Terms of the Auction

Terms of the SSHS auction 2018

  1. General
    1. These terms and conditions shall apply as standard terms for Buyers and Sellers participating in an Auction organized by Swedish Select Horse Sales AB (“SSHS”).
    2. “Seller” in these Standard Terms shall mean the owner of a horse that shall be sold at an Auction organized by SSHS (“the Auction”). “Buyer” in these Standard Terms shall mean the person or corporation who acquires a horse at the Auction.
  2. The relationship between the Parties
    1. SSHS undertakes, on account of the Seller, to mediate the sale of a horse to the Buyer as a commissioner. The legal relationship concerning the sale and transfer of ownership on occasion of a sale is therefore between the Seller and the Buyer.
    2. SSHS shall not be held accountable for information given by the Seller or the Buyer such as, but not limited to, personal data, information about the consigned horse, etc.
    3. SSHS shall not be held responsible for any faults that occur on a horse during the time the horse is shown in the premises used for the Auction.
    4. SSHS’s assignment as commissioner for the sale of a horse ends on the date the sales agreement is signed between the Seller and the Buyer of the horse. It is the responsibility of the Seller and the Buyer to fulfil the sales agreement by paying the full sales price, hand over the bought horse, etc.
    5. Any complaint regarding a horse bought at the Auction shall be made directly from the Buyer to the Seller. The Buyer thus accepts that any claims with regards to the sale shall be made directly to the Seller and not to SSHS.
    6. Any dispute relating to a sale shall be between the Buyer and the Seller.
  3. The relationship between SSHS and the Seller
    1. The Seller is solely responsible for the information he or she presents about a horse consigned to SSHS for Auction, and is solely responsible for any injuries or faults on the horse.
    2. A consignment agreement between the Seller and SSHS skall be signed no later than 2 (two) weeks before the date of the Auction.
    3. The Seller is responsible for ensuring that a certificate of a clinical examination of the consigned horse is available on the day of the Auction, prior to the sale, in accordance with paragraph 5 below.
    4. SSHS shall not be held liable for any injuries on the consigned horse that appear or occur in conjunction with the Auction.
    5. SSHS shall not be held liable for any damage, direct or indirect, caused if the Auction cannot be executed.
  4. The relationship between the Seller and the Buyer
    1. The Seller shall be solely responsible for all information he or she gives to SSHS about the consigned horse.
    2. Any complaint regarding a horse bought at the Auction shall be made directly from the Buyer to the Seller. The Buyer thus accepts that any claims with regards to the sale shall be made directly to the Seller and not to SSHS.
    3. Any dispute arising from a sale shall be between the Buyer and the Seller.
  5. The Auction Horses: condition
    1. All horses sold at the Auction have undergone a standard clinical examination and radiographical tests, and are sold as is. It is the responsibility of the Buyer to examine the horses thoroughly prior to or during the Auction.
    2. Independently issued certificates of clinical examinations, not older than 50 (fifty) days, and any veterinary findings, shall be available for the Buyers on the day of the Auction.
    3. The Buyer is aware that certificates of clinical examinations are only indicative, inasmuch the certificates do not free the Buyer from the obligation to examine the horses prior to or during the Auction. The Seller, or a representative for the Seller, shall provide any information requested by the Seller.
  6. Estimates
    1. The estimated prices at the Auction are given in svenska kronor currency (“SEK”).
    2. Prior to the sale of each horse during the Auction, the Buyers will be informed about whether the Seller is an individual or a VAT registered corporation. In the case the Seller is a VAT registered corporation, 25% VAT will be added on the hammer price.
  7. Bidding etc.
    1. The bidding is made in SEK.
    2. The lowest accepted bid is SEK 90 000.
    3. A bid shall be made with a clearly audible voice or a clear sign.
    4. The Auctioneer decides the increments with which a new bid must be made to be valid.
    5. A bidder is bound by his or her bid until another bidder has made a higher bid.
    6. The Buyer shall be the person who has made the highest bid when the hammer falls.
    7. Should there be more than one identical bid, or any confusion with regards to the bidding, the Auctioneer shall decide which bid has precedence in the case of a sale or if the bidding shall be resumed.
    8. Immediately after a sale at the Auction, The Buyer and the Seller shall enter a sales agreement between them, on the day of the Auction.
  8. Payment
    1. Payment of the sales price shall be made directly from the Buyer to the Seller within 4 (four) business days after the day of the Auction, unless otherwise agreed between the Seller and the Buyer. In the case the payment has not been made within the specified time, the Seller shall have the right to claim the payment as well as interest corresponding to the reference rate and an additional 8% of the sales price. Ownership of the horse/horses bought at the Auction is transferred when the full payment has been made.
    2. SSHS charges the Buyer a sales commission of 10% of the total sales price excluding VAT. The sales commission plus VAT shall be paid by the Buyer to SSHS within 10 (ten) business days after the day of the Auction. In the case the payment has not been made within the specified time, SSHS shall have the right to claim the payment as well as interest corresponding to the reference rate and an additional 8% of the sales commission.
  9. Transfer of risk, delivery, etc.
    1. The Seller retains full responsibility for the sold horse/horses until they are delivered to the Seller after the sale, whereupon the responsibility is transferred to the Buyer. Should the horse/horses not be delivered as agreed and should such delay be caused by the Seller or any event relating to the Seller, the risk shall be transferred when the Seller has done all that was required of him or her to ensure the delivery of the horse/horses.
    2. The Buyer can collect the horse/horses after the end of the Auction, after the full payment has been made to the Seller. The horse/horses can, while awaiting collection, be kept by the Seller without charge for 4 (four) days. The risk for the horse/horses is transferred to the Buyer at the time of collection, that is when the horse/horses have left the stables at the time of collection but no later than 96 (ninety-six) hours after the end of the Auction.
  10. Other
    1. Insurance for the horse/horses can be obtained in conjunction with the Auction, through insurers Agria.
  11. Personal data
    1. SSHS complies to the EU Data Protection Law.
    2. Personal data given to SSHS by the Seller or the Buyer is used by SSHS for administrative purposes and fulfilment of SSHS’s obligations towards the Seller and the Buyer, meaning that the information primarily will be used to execute the Auction and the sales of horses. SSHS may additionaly use the information for marketing purposes, by sending newsletters and offers via post and email.
    3. Sellers and Buyers agree that personal data is used as per above.
    4. He or she who wishes to receive information about or correction of their own personal data used by SSHS has the right to contact SSHS with such demand.
  12. Disputes
    1. Swedish law shall apply to all dealings or any disputes between SSHS and the Seller, SSHS and the Buyer, and between the Seller and the Buyer. Any disputes shall be resolved by Swedish Court.

These conditions are a translation of the Swedish language. In case of dispute only the original Swedish version is binding.