purchase price consists of:

  • the hammer price,

  • a commission of 9 %,

  • plus statutory VAT (currently 19 %).

No further fees are charged by the organizer; however, the buyer bears all costs for the creation of the embryo.

Exemption from VAT is possible for:

  • Buyers with a valid EU VAT ID who can prove intra-community transport,

  • Buyers with export documents confirming the export of the embryo from the EU.

7. Transfer of Ownership

Ownership of the embryo is transferred to the buyer only after full payment of the purchase price.
Until then, the embryo remains the property of the seller. Claims by the buyer do not entitle them to withhold the purchase price or any part thereof.

8. Refund Regulations

  • If an embryo younger than 42 days is sold and pregnancy is not confirmed by a veterinarian after 42 days, the seller will refund 66 % of the purchase price.

  • If an embryo right or a frozen embryo is sold and the seller cannot deliver the embryo within 12 months, the seller will also refund 66 % of the purchase price.

In both cases, the guarantee applies that pregnancy must be confirmed by a veterinarian after 42 days.

9. Payment and Seller's Withdrawal

Payment of the purchase price is due within 10 working days after the auction in cash or by bank transfer.
If the full purchase price is not paid within 4 weeks paid, the seller is entitled to withdraw from the sale.

In this case, the buyer is liable for all resulting damages and losses, including any possible reduction in proceeds.

The organizer is entitled to accept payments and to take legal action in the event of default. The organizer is only liable in cases of intent or gross negligence.

10. Program changes

The organizer reserves the right to change the course of the auction. This includes, in particular, the right to combine, separate, or not auction Lots.

11. Insurance

It is expressly recommended to insure the embryo in the recipient mare from the veterinary confirmation after 42 days, as from this point any guarantee from the seller ceases to apply.

12. Choice of law and place of jurisdiction

For these auction conditions and all claims arising from them, exclusively German law applies.
The place of jurisdiction is Kempten (Allgäu), Germany.

The prevailing party is entitled to claim reasonable attorney and court costs.

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