Terms And Conditions for KWPN Auctions 1.6.10. If the Buyer opted for a more expensive method of delivery than the least expensive standard method of delivery, the Seller is not required to refund the additional costs for the more expensive method. 1.6.11. This article 1.6 only applies to the purchase of a horse by a consumer buyer in an Online Auction. 1.7 Information 1.7.1. The KWPN has taken great care in compiling the (digital) catalog. The information contained in the (digital) catalog is intended to give an impression of the quality of the Horses offered for Auction, without professing to be complete and without conferring any rights. 1.7.2. Horses offered for Auction are required to undergo a veterinary inspection as sporthorses. The resulting veterinary reports may be requested from the KWPN. The content of these reports is binding for KWPN and for the Participant. 1.8 Sales Tax 1.8.1 The KWPN is an entrepreneur for VAT purposes. Changes to the applicable VAT rate may lead to a corresponding adjustment of the applicable VAT percentages. 1.8.2. The VAT schedule under which each Horse is auctioned will be announced prior to the Auction. 1.8.3. In the event that the Buyer requests the transfer of an auctioned Horse(s) to another European Union member country, a zero VAT rate invoice will be issued which will require the Bidder / Buyer to fulfill all necessary conditions to complete a legal intra-community transaction. 1.8.4. If the zero VAT rate is subsequently not applicable for whatever reason, the Buyer will at that time owe an amount equal to the amount for a domestic transfer of the Horse in question. Upon request of the KWPN, the Buyer shall pay the KWPN the aforementioned amount immediately. In that case, the respective refund will only be issued if the Buyer has met the conditions in accordance with Article 1.8.3 to the satisfaction of the KWPN. In any case, the Buyer is liable for and shall indemnify the KWPN against all damages resulting from non-compliance with the conditions of 1.9 Article 1.8.3. In addition, the Buyer is liable for all extra judicial costs incurred by the KWPN, with a minimum due of € 1,000, excluding any VAT. KWPN Exclusions and Liability Limitations 1.9.1. The KWPN is not liable for damages as a result of incorrect and / or incomplete information, regardless of the nature and extent of the damages and the information and regardless of the source of the information. If the Seller is the source of the incorrect and / or incomplete information, the Seller shall indemnify the KWPN against all claims of a third party or third parties in this regard. 1.9.2. The KWPN is not liable for damages prior to, during and / or after the Auction caused by or to any person and / or to goods and / or by or to Horses. 1.9.3. The KWPN is not liable for damages, direct or indirect and regardless of their nature and scope, as the result of a failure to fulfill an obligation by a third party or third parties, including but not limited to the Buyer and / or Seller’s failure to fulfill obligations and / or as a result of any actions and / or omissions of the Participant. 1.9.4. The Participant is liable for all damages caused by him / her and shall indemnify the KWPN against claims by a third party or third parties, including but not limited to other Participants associated with the damages, regardless of nature and scope. 1.9.5. The KWPN does not guarantee that the Seller can transfer ownership of the auctioned Horse free and unencumbered to the Buyer, and the KWPN is not liable for any related damages. 1.9.6. KWPN exclusions of liability do not apply to the KWPN in case of willful misconduct attributable to the KWPN or gross negligence by the KWPN. 1.9.7. Any liability of the KWPN is at all times limited to a maximum of € 10,000. Claims for compensation expire one year after the day on which the Participant or a third party became aware of the damage for which the KWPN is liable. 1.9.8. The KWPN does not purchase insurance for the benefit of the Seller and / or Buyer for the respective Horse. Because the Buyer 105
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