Terms and Conditions Embryo Sale

Auction Terms and Conditions – Embryo

1. Organizer and Purchase Agreement

European Breeders Trust AG (hereinafter referred to as the “Organizer”) organizes the online and live auction and sells the embryos or embryo rights designated 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 placing a bid – online or live – the bidder acknowledges these auction terms and conditions as binding. All information on the embryos offered is provided to the best of our knowledge. The Organizer assumes 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, and preparation of export documents shall be borne by the buyer.

3. Bidding Currency

All bids shall be placed in euros (€).

4. Bidding Errors and Disputes

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

Disputes (e.g. identical bids, misunderstandings in the awarding of the bid, technical problems) shall be decided by the Organizer. This decision is final, binding, and does not give rise to any claims for damages or reimbursement of costs.

The auctioneer may reject bids or auction a Lot again. 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 auctioned again.
In this case, the original buyer shall be 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 value-added tax (currently 19%).

No additional fees are charged by the Organizer; however, the buyer shall bear all costs of producing the embryo.

Exemption from VAT is possible for:

  • buyers with a valid EU VAT ID who can provide proof of intra-Community transport,

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

7. Transfer of Ownership

Ownership of the embryo shall pass to the buyer only upon full payment of the purchase price.
Until then, the embryo shall remain the property of the seller. Claims by the buyer do not entitle the buyer to withhold the purchase price or any part thereof.

8. Refund Policy

  • If an embryo that is younger than 42 days is sold and the 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 24 months, the seller will also refund 66% of the purchase price.

In both cases, the guarantee applies only if the pregnancy has been confirmed by a veterinarian after 42 days.

9. Payment and Seller’s Withdrawal

Payment of the purchase price is due within 10 business days after the knockdown, in cash or by bank transfer.
If the full purchase price is not paid within 4 weeks, 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 shortfall in proceeds.

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

10. Changes to the Program

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

11. Insurance

It is expressly recommended to insure the embryo in the recipient mare from the time of veterinary confirmation after 42 days, since from that point onward any guarantee by the seller ceases to apply.

12. Governing Law and Place of Jurisdiction

These auction terms and all claims arising from them shall be governed exclusively by German law.
Place of jurisdiction is Kempten (Allgäu), Germany.

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

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