Stal Optimus Auction | CONDITIONS OF ONLINE AUCTIONS

CONDITIONS OF ONLINE AUCTIONS.

GENARAL CONDITIONS OF ONLINE AUCTIONS
1. The Stal-optimus.auction is organised by OPTIMUS AGRO NV, whose registered office is situated at Fortsesteenweg 17,2860 Sint-Katelijne-Waver (Belgium).
2. All foals and embryos, sold by stal-optimus.auction are bred by Stal Optimus. In that regard, no commission is counted.
3. To participate in this auction implies that these auction conditions are explicitly acknowledged and accepted without reservations.
4. Buyers must register themselves for the online auction via the webstite www.stal-optimus.auction before being allowed to participate in the Stal-optimus.auction.
5. The buyer guarantees, at all times, the correctness and completeness of the personal information he/she provides when registering for the auction. The username and password that the buyer uses during the auction are strictly personal and cannot be communicated to somebody else.
6. The sale is established under Belgian law by means of bidding and allotment to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. Bids and payments are made in EURO.
7. The auction website will state an indicative closing time of the auction per specific good. If, however, a bid is made in the last 5 minutes before the closing time of that lot, the auction time for that specific lot will be automatically extended by 5 minutes. The extended time will become the new indicative closing time.
8. In the auction a good is allotted to the highest bidder.
  The sales price will be calculated as follows:
  -the price of the lot = net price (NO COMMISSION)
  -possibly to be increased by applicable VAT (21%)
  -total = settlement amount.
  Stal Optimus will send an invoice
9. No VAT will be charged in following 2 cases:
  1. The invoice can be issued on a company in the European community, outside of Belgium, with a legal vat number. The foal/ surrogate mare must be delivered in the European Union and cannot remain in Belgium. The buyer must comply with all the necessary conditions attached to a lawful intercommunity transaction.
  2. The foal or surrogate mare (embryo) is sold outside the European Union and both of following conditions are fulfilled:
    1. the foal or embryo is transferred outside the European community
    2. the buyer will submit valid transport- en export documents within 6 months after the auction date.The buyer must comply with all the necessary conditions attached to a lawful export transaction.
    If the documents are not provided or the foal or embryo is not transferred outside the European community the sum consisting of the VAT will be charged.
10. Pick-up
  After the Auction and payment by the Buyer , the Buyer and the Seller will make arrangements for the delivery.
  
  The Buyer will pay for the transport-costs or arranges the transport himself
11. The ownership of the lot is transferred to the buyer at the moment that the Optimus received the money of the buyer.
12. A Bid must be placed in the manner described by Stal Optimus Auction on the Auction Website. The Auction takes place 'by bidding'. The Bidder is bound to a bid; it is considered being irrevocable and unconditional. Each Bidder who places a Bid shall be deemed to be bidding for himself or herself, and is personally bound to Stal Optimus Auction for his/her obligations.
  If multiple persons declare that they are placing or have placed a Bid jointly, they are jointly and severally liable for the resulting obligations to Stal Optimus Auction.
  
  Stal Optimus Auction is entitled to participate in the Auction and to Bid in the name of third parties on the Lot(s) offered by means of the Auction.
13. Stal Optimus Auction acts as an Auction Service. The organization, preparation and implementation of the Auction is determined solely by Stal Optimus Auction. This means among other things that Stal Optimus Auction determines the course of events prior to and during the Auction, and has the sole authority not to auction or to change (the composition of) one or more Lots, to not recognize a Bid and declare it invalid, and suspend, resume, extend or cancel the Auction and/or take other measures it deems necessary. The duration of an Auction is indicated on the Auction Website. This does not prejudice the right of Stal Optimus Auction to cancel, terminate (early), suspend or extend the Auction of the Lot(s) at any time. Thus among others, Stal Optimus Auction can exercise its right to extend the Auction in the situation that the Auction is not accessible to all Bidders due to technical problem(s). However, Stal Optimus Auction is not obliged to do so. A Bidder is required to follow the instructions and directions given by or in the name of Stal Optimus Auction in the context of an Auction. A Participant accepts the extraordinary circumstances that can arise during an internet-auction and the (technical) imperfections that may exist. Stal Optimus Auction cannot be held liable in any way for such occurrences.
  
  The Auction Website will state an indicative closing time of the Auction per specific Lot. If, however, a Bid is made in the last 5 minutes before the closing time of a Lot, the auction time for that specific Lot will be automatically extended by 5 minutes. The extended time will become the new indicative closing time of that Lot.
14. Stal Optimus shall not be liable for any visible and/or hidden defects. In any case, the liability of Optimus Agro nv shall be limited to the maximum amount paid by the Purchaser
15. Any dispute arising from this auction and its consequences will be exclusively ruled by Belgian law. The Courts of Antwerpen shall have exclusive jurisdiction to take cognizance of the disputes.
16. Stal Optimus Auction retains the right to modify these Auction Conditions without prior informing Participants. In the case of such modifications, the new Auction Conditions will automatically come into force as per the next Auction and as published on the Auction Website
17. Stal Optimus Auction is not liable for anything directly and/or indirectly related to the Auction, Auction Conditions and the Lots, except in cases of wilful intent or wilful recklessness on the side of Stal Optimus Auction.
FOALS
1. All foals are checked by a veterinarian. The report can be found on the webpage of each foal.
2. The risk related to the foal transfers to the Buyer from the moment of delivery of the respective foal to the Buyer or to the transportcompany.
IMPLANTED EMBRYOS – SURROGATE MARE
1. LIVE FOAL GUARANTEE
  The Live Foal Guarantee applies under the following conditions:
  
  -Pregnancy Loss: If the mare loses the foal during pregnancy (miscarriage).
  -Stillborn Foal: If the foal is born dead.
  
  In the event that either of the above situations occurs, veterinary proof (vet report) must be provided within 24 hours to Optimus by email at dries@dsf.be.
  
  In both conditions described above, the invoiced amount of the embryo will be refunded.
  
  When the surrogate mare is returned to Optimus the guarantee will also be refunded to the buyer by Optimus.
2. The Surrogate Mare that carries an Embryo remains the property of Optimus and, no later than 6 months after the birth of the Foal, is returned by the Buyer to Optimus , in good health, dewormed and vaccinated.
  
  Under no circomstances may the receptor mare be used for any service other than raising the purchased foal.
  
  A guarantee of 2.000 EURO (excl. VAT) will be counted for the Surrogate Mare. This guaranty is refunded to the Buyer when the Surrogate Mare is returned in good condition. The buyer organises the return of the surrogate mare at his expense.
  
  If you want to buy the surrogate mare to keep her, contact us for the price of that specific surrogate mare and the conditions.
3. In combination with your stablename, the name of the foal must have the suffix "Optima" if it is a filly, "Optimus" if it is a colt.
4. After the auction all surrogate mares will be checked again on pregnancy by our veterinarian.If they are not pregnant, the sale is cancelled. Optimus has no obligation to deliver another embryo.