108

Terms And Conditions for KWPN Auctions right to collect blood or urine samples for testing for banned substances during the selection process and prior to the Auction. 3.2.3. The Seller shall guarantee the accuracy and completeness of the test results as described above in Article 3.2.2. The Seller shall indemnify the KWPN against any claim during or after the Auction, irrespective of the scope and nature of the claim and the claimant, regarding a Horse purchased which was not in compliance with Article 3.2.2. 3.2.4. The Seller shall indemnify the KWPN against claims by the Buyer and / or a third party or third parties related to the breach of these guarantees by the Seller. 3.3 Registration and Selection 3.3.1. The Seller shall register for an Auction by completing, signing and sending the completed Registration Form to the KWPN. 3.3.2. By Registering for the Auction, the Seller commissions the KWPN to bring a Horse to auction and sell it on his / her behalf for the highest bid and to confer an Award, provided that the Horse is selected by the KWPN and admitted to the Auction. 3.3.3. Only Horses selected by the KWPN may participate in the Auction. 3.3.4. The KWPN determines the criteria which Horses selected for the Auction must meet. 3.3.5. The KWPN has the right at all times to refuse a Horse without stating reasons, even if the Horse had previously been selected for the Auction. The KWPN is never required to compensate the Seller for any costs incurred, on any grounds whatsoever, in connection with Registration and / or selection. 3.3.6. The KWPN selection is held in Ermelo at the first round viewing on a day and time to be determined and communicated by the KWPN. 3.3.7. Horses admitted to the Auction must meet the following criteria: a. they must have participated in the first round viewing in Ermelo; b. be free of observable faults, including but not limited to stable vices; and c. have been deemed acceptable by a recognized inspection veterinarian during a sport inspection, from which the Seller shall submit a veterinary report to the KWPN. 3.3.8. Within 90 calendar days prior to the Auction, 108 the Seller shall submit to the KWPN the aforementioned veterinary report containing the results of the veterinary inspection (including, but not limited to, clinical and radiological findings) which the Horse presented for Auction has undergone as a sporthorse. This inspection must be performed by a recognized inspection veterinarian at the direction, expense and risk of the Seller. 3.3.9. If a registered Horse is not selected for the Auction, the Seller is obligated, among other things, to immediately take back the Horse. The Seller must pay all associated costs in such case. The Seller then remains liable for all payment obligations to the KWPN. 3.3.10. If banned substances have been administered to the Horse, the Seller, among other things, shall immediately take back the Horse. The Seller shall pay all associated costs in such case. The Seller shall remain liable to the KWPN to meet all the payment obligations stated in these Terms and Conditions, insofar as they concern compensation to the KWPN. 3.3.11. Seller remains responsible for care and supervision of the Horse from Registration. 3.4. Fees and Payment Obligations of the Seller 3.4.1. Upon Registration, the Seller shall owe the KWPN a registration fee. The amount of the registration fee payable by the Seller to the KWPN per Horse, to be increased by a percentage of the Auction Price, will be announced for each Auction at Registration by means of a price list for that Registration. Upon sale of the Horse, the registration fee shall be settled with the proceeds from the Auction. In the case of a Buyback, the Seller will be invoiced for the registration fee. 3.4.2. The Seller must pay the KWPN this registration fee without any discount, settlement or deduction within 14 calendar days: i) after the day on which the Purchase Agreement was concluded (with Sale); or ii) after the day that the Seller must repurchase the Horse in the absence of a bid (with Buyback). 3.4.3. Within 7 calendar days after receiving the Delivery Contract from the Buyer and / or the Seller, the KWPN will pay the Seller the amount due to him or her, consisting of the Auction Price minus the amount the Seller owes to the KWPN under these Terms and

109 Online Touch Home


You need flash player to view this online publication