General sales conditions in Saint LÔ

CONDITIONS OF SALES at PHYSICAL AUCTIONS


These conditions of sale are deemed known and accepted by sellers and buyers.
They are applicable to all transactions carried out by the S.V.V. NASH
Since sales are public, entry into the sales establishment is obligatorily free.
The presentation of horses may be dangerous, so visitors and amateurs may visit the establishment at their own risk and must comply with the recommendations made to them by the sales establishment.

ARTICLE 1 - AUCTION.
The public auctions are, according to the law, made by Auctioneer responsible for the Company of Voluntary Sales NASH approved on November 25, 2003 under n ° 2003 - 86.
The present general conditions of sale are applicable in all their provisions since they are not contrary to those stated before the sale by the Ministerial Officer and recorded on the minutes.
The responsibility of the S.V.V.NASH and the Ministerial Officer can not be sought by the seller or by the buyer outside the limits of responsibilities thus defined and accepted contractually by the seller and the buyer.
In general, the non-observance of the conditions of sale can not under any circumstances engage the responsibility of the S.V.V. NASH and the Ministerial Officer proceeding with the sale, towards buyers and third parties.

ARTICLE 2 - AUCTION.
The S.V.V. NASH in charge of the sale reserves the right to refuse the bids of any bidder not offering a notorious solvency. In particular, any bidder who has not paid his previous award to the S.V.V. NASH or any other sales organization.
In accordance with the law, auctions are indicated and taken in euros, simultaneous translation into foreign currency is given for information purposes only.
If it is established that 2 or more bidders simultaneously bid at the same time, on the same horse, either aloud or by sign, and that they claim at the same time the horse after the statement of the the said horse will be immediately put back for sale at the price of the last auction, and all the public will be admitted to bid again.
The horse will then be awarded to the highest bidder and last bidder.
In the absence of cash payment, any unpaid lot may be put up for sale on "crazy auction" during the session or following, without formal notice or formality of justice, at the risk and peril of the bidder fol bidder.
He will be required to pay the difference between his auction price and that of the sale on crazy auction without being able to claim the surplus, if it exists. This surplus goes to the seller.
The S.V.V. NASH is the sole judge of all cases, crazy bidding.
In the event of default by the successful tenderer before the signing of a purchase order, the S.V.V. NASH will iron the horse for sale without the difference in its price can be claimed.

ARTICLE 3 - INFORMATION TO BE PROVIDED BY THE SELLER.
Any seller must give in writing before the sale the statements to be made under his responsibility, to the knowledge of the public.
The S.V.V. NASH and the Ministerial Officer only answer for the conformity of the statements given by the seller and those that are given to the public, but are not responsible for the accuracy and sincerity of the statements made by the seller, particularly as regards VAT, the designation of horses, the designation of their horses, their description, the profits, the fatal flaws, etc.
Thus the seller is required to report in writing before the sale the errors or omissions in the catalog so that these errors or omissions are reported to the public by an announcement in the gallery before the sale and recorded in the minutes.
Any vendor who has not made a written corrigendum to the catalog information in respect of the horses presented by him before the beginning of the sale shall be deemed to have approved the information and, therefore, the responsibility of his accuracy is his full responsibility.

ARTICLE 4 - VETERINARY EXAMINATION.
Each horse was examined by a veterinarian approved by the S.V.V. NASH.
Radiological records are available to MM. buyers at the veterinarian's office.
The S.V.V. NASH will appoint a veterinarian, who, in the event that the purchaser wishes to obtain a contradictory examination, will carry out the said examination on the field, this without the responsibility of the S.V.V. NASH can be sought in case of inaccuracy or misdiagnosis.
In case of investigation the seller agrees to allow the necessary blood test.

ARTICLE 5 - ABSENCE
For any accepted subject, listed in the catalog of this sale and not presented, the check of guarantee given to NASH at the time of the inscription of the horse will remain acquired with NASH, except in case of veterinary certificate produced at the latest the day of the sale attesting to the absolute impossibility of being presented (death, accident, serious illness).
SVV NASH reserves the right to make a request to the President of the High Court of competent jurisdiction, for the purpose of appointing an expert to ascertain the condition of the animal.
These sums will be automatically due if the horse appears on another sales catalog for the same period of the year.

ARTICLE 6 - PAPERS OF ORIGIN.
The horses registered by the seller must be accompanied by documents in good standing (registration card, accompanying document and information booklet, as well as a breeding certificate for full mares).
These papers must be handed over on arrival of the horses by the seller at the S.V.V. NASH. The responsibility of the seller may be sought in case the documents have not been submitted in due time and without prejudice to the right for the Ministerial Officer of the S.V.V. NASH to refuse the presentation of the animal for sale.
In any case, the SVV NASH, if it was however the sale of the animal, will not be responsible for the absence of the required documents.
Payment to the seller can only be made when the S.V.V. NASH will be in possession of all the papers concerning horses sold.

ARTICLE 7 - GUARANTEES BY THE SELLER.
The horses presented at Public Auctions are sold with ordinary legal guarantees.
The seller must guarantee the purchaser against the latent defects, listed by article 285 of the Rural Code, and not declared by him before the sale.
Any action based on such latent defects must be brought by the buyer in accordance with the provisions of articles 284 and following of the Rural Code, that is to say within 10 days of the sale (the postmark making faith), excluding the day of the latter, except periodic blood flow and infectious anemia for which the period is 30 days, not including the day of sale. Any delay expires on the last day at 24 hours. The period that would normally expire on a Saturday, a Sunday, a holiday or a holiday, is extended until the next business day. Within the said deadlines, and under penalty of inadmissibility, the buyer must present to the judge of the Tribunal where the animal is located a request to obtain the appointment of experts responsible for drawing up the animal's report.
Within the same period, the buyer must inform the seller (by registered letter) as well as the SVV NASH of the presentation of his request to the Judge of the Court of First Instance.
Any purchaser who, by himself or through his authorized veterinarian, has had or could have had access to available information concerning veterinary reports, x-rays and the like, will be presumed to know the contents and not to will be able to rely on it for hidden defects to obtain the resolution of the sale.
In all circumstances, the action in resolution of sale engaged by the purchaser must be directed directly against the salesman, whose name will be provided to him by the SVV NASH, at any request of his part. Under no circumstances may this action implicate SVV NASH or the Ministerial Officer who can not be held responsible.
The prospective buyer of a female is entitled before sale, to ask the seller for permission to have it examined by a veterinarian approved by the seller, to ensure its reproductive fitness, particularly in regarding the state of his genitals.
Any seller of stallion, or of horse likely to make a stallion undertakes with respect to the purchaser, in particular the French National Stud Service, to accept at the request of the purchaser the cancellation of the sale of the stallion. the animal, in case it has not satisfied the 28th day of the sale in the usual test of fertility.
No claim, even in case of fatal defect is admissible if the buyer has not paid the total amount of his purchase.
In case of fatal flaw or litigation (see article 12) the funds will be blocked at SVV NASH.
Sellers will have to make sure that each animal presented bears

ARTICLE 8 - OBLIGATIONS OF SELLERS.
The horses will have to arrive, equipped with the obligatory halter and a lanyard, the day before the first day of the sale, in order to allow the buyers to examine them.
The halter and the loin will become the property of the buyer. In addition, under pain of not being admitted to the sale, they will necessarily have a bridle.
The sellers will have the obligation to ensure the presence of a stable man paid by them and placed under their responsibility up to three horses presented. An additional man will have to be provided by them, by fraction of three horses.
The seller must expressly be present or represented at the time of the sale of his horses in order to take any decision that may be necessary and especially in the case of crazy auction.
In case the general condition of the horse is manifestly insufficient, the S.V.V. NASH reserves the right to refuse the presentation of the horse, without penalty to his charge. No penalty will be claimed from the seller.
Seller's fees and expenses for the benefit of S.V.V. NASH will be those listed in the listing of horses for sale and accepted by the seller when signing by him made of this document.

ARTICLE 9- LIABILITY FOR DAMAGE CAUSED BY THE ANIMAL OR THE ANIMAL.
Until sale, that is to say until the adjudication, the horses and lots for sale remain the property of the seller, the S.V.V. NASH and the Officier Ministerial Instrumentaire can not be held responsible for any accidents, illnesses or damages to animals caused by them to third parties, whether inside or outside the establishment. . The risks of fire, loss and damage also remain the responsibility of the sellers. Embarkation or disembarkation operations, and all similar operations, are carried out for the account and at the expense and risk of the seller.
Immediately after the auction, the buyer replaces the seller for these responsibilities.
In the case where the S.V.V. NASH accepting that its employees undertake, on behalf of the owner (seller or buyer) embarkation, disembarkation or shipping operations, this will not involve novation under the conditions above stipulated. In addition, buyers and sellers are always free to take charge of embarking or landing themselves.

ARTICLE 10 - SALE WITHOUT RESERVE.
The seller must communicate in writing and before the sale to the S.V.V. NASH and the Ministerial Officer the minimum price below which he does not intend to let the horse be awarded to the bidder. This price can not be higher than that agreed with the S.V.V. NASH at the time of registration of the horse for sale.
In the absence of written indication given before the sale, it will be deemed made with an estimate price equal to the price agreed at the time of registration of the horse for sale.
However, the seller or his agent may always bid to buy the animal presented by him if he considers the auction insufficient. In case of redemption by the seller or his agent, it replaces the buyer in all its obligations and bears the costs normally borne by the buyer and those of the seller.

ARTICLE 11 - SALE FOR DISSOLUTION OF ASSOCIATION.
When a sale will be indicated because of dissolution of association between co-owners, it will be obligatorily without reserve for the totality of the horse put on sale. On the other hand, any of the co-owners will always be able to bid for their own account on the whole and be awarded; in this case, the selling expenses, at the expense of the buyer, will be exclusively collected on the part not belonging to him.

ARTICLE 12 - RULES TO THE SELLER.
The seller releases the Auctioneer or the Ministerial Officer from all liability for payment, which is contractually the responsibility of SVV NASH.
The S.V.V. NASH agrees to pay the seller within thirty (30) days of payment of each animal sold by the buyer; in any case, this payment can not be made within the first thirty (30) days following the sale.
The payment guarantee will become void if the seller is not up to date with its regulations with respect to the S.V.V. NASH.
Any action of 1) seizure, 2) action of sale resolution initiated by the buyer, 3) dispute between buyer and seller, 4) opposition made by a third party on the amounts due to the seller void the guarantee of payment.
In addition, settlement after receipt of funds from the buyer will be made in the hands of the seller up to the amount available.
On the other hand the S.V.V. NASH reserves the right to offset the claims and debts of the same customer at the time of the auction.
The seller subject to the T.V.A. is the only responsible for the declaration and the payment of T.V.A. to the competent tax authorities.

ARTICLE 13 - CRAZY BETS.
In case of failure of a contractor (refusal to sign, abandonment of premises, etc.) the S.V.V. NASH will return the horse for sale no later than the day after the auction, without the difference in price being claimed.
In this hypothesis, the responsibility of the S.V.V. NASH will in no case be sought by either the seller or the defective purchaser.
If this sale proved impossible, the sale being the subject of this crazy auction would be canceled without the responsibility of the S.V.V. NASH where the Ministerial Officer is engaged.
Similarly, when the purchaser will be considered by the S.V.V. NASH as not having sufficient credit guarantees, it will be authorized in the absence of cash payment to return the animal for sale on crazy auction no later than the day after the auction.
In case the seller, if any, or his representative opposes this resale on crazy auction, the S.V.V. NASH would be relieved of the payment guarantee provided for in Article 12 above.

ARTICLE 14 - PAYMENT BY PURCHASER - WITHDRAWAL OF PAPERS.
All public auctions are deemed to be cash. Only the seller may, after adjudication, authorize the successful bidder in writing to pay in due time the conditions specified in the written acceptance of the seller. In this case, the S.V.V. NASH will pay the seller only after receiving payment from the buyer.
Anyone who carries an auction is deemed to wear them for himself and the successful tenderer, whose name will be mentioned in the minutes, will be personally responsible for his purchase.
If the successful bidder declares to be acting on behalf of a third party, he must have the written power of this person and expressly agree to act as a joint and several surety for the said third party, for the full amount of the auction.
The successful tenderer whose name will be mentioned in the minutes will be responsible for his purchase in case of default of his principal.
In the event that the successful tenderer does not have an express mandate, the S.V.V. NASH may consider as co-debtor any person who, in one way or another, will be the tacit agent of the said contractor.
No deduction, whatever the cause, can be made on the invoices issued by the S.V.V. NASH. These invoices will therefore have to be paid in full by the buyers or their agents.
All payments must be made via the S.V.V. NASH either by transfer, bank check or money order (no cash payment being accepted).
It is only after payment of their bill that the purchasers will be able to obtain the certificate of exit and the papers concerning their purchase, either at the secretariat of the sale or by making the request to the S.V.V. NASH.
The payment will include the price of the auction and will be increased by the costs of the auction. These fees as well as the price, are payable immediately without waiting for the delivery of the papers, just resale on crazy auction.
In case of non-payment, the S.V.V. NASH will notify the purchaser by registered letter with acknowledgment of receipt, that it has 8 clear days to settle its adjudication; that past this period, an interest of 1.3% H.T. per month will be charged retroactively from the first day of the sale, on the total amount of the invoice; that the S.V.V. NASH reserves the right to forward the file to its lawyer who will take care of the recovery.
In case of fatal flaw or litigation, funds may be blocked at the S.V.V NASH.

ARTICLE 15 - RETENTION OF PROPERTY.
The S.V.V. NASH., Subrogated by the only execution of its guarantee of payment in the rights and obligations of the seller, reserves the ownership of the horses delivered until full payment of the price and its accessories. In this respect, payment within the meaning of this provision shall not constitute payment of bills of exchange or any security creating an obligation to pay.
The purchaser is prohibited until the full payment of the price and its accessories to dispose of the horse by sale, pledge, pledge, loan or any other divestment. Any authorized representative undertakes to inform his principal of the existence of this clause.
In case of seizure or any other intervention of a third party on the horse, as in case of declaration of cessation of payment, receivership, or liquidation of the property, the purchaser is obliged to immediately inform the SVV NASH .
Despite the intervention of this retention of title clause, the buyer will bear the risk burden in the event of death, accident or illness of the horse.
He will have to bear all the expenses of maintenance of the horse sold as from the adjudication.
In case of non-payment of the price and of its accessories, the horse will be able to be apprehended in some hands that it is and this so good seems to the S.V.V. NASH, without formalities.
The price that will be obtained will be deducted from the amount of the award

ARTICLE 16 - GOOD OUTPUT.
No horse, sold or not sold, can leave the establishment without an exit ticket. This must be removed from the secretariat.
The horses must have left the establishment of sale at the latest the day after their presentation at 12 o'clock.
After this period, a pension fee (30.00 € per day) will be charged.

ARTICLE 17 - EXPENSES CHARGED TO SELLERS.
These fees appear on the list for each session.
Any reminder of taxes or rights that could be made by the administration of the State or the Commons beyond the current taxes and duties would be borne by the sellers.

ARTICLE 18. - SALES FEES CHARGED TO PURCHASER AND SELLER
- In addition to the price of the auction payable in cash, the buyer will be liable for purchase fees amounting to 10% of the selling price.
- The horses are sold, either with or without VAT, but in any case, the auction price is exclusive of VAT.
- The horses sold with VAT give rise to different situations distributed in the following way:
1. The buyer is subject to VAT in France: invoicing 20% ​​VAT on the hammer price.
2. The horse is in temporary importation (VAT)
at. The buyer is resident in France: 20% billing on the price of the auction, regardless of the scheme of the buyer (VAT recoverable for taxable persons under the legal conditions of common law).
b. The buyer is non-resident in France and wishes to keep the horse in temporary importation: no VAT billing, but the transfer fee for temporary importation is the responsibility of the buyer.
c. The buyer is foreign (EEC or non-EEC) and wishes to re-export the horse: no VAT billing.
3. The buyer is not subject to VAT: 20% billing on the price of the auction.
4. The horse is immediately exported to a country of the EEC:
at. If the buyer is subject to VAT in his country of residence, the European VAT number of the buyer must be communicated to the NASH Agency and this condition only there is exemption from VAT. This number will appear on the bill of sale.
b. If the buyer is not subject to VAT in his country of residence: invoicing of 20% in addition to the price of the auction.
5. The horse is immediately exported to a country outside the EEC: payment of a 20% VAT bond refunded against presentation of official document of exit of territory.
at. Horses sold excluding VAT are the property of sellers not subject to VAT.
b. Seller's sales charges are subject to VAT at the rate of 20%.
6. Horses sold for the exclusive use of reproduction may benefit from a discount rate of 10%. This mention must be worn by the buyer and under his responsibility on the voucher at the time of its signature.
7. Horses sold for mixed-use breeding and sporting use are subject to a 10% VAT on the fraction of their value related to reproductive use. This mention must be worn by the buyer and under his responsibility on the voucher at the time of its signature.

ARTICLE 18. - SALES FEES CHARGED TO PURCHASER AND SELLER
- In addition to the price of the auction payable in cash, the buyer will be liable for purchase fees amounting to 10% of the selling price.
- The horses are sold, either with or without VAT, but in any case, the auction price is exclusive of VAT.
- The horses sold with VAT give rise to different situations distributed in the following way:
1. The buyer is subject to VAT in France: invoicing 20% ​​VAT on the hammer price.
2. The horse is in temporary importation (VAT)
at. The buyer is resident in France: 20% billing on the price of the auction, regardless of the scheme of the buyer (VAT recoverable for taxable persons under the legal conditions of common law).
b. The buyer is non-resident in France and wishes to keep the horse in temporary importation: no VAT billing, but the transfer fee for temporary importation is the responsibility of the buyer.
c. The buyer is foreign (EEC or non-EEC) and wishes to re-export the horse: no VAT billing.
3. The buyer is not subject to VAT: 20% billing on the price of the auction.
4. The horse is immediately exported to a country of the EEC:
at. If the buyer is subject to VAT in his country of residence, the European VAT number of the buyer must be communicated to the NASH Agency and this condition only there is exemption from VAT. This number will appear on the bill of sale.
b. If the buyer is not subject to VAT in his country of residence: invoicing of 20% in addition to the price of the auction.
5. The horse is immediately exported to a country outside the EEC: payment of a 20% VAT bond refunded against presentation of official document of exit of territory.
at. Horses sold excluding VAT are the property of sellers not subject to VAT.
b. Seller's sales charges are subject to VAT at the rate of 20%.
6. Horses sold for the exclusive use of reproduction may benefit from a discount rate of 10%. This mention must be worn by the buyer and under his responsibility on the voucher at the time of its signature.
7. Horses sold for mixed-use breeding and sporting use are subject to a 10% VAT on the fraction of their value related to reproductive use. This mention must be worn by the buyer and under his responsibility on the voucher at the time of its signature.

ARTICLE 19 - SALE AT THE AMIABLE
The seller agrees not to offer or sell any horse whose registration has been accepted by the S.V.V. NASH.
In case of sale amicably with or without the assistance of La S.V.V. NASH, even if the transaction is made outside the sales establishments, before the sale or the month following the vacation in which it was registered, the check of deposit handed to LA S.V.V. NASH at the time of registration of the horse will remain acquired at the S.V.V. NASH.
Amicable sales made under these conditions will not be guaranteed to sellers.
The seller will be responsible for the payment to the S.V.V. NASH the amounts it would normally have received in case of sale during the vacation at the reserve price provided upon registration.

ARTICLE 20 - HORSES IN ANOTHER CATALOG.
The S.V.V. NASH reserves the right to refuse the presentation of a horse that is also in another sales catalog. In this case the deposit check issued to the S.V.V. NASH at the time of registration of the horse will remain acquired at the S.V.V. NASH.

ARTICLE 21 - SALE OF POULINIERES.
Any purchaser is entitled to have the broodmare examined by a veterinarian approved by the S.V.V. NASH within 24 hours after the sale and before she left the facility.
For full mares, the seller agrees to pay the outstanding breeding balance in the fall or the farrowing.

ARTICLE 22 RESOLUTION OF SALE.
Any purchaser who, by himself or through his authorized veterinarian, has had or could have had access to available information concerning veterinary reports, x-rays and the like, will be presumed to know the contents and will not be able to use it for hidden defects to obtain the sales resolution.
In all circumstances, the action in resolution of sale must be initiated by the buyer in the month following the day of the sale, and directed directly against the seller, whose name will be provided by the S.V.V. NASH, at any request from him. Under no circumstances can this action implicate S.V.V. NASH can not be held responsible and will keep the selling costs.
The parties must submit to an arbitration by way of expertise; this expertise will be carried out by a joint expert approved by both parties or by two experts each appointed by one of the two parties. The costs of this expertise will be shared equally between the parties.

ARTICLE 23 - JURISDICTION.
For any dispute concerning the interpretation or the execution of the conditions of sale, the attribution of jurisdiction is made to the courts of the MANCHE only competent.