Sample Contract Auctions
Auction Agreement
for the EBT Select/Silent Sale Aachen 2025
Between
Organizer: ____________________________ and Owner/Seller of this Item: ____________________________
Will be offered on September 27 and 28, 2025:
-
Select Sale
-
Silent Sale
Horse Breeding Rights Embryo Rights
Details of the Item:
1. Introduction
The operator organizes and conducts auction events where third parties can acquire and/or sell goods and rights, especially horses, so-called breeding rights or so-called embryo rights. The owner/seller commissions the operator for a fee to auction the goods or rights submitted by the owner/seller, with the purchase contract for the offered goods or rights being concluded directly between the highest bidder and the owner/seller with the acceptance of the bid.
2. Description of the Service
2.1 The operator offers a publicly accessible auction platform through which owners or rights holders (hereinafter referred to as "sellers"/"owners") and buyers can participate. The operator does not become a contracting party.
2.2 The operator provides the seller with a "lot."
2.2.1 The operator receives the purchase price and forwards it after the transfer of ownership.
3. Obligations of the Seller
3.1 Proof of ownership upon request.
3.2 Proof of identity through official documents.
3.3 Disclosure of trust relationships.
3.4 Right of termination by the operator in case of breach or doubt.
4. Auction Process
4.1 Lots are described and depicted with images.
4.2 Contract language is German or English.
4.3 Start and end times are displayed.
4.4 Starting bid: €5,000, bid increments by the operator.
4.5 Bids are binding.
4.6 Acceptance of bid to highest bidder.
4.7 Contract is concluded with the acceptance of the bid.
5. Minimum Price Agreement
Sale only occurs upon reaching €0.000 (confidential). No sale if not reached.
6. Deposit
6.1 Deposit: €0.000 plus 19% VAT.
6.2 Due upon contract signing. Payment within one week.
6.3 No payment received = exclusion from auction, deposit remains due.
7. Final settlement / fees
7.1 Fees according to website: https://ebt.auction/conditions
7.2 Fee calculator available.
7.3 Example graphic for calculation.
7.4 Settlement after auction ends.
8. Media costs in case of non-sale
Deposit is retained as a flat fee in case of non-sale.
9. Settlement and VAT
After the auction: Invoice or credit note including VAT.
10. Sale of embryos
10.1 Payout after 42 days of pregnancy confirmation.
10.2 Procedure according to section 3 accepted.
11. Seller's warranty obligation
11.1 No sale before November 30, 2025.
11.2 Penalty for violation = deposit amount.
12. Advertising materials
12.1 Provision until July 30, 2025, formats: JPEG/MP4, video min. 1920x1080, photo 300 dpi.
12.2 Comprehensive usage rights are transferred (see §§ 16–23 UrhG).
12.2.1–12.2.12 include reproduction, distribution, publication, editing, and international rights transfer, among others.
13. Health condition
Certification required by September 19, 2025.
Form: https://ebt-trust.com/en/pages/state-of-health
14. Preparation of the lot
Seller bears responsibility & costs for presentation, care, training.
15. Warranty / indemnification
15.1 Seller guarantees ownership and legal compliance.
15.2 Indemnification of the operator against third-party claims.
16. Liability
16.1 Liability for gross negligence, product liability, cardinal obligation.
16.2 Limitation to foreseeable damage.
17. Applicable law
German law. CISG excluded.
18. Jurisdiction
Jurisdiction: Kempten, if legally permissible.
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Veterinary examination for horses presented for the EBT auction
Owner: ____________________________ Date: ____________________________
Horse Identification: ____________________________
U.E.L.N.: ____________________________
Date of Birth: ____________________________
Microchip: ____________________________
Medical History: ____________________________
General Condition / Shoeing: ____________________________
Skin: ____________________________
Eyes: ____________________________
Head, Neck, Teeth (Overbite/Underbite): ____________________________
Circulation, Lungs, Heart: ____________________________
Reproductive Organs (Testicles descended?): ____________________________
Musculoskeletal System: ____________________________
Back: ____________________________
Walk and Trot in Hand: ____________________________
Movements on the Circle: ____________________________
Flexion Tests:
-
left front: ________
-
left rear: ________
-
right front: ________
-
right rear: ________
