CONDITIONS OF ONLINE AUCTIONS.

 

  1. 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 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 3 months after delivery of the foal or embryo by Stal Optimus.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 and (after the Award) to the Seller for his/her obligations to Stal Optimus Auction and the Seller. 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 and (after the Award) to a Seller. Stal Optimus Auction and the Seller are entitled to participate in the Auction and to Bid in the name of third parties on the Lot(s) offered by Seller 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.

       
  2. FOALS
     
    1. All foals are checked by a veterinarian. The report can be submitted on request.
       
    2. The foals can stay for free till 1 May 2021The conditions you find below, under point 5.

      The Buyer should inform 1 day after the auction till when the foal will stay:
       
    3. The risk related to the foals, transfers to the Buyer 14 days after the auction. After 14 days all the risk are for the Buyer. The buyer decides if he takes an insurance.

      For foals who are picked up earlier than 14 days after the auction, 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.

       
  3. IMPLANTED EMBRYOS – SURROGATE MARE
     
    1. After the auction all surrogate mares will be checked again on pregnancy by our veterinarian.
      1. If they are not pregnant, the sale is cancelled. Optimus has no obligation to deliver another embryo
         
      2. After the control of pregnanacy by our veterinarian, all risk is for the Buyer, also if the mare stays in the stables of Optimus. The buyer decides if he takes an insurance.
    2. The Surrogate Mare that is sold to the Buyer bearing an Embryo remains the property of the Seller and, no later than 6 months after the birth of the Foal, is returned by the Buyer to the Seller, in good health, dewormed and vaccinated. 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. 
    3. The Foal is named after the stud of the Seller (“Optimus” when a stallion is born, “Optima” when a mare is born).
       
  4. FROZEN EMBRYOS– SURROGATE MARE

Optimus will transfer the embryo to a recepient mare in 2021 and will not charge anything for this. 

1. If the surrogate mare is not pregnant after 45 days => The buyer pays nothing at all 
    The sale is annulated. Optimus has no obligation to deliver another embryo.

 

2. If the surrogate mare is pregnant after 45 days => Embryo will be invoiced

  • No extra costs => what you bid in the auction is what you pay
    (No costs for the use of the recepient mare - No costs for the vet)
  • Only a guarantuee of € 2.000 will be charged for the surrogate mare. This money will be paid back when the surrogate mare is returned. The Surrogate Mare remains the property of the Seller and no later than 6 months after the birth of the Foal, is returned by the Buyer to the Seller, in good health, dewormed and vaccinated.
  • After the control on pregnancy at 45 days all the risk is for the Buyer, also if the mare stays in the stables of Optimus. The buyer decides if he takes an insurance.
  • The Foal is named after the stud of the Seller (“Optimus” when a stallion is born, “Optima” when a mare is born).
  • The Buyer will pay for the transport-costs or arranges the transport himself.
     

5. CONDITIONS for FOALS who stay at Stal OPTIMUS till 01/05/2021

AGREEMENT
For the foals, bought through www.stal-optimus.auction , Stal Optimus offers free stabling in group till 01/05/2020.

Stabling 
The foals are stabled in group boxes.

Deworming and vaccination
The foal will be dewormed and vaccinated against tetanus/ influenza at the expense of Stal Optimus.
If you wish we can also vaccinate against Rhino. We give the vaccination and the repeat vaccination. The cost is 50 euro.

Veterinarian
Stal Optimus judges if a foal needs medical care or treatment by a veterinarian. This treatment is provided by the veterinarian of Stal Optimus unless the client explicitly indicates another veterinarian. In an emergency situation, Stal Optimus has the permission, on base of this agreement, to use the veterinarian of Stal Optimus. Stal Optimus estimates when the situation is an emergency situation. The veterinarian costs are not included and are directly counted by the veterinarian or Stal Optimus to the client.

Blacksmith
The blacksmith of Stal Optimus is used, unless the client explicitly asks, by the start of this agreement, another blacksmith. The costs of the blacksmith are not included and are counted separately by Stal Optimus to the client.
 

The foal has been examined by the veterinarian and has been approved. The report of each foal can be asked by request. The liability is applied in this way.
 

Liability Stal Optimus 
Stal Optimus is not liable for theft, accidents and damage that arise on his site, nor damage as a  result of the use of the products offered by Stal Optimus.
Stal Optimus is not liable for the damage to the foal.
Stal Optimus is only liable towards the client if there can be proved that the damage is occurred by handlings by or in name of Stal Optimus, handlings which are to a serious extent, contrary to the care which should be executed by Stal Optimus.
The liability of Stal Optimus for all costs and damage, related or caused by a fault or shortcoming of the agreement,  is at all times limited to the sum that the foal was sold on the auction.
 

Liability client and insurance
The client should insurance his foal himself against fire, theft and other damage. The client should take a civil liability insurance himself. This civil liability insurance should cover explicitly the risk of the possession of a foal.

 

 

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